MARK DION (MAYOR) ANNA TREVORROW (1) PIOUS ALI (A/L) VICTORIA L. PELLETIER (2) APRIL FOURNIER (A/L) REGINA L. PHILLIPS (3) ROBERTO RODRÍGUEZ (A/L) ANNA BULLETT (4) KATE SYKES (5) CITY COUNCIL WORKSHOP ReCode Phase II October 28, 2024 at 5:00 PM in Council Chambers REMOTE PARTICIPATION: The City Council will conduct this meeting from Council Chambers, located on the second floor of City Hall. To watch the meeting remotely, please visit https://portlandme.portal.civicclerk.com/event/7371/media AGENDA ITEMS: ReCode Phase II Workshop ADJOURNMENT: 1 Page 1 Planning and Urban Development Kevin Kraft, AICP Director To: Mayor Dion and Members of the City Council From: Kevin Kraft, Director, Department of Planning & Urban Development Nell Donaldson, Director of Special Projects Date: October 23, 2024 RE: ReCode Phase II – Workshop #2 I. INTRODUCTION On October 8, 2024, the Planning Board voted unanimously (7-0) to recommend the work products of Phase II of ReCode, the city’s initiative to comprehensively rewrite the City of Portland land use code and amend the zoning map. This recommendation also includes a minor amendment to the existing conditional rezoning agreement for properties in the vicinity of Diamond Cove and Great Diamond Island. The Planning Board found the amendments to be consistent with the City of Portland’s comprehensive plan. The Board recommended these proposals to the City Council for their adoption without amendments. The City Council's review of ReCode Phase II follows five Planning Board workshops and a public hearing where the Board evaluated the draft components of ReCode Phase II, considered revisions to previously presented materials, and received public input. On October 28, the City Council will hold its second workshop on Phase II of ReCode, building on the initial workshop held on September 30. This session will provide an overview of the Planning Board's recommendation, along with updates from City staff on topics raised by the Council during the previous workshop held on September 30. These updates will include summary of a follow-up on dimensional standards in the RN-4 zone, specifically regarding building length and minimum open space requirements, and the land use framework and policy rationale for retaining the remaining limited industrial land in Portland. II. NEXT STEPS The City Council’s first reading took place on October 21, 2024. The City Council’s public hearing is scheduled and has been noticed for November 4, 2024. III. ATTACHMENTS Attachment A: CC ReCode Workshop #2 Memo 10.28.2024 Attachment B: ReCode Phase II – Workshop Presentation Attachment C: CC ReCode Workshop #1 Memo 09.30.2024 Attachment D: Planning Report to City Council Attachment E: Final Draft Land Use Code 10.08.2024 Attachment F: Final Draft Land Use Code redlined 10.08.2024 Attachment G: Final Draft Zoning Map 10.08.2024 Page 2 Planning and Urban Development Kevin Kraft, AICP Director To: Mayor Dion and Members of the City Council From: Kevin Kraft, Director, Department of Planning & Urban Development Nell Donaldson, Director of Special Projects Date: September 27, 2024 RE: ReCode Phase II – Workshop #1 I. INTRODUCTION On September 30, 2024, the City Council will hold a workshop on Phase II of ReCode, a comprehensive, multi-year effort to rewrite Portland’s land use code. This workshop will provide an overview of the final draft of the land use code and zoning map, developed by city staff with guidance from consultant Camiros, Ltd., the Planning Board, Historic Preservation Board, various city departments, state agencies, and public input. This Council workshop follows five Planning Board workshops, two Historic Preservation Board workshops, and one Historic Preservation Board public hearing, all of which included opportunities for written and verbal public comment. A Planning Board public hearing is scheduled for Tuesday, October 8, 2024, during which the Board will vote and make a recommendation on ReCode to the City Council. II. WHY RECODE? In 2017, the City Council adopted Portland’s Plan 2030, the comprehensive plan for the City of Portland. Portland’s Plan was developed with the input of thousands of Portland residents, workers, students, and visitors, and includes a series of policy guides related to key topic areas, from transportation to housing, public facilities, historic resources, waterfront, open space, and the economy (Figure 1). One of the first recommendations of Portland’s Plan was to “create a new unified development code, that incorporates zoning, the historic preservation ordinance, housing policies, and other aspects of the development review process into a more readable and useful document” (p. 90). At the time, the land use code and zoning map were the products of land use policy which had been adopted and amended by the City Council over many years. Much of the policy within the code reflected current best practice; however, the code had not been reworked holistically in half a century. It had ballooned to nearly 1,000 pages, contained pages of redundant language, and could be difficult to navigate. In this recommendation, Portland’s Plan recognized that the City needed to revise the land use code on a functional level to improve legibility, clarity, and consistency. Figure 1: Visualizing Portland's Comprehensive Plan Page 3 Simultaneously, the recommendation also reflected a deeper understanding that fundamentally, as one of the principal tools for implementation of Portland’s Plan, the land use code would need to be updated to align with the city’s new shared vision and goals. This imperative reflects state statute; in Maine, 30-A MRS Section 4352(2) which requires explicitly that a “zoning ordinance must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body.” III. APPROACH While Portland’s Plan recommends the creation of a new land use code, it provided no road map for completing such a project. For other communities rewriting their codes, this process is often lengthy, as well as costly. (Somerville’s was a seven-year process, Boise’s took four years, Atlanta’s has been underway since 2015.) Recognizing that the ReCode initiative would inevitably span multiple years, from the start the effort was split into two distinct, successive phases. 1. ReCode Phase I Phase I of the ReCode process was organized around reformatting, restructuring, and streamlining the code into a simpler, more user-friendly document, one that would serve as a clean framework for incorporating new policies in the future. Phase I also included some policy work where it intersected with the restructuring objective, including updates to the City’s off-street parking standards (exempting parking requirements for any site within ¼ of public transit) and accessory dwelling unit (ADU) regulations. After a long review period, including numerous Planning Board workshops, Council workshops, and months in which portions of the draft code were open for public comment, the City Council adopted the revised land use code under Phase I of ReCode in November of 2020. Staff and the public have worked with the revised code ever since. 2. ReCode Phase II Where Phase I of ReCode emphasized structural changes to the code, Phase II is focused on the policy- oriented work of rewriting the code to better align with the vision of Portland’s Plan. For instance, Portland’s Plan foregrounds sustainability, equity, and housing, among other goals; Phase II is designed to produce a land use code and zoning map amendments that directly addresses these issues. IV. PROCESS Phase II began almost immediately after the conclusion of Phase I with the release of an RFP for consultant services. In spring of 2021, Camiros, a consultant with national experience in writing and updating land use codes, was hired to support the ReCode Phase II effort. Camiros’s scope includes two major elements, an evaluation of the existing land use code, and supporting city staff with drafting and review of amendments. Camiros has also been integrally involved in the public engagement around ReCode Phase II. 1. Land Use Code Evaluation A land use code evaluation was released in December 2021 as the first work product of Phase II. The land use code evaluation evaluated the existing land use code with respect to the goals from Portland’s Plan, responding to the six themes of the Portland’s Plan vision. The code evaluation included recommendations related to basic use regulations, dimensional standards, and the City’s existing zones. The evaluation also included structural recommendations that continue the organizational work of Phase I. Altogether, the code evaluation provided the City with a road map of possible strategies for revising the land use code to bring us closer to the goals of Portland’s Plan. 2 Page 4 Figure 2: ReCode Phase II process 2. Drafting & Review The drafting process began in mid-2022, with a focus on the core zoning elements of the land use code – Definitions, Zones, Use Standards, and Dimensional Standards - which are fundamentally related and lay the foundation for much of the rest of the code. Drafts were developed based on internal analysis, the code evaluation, best practice and research, and public input. In late June of 2023, the City released the “first wave” of draft changes to the land use code under ReCode Phase II. After the close of the first wave comment period in the fall of 2023, the process of reviewing public input, revising the first four core articles, and developing draft amendments to the remainder of the land use code and the zoning map began. The resulting “second wave” changes, including edits to the entire land use code and zoning map, were released in April of 2024. The final draft zoning map can be viewed here. Beginning in mid-summer, staff began the process of reviewing public feedback in preparation for the final round of revisions to the land use code and zoning map. As a product of this work, a final draft of the land use code and zoning map was released in early September. Simultaneously, the Historic Preservation Board completed their review of proposed changes to the Historic Preservation ordinance, incorporating input from the public and the Maine Historic Preservation Commission. Staff also continued internal reviews with Permitting & Inspections, Housing & Economic Development, and Corporation Counsel on the drafts, as well with the Maine Department of Environmental Protection where necessary. 3. Public Involvement ReCode builds off the work of Portland’s Plan, which engaged approximately 3,000 Portland residents and business owners in visioning and goal-setting exercises which directly relate to policy within the land use code. Expanding on the success of the outreach under Portland’s Plan, staff has made engagement a core component of ReCode. Public engagement has included: 3 Page 5 - Community Conversations: Staff initiated ReCode with a set of Community Conversations in the fall of 2017 and spring of 2018, introducing the ReCode process to neighborhoods and leading attendees in a neighborhood-based analysis of strengths, weaknesses, opportunities, and threats (Figure 3). These Community Conversations, ultimately held with fifteen neighborhood associations, resulted in valuable information about the ways that neighborhoods perceive their physical space, their concerns, and their goals. - www.recodeportland.me: Starting in 2018, staff also built out the ReCode website. This website has served as a source for information on ReCode for the entire span of the project, including background information on Portland’s Plan, summaries of findings from public engagement, and drafts for public review. Since its inception, the website has drawn over 31,000 unique visitors, with over 9,000 of these visitors in 2024. - Interviews. In the spring of 2021, interviews were conducted with 15 individuals representing a diverse array of perspectives on issues relevant to ReCode, ranging from those in the development community, affordable housing advocates, neighborhood residents, and representatives of civic and cultural organizations. These stakeholder interviews provided a snapshot of some of the challenges and opportunities related to using the code in practice in Portland today. - Code evaluation surveys, public forums, and online commenting. The City conducted significant public engagement around the code evaluation, including a city-wide survey, an island survey, a series of public forums, and an online document comment portal. Almost 200 residents responded to the city-wide survey, over 600 responded to the island survey, 130 members of the public participated in the public forums, and the City received over 300 written comments from 32 commenters on the land use code evaluation document comment portal. - “First wave” videos, zone guides, public forums, and online commenting. A series of four videos, a podcast, and numerous supplementary materials including “zone guides” were released along with the first wave of material to help the public understand the changes. In addition, the City hosted three in-person and one virtual open house to gather feedback from the public, and also welcomed input through email, form submission, and an online document comment portal. Altogether, over 100 people attended the forums and the City received almost 400 written comments from 88 commenters on the first wave changes. Figure 3: North Deering Community Conversation SWOT Analysis 4 Page 6 - “Second wave” zone guides, ReCode Studio, and online commenting. The release of the second wave of edits was also accompanied by an updated set of zone and article guides which provided a simple way to engage with the draft land use code and zoning map. In-person public engagement centered on the ReCode Studio, a two-day, in-person gallery-style drop-in event where the public could engage with ReCode materials in visual form, view a short film, explore the zoning map, and provide comments and markups on drafts. Members of the public could also explore the second wave draft code and map online and provide comments through an online commenting platform. Altogether, over 200 members of the public visited the in-person ReCode Studio and the City received almost 900 written comments from over 200 individual commenters on various aspects of the drafts via email, form submissions, the online document commenting platform Konveio, and the GIS-based map commenting platform on the ReCode website. - Promotion through podcasts, news, social media, email. Each release of new materials for Recode, including the code evaluation and drafts of the land use code and zoning map, has been broadly publicized through the ReCode email list, the City’s mailing lists, and social media. Staff has appeared at conferences, at neighborhood association meetings, at interest group meetings, on GPCOG’s Let’s Connect podcast, and stories have been published in the Portland Press Herald. - Direct meetings with community organizations. Since the beginning of ReCode, staff has met with community and stakeholder groups upon request. These have included meetings with neighborhood associations, Portland Society of Architects (PSA), Maine Conservation Voters, Leadership Portland, Greater Portland Landmarks, the Peaks Island Council, the Chamber of Commerce, Portland Downtown, Portland Public Schools, Greater Portland METRO, Greater Portland Council of Governments, the Portland Housing Authority, and many others. - Planning Board and other Board engagement. The public process has also featured five workshops with the Planning Board and two workshops with the Historic Preservation Board and one public hearing. Each of these meetings has provided an opportunity for public comment, both written and verbal. - Council engagement. Staff has also engaged with the City Council at various points in the Phase II process, providing another opportunity for the public to participate in ReCode. These have included: o October 2021: A workshop with the Housing & Economic Development Committee on Housing and ReCode o December 2021: An update to the full City Council via communication o February 2022: A workshop with the full City Council on the Land Use Code Evaluation o September 2022: An update to the full City Council via communication o November 2022: A workshop with the full City Council on ReCode concepts o March 2024: A workshop with the Sustainability & Transportation Committee on climate resilience zoning through ReCode V. SUMMARY OF PUBLIC COMMENT THEMES The planning and review process to date has involved extensive public outreach, resulting in a wide range of feedback and perspectives on how the city should develop in the years to come. Staff has received many individual email and form submission comments over the course of ReCode Phase II and these have been included as Attachment H. 5 Page 7 • “PC: We need more local gas stations and convenient parking lots.” • “PC: Allowing density by right near public transportation, public parks, schools, etc. is the best way to ensure equitable access to Portland’s resources.” • “PC: I’m supportive of drastically increasing TOD zones to the entirety of the major arterial streets like Brighton and Forest. The current proposal does not go far enough to increase density of areas that will have better bus transit. TOD zones should be entire streets, not just individual parcels.” • “PC: our housing capacity is maxed out and cramming more housing in small places is going to ruin the quality of life for us and is not going to provide “affordable housing”. In will also put too much stress on the school system, as well as the infrastructure – especially the sewer system. The proposed setbacks and height of buildings allowed will make this look like New York City without enough sun in our yards to grow a garden. And where will everyone park?” • “PC: No outside gardens should be allowed. We all know they attract critters and rats. They should only be permitted within a structure. Enough said.” The public feedback on the ReCode proposal reflects a range of perspectives. Many community members have advocated for changes that would better support housing development in lower-density residential zones by allowing a broader range of housing types, as well as commercial uses in all residential areas. Some have expressed that the proposal does not go far enough, suggesting that TOD (Transit-Oriented Development) zones should be extended along the entire length of major arterial streets like Brighton and Forest Avenues. Conversely, there are significant concerns from other members of the public about increased density and building heights, with fears that these changes could undermine the character of single-family neighborhoods and drive families out of Portland. Additionally, concerns about parking have been raised, with some worried that increased density may exacerbate parking issues. Others have pointed to the existing conditions of major streets and intersections, which they believe are more car-oriented and not sufficiently supportive of pedestrians and cyclists and therefore expressed opposition to TOD zoning. Throughout the ReCode process, staff has aimed to balance these perspectives within the broader framework of Portland’s Plan, which serves as the guiding foundation for this work. 6 Page 8 Figure 4: City of Portland skyline from Back Cove (Source Corey Templeton) VI. VISION Throughout the ReCode process, many have asked, “What is the vision for ReCode?” ReCode builds upon the city’s adopted comprehensive plan, Portland’s Plan, which sets out the community’s vision as well as goals and objectives for the city’s growth in the coming years – all of which was informed by robust public engagement. At a more granular level, the vision for the regulatory aspect of ReCode is framed around livability, flexibility, and sustainability. ReCode does not set specific targets for housing units or job-related floor area nor does our land use code have control over external factors such as construction costs, interest rates, private property owner decisions, and building code requirements. Instead, it is intended to ensure that our land use code deliberately guides growth and development in a sustainable manner that is in harmony with the ecosystem, creating a built environment that supports livability for current and future generations and is not a barrier to smart growth. This framework encourages more efficient land use, linking densification to high-quality development and public transit. It also provides a structure for retrofitting the urban system to preserve the natural environment, minimize sprawl, and improve our water quality, while maintaining the flexibility to adapt to evolving industries, lifestyles, and societal needs, ensuring that municipal regulations support and guide, rather than hinder our society’s progress. VII. FINAL DRAFT CHANGES TO THE LAND USE CODE The final draft includes a number of important changes to all articles of the land use code and zoning map. A complete clean version of the land use code is included as Attachment A. A complete redline is included as Attachment B. The final draft zoning map can be found here. Key changes are outlined below in themes. 1. How does ReCode create more opportunities for housing? Like many communities throughout the United States, Portland is facing a severe housing shortage and affordability crisis, affecting both individuals and businesses across the city and region. This housing scarcity places a tremendous burden on our community. In 2017, Portland’s Plan outlined a vision: "all who work in Portland should have the option of living in Portland." To achieve this, the plan set a target of 2,557 new 7 Page 9 housing units by 2027, or 256 units per year, a growth target to capture 75% of the 2017 daytime population. Between 2017 and 2023, the city exceeded this target, averaging ±332 units annually, putting Portland on track to surpass its goal by more than 1,400 units by 2027. This is a significant accomplishment worth celebrating. However, the work doesn’t end there, as the housing crisis continues to evolve. In response to the national housing crisis, exacerbated by the COVID-19 pandemic, the State of Maine launched a Housing Production Needs Study in 2023. The study, conducted by MaineHousing, the Governor’s Office of Policy Innovation and the Future, and the Department of Economic and Community Development, concluded that Maine needs roughly 84,000 new homes by 2030 to meet current and future demands. The number of additional homes needed varies across Maine’s regions. Cumberland County, which encompasses Portland and the greater Portland area, is estimated to need 7,200 to 8,600 housing units by 2030. With the City Council’s December 2023 adoption of land use code changes to address LD 2003, allowing up to four units on every mainland residential lot, Portland now has the potential for 38,500 new dwelling units in existing, primarily off-peninsula residential zones (R-1, R-2, R-3, R-4, and R-5). While this figure far exceeds the target for the entire county, it is neither feasible nor desirable or sustainable to redevelop every lot in the city to this extent. The challenge lies in ensuring that growth occurs in a strategic manner that aligns with public investment, maximizes economic and social benefits, avoids urban sprawl, and respects the quality of life and character of neighborhoods, which have attracted so many individuals and families to Portland. ReCode is key to addressing this challenge. The proposal before the Council not only integrates the provisions of LD 2003 but also goes further by mapping over 1,200 acres of land for mixed-use development, designating 105 acres of land for transit-oriented development (TOD) zoning, and introducing more "missing middle" housing types in neighborhoods across Portland. ReCode reforms Portland’s housing regulations to support a wide range of housing options in every neighborhood, focusing on removing barriers and creating opportunities for growth that would enhance the city's economic vitality while balancing environmental and community needs, positioning Portland for a future of sustainable and inclusive growth. A summary of how ReCode will support housing development is outlined below: A. Creating new opportunities through our zone structure - ReCode proposes to consolidate existing low-density residential zones, making the existing R-1, R-2, and R-3 one zone, the RN-1 zone, with the R- Figure 5: Proposed residential zone conversions 3 uses and dimensional standards, which currently can be found in neighborhoods like East Deering, as its foundation. (See Article 5.) This change has the effect of immediately creating new opportunities for smaller lot residential within some of the city’s outer neighborhoods, and bringing many existing lots into conformance with minimum lot size standards, while still respecting the existing context. - ReCode maps Transit-Oriented Development (TOD) zones in seven key nodes and expands mixed-use zones in strategic locations throughout the city, primarily along public transit routes near nodes and corridors. 8 Page 10 - The final draft eliminates the Residential Professional (R-P) zone and replaces it with more permissive mixed-use B-1 or B-2/B-2b zones where appropriate. Similarly, ReCode proposes rezoning underutilized, poorly located legacy industrially zoned areas to more productive mixed-use or residential zones. B. Housing where no housing has gone before: Expanding residential uses - The draft expands the housing types within the code from the current single-family, two-family, and multi-family designations to include new “middle-density” options (three-family, four- family, and townhouse) that currently exist within the city’s housing stock but are not reflected as distinct uses within the existing code. (See Table 6-A.) These new categories add a way to define and articulate mid-density housing types, particularly in the context of residential zones. Permitted residential uses have been modified in residential zones in alignment with changes adopted by the City Council under LD 2003 in December of 2023 such that: o Single- to four-family uses would be permitted by right in the RN-1 to RN-4 zones (the existing R-1, R-2, R-2, R-4, R-5, and R-6). o Multi-family dwellings would be permitted conditionally as adaptive reuse in the RN-1 (R-1, R-2, and R-3) and RN-3 (R-5) zones, similar to the existing code, and multi-family would be permitted as of right in the RN-2 (R-4), RN-4 (R-6), RN-5 (R-5a/R-6a), and RN-6 (R-7). - ReCode continues to allow up to two Accessory Dwelling Units (ADUs) on all lawfully conforming and nonconforming lots with legal residential uses, with changes to dimensional standards to add flexibility for ADU creation. (See Section 6.6.2.) - ReCode newly introduces live/work dwellings in the I-L and I-Lb Low-Impact Industrial zones when combined with a commercial use that is used by one or more of the residents. (See Table 6-F.) A live/work dwelling may also include the combination of a dwelling unit with arts-related activities, such as painting, photography, sculpture, music, and film, used by one or more of the residents. - ReCode introduces single-family, two-family, three-family, four-family, townhouse, multi-family, and live/work dwellings as permitted uses in the B-4 zone, where residential uses are currently not allowed. (Table 6-C.) This change opens up large swaths of land currently not open to residential development. - In island residential zones, two-family is proposed as a permitted use. It should be noted that this use permission is a revision from the LD 2003 changes, which currently allows up to three dwelling units, in response to public input, which raised concerns about the capacity for growth within the island context, where utility capacity, transportation capacity, natural resource implications, and climate vulnerabilities are documented concerns. In Island Business (I-B) zones, up to four-family is proposed as permitted, with multi-family conditional as conversion of an existing structure. C. Tailoring the sweater: Changing dimensional standards to support housing creation - Residential zone dimensional standards have been revised to provide more flexibility. For instance, the draft reduces minimum lot size across the existing R-1, R-2, R-5, and R-6a zones, adjusts minimum lot area requirements for other dwelling types, including townhomes and multi-family dwellings where those are permitted, and simplifies setback controls, which governs the size of front, side, and rear yards for a property. In almost all residential zones, side setbacks have been reduced. (See Table 7-A. and Figure 6) 9 Page 11 Figure 6: Comparison of Minimum Lot Areas: Existing vs Proposed Zones Current Zones R-1 R-2 R-3 R-4 R-5 R-6 R-5a R-6a R-7 174,240 Minimum Lot Area 15,000 10,000 6,500 6,000 6,000 2,000 6,000 None (4-acres) ReCode Proposed Zones RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 Minimum Lot Area 6,500 6,000 5,000 2,000 40,000 None - ReCode introduces alternative residential development options, like cottage courts, that can be used within certain zones (See Section 7.4). These are intended to replace the current PRUD development typologies and would result in projects that allow denser, more concentrated development that is more integrated into the surrounding neighborhood context. - Dimensional standards within the island zones have been modified to more closely reflect the character of Portland’s islands, and to provide some key new opportunities in certain zones. (See Table 7-B.) For instance, the IR-2 zone now provides flexibility for “small island lots” on Peaks Island, establishing modified dimensional standards for areas of Peaks Island that were originally developed with smaller lots. - In mixed-use zones, residential density standards have been entirely eliminated to encourage residential development in these areas appropriate for higher density growth near public transit (See Table 7-C and Figure 7). Under ReCode, build-to zone requirements would be applicable in all mixed-use zones, and setbacks have been adjusted to allow for greater flexibility in situations where these areas do not abut existing residential zones. Figure 7: Comparison of Minimum Lot Area Per Dwelling Unit (Density): Existing vs Proposed Zones Current Zones B-1/B-1b B-2/B-2b/B-2c B-3/B-3b/B-3c B-4 B-5/B-5b B-6 B-7 On-peninsula: On-peninsula: N/A Minimum Lot Area 435 SF 435 SF (residential None None None None Per Dwelling Unit Off-Peninsula: Off-Peninsula: not 1,000 SF 1,000 SF permitted) ReCode Proposed B-1 B-2/B-2b B-3 B-4 B-5 B-6 Zones Minimum Lot Area Zone None None None None None None Per Dwelling Unit eliminated - Heights have also been increased in mixed-use zones to correspond with the new flexibilities for residential development and to allow for greater opportunity of mixed-use buildings along key corridors and at central nodes, particularly in and around downtown. (See Figure 8.) To correspond with a new approach to height within downtown, the drafts also include a set of “tower standards” that apply to those buildings built as towers. (See Section 7.5.3.) Tower regulations would require taller buildings exceeding 125 feet in height to have slimmer designs, reducing the impact on shadows and preserving views, while still accommodating growth demands. Additionally, projects in mixed-use zones and TOD zones that include 75% or more low-income or workforce residential units on-site in a project may qualify for a 10-foot height bonus above the maximum base height. (See Section 17.2.2(D) and Figure 8.) 10 Page 12 Figure 8: Comparison of Height in Mixed-Use Zones: Existing vs Proposed Zones Current Zones B-1/B-1b B-2/B-2b/B-2c B-3/B-3b/B-3c B-4 B-5/B-5b B-6 B-7 On-peninsula: On-peninsula: 45 65 ft. or see See Bayside Maximum 45 ft. ft., except 50 ft. if See Downtown B-5 Height 65 ft. 65 ft. Height Height Off-Peninsula: first floor is in Height Map Overlay Overlay Map 25 ft. commercial use Map ReCode B-1 B-2/B-2b B-3 B-4 B-5 B-6 B-7 Proposed Zones See City of See City of Maximum Zone 55 ft. 75 ft. Portland Height 65 ft. 75 ft. Portland Height eliminated Map Height Map Base Height w/ City of 10 ft Affordable City of Portland Zone 65 ft. 85 ft. 75 ft. 85 ft. Portland Housing Height Height Map eliminated Height Map Bonus - Under the current code, to encourage low-income or workforce housing units, eligible projects in areas where residential use is allowed as a conditional or permitted use on the mainland may receive a density bonus ranging from 1.1 times the base for projects that provide 10-19% of units as low-income or workforce residential units to 2.5 times the base for projects that provide 50% or more low-income or workforce residential units (See Table 17-B.). As a result of the land use code amendments adopted by the City Council as part of LD 2003, four units are allowed on all mainland lots with the ability for additional ‘bonus’ units in any project on the mainland where over 50% of the units are affordable (example: 4 units x 2.5 density bonus = 10 units). - Standards for the TOD zones have been developed to encourage an intensity of development appropriate for key nodes both on and off-peninsula, with minimal setbacks and permission for heights up to 85 feet in the TOD-1, or 125 feet in the TOD-2 zone (See Table 7-D). Similar to other mixed-use zones, TOD zones would not have a minimum lot area per dwelling unit requirement, incentivizing more residential development in optimal locations with excellent access to public transit. D. Affordable housing doesn’t have to be complicated: Simplifying incentives and requirements - The final draft consolidates all incentives for affordable housing in one section of the ordinance, updates density bonuses to align with state requirements, and modifies incentives to address concerns about height in the context of greater heights in mixed-use zones city- wide. (See Section 17.2.2.) The final drafts also clarify how incentives and requirements relate. - ReCode also simplifies the review process for inclusionary zoning projects by eliminating the conditional use requirement currently in place, clarify interpretation in cases of phased projects, strengthen requirements for the integration of units and bedroom counts, support long-term monitoring, and clarify the applicability of affordable housing bonuses. (See Section 17.2.3.) E. Faster sometimes is better: Streamlining the development review process - ReCode proposes to streamline the site plan review process for small and mid-density housing projects by making one- to four-family projects administrative (rather than Planning Board) 11 Page 13 reviews. (See Table 13-A.) This change aligns with the treatment of single- to four-family uses within Article 6 of the ReCode draft. Today’s code requires any project that creates three or more new units to undergo a major site plan review, which necessitates Planning Board approval; after ReCode this would no longer be the case. - The final draft also eliminates site plan review when changing from any non-residential use to residential use to support the conversion of offices and other non-residential buildings to become much needed homes, regardless of total number of residential units. - Under ReCode, the code continues to consider vacant nonconforming lots held under separate ownership as buildable lots, provided all provisions of the Land Use Code except minimum lot area and minimum street frontage can be met. However, given proposed reductions in minimum lot size, which will render many more lots conforming, and based on generally held land use principles, language has been revised to prohibit the division of nonconforming lots held in common ownership unless such division will result in conformity. Figure 9: Mixed-use examples in Portland (Source - Corey Templeton) 2. What is the ReCode Complete Neighborhoods strategy? Portland’s Plan defines complete neighborhoods as places where "all residents, regardless of age, ability, or income, have access to the basic necessities of daily life—high-quality and affordable housing, schools and other civic functions, food, open space, and other amenities and services—within a walkable, bikeable distance.” ReCode’s approach is grounded in the belief that complete neighborhoods can be achieved by guiding the growth of new commercial uses to leverage existing infrastructure, rather than allowing scattered commercial development, which could result in creating greater vacancy rates and quality of life issues such as parking, trash, odor, and noise. The proposed changes aim to create opportunities for neighborhood-scale businesses and services in and around residential zones by expanding mixed-use zoning in appropriate locations and adjusting use permissions. A. Let’s meet for coffee - A center for every neighborhood: Expanding mixed-use zones ReCode proposes to map over 1,200 acres of land with more mixed-use zones, including B-1 zones where there are existing (often nonconforming) non-residential uses, or in locations that could facilitate more mixed-use buildings at corners, intersections, or along corridors. B-1 zones are proposed for expansion in the West End, Libbytown, Munjoy Hill, Parkside, Riverton, North Deering, and East Deering neighborhoods. Additionally, B-5 zoning has been extended in East Bayside and B- 2b zoning expanded in Parkside, East Bayside, Munjoy Hill, and North Deering. The R-P 12 Page 14 (Residential Professional) zone has been eliminated in the final draft, and all R-P areas have been converted to mixed-use B-1 or B-2/B-2b zones, opening up more opportunities for mixed-use development with higher residential density in appropriate off-peninsula areas. (Figure 10) Figure 10: Existing R-P zoning (Left), Proposed ReCode Conversion to B-2 zone (Right) | Forest Avenue B. The old neighborhood corner store: Adding new commercial uses in residential zones ReCode introduces new uses in residential zones, including neighborhood non-residential reuse, which would be conditionally allowed across all residential areas. This use would allow for the reactivation of existing non-residential spaces, converting them into uses such as small offices, services, retail, restaurants, specialty food services, and studios for artists and craftspeople. Additionally, market gardens would be a new use permitted as a conditional use in every residential zone, supporting small-scale cultivation and production of fruits, vegetables, and flowers, along with associated farm stands. (See Section 6.4.25.) Figure 11: Former florist shop & greenhouse on residential block, Deering Center ReCode would also allow child care facilities in all mixed-use, TOD, residential, island, office, and light industrial zones. The use standards for childcare facilities specify regulations related to outdoor play areas, solid waste storage, and minimum lot size for child care centers. (See Section 6.4.9.) Additionally, family childcare providers are allowed to care for up to 12 children as a home occupation. Childcare facilities are only prohibited in the High Impact Industrial and Airport zones. 13 Page 15 C. Who says you can’t work from home? Home occupations ReCode makes updates to home occupation regulations so they better align with today’s work- from-home environment, while maintaining performance standards to minimize external impacts on neighborhoods and residents. (See Section 6.6.2(E).) Key changes include increasing the number of nonresident employees allowed from one to two and removing specific permitted use lists in favor of permitting businesses that meet the established performance standards. 3. How is ReCode supporting Transit-Oriented Development (TOD)? As described above, creating complete neighborhoods is a cornerstone of Portland’s Plan. This vision aligns with and complements the concept of transit-oriented development (TOD) that clusters these neighborhood features around public transit to improve accessibility between where people live, work, and recreate. Figure 12: Allen’s Corner current condition (left) | Example of mixed-use TOD style development (right) Figure 12: Identified Priority Transit Centers (Transit Tomorrow) (Left) | Portland's Plan 2030 Nodes & Corridors Map (Right) 14 Page 16 In TOD areas, compact development creates shorter distances between locations; pedestrian-oriented streets make walking more inviting; and connections to bus routes, rail lines, bike networks, and other mobility options make it easy to access other parts of a city. These key features help to decrease the dependence on cars, and lower the demand for parking, which in turn enable more compact development patterns that can support less compact, lower-density residential neighborhoods nearby. A higher density of people, jobs, and amenities clustered together helps to supply the ridership needed for a more robust transit service. In other words, the transit networks and compact development mutually support each other in a way that uses land and resources more efficiently, reduces greenhouse gas emissions, and creates vibrant and livable neighborhoods that can become town centers for lower-density off-peninsula residential neighborhoods. A. Supporting the future of transit: Creating the TOD zones To support the concept of TODs, a key recommendation of One Climate Future and Connect 2045, the region’s long-range transportation plan, ReCode introduces two new TOD zones with dimensional standards and use permissions designed to accommodate high-quality transit. TOD-1 encourages the development of moderate- to high-intensity, mixed-use, compact urban neighborhoods that support Portland’s investment in high-frequency transit infrastructure generally suitable for targeted off-peninsula areas, with a maximum building height of 85 feet. TOD- 2 promotes high-intensity, mixed-use, compact urban development, fostering vibrant, accessible, 24-hour neighborhoods in suitable on-peninsula locations with existing or potential for robust public transit. Figure 13: Areas where TOD zones are proposed to be mapped B. Placing TOD where it matters: Mapping the TOD zones Over the course of the public review, there have been numerous comments advocating for the expansion and mapping of more TOD zones throughout the city and for the mapping of the TOD-2 zone. Planning Board members also expressed support for expanding TOD zones in appropriate locations and provided input on areas that should be considered. There have also been several 15 Page 17 public comments expressing concern about introducing TOD zones in off-peninsula neighborhoods. Originally, TOD-1 zones were proposed in two areas, the Libbytown area near Union Station Plaza/Maine Medical Center and for outer Brighton Avenue near the Westbrook border. Based on additional analysis, public comment and Planning Board feedback, the final draft zoning map shows expanded TOD zoning on key parcels and nodes (105 total acres) among seven areas that could accommodate more height and density to support the growth of town centers built around key transit routes. TOD zone mapping was informed by several studies and policy documents including the future land use framework from Portland’s Plan 2030, One Climate Future, Portland-South Portland Smart Corridor Plan, Connect 2045, Transit Tomorrow, and the Gorham-Westbrook- Portland Rapid Transit Study, which has identified the Brighton Avenue corridor as a future bus rapid transit alignment, as well as ongoing discussions about the future location of the Downeaster (NNEPRA) train station. Strengthening the city’s transit-oriented development nodes to support travel by walking, biking, and public transportation is a direct recommendation of One Climate Future. (Figure 13) TOD-2 and TOD-1 zones are proposed in the Union Station Plaza/Maine Med area. TOD-2 was mapped in this area alone due to its existing urban context, access to existing public transit routes, and the potential for the new Downeaster train station and bus rapid transit route to operate nearby. Furthermore, this area is near significant job generators including Maine Medical Center and Northern Light Mercy Hospital, and provides easy access to the rest of the peninsula, Portland’s extensive trail networks, and dense urban neighborhoods. TOD zones are also proposed on key parcels off-peninsula that could accommodate more height and density, with TOD-1 zones proposed for portions of Washington/Veranda, Allen’s Corner, Morrill’s Corner, Woodford’s Corner, outer Brighton Avenue, and USM/Forest Avenue. 4. How does ReCode address sustainability? Sustainability is a foundational element throughout the entire land use code. One of the most impactful tools available to a community is concentrating density in appropriate locations. While this is a key strategy, ReCode also includes several other changes directly related to supporting our environmental goals. A. Advancing core environmental regulation: Updating the shoreland zoning ReCode proposes updates to our shoreland zoning, a zoning overlay that helps to protect the City's valuable water resources. (See Article 11.) Shoreland zoning is required by the State of Maine, and adds special requirements around the placement of structures in relation to the shore, the clearing of vegetation, and planting, for instance. The changes proposed in the shoreland zone are designed to maintain consistency with state rules in Chapter 1000, and include revisions to integrate resource protection and stream protection regulations into the shoreland zone, update standards for piers and docks, shoreline stabilization, clearing of vegetation, roads, and driveways, and consolidate nonconformity language. The revisions have been reviewed by the State of Maine Department of Environmental Protection. B. A stormy future: Zoning for climate resilience ReCode includes a number of provisions designed to integrate climate resilience within the city’s land use regulations. Most notably, ReCode proposes a new overlay zone, the Coastal Flood Resilience Overlay Zone, to respond to vulnerabilities anticipated with a future of sea level rise and 16 Page 18 increased flooding (See Section 8.1). The Coastal Flood Resilience Overlay Zone would extend beyond the reach of the City's existing floodplain regulations, and would require the elevation of certain critical uses, including residential, medial, schools, and child care, to ensure that they are located above the level of predicted future flood waters. C. Wait! The City actually reviews for that? Environment-related site plan standards A little-known fact is that the City’s site plan and subdivision ordinances require review and consideration of several environmental and life safety factors. ReCode’s climate-related revisions build upon the city’s existing regulations by including changes to the city’s site plan standards to integrate low-impact development principles, tie landscaping and hardscaping standards more directly to heat island impacts, and establish standards for cool roofs. (See Section 13.6.4(A)3.) Additionally, Section 13.6.2(A) of the city's site plan standards requires the preservation of significant natural features and 13.6.2(C) governs water quality, stormwater management, and erosion control. Section 13.6.3(B) addresses public safety and fire prevention regulations, ensuring that new projects provide adequate emergency access. Each development must also obtain an 'ability to serve' letter from utility providers, including Central Maine Power and the Portland Water District, demonstrating there is capacity to serve the new project, as part of the approval process to ensure projects do not overburden sanitary sewers, stormdrains, etc. Moreover, Article 15 governs impact fees, which are charged to new developments and changes of use. These fees contribute to parks & recreation, transportation, and wastewater infrastructure, helping to offset potential impacts from new projects. Figure 14: Micucci Wholesale (left) Allagash Brewery (right) 5. ReCode and our industrial zones With the exception of the mixed-use B-4 zone, ReCode does not suggest opening zones which have historically not allowed housing, such as the industrial zones, to residential uses. This approach is informed by both the policy of Portland’s Plan, which supports a diverse economy including an industrial base, but also data which shows an erosion in Portland’s industrial land area over the past 10 years (the loss of more than 90 acres) and strong demand for industrial space within the Portland market; according to the Dunham Group’s 2024 Southern Maine Industrial Market Survey, Portland has a remarkably low 0.6% industrial vacancy rate, while the region has a vacancy rate of 1.4% overall (Figure 15). The report goes on to state: “In simple terms, the lack of industrial supply in Southern Maine is detrimental to our economy.” 17 Page 19 For this reason, aside from several selective map changes to transition undeveloped industrial areas located in areas less appropriate for industrial uses to more permissive zoning, ReCode generally proposes to retain industrial zoning in areas that can support and grow industrial/manufacturing and other job-generating uses. Many of these industrial areas have remained decidedly industrial. This has occurred in smaller pockets of the city not as accessible by public transit, farther from services and amenities, and closer to Greater Portland Industrial Market Vacancy Rates 9 8 8.2 7 6 5.5 5.27 5 5.0 4.12 4.1 4 3.9 3.47 3 2.60 3.38 2 2.6 2.32 2.44 2 1.25 1.4 1.84 1.77 1 1.6 1.69 1.1 0.66 0 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Portland Region Figure 15: 2024 Southern Maine Industrial Market Survey | Dunham Group major transportation routes, including Riverside Street, Presumpscot Street, St. James Street, and the south end of St. John Street. Retaining areas of the city for businesses in the industrial sector, particularly those that rely on intensive trucking and loading operations, is important for the city’s and region’s overall economy. These businesses depend on limited siting options that have relatively easy access to transportation hubs such as I-95, I-295, railroads, the waterfront, and Jetport. Furthermore, these businesses rely on sites that are farther from residential neighborhoods, where there is less competition for land from other high-value uses, such as residential, where tenants are also more sensitive to noise, odors, and other impacts of industrial activities and environmental justice concerns. Furthermore, industrial/manufacturing businesses generally require larger lots and blocks to accommodate large, flexible ground floor space for production, equipment, loading, storage, and wide column spacing as well as parking and truck maneuverability. Large lots to accommodate such uses are limited in Portland particularly on- peninsula or established developed areas off-peninsula. As Portland continues to grow and densify there are few remaining areas of the city that can accommodate the types of businesses that help keep the city running, such as manufacturing, wholesalers, landscape/tree companies, construction supply companies, roofing, processing waste, warehousing, breweries, recycling companies, tow truck companies, last mile delivery services, food production, biotech firms, and many more. This approach is supported by The Maine 2020-2029 Economic Development Strategy: The 2024 Reset, which was released in March 2024. The report outlines several strategies to bolster Maine’s economy, including leveraging the state’s heritage industries, such as forestry, farming, and fishing to 18 Page 20 generate global products and practices driven by new technologies, AI, and data science. It also emphasizes potential growth in high-growth sectors like aerospace, AI, bio-based alternatives, and renewable energy while capitalizing on the “Made in Maine” brand. The ReCode strategy to retain and encourage industrial growth aligns and complements state goals and Portland’s vibrant, diverse economy. This includes the city’s legacy working waterfront and fishing industries, as well as its institutions of higher education (Roux Institute, Maine College of Art & Design, University of Southern Maine, University of New England, Maine Law), bio-based industries, healthcare sector (MaineHealth, Northern Light Mercy), and dynamic creative arts and food sciences. Figure 16: Richard Waltz Heating & Plumbing (left), Cozy Harbor Seafood (right) Figure 17: Riverside Recycling Center Complex 6. What is the ReCode strategy for parking? Off-street parking and loading requirements are established through the City's land use code. In response to policy guidance that promotes multi-modal transportation and minimizing the city's reliance on single- occupancy vehicles, the City's off-street parking and loading requirements have historically allowed significant flexibility. The changes proposed to this article through ReCode take this approach one step further. The final draft establishes new vehicle parking maximums, meaning an upper limit on the amount of off-street parking that may be constructed on a site. (See Article 18.) This change is meant to reduce construction costs, free up valuable real estate that may be used for other purposes, and help to encourage a move away from single-occupancy vehicles. In TOD zones, parking maximums are proposed to be lower 19 Page 21 than in other zones. The draft also expands minimum bicycle parking requirements. 7. How is ReCode handling historic preservation? Portland’s Plan 2030 emphasizes the critical value of historic preservation, recognizing the significant role that the city’s historic buildings, streetscapes, neighborhoods, and parks play in establishing its unique and authentic sense of place. Portland’s Plan highlights preservation not only as a means to showcase the city’s rich history but also as a key driver of economic development, sustainability, and community development. It also recognizes the importance of ensuring an appropriate balance of continuity and change as Portland grows and evolves. ReCode has focused on maintaining and clarifying the core functions of the historic preservation ordinance while making the article easier for all users to understand. A. Back to the future: Streamlining the historic preservation ordinance The final draft of Article 16 streamlines the purpose statement of the historic preservation ordinance to more discretely address the purpose of the article (as distinct from the purpose of the City’s historic preservation program more broadly). B. What makes it historic?: Clarifying the designation process ReCode clarifies the types of historic designations (landmarks, historic districts, and historic landscape districts) and clarifies the basis for determining "contributing" classifications within designations. The draft also clarifies the steps for initiating a historic designation, the process for moving a historic designation through review, and the criteria for designation, as well as amendments. The final draft also removes the automatic designation for properties listed on the National Register of Historic Places. C. Now that it’s designated, what do I do?: Clarifying the review process The draft establishes clear thresholds for administrative and Historic Preservation Board review of projects, adds exemptions for specific projects that otherwise receive City review (often with historic preservation staff consultation) and/or advance other City goals, updates procedural language to match current practice, and extends the duration of approvals to three years to provide greater flexibility for applicants. The draft also eliminates the requirement for sites outside of historic districts but within 100 feet of a historic district or landmark to undergo advisory historic preservation review. On August 8, 2024, the Historic Preservation Board held a public hearing to vote on forwarding a recommendation to the Planning Board regarding final draft edits to the historic preservation ordinance, and related edits to Administration (Article 2) and Definitions (Article 3). This recommendation followed two workshops during which public comments were taken, as well as a review by the Maine Historic Preservation Commission (MHPC). The Historic Preservation Board recommendation letter can be found in Attachment I. During the course of their review, Historic Preservation Board members were generally supportive of the proposed changes and strongly encouraged staff to ensure that Certified Local Government (CLG) status be maintained. Among various topics of discussion, some members expressed a desire to limit the Board’s role in reviewing building massing and height, suggesting that those reviews be handled outside of the Historic Preservation Board. Other Board members expressed opposition to this suggestion and felt that it was a critical component of their review criteria. Additionally, some members suggested giving the Board authority to waive dimensional requirements or to direct applicants to the Zoning Board of Appeals (ZBA) for projects that might benefit from dimensional relief. 20 Page 22 While staff appreciated the suggestion, they noted that individual Board members could attend ZBA meetings to share their perspectives on an individual project. Granting the Historic Preservation Board authority to direct applicants to the ZBA would add time and regulatory burden to the development review process. Additionally, staff felt it would be inappropriate to grant this authority, as the Board’s scope is limited to projects within historic districts or designated landmarks. If waivers or dimensional relief are needed, the Planning Board or ZBA, with their broader citywide oversight, would be better suited to review such requests. Moreover, the adjusted dimensional standards proposed in ReCode, such as reduced lot sizes, setback requirements, and increased heights—are designed to minimize the need for dimensional relief. If specific issues arise and the Department observes multiple projects encountering similar challenges, there will be opportunities to analyze these projects and revisit the standards in the future. VIII. NEXT STEPS The Planning Board is scheduled to hold a public hearing on Tuesday, October 8, during which they will vote and make a recommendation to the City Council. The City Council’s first reading will take place on October 21, followed by a second workshop on October 28, 2024. The City Council’s public hearing is scheduled and has been noticed for November 4, 2024. IX. ATTACHMENTS A. Final Draft City of Portland Land Use Code B. Final Draft City of Portland Land Use Code – Redline C. Final Draft Zoning Map – Link Here D. Summary of changes by Article E. ReCode first wave public comments + city responses F. ReCode second wave public comments + city responses G. ReCode studio summary H. ReCode General Public Comment I. Historic Preservation Board Recommendation Letter J. Portland Housing Supply Bootcamp 3.14.23 K. ReCode Island Zoning Questionnaire Findings L. ReCode open house summary M. ReCode Myth vs Fact Sheet X. LINKS TO ADDITIONAL PUBLIC ENGAGEMENT RESOURCES i. Code Evaluation Public Forum Summary ii. Code Evaluation Survey Findings iii. Code Evaluation Online Comment Summary 21 Page 23 PLANNING BOARD REPORT TO CITY COUNCIL PORTLAND, ME ReCode Land Use Code Text Amendments, Zoning Map Amendments, & Conditional Rezoning Amendment City of Portland, Applicant Submitted to: Mayor Dion & City Councilors Prepared by: Council Public Hearing: November 4, 2024 Kevin Kraft, Director Council 1st Read: October 21, 2024 Nell Donaldson, Director of Special Projects Date Prepared: 10/16/2024 I. INTRODUCTION On October 8, 2024, the Planning Board voted unanimously (7-0) to recommend the work products of Phase II of ReCode, the city’s initiative to comprehensively rewrite the City of Portland land use code and amend the zoning map. This recommendation also includes a minor amendment to the existing conditional rezoning agreement for properties in the vicinity of Diamond Cove and Great Diamond Island. The Planning Board found the amendments to be consistent with the City of Portland’s comprehensive plan. The Board recommends these proposals to the City Council for their adoption without amendments. The Council review of ReCode Phase II follows five Planning Board workshops and one public hearing where the Planning Board considered these draft products of ReCode Phase II, reviewed revisions to previously- presented materials, and heard public comment. II. WHY RECODE? In 2017, the City Council adopted Portland’s Plan 2030, the comprehensive plan for the City of Portland. Portland’s Plan was developed with the input of thousands of Portland residents, workers, students, and visitors, and includes a series of policy guides related to key topic areas, from transportation to housing, public facilities, historic resources, waterfront, open space, and the economy (Figure 1). One of the first recommendations of Portland’s Plan was to “create a new unified development code, that incorporates zoning, the historic preservation ordinance, housing policies, and other aspects of the development review process into a more readable and useful document” (p. 90). At the time, the land use code and zoning map were Figure 1: Visualizing Portland's Plan 1 Page 24 the products of land use policy which had been adopted and amended by the City Council over many years. Much of the policy within the code reflected current best practice; however, the code had not been reworked holistically in half a century. It had ballooned to nearly 1,000 pages, contained significant redundancies, and could be difficult to navigate. In its recommendation, Portland’s Plan recognized that the City needed to revise the land use code on a functional level to improve legibility, clarity, and consistency. Simultaneously, the recommendation also reflected a deeper understanding that fundamentally, as one of the principal tools for implementation of Portland’s Plan, the land use code would need to be updated to align with the city’s new vision and goals. This imperative reflects state statute; in Maine, 30-A MRS Section 4352(2) which requires explicitly that a “zoning ordinance must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body.” III. APPROACH While Portland’s Plan recommends the creation of a new land use code, it provided no road map for completing such a project. For other communities rewriting their codes, this process is often lengthy, as well as costly. (Somerville’s was a seven-year process, Boise’s took four years, Atlanta’s has been underway since 2015.) Recognizing that the ReCode initiative would inevitably span multiple years, from the start the effort was split into two distinct phases. 1. ReCode Phase I Phase I of the ReCode process was organized around reformatting, restructuring, and streamlining the code into a simpler, more user-friendly document, one that would serve as a clean framework for incorporating new policies in the future. Phase I also included some policy work where it intersected with the restructuring objective, including updates to the City’s off-street parking standards and accessory dwelling unit (ADU) regulations. After a long review period, including numerous Planning Board workshops, Council workshops, and months in which portions of the draft code were open for public comment, the City Council adopted the revised land use code under Phase I of ReCode in November of 2020. Staff and the public have worked with the revised code ever since. 2. ReCode Phase II Where Phase I of ReCode emphasized structural changes to the code, Phase II is focused on the policy- oriented work of rewriting the code to better align with the vision of Portland’s Plan. For instance, Portland’s Plan foregrounds sustainability, equity, and housing, among other goals; Phase II is designed to produce land use code and zoning map amendments that directly address these issues. IV. PHASE II PROCESS Phase II began almost immediately after the conclusion of Phase I with the release of an RFP for consultant services. In spring of 2021, Camiros, a firm with national experience in writing and updating land use codes, was hired to support the ReCode Phase II effort. Camiros’s scope includes two major elements, an evaluation of the existing land use code and the drafting and review of code and zoning map amendments (Figure 2). Camiros has also been integrally involved in the public engagement around ReCode Phase II. 1. Land Use Code Evaluation A land use code evaluation was released in December 2021 as the first work product of Phase II. The land use code evaluation analyzed the existing land use code with respect to the goals from Portland’s Plan, responding to the six themes of the Portland’s Plan vision, and made a series of recommendations related to basic use regulations, dimensional standards, and the City’s existing zones. The evaluation also included 2 Page 25 Figure 2: ReCode Phase II Process structural recommendations that continue the organizational work of Phase I. Altogether, the code evaluation provided the City with a road map of possible strategies for revising the land use code to ensure consistency with the goals of Portland’s Plan. 2. Drafting & Review The drafting process began in mid-2022, with a focus on the core zoning elements of the land use code – Definitions, Zones, Use Standards, and Dimensional Standards - which are fundamentally related and lay the foundation for much of the rest of the code. Drafts of these articles were developed based on internal analysis, the code evaluation, best practice and research, and public input. In late June of 2023, the City released the “first wave” of draft changes to the land use code under ReCode Phase II. After the close of the first wave public comment period in the fall of 2023, the process of reviewing input, revising the first four core articles, and developing draft amendments to the remainder of the land use code and the zoning map began. The resulting “second wave” changes, including edits to the entire land use code and zoning map, were released in April of 2024. Beginning in the late summer, staff began the process of reviewing public feedback in preparation for the final round of revisions to the land use code and zoning map. As a product of this work, a final draft of the land use code and zoning map was released in early September. Simultaneously, the Historic Preservation Board completed their review of proposed changes to the Historic Preservation ordinance, incorporating input from the public and the Maine Historic Preservation Commission. Staff conducted internal reviews with Permitting & Inspections, Housing & Economic Development, and Corporation Counsel on the drafts, as well with the Maine Department of Environmental Protection regarding shoreland-related edits. 3 Page 26 3. Public Involvement ReCode builds off the work of Portland’s Plan, which engaged approximately 3,000 Portland residents and business owners in visioning and goal-setting exercises which directly relate to policy within the land use code. Expanding on the success of the outreach under Portland’s Plan, staff has made engagement a core component of ReCode. Public engagement has included: - Community Conversations: Staff initiated ReCode with a set of Community Conversations in the fall of 2017 and spring of 2018, introducing the ReCode process to neighborhoods and leading attendees in a neighborhood-based analysis of strengths, weaknesses, opportunities, and threats (Figure 3). These Community Conversations, ultimately held with fifteen neighborhood associations, resulted in valuable information about the ways that neighborhoods perceive their physical space, their concerns, and their goals. - www.recodeportland.me: Starting in 2018, staff also built out the ReCode website. This website has served as a source for information on ReCode for the entire span of the project, providing background information on Portland’s Plan, summaries of findings from public engagement, and drafts for public review. Since its inception, the website has drawn over 31,000 unique visitors, with over 9,000 of these visitors in 2024. - Interviews. In the spring of 2021, interviews were conducted with 15 individuals representing a diverse array of perspectives on issues relevant to ReCode, ranging from those in the development community to affordable housing advocates, neighborhood residents, and representatives of civic and cultural organizations. These stakeholder interviews provided a snapshot of some of the challenges and opportunities related to using the code in practice in Portland today. - Code evaluation questionnaires, public forums, and online commenting. The City conducted significant public engagement around the code evaluation, including a city-wide questionnaire, an island questionnaire, a series of public forums, and an online document comment portal. Almost 200 residents responded to the city-wide questionnaire, over 600 responded to the island questionnaire, 130 members of the public participated in the public forums, and the City received over 300 written comments from 32 commenters on the land use code evaluation document comment portal. Findings of the code evaluation public engagement are summarized here. Figure 3: North Deering Community Conversation SWOT Analysis 4 Page 27 - “First wave” videos, zone guides, public forums, and online commenting. A series of four videos, a podcast, and numerous supplementary materials including “zone guides” were released along with the first wave of draft changes to help the public understand the changes. In addition, the City hosted three in-person and one virtual open house to gather feedback from the public, and also welcomed input through email, form submission, and an online document comment portal. Altogether, over 100 people attended the forums and the City received almost 400 written comments from 88 commenters on the first wave changes. Summaries of feedback on the first wave changes can be found on the ReCode website here. - “Second wave” zone guides, ReCode Studio, and online commenting. The release of the second wave of edits was also accompanied by an updated set of zone and article guides which provided a simple way to engage with the draft land use code and zoning map. In-person public engagement centered on the ReCode Studio, a two-day, in-person gallery-style drop-in event where the public could engage with ReCode materials in visual form, view a short film, explore the zoning map, and provide comments and markups on drafts. Members of the public could also explore the second wave draft code and map online and provide comments through an online commenting platform. Altogether, over 200 members of the public visited the in-person ReCode Studio and the City received almost 900 written comments from over 200 individual commenters on various aspects of the drafts via email, form submissions, the online document commenting platform Konveio, and the GIS-based map commenting platform on the ReCode website. Feedback is summarized on the ReCode website here. - Promotion through podcasts, news, social media, email. Each release of new materials for Recode, including the code evaluation and drafts of the land use code and zoning map, has been broadly publicized through the ReCode email list, the City’s mailing lists, and social media. Staff has appeared at conferences, at neighborhood association meetings, at interest group meetings, on GPCOG’s Let’s Connect podcast, and stories have been published in the Portland Press Herald. Translation services have been offered as a component of Recode newsblasts. - Direct meetings with community organizations. Since the beginning of ReCode, staff has met with community and stakeholder groups upon request. These have included meetings with neighborhood associations, Portland Society of Architects (PSA), Maine Conservation Voters, Leadership Portland, Greater Portland Landmarks, the Peaks Island Council, the Chamber of Commerce, Portland Downtown, Portland Public Schools, Greater Portland METRO, Greater Portland Council of Governments, the Portland Housing Authority, and many others. - Historic Preservation Board engagement. The public process has also featured two workshops with the Historic Preservation Board and one public hearing. Each of these meetings has provided an opportunity for public comment. - Council engagement. Last, staff has engaged with the City Council at various points in the Phase II process, providing another opportunity for the public to participate in ReCode. These have included: o October 2021: A workshop with the Housing & Economic Development Committee on Housing and ReCode o December 2021: An update to the full City Council via communication o February 2022: A workshop with the full City Council on the Land Use Code Evaluation o September 2022: An update to the full City Council via communication o November 2022: A workshop with the full City Council on ReCode concepts 5 Page 28 o March 2024: A workshop with the Sustainability & Transportation Committee on climate resilience zoning through ReCode o September 2024: A workshop with the full City Council on the final ReCode draft o October 2024: A second workshop with the full City Council on the final ReCode draft V. SUMMARY OF PUBLIC COMMENT THEMES The ReCode process has resulted in a wide range of feedback. For the Board’s review, individual comments received via email and form submission have been compiled and included as Attachment 5. Comments on the first wave of draft changes proposed under ReCode, along with responses, are included as Attachment 6, and comments and responses on the second wave are included as Attachment 7. Summaries of input on the land use code evaluation can be found here, findings of feedback on the first wave of draft changes can be found here, and summaries on the second wave can be found here. The public feedback on ReCode reflects a range of perspectives (Figure 4). Throughout the process, many community members have advocated for changes to support more housing development across the City’s lower-density residential zones, as well as broad-ranging commercial and mixed-use opportunities, including within existing residential and industrial areas. Some have suggested that TOD (Transit-Oriented Development) zones should be extended along the entire length of major arterial streets like Brighton and Forest Avenues. Others have expressed support for mapping TOD zones in areas near key intersections. Commenters have also encouraged greater building heights, particularly where transit service can be found. Conversely, there are significant concerns from other members of the public about increased density and building heights, particularly off-peninsula, with fears that these changes could alter the character of lower- scale residential neighborhoods and drive families out of Portland. Concerns about parking have been raised, with some worried that increased density may create parking issues. Others have pointed to the existing conditions of major streets and intersections, which they believe are more car-oriented and not sufficiently supportive of pedestrians and cyclists, and expressed opposition to TOD zoning. Many “I’m supportive of drastically “We need more increasing TOD zones to the “No outside gardens should be local gas entirety of the major arterial allowed. We all know they stations and streets like Brighton and Forest. attract critters and rats. They convenient The current proposal does not go should only be permitted within a parking lots.” far enough to increase density of structure. Enough said.” areas that will have better bus transit. TOD zones should be entire streets, not just individual parcels.” “Our housing capacity is maxed out and cramming more housing in small places is going to ruin the quality of life for us and is not going to provide “affordable housing”. It will also put too much stress on the school system, as well “Allowing density by right near public as the infrastructure – especially the sewer system. The transportation, public parks, schools, proposed setbacks and height of buildings allowed will etc. is the best way to ensure make this look like New York City without enough sun in equitable access to Portland’s our yards to grow a garden. And where will everyone resources.” park?” Figure 4: Sample of ReCode comments 6 Page 29 Figure 5: ReCode Planning Board process commenters, particularly from off-peninsula neighborhoods, have expressed concerns with allowing more residential units on smaller lots. Throughout the ReCode process, staff has aimed to balance these perspectives within the broader framework of Portland’s Plan. VI. PLANNING BOARD REVIEW The Planning Board met six times over the course of the ReCode Phase II process, reviewing all major work products. In January of 2022, the Board held its first full workshop on ReCode, reviewing the findings of the land use code evaluation. In the summer of 2023, the Board met to discuss the first wave drafts. The Board’s review of the second wave drafts began with a workshop in June of 2024, which was followed by a second workshop in July. A final workshop on the draft changes was held in September of 2024, and a final hearing was held on October 8 (Figure 5). A number of recurring themes emerged during the Planning Board’s deliberations: - Residential zone structure and permitted uses. Over the course of several workshops and a public hearing, the Board heard repeated public input on residential zoning. The Board broadly supported the consolidation of the R-1, R-2, and ultimately, the R-3 zones into the proposed RN-1 zone. While the Board unanimously supported consolidating residential zones, some Board members expressed concerns about the potential for tear downs resulting from expanded residential use permissions, particularly in relation to affordable housing bonuses under LD 2003. These Board members raised the possibility that changes adopted as a result of LD 2003 could lead to demolition of smaller- scale naturally occurring affordable single-family homes, replaced by 10-unit buildings. Some Board members expressed a preference for limiting the four-unit use permission to existing vacant lots off-peninsula and limiting existing developed lots to single or two-family dwellings to discourage demolitions. Other members, in contrast, expressed an interest in more broadly allowing multi- family as a permitted use in the RN-3 zone. Multi-family is permitted in the RN-3 when adaptively reusing an existing nonresidential building, and ultimately, staff asserted that this approach is appropriate when combined with the allowance of four-family dwellings in any zone and a significant increase in multi-family density within mixed-use zones. Ultimately, no changes were made to address these topics, with the knowledge that the City will continue to track trends in LD 2003-related applications in the future. - Residential zone dimensional standards. Within the residential zones, the Board broadly supported flexibility in setbacks, including for ADUs, directing staff to reduce rear setbacks to accommodate ADU construction. The Board also supported implementing building length maximums as a tool to manage lot consolidation and building size in residential zones with a finer-grained lot pattern where multi-family is permitted. With the addition of a building length requirement, the Board was 7 Page 30 also supportive of adding a provision that would allow an applicant to seek relief from the building length maximum through the Planning Board, based on a set of findings. - Height. The Board’s review included discussion on the methodology for measuring height, base height allowances, and height bonuses. Ultimately, members of the Board expressed support for maintaining the existing rules for measuring height, with language to clarify and provide more consistency in measurement. While the Board was unanimous in supporting the idea of increasing base heights the Board did express varying opinions about base heights proposed for mixed-use zones, particularly in the off-peninsula context. At the final workshop, members generally agreed that 55’ is suitable for a zone like the B-1, 75’ is suitable for a zone like the B-2/B-2b, and that additional height downtown is appropriate. Some Board members expressed concerns about increasing base building heights while also retaining a height bonus for affordable housing, which is not frequently utilized and creates a lack of predictability for neighborhoods. After lengthy discussion, the Board generally supported the retention of height bonuses for affordable housing projects, on the premise that affordable housing bonuses exist today, and on the assumption that these bonuses give affordable housing some advantage in the marketplace. The Board supported the use of dimensional standards like stepbacks to manage transitions between mixed-use and adjacent residential and open space zones. - Number and placement of Transit-Oriented Development (TOD) zones. Initially, staff proposed a relatively limited application of the TOD zones in two locations anchoring portions of the proposed alignment for the Gorham-Westbrook-Portland rapid transit corridor. Based on substantial public input, the final draft includes a number of additional TOD zone locations, particularly at many of the city’s major intersections identified in the comprehensive plan and Transit Tomorrow, the regional transit plan. These locations were selected not only based on planning, but also on the availability and frequency of transit service, existing market potential or readiness, colocation with a study or planned infrastructure project, and the presence of institutions that create demand and attract people. Some Board members expressed concern about the application of the TOD zoning in some of the final draft locations, particularly Allen’s Corner and Morrill’s Corner, noting the lack of height and density there today, the frequency and reliability of existing transit service, and the value of the TOD designation relative to other mixed-use zoning. Ultimately, staff retained the areas proposed on the zoning map with the support of much of the Board membership, making the argument that the TOD zoning signals a place for investment in transit and infrastructure, supports efforts to secure grant funding for transit, and provides a platform for future land use policy that will only be more aggressive on TOD. - Industrial zoning. Over the course of several workshops, the Board supported the concept of retaining our limited core industrially-zoned areas, primarily along Riverside Street, St. John Street, and Presumpscot Street. The Board did acknowledge the need to rezone around key corridors, like Franklin Street, where a mix of uses may be appropriate; the Board was broadly supportive of the staff’s proposal to rezone large areas of existing industrially zoned land in Stroudwater to RN-1, Morrill’s Corner to B-2 and RN-3, and portions of East Bayside to B-5. The Board also generally supported the prioritization of industrial uses within industrial zones, while allowing some flexibility in uses to allow the zone to adapt as the industrial economy evolves and allowing live/work dwellings in the I-L/I-Lb zones. - Off-street parking maximums. Over the course of the Board’s review, there was significant discussion regarding the implications of off-street parking maximums, with Board members expressing concerns about limits on parking, particularly in areas of the city with varying access to 8 Page 31 alternative modes of transportation. Ultimately, the Board universally supported the establishment of parking maximums through the land use code, recognizing that the maximums as proposed are relatively generous, that Portland’s Plan supports a transition to alternative modes, and that the shift in Article 18 could provide a framework for progressing the City’s parking policy in the future. - Environment. During the Board’s review, members expressed a desire to impose stricter regulations through site plan review on development that may impact existing wetlands or natural resources, which are becoming increasingly rare in Portland. Additionally, Board members conveyed an interest in allowing green roofs to count toward the landscaped open space ratio and emphasized the importance of planting or preserving street trees as a critical consideration during site plan review. VII. WHAT IS THE VISION FOR RECODE? Throughout the ReCode process, many have asked, “What is the vision for ReCode?” ReCode builds upon the city’s adopted comprehensive plan, Portland’s Plan, which sets out the community’s vision as well as goals and objectives for the city’s growth in the coming years – all of which was informed by robust public engagement. At a more granular level, the vision for the regulatory aspect of ReCode is framed around livability, flexibility, and sustainability. ReCode does not set specific targets for housing or job creation, nor does our land use code have control over external factors such as construction costs, interest rates, private property owner decisions, or building code requirements. Instead, it is intended to deliberately guide growth in a sustainable manner that supports livability for current and future generations. This framework encourages more efficient land use, linking densification to high-quality development and public transit. It also provides a structure for preserving the natural environment, minimizing sprawl, improving our water quality, and maximizing limited city resources, while maintaining the flexibility to adapt to evolving industries, lifestyles, and societal needs, ensuring that municipal regulations support and guide, rather than hinder Portland’s progress. VIII. FINAL DRAFT LAND USE CODE ReCode includes important changes to all articles of the land use code and zoning map. A complete clean version of the land use code is included as Attachment 2. A complete redline is included as Attachment 3. Broadly, the work can be summarized by article as follows. 1. Introductory Provisions The Introductory Provisions of the land use code establish the applicability of the code, its relationship with other laws, its enforcement mechanisms, and the process for amendments. The draft changes to this article include: • The addition of clarifying language, including an explicit statement that the code applies to all land, uses, and structures in the city. • Revisions to noticing language to more comprehensively address noticing for map and text amendments. 2. Administration The Administration article sets the general rules for the three boards that play a role in administering the code - the Planning Board, the Historic Preservation Board, and the Zoning Board of Appeals. The edits to this article are focused on streamlining and consistency. The edits include: 9 Page 32 • Revisions to noticing requirements. Noticing requirements have been eliminated where they may be of limited utility. Otherwise, they have been made consistent across application types and boards to the extent possible in the interest of ease of administration. All noticing requirements maintain compliance with state law. • Updates to Historic Preservation Board language. The Historic Preservation Board component of the article has been revised to clarify the roles and responsibilities of the Historic Preservation Board; update language on appointments, removal of members, pro tempore officers, quorum and necessary vote, conflicts, and meetings to mirror the Planning Board procedures; and clarify the standard of review for administrative appeals. • The addition of state-mandated shoreland language to Zoning Board of Appeals sections, and simplification of variance provisions by removing some prohibitions. 3. Definitions Article 3 is foundational to the remainder of the land use code, as it establishes definitions for terms used throughout the document. The changes to Article 3 are largely about ensuring that the code functions as designed. The changes include: • The creation of new definitions. For instance, definitions are proposed for all new uses that appear in the code, such as “market gardens,” “neighborhood nonresidential reuse,” and “specialty food service.” Existing, previously undefined terms such as “cultural facility,” “intermodal transportation facility,” “post-secondary school,” and “recycling center” have also been defined. Other new terms address new dwelling types that have been introduced to the code, revised uses like long-term care facilities and child care facilities, and areas of new policy like the Coastal Flood Resilience Overlay Zone. • Elimination of unused definitions. Definitions for terms which are no longer used in the code have been eliminated. These include terms like “handicapped family unit,” “intermediate care facility,” “neighborhood center,” and “planned residential unit development.” • Consolidation of definitions from other articles of the land use code. Definitions from the India Street Form-Based Code zone, Signs, and Historic Preservation articles have been moved to Article 3 in order to establish a single location for definitions within the code. Where terms have specific meanings in the context of specific articles, those articles are identified within the definition. • Updates to existing definitions. Some existing definitions have been refined in the draft, including terms such as “agriculture,” “general offices,” “general services,” “hotels,” “lot,” “low-impact industrial,” “open space,” “place of assembly,” “recreation and amusement centers,” and “solar energy system.” These changes are designed to improve interpretation of the code and align with broader policy objectives. 4. Nonconforming Uses, Structures, & Lots Article 4 establishes the rules around uses, structures, and lots that met the requirements of the code at the time when they were created, but don't meet the standards of the land use code today. Draft changes to this article include: • Add general language to support clear interpretation. • Clarify and simplify rules for nonconforming uses and structures. The nonconforming use provisions, including language around expansions, changes of nonconforming uses, and 10 Page 33 discontinuance, have been simplified, as have the rules for the reconstruction, alteration, or extension of nonconforming structures. • Simplify sections related to the development of nonconforming lots. The draft code continues to allow for the development of nonconforming lots. However, given proposed reductions in minimum lot size, which will render many more lots conforming, and based on generally held land use principles, language has been revised to prohibit the division of nonconforming lots held in common ownership unless such division will result in conformity. • Move shoreland-related provisions to Article 11. 5. Zones Article 5 of the land use code identifies all of the zones within the code and establishes purpose statements for all base zones. Revisions to this article are about the most basic element of our zoning – our zones and their purposes. Revisions include: • Updates to general language. For instance, language has been added to support interpretation with the change to a parcel-based zoning map. Language specific to conditional rezoning within I-H zones has also been removed, since it has rarely been used. • The introduction of new zones. The drafts include the introduction of several new zones, most notably the two Transit-Oriented Development (TOD) zones, TOD-1 and TOD-2, which have been drafted into the code to support varying levels of mixed-use development in alignment with investments in transit service. The draft also includes references to the Coastal Flood Resilience Overlay Zone, a new zone meant to address vulnerabilities associated with sea level rise. • The reorganization of existing zones: • Residential zones. The mainland residential zones have been reorganized and renamed the “Residential Neighborhood” RN zones. Purpose statements have been updated to correspond to revisions to use and dimensional standards. In brief, the existing residential zones translate to the new residential zones as follows: • Island zones. The IR-3 zone, which was predominantly used as a tool for Planned Unit Development and is currently co-located with an existing conditional zoning agreement (CZA) on Great Diamond Island, has been eliminated. In its place, amendments to the CZA are necessary to incorporate relevant use, dimensional, and site plan review standards from the IR-3 zone, ensuring that existing regulations governing uses and building at Diamond Cove/Fort McKinley are maintained. These amendments, which simply attach the IR-3 zoning as it existed prior to ReCode Phase I to the conditional zoning agreement, are shown in Attachment 9. This change allows for the elimination of the IR-3 zone. • Mixed use zones. Certain mixed-use zones, particularly the existing sub-zones (such as the B-1b, B- 2c, B-3b and B-3c), have been eliminated in favor of simplifying use permissions and dimensional 11 Page 34 standards. The parent zones for each of these remain. (B-3b defaults to B-3, for instance.) The mixed-use zones have also been refined to ensure that each is serving a distinct purpose, and consolidated where purpose statements, use permissions, and dimensional standards align. For instance, the B-7 zone has been consolidated into the B-3 zone within the draft. • Office zones. The office zones have been modernized, with the former Office Park zone being reoriented to address both large-scale office parks as well as smaller scale, nodal areas of office development. The Residence-Professional (R-P) zone has been eliminated and all R-P areas have been converted to mixed-use B-1 or B-2/B-2b zones. • Industrial zones. The City’s industrial zones have been simplified, with the elimination of those zones that were mapped sparsely or not at all, such as the I-Ma and I-Hb. • Open space zones. Lastly, the open space zones have been adjusted, with the addition of the Open Space Preservation (OS-P) zone to provide a passive recreation zoning corollary to the more active Recreation and Open Space (OS-R) zone. The Open Space Preservation zone is designed to take the place of the current Resource Protection zone. 6. Use Standards The use standards of the land use code are a core element of the zoning, determining how property may be used based on its zone. The changes to use standards focus on opening opportunities for incremental housing production and small, neighborhood-scale non-residential in our residential and island zones, creating significant potential for housing and economic development in our mixed-use and TOD zones, and preserving the industrial character and the viability of our core industrial zones. Changes to this article include: • Organizational changes. To improve legibility, almost all of the existing footnotes from the use tables have migrated to the use standards of Section 6.4. Use standards for permitted and conditional uses have also been consolidated into Section 6.4, and a number of the standards from Article 7 that specifically addressed uses were brought into Article 6. • Modifications to residential uses. The draft expands the housing types within the code from the current single-family, two-family, and multi-family designations to include new “middle-density” options (three-family, four-family, and townhouse) that currently exist within the city’s housing stock but are not reflected as distinct uses within the existing code. (Currently, residential use categories jump from two-family to multi-family (three dwelling units and upward), with the upper limit, whether that be three or 300 dwelling units, unspecified and instead limited by other dimensional standards.) These new categories add a way to define and articulate mid-density housing types, particularly in the context of residential zones. Permitted residential uses have been modified in residential zones in alignment with changes adopted by the City Council under LD 2003 in December of 2023 such that: • Single- to four-family uses would be permitted by right in the RN-1 to RN-4 zones (the existing R-1, R-2, R-3, R-4, R-5, and R-6). • Multi-family dwellings would be permitted conditionally as adaptive reuse in the RN-1 (R-1, R-2, and R-3) and RN-3 (R-5), similar to the existing code. Multi-family would be permitted as of right in the RN-2 (R-4), RN-4 (R-6), RN-5 (R-5a/R-6a), and RN-6 (R-7). In island residential zones, two-family is proposed as a permitted use. It should be noted that this use permission is a revision from the LD 2003 changes in response to public input, which raised 12 Page 35 concerns about the capacity for growth within the island context. In Island Business (I-B) zones, up to four-family is proposed as a permitted use, with multi-family conditional as a conversion of an existing residential or nonresidential building only. • Modifications to group living uses and child care. The draft changes streamline uses like intermediate care facilities, long-term care facilities, and extended care facilities, consolidating these within the new "residential care facility" use. Similarly, ReCode proposes to restructure child care-related uses to better align with state regulations. Under the final draft, both of these uses would be broadly permitted. • Updates to provisions for Accessory Dwelling Units (ADUs). ReCode continues to allow up to two Accessory Dwelling Units (ADUs) on all lawfully conforming and nonconforming lots with legal residential uses, with changes to dimensional standards, including height and setbacks, to add flexibility for ADU creation. • Introduction of new commercial/service uses. The revisions include new uses that broaden commercial opportunities throughout Portland. These include new creative uses that weren’t previously acknowledged within the code, such as market gardens, retail nurseries or greenhouses, and specialty food services (such as coffee roasters). New uses also include neighborhood nonresidential reuse, a use provision that would allow small-scale services, restaurants, retail, and offices to occupy structures in residential zones that were originally built for non-residential purposes, paving the way for important existing non-conforming businesses to remain, and for the establishment of new small-scale commercial uses within Portland’s residential neighborhoods. • Introduction of limits on certain commercial/service uses. The draft acknowledges that balancing the City’s commitments to complete neighborhoods, walkability, and resiliency means some uses may best be limited in terms of where they are allowed. One example of this is the use of drive- throughs, which are currently permitted in some of the City’s most mixed-use, walkable zones including the B-2, B-3, B-6, and B-7 zones. Within the draft, the establishment of new drive-throughs would be limited to the B-4 zone, with exceptions for uses in the B-2 zone that currently have drive- throughs. • Reorganization of temporary uses. The draft changes create a new temporary use permit and add a series of new uses and standards that address things like temporary outdoor sales, temporary storage containers, and farmstands. • Simplified performance standards. Finally, the drafts simplify the performance standards in Section 6.8 that address impacts like noise, odor, and outdoor storage. 7. Dimensional Standards Article 7 establishes the dimensional standards that apply in different zones within the land use code. The changes proposed to Article 7 are generally aimed at adding flexibility within the context of our existing residential zones, promoting more height and density along our corridors and in our nodes, and focusing significant growth opportunities within downtown. Proposed changes include: • Introduction of new approaches to rules of measurement. The draft changes introduce a number of new approaches to rules of measurement within the dimensional standards, among these the use of build-to zones (a minimum and maximum dimension within which the front of a building has to be located), build-to percentages (the amount of a building’s frontage that has to be within the build to zone), and both maximum building length (to encourage connectivity and avoid monolithic 13 Page 36 facades) and minimum building length as a percentage of street frontage (to reinforce walkability and a consistent pedestrian environment). • Clarification of dimensional standards. Additionally, current rules of measurement have been clarified where needed, with illustrations to help readers understand the way that these controls are applied. For instance, rules around measuring average grade and pre-development grade have been clarified and made consistent. • Modifications to minimum lot area standards for residential zones. Within the dimensional tables for mainland residential zones, minimum required lot sizes for all the residential zones have either been maintained or reduced. As part of the consolidation into the new RN-1 zone, residential lot sizes in the existing R-1 and R-2 zones have been reduced from 15,000 SF and 10,000 SF respectively to 6,500 SF, the existing minimum lot size for the R-3 zone. The RN-3 (R-5) minimum lot size has been reduced from 6,000 SF to 5,000 SF in order to address longstanding patterns of nonconformity. The drafts also adjust minimum lot area requirements for other dwelling types, including townhomes and multi-family dwellings where those are permitted. • Modifications to setbacks for residential zones. The drafts also simplify setback controls and add new flexibilities. For instance, existing side setback regulations which vary based on structure height have been eliminated in favor of a simplified side setback requirement in the residential zones. In most cases, side setbacks have been reduced. • Introduction of alternative development options. The drafts introduce alternative residential development options that can be used within certain zones. These allow, for instance, cottage court residential developments within the RN-1, RN-2, RN-3, and IR-2 zones, subject to modified dimensional and other development standards. • Modifications to standards for island zones. Dimensional standards within the island zones have been modified to more closely reflect the character of Portland’s islands, and to provide some key new opportunities in certain zones. For instance, the IR-2 zone now provides flexibility for “small island lots” on Peaks Island, establishing modified dimensional standards for areas of Peaks Island that were originally developed with smaller lots. • Modifications to standards for mixed-use zones. Dimensional standards for the mixed-use zones have also been updated. Residential density standards for the B-1, B-2, and B-2b zones have been eliminated to encourage residential development in these areas. Build-to zone requirements are now applicable to all mixed-use zones, and setbacks have been adjusted to allow for greater flexibility in situations where these areas do not abut existing residential zones. Heights have also been increased to correspond with the new flexibilities for residential development and to allow for greater opportunity along key corridors and at central nodes, particularly in and around downtown. To correspond with a new approach to height within downtown, the drafts also include a set of “tower standards” that apply to those buildings built as towers – with portions of the building exceeding 125 feet in height. • New standards for TOD zones. Standards for the TOD zones have been developed to encourage an intensity of development appropriate for key nodes both on and off-peninsula, with minimal setbacks and permission for heights up to 85 feet in the TOD-1, or 125 feet in the TOD-2 zone. • Simplified industrial zone standards. Standards for the industrial zones have been simplified, and allow greater flexibility for industrial development within these areas of the city. For instance, the current “sliding scale” setback requirements based upon building height have been eliminated, 14 Page 37 replaced with more straightforward controls that acknowledge the form and functional needs of modern industrial development. • Simplified exceptions. Lastly, supplemental dimensional standards, as well as exceptions to the standards of Article 7, have been simplified and clarified so that the rules apply more consistently across similar contexts. 8. Overlay Zones The Overlay Zones article of the land use code includes provisions for special zones that “overlay” our existing base zoning, including the Institutional Overlay Zone, the Waynflete School Overlay, and the USM Overlay. Changes to this article include: • The elimination of some overlays. The Compact Urban Residential Overlay (the existing R-7) has been transformed into the proposed RN-6 zone, allowing a base zone for high-density residential development outside of a mixed-use context. Relevant provisions of the helistop overlay have been integrated into the Maine Medical Center IOZ and the terms of the Stream-Protection Overlay have been integrated into the shoreland provisions of Article 11. • Updates to the Roux Institutional Overlay Zone, USM Overlay Zone, and PAD Overlay. Adjustments are proposed to simplify some elements of the Roux Institutional Overlay Zone and integrate shoreland-related input from the Department of Environmental Protection. The USM overlay includes edits designed to remove barriers to campus housing production, simplify review, and clarify some dimensional standards. The Pedestrian Activities District (PAD) Overlay has been revised to reflect changes to uses elsewhere in the code, as well as clarify standards. • The creation of a new Coastal Flood Resilience Overlay Zone (CFROZ). This new zone is based on sea level rise modeling completed by the City with the help of the Army Corps of Engineers. The boundary of the CFROZ would extend beyond the reach of the City's existing floodplain regulations to help protect areas that are vulnerable to flooding due to sea level rise. The requirements of the CFROZ would apply to most new construction, changes of use, and substantial improvements, depending on the use involved. Exempt uses, including certain industrial uses, parking, and spaces required to circulate from grade to upper levels, would be allowed at grade in projects within the CFROZ. Non-critical uses would be required to have a finished floor elevation within 2 ft. of the Sea Level Rise-Base Flood Elevation (SLR-BFE) and include enough floor to floor height to allow for future adaptation. Critical uses, or those uses that are most vulnerable to sea level rise, including residential uses, medical services, schools and daycare, would be required to be 1 ft. above the modeled SLR-BFE. This tiered, use-based system differentiates projects according to their vulnerability and broader impacts to the city, balancing the need to protect the most vulnerable uses while allowing some flexibility for less vulnerable ones. 9. IS-FBC The India Street Form-Based Code establishes a special set of standards for the India Street neighborhood. Minor changes are proposed, including: • Moving definitions into Article 3 to ensure alignment with terminology used throughout the rest of the code. • Updating various provisions to address issues in practice. A reference to performance standards has been added to ensure that performance standards are applied in the zone, mid-block 15 Page 38 permeability and building addition language has been clarified, and height bonus language has been simplified. 10. Waterfront Zones The City's waterfront zoning is designed to support a balance of water-dependent and non-marine uses in a way that allows the waterfront to adapt to evolving economic trends and infrastructure needs. The waterfront zoning has been effective in cultivating that balance, and as a result, few changes to the waterfront zoning are proposed. The changes: • Revise accessory use provisions to provide some flexibility. The drafts simplify accessory use language within the Waterfront Central Zone to support evolving and emerging uses. • Update language to provide consistency with the remainder of the code. References to the “Commercial Street Overlay Zone” have been revised to better reflect the use of this geography within the Waterfront Central Zone, references to the Shoreland zoning have been added throughout, and design-related language in the Eastern Waterfront Port Zone has been moved to the draft Design Manual. 11. Shoreland Overlay Zone Shoreland zoning is designed to help protect the City's and state's valuable water resources, and is required by the State of Maine. The shoreland zone in Portland works as an overlay, sitting on top of the base zoning and adding special requirements around the placement of structures in relation to the shore, the clearing of vegetation, and planting, for instance. The changes proposed in the shoreland zone are designed to maintain consistency with state shoreland zoning rules in Chapter 1000. They have been reviewed by the State of Maine Department of Environmental Protection. The changes: • Integrate resource protection and stream protection regulations into the shoreland zone. • Update standards for piers and docks, shoreline stabilization, clearing of vegetation, roads and driveways. • Consolidate nonconforming structure provisions into the shoreland zoning, and update nonconformity language for consistency with Chapter 1000. 12. Floodplain Management The City's floodplain regulations ensure the safety of properties susceptible to flooding. The floodplain regulations are required by FEMA and the State of Maine to maintain the City's participation in the National Flood Insurance Program. In concert with recent changes to the FEMA Flood Insurance Rate Maps, edits to the City's floodplain regulations were adopted in May of 2024. Very minor edits are proposed through ReCode to address newly released updates from the state. 13. Site Plan The City’s site plan ordinance governs the review of development and redevelopment projects. Changes to the ordinance are generally designed to simplify the site plan review process as a means of reducing barriers to development, particularly residential development. The changes also reflect best practice, support related organizational changes involving the Technical Manual and Design Manual, and align with changes to the remainder of the code. The changes: • Update administrative language to reflect current practice. 16 Page 39 • Streamline site plan review thresholds. ReCode proposes to change the review thresholds for small housing projects by making one- to four-family projects administrative (rather than Planning Board) reviews, aligning with the treatment of single- to four-family uses within Article 6. The draft also increases thresholds for site plan review of other types of projects, such that new construction and additions less than 1,000 SF are not reviewed under site plan, but as building permits, and eliminates specialized use-based reviews (e.g. auto service station, drive through facilities, construction of structures in shoreland zone) on the premise that these types of development should be reviewed under site plan if they otherwise meet site plan thresholds. Additionally, site plan review has been eliminated when changing any non-residential use to residential use to support the conversion of non-residential buildings, regardless of total number of residential units proposed. Further, the master development plan review option has also been removed, in favor of the simpler phased site plan. • Update site plan review standards. The revisions integrate multi-modal transportation goals by expanding transportation impact standards, adding shared circulation and access standards, adding flexibility to public transit access standards, and aligning parking standards with new parking maximums in Article 18. The revisions support climate resilience strategies by integrating low- impact development principles, tying landscaping and hardscaping standards more directly to heat island impacts, and establishing standards for cool roofs. The draft simplifies standards such as the street tree standard, eliminates the requirement that projects outside of historic districts but within 100 feet of a historic district or landmark undergo advisory historic preservation review, and reorganizes standards to correspond with work on the City of Portland Design Manual and Technical Manual. 14. Subdivision Article 14 applies to subdivisions, and thus has implications for how land is divided and developed in the City of Portland. Changes to this article are focused on integrating resilience measures and transportation goals. Revisions include the introduction of low-impact development standards, clarification of stormwater standards, and the addition of references to the CFROZ within subdivision review, as well as updates to street connectivity standards. 15. Impact Fees The impact fee ordinance is a relatively new addition to the land use code, developed based on an Impact Fee Study conducted in 2018. The ordinance creates a system for the collection of fees to offset the impacts of new development on our transportation, wastewater, and parks and recreation infrastructure. Revisions are fairly minor, designed to allow administrative flexibility in the granting of modifications to impact fees. 16. Historic Preservation Revisions to the historic preservation ordinance are focused on maintaining and strengthening the core functions of the ordinance while making the article easier for all users to understand. These changes were reviewed by the Historic Preservation Board at two workshops, as well as by the Maine Historic Preservation Commission (MHPC). On August 8, the Historic Preservation Board held a public hearing to vote on forwarding a recommendation to the Planning Board regarding the final draft (Attachment 8). That draft: 17 Page 40 • Streamlines the purpose statement for the article. The purpose statement has been revised to more discretely address the purpose of the article (as distinct from the purpose of the City’s historic preservation program more broadly). • Moves definitions to Article 3. • Clarifies the types of historic designations. The final draft clarifies the types of historic designations (landmarks, historic districts, and historic landscape districts) and clarifies the basis for determining "contributing" classifications within designations. • Clarifies the designation process. The draft also clarifies the steps for initiating a historic designation, the process for moving a historic designation through review, and the criteria for designation, as well as amendments. The final draft also removes the automatic designation for properties listed on the National Register of Historic Places. • Streamlines the review process. The draft establishes clear thresholds for administrative and Historic Preservation Board review of projects, adds exemptions for specific projects that otherwise receive City review (often with historic preservation staff consultation) and/or advance other City goals, updates procedural language to match current practice, and extends the duration of approvals to three years to provide greater flexibility for applicants. 17. Housing The housing article of the land use code supports the City's goal to encourage housing that meets the needs, preferences, and financial capabilities of all Portland residents. The article includes policies that incentivize affordable housing and also requires affordable housing in residential projects over a certain size. There have been many recent changes to the housing article, through referenda and as a result of changes in state law. As a result, draft edits are mainly focused on streamlining and clarifying these regulations. The final draft: • Consolidates all affordable housing incentives. The final drafts put all incentives for affordable housing in one section of the ordinance, update density bonuses to align with state requirements, and modify incentives to address concerns about height in the context of greater heights in mixed- use zones city-wide. The final drafts also clarify how incentives and requirements relate. • Updates inclusionary zoning provisions. The final drafts simplify the review process for inclusionary zoning projects, clarify interpretation in cases of phased projects, strengthen requirements for the integration of units and bedroom counts, support long-term monitoring, and clarify the applicability of affordable housing bonuses. 18. Off-Street Parking & Loading Off-street parking and loading requirements are established through the City's land use code. In response to policy guidance that promotes multi-modal transportation and minimizing the city's reliance on single- occupancy vehicles, the City's off-street parking and loading requirements have historically allowed significant flexibility. The changes proposed to this article through ReCode take this approach one step further. The final draft: • Removes vehicle parking minimums and adds parking maximums. The draft establishes new vehicle parking maximums, meaning an upper limit on the amount of off-street parking that may be constructed on a site. This change is meant to reduce construction costs, free up valuable real estate that may be used for other purposes, and help to encourage a move away from single- 18 Page 41 occupancy vehicles. In TOD zones, parking maximums are proposed to be lower than in other zones. • Clarifies rules about the location of off-street parking and parking of commercial vehicles. • Expands minimum bicycle parking requirements. These requirements are aligned with the new use structure of Article 6, to encourage provision of adequate bicycle parking in alignment with the City's goals for multi-modal transportation and climate adaptation. • Modernizes requirements for loading spaces. The draft decouples requirements for retail and industrial uses, which have differing demands and thresholds for required off-street loading spaces. Thresholds for the loading requirements have been adjusted, and in no case are more than three loading spaces required by the code. 19. Signs The signs article of the land use code establishes standards for the construction, installation, and illumination of signs in the city, with the goal of ensuring that signs are compatible with the built environment. The signs article was recently updated in Phase I of ReCode; as a result the proposed changes are very targeted, and generally designed to clarify processes and requirements where questions have arisen. Changes include revisions to the standards for building-mounted and freestanding signs, sign area and quantity, temporary signs, and off-premise signs in residential zones. 20. Public Art The public art article lays the groundwork for the City's successful public art program. Updates are generally focused on aligning the article with the rest of the code, including the removal of definitions. The revisions also provide some clarification on applicability. Other (RPZ + Regulation of Explosives) The Resource Protection Zone article (previously Article 13) has been deleted in conjunction with updates to the Shoreland Overlay Zone and the base open space zoning. The Resource Protection Zone has been replaced with the Open Space Preservation (OS-P) zone on the zoning map. Similarly, Article 22 (Regulation of Explosives) is proposed for relocation to Chapter 10 of the City’s Code of Ordinances. The Fire Department is managing this change to Chapter 10, which is anticipated to occur this fall following a review by the Health and Human Services Committee of the City Council. IX. FINAL DRAFT ZONING MAP In addition to changes to the land use code, the final draft before the City Council includes changes to the zoning map. These changes can be viewed on an online map viewer and in Attachment 4. They can be broadly classified as follows. 1. Shift to Parcel-Based Zoning In contrast to the existing zoning map, the draft zoning map generally ties zoning to parcel boundaries. This allows for greater precision in determining the zoning of individual properties. Certain zones, such as the OS-P zone and overlay zones tied to geographic features, remain independent of parcel boundaries. It should be noted that during the creation of the proposed draft map it was necessary to make some adjustments to zone boundaries to match the geometry of parcels. In some instances parcels were found 19 Page 42 to contain multiple zones. To simplify administration of the code, where possible a single zone was assigned to each parcel, based on the predominant zoning designation and in some cases, the location. In certain areas, however, multiple zoning districts were maintained within one larger parcel. 2. Conversion of Zones Some zones have been converted to new zoning designations based on “equivalences.” For example, the existing R-1, R-2, and R-3 zones have been converted to the new RN-1 zone. The B-7 zone has been converted to the B-3 zone. The R-P zone has been converted to B-1 or B-2/B-2b. And the IR-3 has been converted to an existing conditional zoning designation. 3. Changes to Address Nonconforming Uses In some areas of the city where there are existing nonconforming uses, such as corner stores or other nonresidential uses serving important functions in residential zones, new zoning is proposed to eliminate the nonconformity and support additional mixed-use development (Figure 6). In most cases, these areas Figure 6: Example of proposed rezoning from residential to B-1 in the location of existing businesses and non-residential buildings at Cumberland Avenue and Smith Street. are proposed for B-1 zoning. These changes align with the goals of promoting walkability and complete neighborhoods. 20 Page 43 4. Changes to Address Nonconforming Lots There are numerous areas of the zoning map that are proposed for rezoning based on nonconforming lot size, particularly within residential zones (Figure 7). These changes reflect analysis of current residential lots to identify areas exhibiting a high degree of nonconformity – essentially areas where the built development pattern does not match the requirements of the current zone. Changes of this nature are intended to bring lots into conforming status, making it easier to maintain and use existing homes in these areas. Figure 7: Example of proposed rezoning from R-3 (left) to RN-3 (R-5) (right) based on nonconforming lot pattern on Westminster and Edgeworth Avenues 5. Policy-Based Changes Lastly, there are a number of areas within the City zoning map that are proposed for changes in order to directly address the goals of Portland’s Plan. The future land use framework outlined in Portland’s Plan emphasizes the state goal of promoting orderly growth and development in suitable areas while safeguarding Maine’s rural character, making efficient use of public services, and preventing urban sprawl. Portland’s Plan recognizes that decisions about how, where, and to what extent the city grows will significantly influence how well the city seizes opportunities before it. Strategically planned growth as proposed through ReCode will help Portland expand economic opportunities, enhance environmental health, strengthen neighborhoods, and optimize the use of municipal services and financial resources. 21 Page 44 Figure 8: Underutilized site in Allen's Corner (left) | mixed-use development West End (right) The zoning framework of ReCode builds on Portland’s successful existing development patterns while guiding future changes and growth opportunities in key areas. The proposed zoning changes will support diverse housing options, concentration of jobs, pedestrian and transit accessibility, and the necessary infrastructure and services for a growing city. These changes prioritize areas that are essential to Portland’s growth in the coming decades, particularly underutilized locations that are well-positioned for additional development due to their access to public transit, existing infrastructure, and ability to support surrounding neighborhoods (Figure 8). For instance, the draft map includes new TOD zones at seven nodes across the city, based on the future land use framework from Portland’s Plan, and the guidance of One Climate Future, Transit Tomorrow, and the Gorham-Westbrook-Portland Rapid Transit Study (Figure 9). These seven nodes were selected to concentrate growth in areas that can support more efficient and robust transit services, fostering the density and critical mass needed to sustain public transit and local businesses. These areas also benefit from proximity to key economic drivers and institutions such as the University of New England, the University of Southern Maine, the Roux Institute, Maine Medical Center, Northern Light Mercy and potential major transit investments like a bus rapid transit line and a relocated train station. This approach helps prevents leapfrog development in areas less prepared to become major hubs, while encouraging growth in well-suited, underdeveloped areas that are positioned to develop first. The comprehensive plan identified Allen’s Corner, Veranda St/Washington Ave., USM/Forest Avenue, and Outer Brighton as key nodes to be evaluated for their potential to serve as centers for complete neighborhoods centered around public transit opportunities. Morrill’s Corner and Libbytown, near Maine Medical Center, were designated as transformation nodes due to their existing built environment, established institutions, and access to public transit. Finally, Woodford’s Corner was identified as a node for enhancement, recognizing its existing built form. Figure 9: Proposed TOD zones 22 Page 45 The draft map also includes the expansion of B-1 and B-2/B-2b zoning at neighborhood corners, along corridors, and around major intersections, and the expansion of B-5 zoning in areas like Franklin Street, which is poised for additional mixed-use development (Figure 10). These changes align directly with the future land use principles outlined in Portland’s Plan, specifically addressing the need to support the development of complete neighborhoods. Lastly, the map includes new open space zones to reflect the City’s inventory of parks and public spaces, as well as the new CFROZ zoning designation. These changes respond directly to sustainability goals within Portland’s Plan, helping the city to protect important open space resources and prepare for a Figure 10: Proposed residential areas (yellow) and proposed mixed-use zones (blue) future of climate change. X. CONSISTENCY WITH PORTLAND’S PLAN As noted above, ReCode is fundamentally tied to Portland’s Plan. The land use code, as drafted in ReCode, is both consistent with and pursuant to the comprehensive plan adopted by the City Council. The revisions as drafted will advance key goals and objectives outlined in the plan's eight policy guides, as well as the future land use framework and elements of the plan regarding regional coordination. ReCode will guide Portland's growth, fostering an authentic, connected, equitable, sustainable, and dynamic city. The proposed zoning map changes align with the future land use section of Portland’s Plan. TOD zones have been mapped in seven strategic locations identified on the City’s map of priority nodes and corridors, informed by studies such as Transit Tomorrow and One Climate Future, as well as by existing and planned public transportation and infrastructure investments. Mixed-use zoning has been both retained and expanded to support the concept of complete neighborhoods in areas critical to the city's growth over the next decade, based on three maps from the comprehensive plan: one depicting current dominant land use patterns, one showing a connected network of trails and open spaces, and another identifying corridors and nodes positioned for additional growth. Greater Portland accounts for approximately half of the State of Maine’s economic output. The city’s historic industries—such as manufacturing, fishing, shipping, and tourism—remain relevant and are evolving, even as Portland's 21st-century economy becomes increasingly diverse. Portland simultaneously 23 Page 46 serves as a financial and services center, boasts a biotech presence, a thriving local food scene, a port for international trade, a regional healthcare hub, a flourishing arts and culture environment, and a cluster for higher education. The proposed changes in ReCode support the city’s historic industries by retaining small but vital industrial zones, essential for businesses that rely on convenient access to the interstate highway system, rail, Jetport, and waterfront. Additionally, the proposed changes reinforce the importance of Portland’s Downtown, ensuring it continues to be a regional hub for both economic development and housing. XI. PLANNING BOARD RECOMMENDATION On the basis of material provided in the Planning Board report dated October 4, 2024, public testimony, and other information provided during the Planning Board’s review process and at the October 8, 2024 public hearing, the Planning Board found that the proposed amended land use code and zoning map are consistent with the City of Portland’s comprehensive plan and therefore recommends adoption of said amended land use code and zoning map to the City Council. On the basis of material provided in the Planning Board report dated October 4, 2024, public testimony, and other information provided during the Planning Board’s review process and at the October 8, 2024 public hearing, the Planning Board finds that the proposed amendments to the conditional rezoning for property in the vicinity of Diamond Cove, Great Diamond Island are consistent with the City of Portland’s comprehensive plan, Section 5.3 of the land use code, and 30-A M.R.S.A. § 4352 (8), and therefore recommends adoption of said amendments to the City Council. 24 Page 47 INTRODUCTORY PROVISIONS 1 INTRODUCTORY PROVISIONS legal or equitable, that may be appropriate or necessary for the enforcement of the Land Use 1.1 TITLE Code. The title of this chapter of the City of Portland Code of Ordinances is the City of Portland Land Use Code 1.5.2 Violations and is referred to as the City of Portland Land Use Any person being the owner or occupant of, having Code or the Land Use Code. control of, or having the use of any building or premises or part thereof, who violates any of the 1.2 ZONING MAP provisions of this Land Use Code, shall be guilty of The City of Portland zoning map is incorporated by an offense and subject to the penalties and reference. remedies provided in Chapter 1, Section 1-15 of the City of Portland Code of Ordinances and 30-A 1.3 PURPOSE M.R.S. § 4452. The intent of the Land Use Code is to protect the health, safety, and general welfare of the residents 1.6 RELATIONSHIP WITH OTHER LAWS of Portland, consistent with the City’s 1.6.1 Federal and state law Comprehensive Plan, through standards that govern Where conditions, standards, or requirements the orderly and compatible use of land, the form imposed by any provision of this Land Use Code are and mass of buildings, and the relationship of found to be inconsistent with a provision listed in development to the public realm, Portland’s open the law or regulations of the State of Maine or spaces, and the environment. federal government, the more restrictive provision shall control. 1.4 APPLICABILITY This Land Use Code applies to all land, uses, and 1.6.2 City of Portland Land Use Code structures within the corporate limits of the City of If any provision of this Land Use Code contains an Portland. No building or structure shall be erected, actual, implied, or apparent conflict with another structurally altered, enlarged, repaired, moved, provision of this code, the more restrictive rebuilt, or used, and no land shall be sold, leased, provision shall control. conveyed, used, developed, or altered except in conformity with the provisions of this Land Use 1.6.3 Fair Housing accommodation Code. The City of Portland may make reasonable modifications to the requirements of the Land Use 1.5 ENFORCEMENT Code to accommodate the needs of persons with 1.5.1 Enforcement disabilities as so defined in Title VII of the Civil The Building Authority and/or a City of Portland Rights Act of 1968, as amended by the Fair Housing Code Enforcement Officer is authorized to institute Amendments Act of 1988. or cause to be instituted by the Corporation Counsel in the name of the City any and all actions, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1-1 Page 48 INTRODUCTORY PROVISIONS 1.6.4 Comprehensive Plan Use Code, they are interpreted by their common The City’s adopted Comprehensive Plan serves as dictionary meaning or customary usage consistent the basic policy guide for this Land Use Code. with their context. Amendments to this Land Use Code shall be generally consistent with the current adopted 1.8.2 Graphics and illustrations Comprehensive Plan. Graphics and illustrations are included to illustrate the intent of the text. In the case of a conflict 1.6.5 Current versions and citations between the text and any graphic or illustration, the All references to other regulations or manuals in text shall control. this Land Use Code refer to the most current version and citation for those regulations or 1.8.3 Lists and examples manuals, unless expressly indicated otherwise. Unless otherwise expressly indicated, lists of items When the referenced regulations or documents or examples that use “including,” “such as”, or have been repealed and not replaced by other similar terms are intended to provide examples only, regulations or manuals, Land Use Code and shall not be construed as being limited to the requirements for compliance are no longer in items or examples listed. effect. 1.8.4 Time 1.6.6 Private agreement When a number of days is specified as a period This Land Use Code does not nullify any private from a certain day within which or after or before agreement or covenant. However, where this code which an act is authorized or required to be is more restrictive than a private agreement or completed, time is computed as the number of covenant, this code controls. The City does not calendar days excluding the calendar day when the enforce private agreements. act is authorized or required to be completed. Business days shall be interpreted as days on which 1.7 DELEGATION OF AUTHORITY the City of Portland is open for business. Whenever a provision requires the head of a department to perform an act or duty, that 1.8.5 Obligatory terms and conjunctions provision will be interpreted as authorizing the The terms in the text of the Land Use Code shall be department head or officer to delegate that interpreted in accordance with the following rules responsibility to others over whom they have of construction: authority. A. The terms “must”, “shall”, and “will” are mandatory terms that express a requirement or 1.8 RULES OF INTERPRETATION impose an obligation. 1.8.1 Meaning of words and terms B. The terms “must not”, “shall not”, “will not”, All words and terms shall have the meanings shown and “may not” express a prohibition. in Article 3, unless otherwise expressly stated. For words or terms not specifically defined in this Land 1-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 49 INTRODUCTORY PROVISIONS C. The term “should” expresses a denial unless, in the opinion of the authority or recommendation or suggestion and does not board before which it is brought, there has been a express a requirement or imposition. substantial change in circumstance or substantial D. The term “may” is permissive and does not new evidence is available. express a requirement or imposition. E. The conjunction “and” indicates that all 1.10 AMENDMENTS connected words or provisions apply. 1.10.1 Authority F. The conjunction “or” indicates that the The City Council may amend this Land Use Code connected words or provisions may apply and the zoning map incorporated herein. singly or in any combination. G. The conjunction “either […] or” indicates that 1.10.2 Procedure the connected words or provisions apply singly, A. An application for a text or zoning map but not in combination. amendment shall be filed with the Planning Authority. A payment of a nonrefundable 1.8.6 Gender application fee, as established by the City Words denoting one gender apply to all genders. Council to cover administrative costs and costs of a hearing, shall accompany each application. 1.8.7 Abbreviations The fee for text or zoning map amendment Building Authority. Either the Department of applications may be waived or reduced by the Permitting and Inspections, its director, or their Planning Authority in the case of an application designee. submitted by a governmental body or where an applicant can establish financial hardship. If a Council. The Portland City Council. text or zoning map amendment application is withdrawn by an applicant prior to the Planning Authority. Either the Department of submission of the advertisement copy to the Planning and Urban Development, its director, or newspaper to announce the public hearing, a their designee. refund of half of the amount of the application fee will be made to the applicant by the City Public Works Authority. Either the Department of provided that all costs incurred by the City have Public Works, its director, or their designee. been paid in full by the applicant. B. Once it is determined that the application is 1.9 SUCCESSIVE APPLICATIONS complete, the Planning Authority shall give a Whenever any application, appeal, or other request dated receipt to the applicant and, in the case filed pursuant to this Land Use Code has been finally of a map amendment, shall notify, by mail, all denied on its merits, a second application, appeal or property owners within the limits of the other request seeking essentially the same relief, proposed zoning map amendment and all whether or not in the same form or on the same property owners 500 feet beyond said area. theory, shall not be brought within one year of such The notice hereunder shall include a brief FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1-3 Page 50 INTRODUCTORY PROVISIONS description of the application, the address or published at least two times in a newspaper of location of the property involved, and contact general circulation in the City of Portland. The information where additional information may date of the first publication must be at least 12 be obtained. The cost of noticing shall be days prior to any public hearing and the date of charged to the applicant. the second publication must be at least seven C. A private applicant for a map amendment that days prior to the public hearing. would permit a development subject to major I. For map amendments, notice of the City site plan review shall conduct neighborhood Council public hearing shall be sent by regular outreach according to the provisions for United States mail to at least 13 calendar days in neighborhood meetings under Article 13. advance of the hearing date to all property D. The Planning Authority shall review the owners within the area proposed for rezoning application against the standards of this article and all property owners 500 feet beyond said and make a recommendation to the Planning area. Board. E. The Planning Board shall hold a public hearing 1.10.3 Review fees in accordance with the provisions of Article 2 The applicant shall pay a fee to cover the and make a recommendation to adopt, adopt professional and administrative costs for review and with modifications, or not adopt the proposed analysis associated with the amendment, including map or text amendment, and forward the but not limited to planning, legal, engineering, or recommendation to the City Council. other services. The fee shall be based on the hours F. In addition to any noticing required under of review and processing time and the prevailing Article 2, a notice of public meeting sign shall hourly rate for reimbursement of City costs. The be posted by any private applicant for a map City shall periodically invoice the applicant for such amendment on the property where the costs incurred by the City, which invoice shall be amendment is proposed at least ten days prior paid promptly by the applicant. to the Planning Board hearing date. The dimensions, construction, and content of the 1.10.4 Review standards sign shall be in accordance with standards Except as otherwise required by law, amendments established by the Planning Authority. The sign to the City’s Land Use Code shall be pursuant to and shall be removed from the site no more than consistent with the Comprehensive Plan. three days following the date of the hearing. G. The City Council shall review the proposed 1.11 TRANSITION RULES amendment and determine whether and how A permitted use established prior to the effective to amend the Land Use Code or zoning map. date of the Land Use Code that is now classified as a H. Notice of the City Council public hearing shall conditional use shall be deemed a lawful conditional be publicly posted in the City Clerk’s office at use. Any subsequent addition, enlargement, or least 13 days before the public hearing. In expansion of that use shall conform to the addition, notice of said public hearing must be procedural and substantive requirements for 1-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 51 INTRODUCTORY PROVISIONS conditional uses in Article 6. A permitted or conditional use established prior to the effective date of this Code that is now classified as a prohibited use shall be deemed a nonconforming use and is controlled by the provisions of Article 4. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1-5 Page 52 ADMINISTRATION 2 ADMINISTRATION 2.1.4 Officers A. Chair. The members of the Planning Board 2.1 PLANNING BOARD shall annually elect one of their number as chair 2.1.1 Composition to preside at all meetings and hearings and to There shall be a Planning Board of seven members. fulfill the customary functions of that office. Members of the Planning Board shall be residents of The chair may administer oaths. the city and shall not be officers or employees of B. Vice chair. The members of the Planning the City. Members shall serve without Board shall annually elect one of their number compensation. as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all the 2.1.2 Appointments powers of the chair. The vice chair shall have A. Terms. The members of the Planning Board such other powers and duties as may be shall be appointed by the City Council for terms provided by the rules of the Planning Board. of three years. Such members shall serve until C. Pro tempore officers. In the absence of both their successors are duly appointed and the chair and the vice chair, the board shall qualified. Such terms shall be staggered so that elect a chair pro tempore from among its the terms of not more than three members number and the chair pro tempore shall have shall expire in any calendar year, providing, all the powers of the chair during the chair’s however, such service shall not extend to over and the vice chair’s absence. In the absence of 120 days after expiration of their term. the vice chair, or when the vice chair is serving Members may serve for three consecutive as chair, the board shall elect a vice chair pro three-year terms. tempore from among its number and the vice B. Vacancies. Permanent vacancies on the chair pro tempore shall have all the powers of Planning Board shall be filled by the City the vice chair during the vice chair’s absence or Council, in the same manner as other service as chair. appointments hereunder, for the unexpired term of the former member. 2.1.5 Committees The chair of the Planning Board shall assign the 2.1.3 Removal of members members of the board to such regular and special Any member of the Planning Board may be committees as may be established by the board. removed for cause by the City Council at any time, Such committees shall have no final authority but provided, however, that before any such removal, shall assist the board in the conduct of its business such member shall be given an opportunity to be by making recommendations to it concerning such heard in their own defense at a public hearing. specific items as may be assigned to them for study and report. The board shall adopt such rules as it shall deem appropriate to govern the organization and operation of its committees. Committee FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-1 Page 53 ADMINISTRATION meetings deliberative in nature shall be open to the chair, as the case may be, for the public in accordance with Title 1 M.R.S. § 401 et seq. presentation of information by the Director of the Department of Planning & 2.1.6 Quorum and necessary vote Urban Development, their staff, an As to any matter requiring a hearing, no business applicant, or others. These meetings will be shall be transacted by the Planning Board without a open for public comment according to the quorum, consisting of four members, being present. rules of the Planning Board. Such The vote of a majority of the members present shall meetings, unless open to the public as be necessary to authorize any action by the board. If provided in Title 1 M.R.S. § 401 et seq. shall less than a quorum is present, the hearing may be be informational only and shall not result adjourned for a period not exceeding three weeks in final decisions on any matter. at any one time. The Planning Authority shall notify 2. Public hearings. Public hearings shall be in writing all members of the date of the adjourned held as required by the various statutes, hearing and shall notify such other interested codes, and ordinances pursuant to which parties as may be directed in the vote of matters are brought before the Planning adjournment. Board and shall be conducted in accordance with relevant state law, the 2.1.7 Conflicts Land Use Code, and the rules of the board. No member of the Planning Board shall participate B. Notice. The Planning Authority shall give in the hearing or disposition of any matter in which notice of the time and place of public they have an interest. Any question of whether a workshops and hearings, including a brief member has a conflict of interest sufficient for a description of the application(s) to be member to be recused shall be decided by a considered, as follows: majority vote of the members present, except the 1. Site plan and subdivision. Notice shall be member whose possible conflict is being examined. sent by regular United States mail at least Where such vote results in a tie, the subject 13 calendar days in advance of the member shall be recused from the matter. workshop or hearing date to the applicant, the owner(s) of the subject property, and 2.1.8 Meetings and procedures all owners of property located within 500 A. Meetings. Regular meetings of the Planning feet of the subject property. Notice shall Board shall be held at the call of the chair or as also be given to the general public by provided by rule of the board. Special meetings publication in a newspaper of general may be called by the chair or any four members circulation in the City of Portland at least of the Board or at the request of the City two times, the date of the first publication Council. to be at least 12 calendar days prior to the 1. Workshops. Workshops of the Planning public hearing. Board or any of its committees may be 2. Land Use Code or zoning map amendment. held at the call of the board or committee For map amendments, notice shall be sent 2-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 54 ADMINISTRATION by regular United States mail to at least 13 inconsistent with the statutes of the state and calendar days in advance of any workshop this article. Such rules shall be filed with the or hearing date to all property owners Planning Authority and with the City Clerk. Any within the area proposed for rezoning and and all rule changes shall be placed on a City all property owners 500 feet beyond said Council public agenda as a communication area. Notice of public hearing shall also be requiring a public hearing. Any rule may be publicly posted in the City Clerk’s office at vetoed, in whole or in part, by order of the least 13 days before the public hearing on Council within 45 days of the date of filing with such application. In addition, notice of said the City Clerk. No rules change shall take effect public hearing must be published at least until that time period has elapsed. If a part of a two times in a newspaper of general rule is vetoed, the remainder shall continue in circulation in the City of Portland. The date effect. Any rule so adopted, which is not of the first publication must be at least 12 required by the statutes of the state or by this days prior to the public hearing and the article, may be waived by the chair upon good date of the second publication must be at cause being shown. Except as otherwise least seven days prior to the public provided in Subsection 2.1.8(A)(1), all meetings, hearing. hearings, and deliberations of the Planning 3. Contract or conditional zoning. Notice of Board and its committees shall be open to the public hearing shall be posted in the City public in accordance with Title 1 M.R.S. § 401 et Clerk's office at least 13 days prior to the seq. Testimony at any hearing may be required public hearing and shall be published in a by the Planning Board to be given under oath. newspaper of general circulation within D. Keeping of records. The Director of the the city at least two times, the date of the Department of Planning & Urban Development first publication to be at least 12 days prior shall designate a member of their staff who to the hearing. Notice shall also be sent to shall attend all Planning Board proceedings. The the owners of all property abutting the staff shall provide for the keeping of minutes of property to be rezoned at their last known the proceedings of the Board, showing the vote address. This notice shall contain a copy of of each member on every question, or their the proposed conditions and restrictions, absence or failure to vote, and shall maintain with a map indicating the property to be the permanent records and decisions of all rezoned. Board meetings, hearings, and proceedings and The cost of noticing shall be charged to the all correspondence of the Board, as required by applicant. Failure of any property owner to statute. Such records shall be public records receive a notice of public hearing shall not open to inspection during working hours upon necessitate another hearing and shall not reasonable notice. invalidate any action of the board. C. Procedures. The Planning Board shall adopt its own rules for the conduct of its business not FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-3 Page 55 ADMINISTRATION 2.1.9 Record and decisions F. To hear, review, and approve or deny A. Record. The minutes of the staff, and the applications for conditional uses as specified in audio or video recording or transcript if one is Article 6. made, and all exhibits, papers, applications, and G. To hear, review, and offer its recommendations requests filed in any proceeding before the to the City Council on applications for Planning Board and the decision of the Board amendments to, or revisions of, this Land Use shall constitute the record. Code. B. Decision. Every final decision of the Planning H. To review and offer its recommendations to Board and every recommendation of the the City Council on certain public projects. Planning Board to the City Council shall include I. To review and approve, conditionally approve, written findings of fact, and shall specify the or disapprove site plans for regulated projects reason or reasons for such decision or in shoreland areas. recommendation. The Planning Authority shall J. To prepare and offer its recommendations to provide notice of any decision of the Planning the City Council with regard to the City's annual Board to the applicant. Capital Improvement Program. K. Upon reasonable request, to make its special 2.1.10 Jurisdiction and authority knowledge and expertise available to any In addition to the jurisdiction conferred on it by official, department, board, or agency of the other provisions of state law and the ordinances of city, county, state, or federal governments to the City and in accordance therewith, the Planning aid them in the performance of their respective Board shall have the following jurisdiction and duties relating to the planning and authority: development of the city and its region, A. To prepare and recommend a Comprehensive including request from the City Council to Plan to the City Council. review proposed developments in which the B. To prepare and recommend to the City Council developer does not have the right, title, or changes in and amendments to the interest in all the property necessary for the Comprehensive Plan. proposed development because some or all of C. To aid and assist the City Council and that property is owned by the City. departments and agencies of the City in L. To make such investigations, maps and reports, implementing general plans and in planning, and recommendations in connection therewith, developing, and completing specific projects. relating to the planning and development of the D. To hear, review, and approve, conditionally city as seem desirable. approve, or deny major site plans. M. To employ or contract with such experts and E. To hear, review, and approve, conditionally other assistants as may be necessary or approve, or deny applications for subdivision convenient to carry out its duties hereunder approval. and to pay for their services and for such other expenses as may be necessary and proper, provided, however, that such expenditures shall 2-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 56 ADMINISTRATION not exceed such funds as may be appropriated B. Public hearing. A public hearing shall be set, for such purposes by the City Council. advertised and conducted by the Planning Board N. To hear, review, and offer its recommendations in accordance with the provisions of this article. to the City Council on petitions for street C. Action. Within 30 days following the close of the vacations and discontinuances. public hearing, the Planning Board shall render a O. To hear, review, and decide appeals where it is decision on the appeal in the manner and form alleged there is an error in any decision, specified in the provisions of this article and the requirement, or determination made by the statutes of the state. The failure of the board to Planning Authority. act within 30 days shall be deemed a denial of the P. To approve, following a public hearing and at appeal unless mutually extended in writing by the the recommendation of the Public Works appellant and the board. Within five days of such Authority and the Planning Authority, Technical decision or failure to act notice thereof shall be Manual and Design Manual standards, provided mailed to each party. that such standards shall be additional to and D. Conditions and limitations. Any right granted by consistent with the provisions of this Land Use the reviewing board on appeal shall be subject to Code, necessary and reasonable, and in the same conditions and limitations as if secured accordance with sound engineering and urban without the necessity of an appeal. design practice. 2.1.12 Planning Board appeals 2.1.11 Administrative appeals An appeal from any final decision of the Planning A. Application procedures. An appeal may be taken Board as to any matter over which it has final to the Planning Board by any person affected by a authority may be taken by any party or by any final decision of the Planning Authority except as authorized officer or agent of the City to the provided elsewhere in this Land Use Code. Such superior court in accordance with Rule 80B of the appeal shall be taken within 30 days of the action Maine Rules of Civil Procedure. No appeal shall lie complained of by filing with the Planning concerning any matter as to which the power of the Authority an application for appeal specifying the Board is limited to the making of a grounds thereof. The application shall be in such recommendation. form as specified by the Planning Authority. A payment of a nonrefundable filing fee, as 2.2 HISTORIC PRESERVATION BOARD established by the City Council to cover 2.2.1 Composition administrative costs and costs of hearing, shall The Historic Preservation Board shall consist of accompany each application. The Planning seven voting members who shall serve without Authority shall forthwith transmit to the Planning compensation. Members shall not be officers or Board all of the papers constituting the record employees of the City. Members shall have upon which the action appealed from was taken. demonstrated interest, knowledge, or training in historic preservation or closely related fields, and shall be residents of the city. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-5 Page 57 ADMINISTRATION 2.2.2 Appointments such other powers and duties as may be A. Terms. The members of the Historic provided by the rules of the Historic Preservation Board shall be appointed by the Preservation Board. City Council for terms of three years. Such D. Pro tempore officers. In the absence of both members shall serve until their successors are the chair and the vice chair, the board shall duly appointed and qualified. Such terms shall elect a chair pro tempore from among its be staggered so that the terms of not more number and the chair pro tempore shall have than three members expire in any calendar all the powers of the chair during the chair’s year, providing, however, such service shall not and the vice chair’s absence. In the absence of extend to over 120 days after expiration of their the vice chair, or when the vice chair is serving term. Members may serve for three as chair, the board shall elect a vice chair pro consecutive three-year terms. tempore from among its number and the vice B. Vacancies. Permanent vacancies on the chair pro tempore shall have all the powers of Historic Preservation Board shall be filled by the vice chair during the vice chair’s absence or the City council, in the same manner as other service as chair. appointments hereunder, for the unexpired term of the former member. 2.2.5 Quorum and necessary vote As to any matter requiring a hearing, no business 2.2.3 Removal of members shall be transacted by the Historic Preservation Any member of the Historic Preservation Board Board without a quorum, consisting of four may be removed for cause by the City Council at members, being present. The vote of a majority of any time, provided, however, that before such the members present shall be necessary to removal, such member shall be given an opportunity authorize any action by the board. If less than a to be heard in their own defense at a public hearing. quorum is present, the hearing may be adjourned for a period not exceeding three weeks at any one 2.2.4 Officers time. The Planning Authority shall notify in writing A. Election and terms. Officers of the Historic all members of the date of the adjourned hearing Preservation Board shall consist of a chair and and shall notify such other interested parties as may vice chair. Officers shall be elected by the be directed in the vote of the adjournment. Historic Preservation Board and shall serve a term of one year and shall be eligible for re- 2.2.6 Conflicts election. No member of the Historic Preservation Board shall B. Chair. The chair shall preside at all meetings participate in the hearing or disposition of any and hearings and fulfill the customary functions matter in which they have an interest. Any question of that office. of whether a member has a conflict of interest C. Vice chair. In the absence of the chair, the vice sufficient for a member to be recused shall be chair shall act as chair and shall have all the decided by a majority vote of the members present, powers of the chair. The vice chair shall have except the member whose possible conflict is being 2-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 58 ADMINISTRATION examined. Where such vote results in a tie, the circulation in the City of Portland at least subject member shall be recused from the matter. two times, the date of the first publication to be at least 12 calendar days prior to the 2.2.7 Meetings and procedures workshop or hearing. Notice shall be sent A. Meetings. Regular meetings of the Historic by regular United States mail to the Preservation Board shall be held no less nominators and to the owner(s) of the frequently than monthly. Special meetings may subject property or properties at least 13 be called by the chair, any four members of the calendar days in advance of any workshop board, or at the request of the Planning Board or hearing date. or City Council. 2. National Register of Historic Places 1. Workshops. Workshops of the Historic nominations. Notice shall be given to the Preservation Board or any of its general public by publication in a committees may be held at the call of the newspaper of general circulation in the board or committee chair, as the case may City of Portland at least two times, the be, for the presentation of information by date of the first publication to be at least the Planning Authority, an applicant, or 12 calendar days prior to any workshop or others. These meetings will be open for hearing. public comment according to the rules of 3. Historic preservation review. Notice shall the Historic Preservation Board. Such be given to all property owners within 100 meetings, unless open to the public as feet of the property at least 13 days prior provided in Title 1 M.R.S. § 401 et seq., shall to the date of the workshop or public be informational only and shall not result hearing. in final decisions on any matter. 4. Major site plan review. For an application 2. Public hearings. Public hearings shall be that is classified as a major site plan under held as required by the various statutes, Article 13, notice shall be given to all codes, and ordinances pursuant to which property owners within 500 feet of the matters are brought before the Historic property at least 13 days prior to the date Preservation Board and shall be conducted of the workshop or hearing. in accordance with relevant state law, the 5. Appeals. Notice shall be given to all Land Use Code, and the rules of the board. property owners within 100 feet of the B. Notice. The Planning Authority shall give notice property at least 13 days prior to the date of the time and place of Historic Preservation of the workshop or public hearing. Where Board workshops and public hearings, including the appealed application is classified as a a brief description of the application(s) to be major site plan under Article 13, the notice considered, as follows: shall be given to all property owners within 1. Historic designation nomination. Notice 500 feet of the property. shall be given to the general public by 6. The cost of noticing shall be charged to publication in a newspaper of general the applicant except in the following cases: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-7 Page 59 ADMINISTRATION a. The cost of noticing National Register B. Decision. Every final decision of the Historic of Historic Places nominations shall be Preservation Board and every recommendation charged to the City. of the Historic Preservation Board to the b. The cost of noticing appeals shall be Planning Board or City Council shall include charged to the appellant. written findings of fact, and shall specify the 7. Failure of any property owner to receive a reason or reasons for such decision or notice of public hearing shall not recommendation. The Planning Authority shall necessitate another hearing and shall not provide notice of any decision of the Historic invalidate any action of the board. Preservation Board to the applicant. C. Procedures. The Historic Preservation Board may adopt procedural rules for the conduct of 2.2.9 Jurisdiction and authority its business not inconsistent with the statutes The Historic Preservation Board shall have the of the state and this article. Any rule may be following jurisdiction and authority: vetoed, in whole or in part, by order of the A. To conduct or administer an ongoing survey to Council within 45 days of the date of filing with identify historically, culturally, architecturally, the City Clerk. No rules change shall take effect and archaeologically significant buildings, until that time period has elapsed. If a part of a structures, objects, sites, and areas. rule is vetoed, the remainder shall continue in B. To review buildings, structures, objects, sites, effect. Any rule so adopted, which is not and areas nominated for local historic required by the statutes of the state or by this designation, and to make recommendations to article, may be waived by the chair upon good the Planning Board and City Council for their cause being shown. Except as otherwise designation as landmarks, historic districts, and provided in Subsection 2.2.7, all meetings, historic landscape districts as applicable. hearings, and deliberations of the Historic C. To participate in the Certified Local Preservation Board and its committees shall be Government Program of the National Historic open to the public in accordance with Title 1 Preservation Act Amendments of 1980 and the M.R.S. § 401 et seq. Testimony at any hearing Maine Historic Preservation Commission, and may be required by the Historic Preservation carry out any responsibilities delegated to it Board to be given under oath. under that program, including review and comment on any National Register of Historic 2.2.8 Record and decisions Places nominations submitted to the Historic A. Record. The minutes of the staff, and the audio Preservation Board. or video recording or transcript if one is made, D. To hold workshops and public hearings to and all exhibits, papers, applications, and advise and assist owners of historically requests filed in any proceeding before the designated properties on historic preservation Historic Preservation Board and the decision of and rehabilitation, and to review applications the Board shall constitute the record. for historic preservation review affecting 2-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 60 ADMINISTRATION historically designated properties and to fee, as established by the City Council to cover approve or deny such applications. administrative costs and costs of hearing, shall E. To provide testimony to the Board of Appeals accompany the application. The Planning in connection with any application for a Authority shall forthwith transmit to the certificate of economic hardship. Historic Preservation Board all of the papers F. To develop guidelines for work affecting constituting the record upon which the action historic designations and to aid in the appealed from was taken. interpretation of the standards for review. B. Standard of review. The standard of review G. To assist the Planning Board and City Council in for appeals pursuant to this section shall be de the development of a historic preservation novo. The appellant shall bear the burden of component in the Comprehensive Plan of the proof. City of Portland. C. Public hearing. A public hearing shall be set, H. To make recommendations to the Planning advertised, and conducted by the Historic Board concerning any amendments to the Land Preservation Board in accordance with the Use Code appropriate for the protection and provisions of this article. continued use of historically-designated D. Action. Within 30 days following the close of properties. the public hearing, the Historic Preservation I. As requested, to provide comment, Board shall render a decision on the appeal in recommendations, or testimony to the the manner and form specified in the Planning Board or City Council on matters provisions of this article and the statutes of the pertaining to historic preservation in Portland. state. The failure of the board to act within 30 J. To inform and educate the citizens of Portland days shall be deemed a denial of the appeal as to the cultural, historic, architectural, and unless mutually extended in writing by the archeological heritage of the city by publishing appellant and the Board. Within five days of maps, newsletters, brochures, and pamphlets such decision or failure to act notice thereof and by sponsoring programs and seminars. shall be mailed to each party. E. Conditions and limitations. Any right granted 2.2.10 Administrative appeals by the board on appeal shall be subject to the A. Application procedures. An appeal may be same conditions and limitations as if secured taken to the Historic Preservation Board by any without the necessity of an appeal. person affected by a decision of the Planning Authority relative to Article 16. Such appeal 2.2.11 Historic Preservation Board appeal shall be taken within 30 days of the action A. Historic Preservation Board decision. An complained of by filing with the Planning appeal from any final decision of the Historic Authority an application for appeal specifying Preservation Board as to any matter over which the grounds thereof. The application shall be in it has final authority may be taken by any party such form as specified by the Planning or by any authorized officer or agent of the City Authority. A payment of a nonrefundable filing FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-9 Page 61 ADMINISTRATION to the Planning Board, adhering to the 2.3 ZONING BOARD OF APPEALS requirements of Subsection 2.1.11 of this article. 2.3.1 Composition B. Standard of review. The Planning Board shall There shall be a Board of Appeals of seven deny the appeal unless it finds that the action members. Members of the Board shall be residents of the Historic Preservation board was arbitrary of the city and shall not be officers or employees of or capricious or was not based on substantial the City or any of its agencies or departments. evidence. Review by the Planning Board under Members shall serve without compensation. this subsection is intended to be appellate in nature. Except where the Planning Board 2.3.2 Appointments determines that injustice would result, the A. Terms. The members of the Board of Appeals Planning Board shall determine the appeal shall be appointed by the City Council for terms without considering any facts or arguments of three years. Terms shall be staggered so that which were not presented to the Historic the terms of no more than three members shall Preservation Board. Where the Planning Board expire in any calendar year. Such members shall finds it necessary to consider such new serve until their successors are duly elected evidence in order to do substantial justice, it and qualified provided, however, that such shall remand the matter to the Historic service shall not extend to over 120 days after Preservation Board for further consideration, expiration of their term. Members may serve unless it determines that the resulting delay is for three consecutive three-year terms. likely to result in undue hardship to the B. Vacancies. Permanent vacancies on the Board applicant. of Appeals shall be filled by the City Council, in C. Planning Board decision. The Planning the same manner as other appointments under Board's decision on an appeal from a decision this article, for the unexpired term of a former of the Historic Preservation Board shall be final member whose place has become vacant. with respect to the application or matter initially presented to the Historic Preservation 2.3.3 Removal of members Board. An appeal from any final decision of the Any member of the Board of Appeals may be Planning Board as to any matter over which it removed for cause by the City Council at any time, has final authority may be taken by any party or provided, however, that before any such removal, by any authorized officer or agent of the city to such member shall be given an opportunity to be the superior court in accordance with Rule 80B heard in their own defense at a public hearing. of the Maine Rules of Civil Procedure. No appeal shall lie concerning any matter as to 2.3.4 Officers which the power of the board is limited to the A. Chair. The members of the Board of Appeals making of a recommendation. shall annually elect one of their number as chair to preside at all meetings and hearings and to fulfill the customary functions of that office. In the absence of the chair, the secretary shall act 2-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 62 ADMINISTRATION as chair and shall have all the powers of the 2.3.7 Meetings and procedures chair. A. Staff. The Building Authority or their designee B. Secretary. The members of the Board of shall serve as staff to the Board of Appeals. Appeals shall annually elect one of their B. Meetings. Regular meetings of the Board of number as secretary. The secretary shall fulfill Appeals shall be held at the call of the chair or the duties provided by statute and this article as provided by the rules of the board. Special and have such other duties as may be provided meetings shall be called by the chair at the by the rules of the board. request of any two members of the board or at C. Pro tempore officers. In the absence of both the request of the City Council. All meetings the chair and the secretary, the board shall and hearings of the board shall be open to the elect a chair pro tempore from among its public. For all matters properly brought before number and the chair pro tempore shall have the Board of Appeals, the board shall select a all the powers of the chair during the chair’s reasonable time and place for a public hearing and the secretary’s absence. In the absence of following the submission of the subject the secretary, or when the secretary is serving application. as chair, the board shall elect a secretary pro C. Notice. The Building Authority shall give notice tempore from among its number and the of public hearings in the form and manner and secretary pro tempore shall have all the powers to the persons herein specified. The notice shall of the secretary during the secretary’s absence include the time and place of such hearing, a or service as chair. description of the contents of the matter to be heard and the address or location of the 2.3.5 Quorum and necessary vote property involved. Where notice by mail is No business shall be transacted by the Board of required, it shall be mailed at least seven days in Appeals without a quorum, consisting of four advance of the hearing date by regular United members, being present. The vote of a majority of States mail. Notices shall be given to each of the members present shall be necessary to the following as specified: authorize any action by the board. 1. In all cases, to the petitioner. 2. In all cases, to all residents of the city by 2.3.6 Conflicts publication in a newspaper of general No member of the Board of Appeals shall circulation in the city at least once, not participate in the hearing or disposition of any more than 30 nor less than five days matter in which they have an interest. Any question before the date of the hearing, and by mail of whether a member has a conflict of interest to the applicant. sufficient to disqualify them shall be decided by a 3. In the case of hearings relating to zoning majority vote of the members, except the member appeals, a variance, or a conditional use, to who is being challenged. Where such a vote results the Planning Board and City Council by in a tie, the challenged member shall be deemed reasonable means. disqualified. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-11 Page 63 ADMINISTRATION 4. In the case of hearings relating to a state or by this article, may be waived by the variance request from the provisions of board upon good cause being shown. Article 11, the application and all supporting 1. Conduct of hearings. information supplied by the applicant shall a. Any person may appear and testify at be forwarded to the State of Maine a public hearing, either in person or by Department of Environmental Protection a duly authorized agent or attorney, at least 20 days prior to action by the and may submit documentary board. Any comments received from the evidence, provided, however, that the Commissioner or their designee prior to Board shall exclude irrelevant, action by the Board of Appeals shall be immaterial and unduly repetitious made part of the record and shall be taken evidence. into consideration by the Board of b. The applicant and any abutter or Appeals. similar person with standing shall in 5. In the case of hearings related to a addition have the right to present variance or conditional use, by mail to the witnesses on their own behalf and owners of all the property within 500 feet offer rebuttal evidence, to cross of such parcel or tract. examine all witnesses testifying in 6. In the case of hearings related to all other opposition to their position through appeals, by mail to the owners of property the chair, and to examine and directly abutting, and directly across a introduce any documents produced at street or alley from the subject property. the hearing. 7. For purposes of this subsection, the 2. All other matters pertaining to the conduct owners of property shall be considered to of hearings shall be governed by the be the parties listed by the Assessor’s provisions of the relevant state statutes, Department as those against whom taxes this article, and the rules promulgated by are assessed. Failure of any property the Board of Appeals. owner to receive a notice of public hearing shall not necessitate another hearing and 2.3.8 Records and decisions shall not invalidate any action of the board. A. Record. The recording of testimony, if any, 8. The cost of noticing shall be charged to and all exhibits, papers, applications, and the applicant. requests filed in any proceeding before the D. Procedures. The Board of Appeals shall adopt Board of Appeals and the decision of the board its own rules of procedure for the conduct of shall constitute the record. its business not inconsistent with the statutes B. Decision. Every decision of the Board of of the state and this article. Such rules shall be Appeals shall include findings of the fact, shall filed with the City Clerk. Any rule so adopted refer to the evidence in the record and the which relates solely to the conduct of hearings, exhibits, plans or specifications upon which and which is not required by the statutes of the such decision is based, shall specify the reason 2-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 64 ADMINISTRATION or reasons for such decision, and shall contain a E. To hear and grant or deny applications for conclusion or statement separate from the conditional uses, as specified in Article 6. findings of fact setting forth the specific relief granted or denying relief. The Building 2.3.10 Administrative appeals Authority shall hand deliver or mail a copy of A. Application procedures. Application for any the decision to the applicant, the Planning appeal to the board shall be submitted to the Board, and City Council within seven days of Building Authority. A payment of a such decision, and shall also file the decision nonrefundable application fee, as established with the City Clerk. by the City Council to cover administrative costs and costs of a hearing, shall accompany 2.3.9 Jurisdiction and authority each application. The application shall be in The Board of Appeals shall have the following such form as prescribed by the Building jurisdiction and authority: Authority. A. To hear and decide appeals from the granting B. Public hearing. A public hearing shall be set, or denial of any permit required by Chapter 6, advertised and conducted by the Board of Article 11, or Chapter 10 of the City of Portland Appeals in accordance with Subsection 2.3.7. Code of Ordinances. C. Standard of review. The standard of review B. To hear and decide appeals from any decision for appeals pursuant to Subsections 2.3.9(A), or order made by the Building Authority (B), and (C) shall be de novo. The appellant pursuant to the provisions of this Land Use shall bear the burden of proof. Code or any other chapter of the City of D. Conditions and limitations on rights granted Portland Code of Ordinances, except that by appeal. Any right granted by the Board of decisions relating to enforcement of the Appeals on appeal shall be subject to the same Shoreland Overlay Zone provisions of this conditions and limitations as if secured without chapter may not be appealed to the Board of the necessity of an appeal. Appeals and may only be appealed directly to Superior Court in accordance with M.R. Civ. P. 2.3.11 Variances 80B and 30-A M.R.S. §§ 2691 & 4483. A. Application procedures C. To review interpretations of the Zoning 1. Application for a variance shall be Administrator or their designee, except that submitted to the Building Authority. A decisions on such interpretations shall be payment of a nonrefundable application advisory only and shall not be appealable. fee, as established from time to time by D. To hear and grant or deny applications for the City Council to cover administrative variances from the terms of this Land Use costs and costs of a hearing, shall Code, including but not limited to terms related accompany each application. The to use; dwelling unit conversion; space and application shall be in such form as bulk, such as lot size, density, and setbacks; prescribed by the Building Authority. parking; loading; and signs. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-13 Page 65 ADMINISTRATION 2. A public hearing shall be set, advertised, uses the dwelling. The board shall restrict and conducted by the Board of Appeals in any variance granted under this subsection accordance with Subsection 2.3.7. solely to the installation of equipment or 3. All decisions by the board shall be the construction of structures necessary rendered in a manner and form not for access to or egress from the dwelling inconsistent with the statutes of this state. by the person with the disability. The 4. When a decision affects property located board may impose conditions on the within the Shoreland Overlay Zone, the variance, including limiting the variance to Zoning Board of Appeals shall cause the duration of the disability or to the time written notice of its decision to be mailed that the person with the disability lives in or hand-delivered to the Department of the dwelling. The term “structures Environmental Protection within seven necessary for access to or egress from the days of the board’s decision. dwelling” shall include railing, wall, or roof B. Undue hardship variance. An undue hardship systems necessary for the safety or variance may be granted by the board only effectiveness of the structure. For the where strict application of the ordinance, or a purpose of this subsection, a disability has provision thereof, to the petitioner and their the same meaning as a physical or mental property would cause undue hardship. The disability under 5 M.R.S. § 4553. words “undue hardship” as used in this 2. By the Building Authority. Notwithstanding subsection mean the following: the provisions of subsections (B) and 1. The land in question cannot yield a (C(1)) above, the Building Authority may reasonable return unless a variance is issue a permit to the owner of a dwelling granted. for the purpose of making a dwelling 2. The need for a variance is due to the accessible to a person with a disability who unique circumstances of the property and resides in or regularly uses the dwelling. If not to the general conditions in the the permit requires a variance, the permit neighborhood. is deemed to include that variance solely 3. The granting of a variance will not alter the for the installation of equipment or the essential character of the locality. construction of structures necessary for 4. The hardship is not the result of action access to or egress from the dwelling for taken by the applicant or prior owner. the person with a disability. C. Disability variance D. Practical difficulty variance. Notwithstanding 1. By the Board of Appeals. Notwithstanding the provisions of subsections (B) and (C) the provisions of subsection (B) above, the above, the Board of Appeals may grant a board may grant a variance to an owner of variance from the dimensional standards of this a residential dwelling for the purpose of Land Use Code that relate to lot area, lot making that dwelling accessible to a person coverage, frontage, and setback requirements with a disability who resides in or regularly when strict application of these standards 2-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 66 ADMINISTRATION would both preclude a permitted use of the and bulk requirements of the zone in property and result in significant economic which the property is located and not from injury to the applicant. Significant economic any provision that allows a deviation from injury shall mean that the value of the property those requirements. if the variance were denied would be 2. No variance shall be granted which would substantially lower than its value if the variance permit the creation of a lot or parcel that were granted. To satisfy this standard, the cannot be developed in compliance with applicant need not prove that denial of the the zoning, subdivision, and other variance would mean the practical loss of all regulations applicable thereto. beneficial use of the land. In granting a 3. No variance shall be granted which would practical difficulty variance, all of the following result in a use or development of the lot or conditions must be found to exist: parcel in question which would not be in 1. The need for a variance is due to the harmony with the general purpose and unique circumstances of the property, and intent of this Land Use Code or the not to the general conditions in the Comprehensive Plan; which would be neighborhood. materially detrimental to the public welfare 2. The granting of the variance will not or materially injurious to the enjoyment, produce an undesirable change in the use, or development of property or character of the neighborhood and will not improvement permitted in the vicinity; or have an unreasonably detrimental effect which would materially impair an adequate on either the use or fair market value of supply of light and air to properties and abutting properties. improvements in the vicinity, substantially 3. The practical difficulty is not the result of increase congestion in the public streets, action taken by the applicant or a prior increase the danger of flood or fire, or owner. endanger the public safety. 4. No other feasible alternative is available to 4. No variance shall be granted which would the applicant, except a variance. be greater than the minimum variance 5. The granting of a variance will not have an necessary to relieve the undue hardship or unreasonably adverse effect on the natural the hardship of the applicant. environment. F. Conditions on variances; variances less than 6. The property is not located, in whole or in requested. Reasonable conditions and part, within a shoreland area, as defined in safeguards relating to construction, character, 38 M.R.S. § 435, nor within a Shoreland location, landscaping, screening, and other Overlay Zone or flood hazard area, as matters may be imposed upon the premises defined in this Land Use Code. benefited by a variance as considered E. Specified variances prohibited necessary to prevent injurious effects upon 1. A variance may only be granted with other property and improvements in the respect to the generally applicable space vicinity or upon public facilities and services. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-15 Page 67 ADMINISTRATION Such conditions shall be expressly set forth in 2.3.13 Reconsideration the resolution granting the variance and in the The Board of Appeals may reconsider any decision notice informing the applicant thereof. within 45 days of its decision. A request to the Violation of such conditions and safeguards board to reconsider a decision must be filed within shall be a violation of this article. A variance less 10 days of the decision that is being reconsidered. A than or different from that requested may be vote to reconsider and the action taken on that granted when the record supports the reconsideration must occur and be completed applicant’s right to some relief but not to the within 45 days of the date of the vote on the original relief requested. decision. Reconsideration of a decision shall require G. Limitations on variances. No variance a positive vote of the majority of the board permitting the erection or alteration of a members originally voting on the decision, and building shall be valid for a period longer than proper notification to the landowner, petitioner, two years, unless a building permit for such Planning Board, code enforcement officer, and erection or alteration is issued and other parties of interest, including abutters and construction is actually begun within that those who testified at the original hearing(s). The period and is thereafter diligently pursued to board may conduct additional hearings and receive completion. No variance relating to the additional evidence and testimony. Appeal of a establishment or maintenance of a use not reconsidered decision to Superior Court must be involving a building or structure shall be valid made within 15 days after the decision on for a period longer than two years, unless an reconsideration. occupancy permit is issued and a use commenced within such period. 2.3.14 Appeals H. Recording of variances. No variance shall be Any aggrieved party may take an appeal, within 45 valid unless, within 90 days of final approval of days of the vote of the original decision, from any the variance, a certificate describing the final decision of the Board of Appeals to the variance has been recorded by the applicant for superior court in accordance with Rule 80B of the the variance in the registry of deeds as required Maine Rules of Civil Procedure and 30-A M.R.S. §§ by 30 M.R.S. § 4353(5). 2691 & 4483., except as otherwise specifically provided in this article. 2.3.12 Violations In addition to any other remedies available, the Board of Appeals after notice and hearing may revoke any variance or other relief granted under this section when the provisions of this chapter or the conditions under which the relief was granted have not been complied with. 2-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 68 DEFINITIONS 3 DEFINITIONS regulations that does not vary significantly from this amount. Adjacent grade (within the floodplain). For the purposes of calculating floor elevation in areas of After-hours entertainment license. Any of the special flood hazard, the natural elevation of the music, dancing, and special entertainment licenses ground surface prior to the construction next to the required or authorized by Chapter 4, Article III of proposed wall of a structure. the City of Portland Code of Ordinances. Adult business establishment. Any business, Agriculture. Land and associated structures used including but not limited to any bookstore, for the growing of crops and raising of newsstand, novelty store, nightclub, bar, cabaret, domesticated animals to provide food and other amusement arcade, or theater, which: products for sale, personal consumption, donation, A. Keeps for public patronage or permits or allows and/or educational purposes. Agriculture includes the operation of any adult amusement device single-family dwellings and any additional dwellings as defined in Chapter 4 of the City of Portland that are accessory to the principal use of Code of Ordinances; or agriculture. Agriculture also includes farmstands B. Customarily, meaning more often than an used to sell crops grown on the premises. average of one calendar week during any calendar month of operation, exhibits motion Airport. Land, water, or any human-made object or pictures or displays any other visual facility located thereon, which is used or intended representation described or advertised as being to be used for landing and takeoff of aircraft, and “X rated” or “for adults only,” or which any appurtenant areas that are used or intended to customarily excludes persons from any portion be used for airport buildings or other airport of the premises by reason of immaturity of age facilities or rights-of-way, together with all airport by the use of such, or similar, phrases; or buildings and facilities located thereon. Airports C. Is adjudged to be in violation of 17 M.R.S. §§ may include airport administration, terminals, 2911, 2912. carrier operations, concessions, reservations and ticket sales, freight, repair and storage, fueling Affordable housing. Housing for which the services, flying schools, car rental operations, and percentage of income a household is charged in other associated uses. rent and other housing expenses (including utilities such as electric, heat, water, sewer, and/or trash Airport restricted access areas. Runways, that the household pays separately from rent) or taxiways, and other areas of an airport accessible to must pay in ownership cost (including but not aircraft, whether access is restricted by the Federal limited to mortgage payments, condominium/HOA Aviation Administration or not. fees, mortgage insurance, other insurance, and real estate taxes), does not exceed 30% of a household’s Alley. Any way designed primarily for vehicular and income, or other amount established in City pedestrian or utility access to the back or side of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-1 Page 69 DEFINITIONS premises otherwise abutting on a street, except to charging electric vehicles, or providing motor driveways unless officially designated otherwise. vehicle repairs including, but not limited to, tune- ups, engine repair, brake work, muffler replacement, Animal-related services. Establishments principally tire repair, or similar activities. Such businesses may for the training, daycare, or boarding of animals. also include car-washes and/or vacuums. Such uses shall not include veterinary services. Bar. Any establishment required to be licensed to Approval. An affirmative decision on an application, sell alcoholic beverages for on‑premises including an approval with conditions. consumption, which is not regularly used for the purpose of providing full meals, as defined in Title Appurtenance. A device or structure not designed 28‑A of the Maine Revised Statutes, on the for human occupancy and attached to the exterior premises. of a building. Base flood. The flood having a 1% chance of being Archaeological site. A bounded geographic hereof or exceeded in any given year (i.e., a 100-year location containing the physical evidence of storm). previous human occupation including but not limited to structures, artifacts, graphics (paintings Basement. Area of building that includes a floor or drawings) and discarded material including plants that is subgrade (below ground level) on all sides. or animals. Bed and breakfast. A detached dwelling that Area of shallow flooding. Area designated AO and contains no more than nine guest rooms; is used to AH zone on the Flood Insurance Rate Map (FIRM) provide or offer overnight accommodation for with a 1 % or greater annual chance of flooding to transient guests; has an owner, manager, or an average depth of one to three feet where a operator living in the building as a permanent clearly defined channel does not exist, where the resident; does not provide cooking facilities in any path of flooding is unpredictable, and where of the guest rooms; and provides meals on-site. velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Beverage container redemption center. A facility established with the primary purpose of accepting Area of special flood hazard. The land in the empty beverage containers from consumers and floodplain having a 1% or greater chance of flooding paying or otherwise providing the refund value of in any given year as specifically identified in the such containers. most recently adopted FEMA Flood Insurance Study for the City of Portland. Breakaway wall. A wall that is not part of the structural support of the building and is intended Auto service station. A business selling fuel for through its design and construction to collapse vehicles and propane, or providing services specific under specific lateral loading forces, without 3-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 70 DEFINITIONS damage to the elevated portion of the building or enclosed area with roof or common wall, it shall be supporting foundation system. considered as a part of the principal building. Building. A roofed and walled structure built for Child care center. Per 22 M.R.S. §8301-A(1-A)(A), a permanent use. child care center is a house or other place in which a person maintains or otherwise carries out a Building (within Article 16). A human-made regular program, for consideration, for any part of a construction created to shelter human activity, such day providing care and protection for 13 or more as a house, barn, church, hotel or similar structure. children under 13 years of age; or any location or Building may refer to a historically related complex locations operated as a single child care program or such as a courthouse and jail or a house and barn. by a person or persons when there are more than 12 children being cared for. Building, accessory. A detached roofed and walled structure that is incidental and subordinate in area Child care facility, small. Per 22 M.R.S. §8301-A(1- and extent, and/or use to the principal building(s) on A)(E), a small child care facility is a house or other the property. A lot may have more than one place, not the residence of the operator, in which a accessory building. person maintains or otherwise carries out a regularly scheduled program, for any part of a day, Building addition. Any increase to footprint, floor providing care and protection for 3 to 12 children area, or volume of an existing building. between 6 weeks and 12 years of age. Building alteration. A change or rearrangement in Clinic. Any establishment where patients are the structural supports, exterior appearance, or examined and treated by one or more health care removal of features otherwise affecting the exterior providers, such as, but not limited to, physicians, appearance of a building. dentists, psychologists, or social workers. Clinics may include laboratory services and facilities for Buildings, attached. Two or more independent ambulatory or outpatient surgical procedures. buildings that share at least one common party wall but have full building separation and independent Coastal AE Zone. The portion of the coastal high principal entries; not free-standing. Attached hazard area with wave heights between 1.5 feet and buildings may or may not have common ownership. 3.0 feet and bounded by a line labeled the “Limit of Moderate Wave Action” (LiMWA) on a Flood Building, principal. The main roofed and walled Insurance Rate Map (FIRM). VE Zone floodplain structure on a lot having the predominant area, construction standards are applied to development, extent, and/or use. A lot may have more than one new construction, and substantial improvements in principal building. When a garage is attached to the the Coastal AE Zone. principal building in a substantial manner as by an FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-3 Page 71 DEFINITIONS Coastal high hazard area. An area of special flood Community hall. A building or portion of a building hazard extending from offshore to the inland limit used for social, recreational, artistic, civic, or of a primary frontal dune along an open coast and educational community functions. Such a facility any other area subject to high velocity wave action would be open to the public for such functions, from storms or seismic sources. Coastal high which, for example, could include but not be limited hazard areas are designated as Zone VE and Zone to performances, dance, exhibitions, cultural AE bounded by a line labeled “Limit of Moderate exchange, training programs and workshops, Wave Action” (LiMWA) on a Flood Insurance Rate neighborhood meetings, or gatherings. As part of Map (FIRM). these functions and activities, it shall be permissible to serve food, subject to other applicable codes and Coastal wetland. All tidal and subtidal lands; all ordinances. A community hall may also be referred lands with vegetation present that is tolerant of salt to as a neighborhood center. water and that occurs primarily in a salt water or estuarine habitat; and/or any swamp, marsh, bog, Condominium. Any interest in real estate created beach, flat, or other contiguous low land that is pursuant to the Unit Ownership Act, 33 M.R.S. § 560 subject to tidal action during the highest tide level et seq., or its equivalent, as it may from time to time for the year in which an activity is proposed as be amended. identified in tide tables published by the National Ocean Service. Coastal wetlands may include Construction and engineering services. Offices portions of coastal sand dunes. for businesses in the conduct of any landscape or building trade or craft, together with land and/or Commercial vessel. Any watercraft used principally structures used for the storage of equipment, in a business or trade, including common carriers of vehicles, machinery, and/or materials related to and passenger or freight, whether for governmental, used by the trade or craft. Construction and nonprofit, or emergency purposes, but not engineering services with no storage of equipment, including pleasure craft used principally for vehicles, machinery, and/or materials are considered recreational purposes. general office uses. Common circulation drives. Private driveways, Containment wall. Wall surrounding all sides of an roadways and circulation areas accessible to all on- above ground tank to contain any spills or leaks. site tenants and/or occupants of a lot within the Waterfront Central Zone providing access from/to Critical systems. Mechanical, electrical, plumbing, the public street network. fire protection, life safety, and communication systems required for the uninterrupted and safe Communication studio. A commercial or public operation and occupancy of a building. communication facility, including radio and television broadcasting and receiving stations and Cultural facility. A facility open to the public, studios. providing access to cultural exhibits and activities 3-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 72 DEFINITIONS including but not limited to museums, cultural or Dwelling, multi-family. A single building containing historical centers, non-commercial galleries. A five or more dwelling units. cultural facility may include accessory services such as, but not limited to, retail sales of related items. Dwelling, multi-family conversion. A single building containing five or more dwelling units, Disturbed area. All land areas of a site that are converted from an existing dwelling of four or fewer stripped, graded, grubbed, filled, excavated, or units, or an existing structure in nonresidential use. substantially altered to accommodate construction activity which results in permanent or long-term Dwelling, single‑family. A single building alteration of the land. containing one dwelling unit. Drive-through. A facility which provides a service Dwelling, three-family. A single building containing directly to a motor vehicle occupant and where the three dwelling units. customer drives a motor vehicle onto the premises and to a window or mechanical device through or Dwelling, townhouse. A structure consisting of by which the customer is served with or without two or more dwelling units, the interior of which is exiting the vehicle. Drive-throughs do not include configured in a manner such that dwelling units are major or minor auto service stations. attached horizontally, separated by a party wall, and each dwelling unit is located on a separate lot with a Drive-through features. Features associated with separate exterior entrance. drive-throughs including but not limited to designated travel or stacking lanes, intercom Dwelling, two‑family. A single building containing systems, menu boards, service windows, kiosks, two dwelling units. mechanical devices, etc. Dwelling unit. One or more rooms forming a single Dwelling, four-family. A single building containing unit for habitation by one family, including food four dwelling units. preparation, living, sanitary, and sleeping facilities. Dwelling, live/work. A principal structure that Dwelling unit, accessory. A dwelling unit combines a dwelling unit with a permitted subordinate in size to the principal residential commercial use that is used by one or more of the structure(s) on a lot and located either within the residents. A live/work dwelling may also include the principal residential structure(s) or in an accessory combination of a dwelling unit with arts-related structure. activities, such as painting, photography, sculpture, music, and film, used by one or more of the Earth-moving activity. Any removal or placement, residents. Live/work dwellings are subject to the excavation, filling, stockpiling, or grading of soil, standards for the individual uses contained within earth, loam, sand, gravel, rock, and other mineral this Code. deposits. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-5 Page 73 DEFINITIONS Easement. A right, privilege, or liberty which one include service drops or buildings which are has in land owned by another for some special and necessary for the furnishing of such services. definite purpose. Exhibition, meeting, and convention halls. An Elevation certificate. An official form (FEMA form indoor facility for the conduct of exhibitions, FF-206-FY-22-152, as amended) that is used to verify conventions, or other large gatherings. compliance with the floodplain management regulations of the National Flood Insurance Façade. An exterior building wall, from grade to the Program. top of the parapet or eaves. A facade incorporates the full width of a building elevation, including any Emergency operations. Operations conducted for projections or recesses occurring across an the public health, safety, or general welfare, such as elevation. protection of resources from immediate destruction or loss, law enforcement, and Façade, blank. A building façade that contains operations to rescue human beings and livestock expanses of wall area with no windows, no from the threat of destruction or injury. entrances, no articulation, and no other elements or features, or is otherwise undifferentiated. Emergency shelter. A facility providing temporary overnight shelter to individuals experiencing Family. One or more individuals related by blood, homelessness in a dormitory‑style or per‑bed marriage, civil union, adoption, or guardianship arrangement. and/or up to eight unrelated individuals living together in a dwelling unit as a single nonprofit Entrance, principal. A main point of access for housekeeping unit. pedestrians into a building. Buildings may have more than one principal entrance. Family child care provider. Per 22 M.R.S. §8301- A(1-A)(C), a family child care provider is a person Essential services. The construction, alteration, or who provides day care in that person's home on a maintenance of gas, electrical, or communication regular basis, for consideration, for children under facilities; steam, fuel, electric power, or water 13 years of age who are not the children of the transmission or distribution lines, towers and provider or who are not residing in the provider's related equipment; telephone cables or lines, poles, home. and related equipment; gas, oil, water, slurry, or other similar pipelines; municipal sewage lines, Farmstand. A temporary structure, used for the collection, or supply systems; and associated sale of food or non-food crops grown on the storage tanks. Such systems may include towers, premises. poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, Fill. Soil, earth, loam, sand, gravel, rock and other hydrants, and similar accessories, but shall not mineral deposits. 3-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 74 DEFINITIONS Filling. The placement of soil, earth, loam, sand, Flood boundary and floodway map. The official gravel, rock and other mineral deposits. Filling shall map issued by the Federal Emergency Management include stockpiling. Agency (FEMA) on which the boundaries of the flood have been designated. This may alternatively Fixture, fully shielded. A light fixture or luminous be referred to as a flood hazard boundary map. tube constructed and mounted such that all light emitted by the fixture or tube, either directly from Flood elevation study. An examination, evaluation, the lamp, tube, or a diffusing element, or indirectly and determination of flood hazards and, if by reflection or refraction from any part of the light appropriate, corresponding water surface fixture, is projected below the horizontal. If the lamp elevations. or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or Flood insurance rate map. The official map (FIRM) directly from the side, from any angle around the on which the Federal Emergency Management fixture or tube, the fixture or tube is not fully Agency (FEMA) has delineated both the areas of shielded. special flood hazard and the risk premium zones applicable to the city. Flag. A fabric sheet of square, rectangular, or triangular shape having no enclosing or supporting Floodplain or floodprone area. Any land area framework that is typically mounted on a pole. susceptible to being inundated by water from any source (see Flood or Flooding). Flood or flooding. A. A general and temporary condition of partial or Floodplain management. The operation of an complete inundation of normally dry land areas overall program of corrective and preventive from: measures for reducing flood damage, including but 1. The overflow of inland or tidal waters. not limited to emergency preparedness plans, flood 2. The unusual and rapid accumulation or control works, and floodplain management runoff of surface waters from any source. regulations. B. The collapse or subsidence of land along a shore of a lake or other body of water as a Floodplain management regulations. Zoning result of erosion or undermining caused by ordinances, subdivision regulations, building codes, waves or currents of water exceeding health regulations, special purpose ordinances anticipated cyclical levels or suddenly caused by (such as a floodplain ordinance, grading ordinance, an unusually high water level in a natural body and erosion control ordinance), and other of water, accompanied by a severe storm, or by applications of police power. The term describes an unanticipated force of nature, such as a flash such state or local regulations, in any combination flood or an abnormal tidal surge, or by some thereof, which provide standards for the purpose of similarly unusual and unforeseeable event flood damage prevention and reduction. which results in flooding as defined above. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-7 Page 75 DEFINITIONS Floodproofing. Any combination of structural or or of less than ten acres that is depicted on the nonstructural additions, changes, or adjustments to Shoreland Zoning map. structures which reduce or eliminate flood damage B. Inundated or saturated by surface or ground to real estate or improved real estate, to water and water at a frequency and for a duration sanitary facilities, structures, and their contents. sufficient to support, and which under normal circumstances do support, a prevalence of Floodway encroachment lines. The lines marking wetland vegetation typically adapted for life in the limits of floodways on federal, state, and local saturated soils. floodplain maps. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform Foundation. The supporting substructure of a to the criteria of this definition. building or other structure, excluding wooden sills and post supports, but including basements, slabs, Functionally-dependent use (within the frost walls, or other base consisting of concrete, floodplain). A use that cannot perform its intended block, brick, or similar material. purpose unless it is located or carried out in close proximity to water. The term includes only docking Forested wetland. A freshwater wetland facilities, port facilities that are necessary for the dominated by woody vegetation that is six meters loading and unloading of cargo or passengers, and (approximately 20 feet) tall or taller. ship building and ship repair facilities, but does not include long-term storage or related manufacturing Freeboard. A factor of safety usually expressed in facilities. feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for Garage/yard sale. A temporary event held on the many unknown factors, such as wave action, residential property, during which the owner or bridge openings, and the hydrological effect of occupant offers used personal items, such as urbanization of the watershed, which could clothing, furniture, and household goods, for sale to contribute to flood heights greater than the height the public. calculated for a selected size flood and floodway conditions. General office. An office for the conducting or managing of a business or the practice of a Freshwater wetland. Freshwater swamps, profession, including that of a licensed health care marshes, bogs, and/or similar areas which are both: provider, so long as such office does not include A. Of ten or more contiguous acres or of less than laboratory services and facilities for ambulatory ten contiguous acres and adjacent to a surface surgical procedures. Such an office may or may not water body except for any river, stream or offer services to the public. An office is not brook such that, in a natural state, the materially involved in fabricating, assembling, or combined surface area is in excess of ten acres warehousing of physical products for the retail or 3-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 76 DEFINITIONS wholesale market, nor engaged in the repair of Heliport. An area used for the landing of products or retail services. helicopters at any location other than an airport. Such area shall include a landing area or pad, and General services. Establishment primarily engaged may include parking required for access to the in rendering frequent or recurring services to landing area or pad, a loading and unloading area for persons or business on a fee basis, including but not emergency vehicles, and other related facilities limited to banks, health clubs, laundries, beauty other than maintenance and repair facilities. shops, barber shops, nail salons, electronics repair shops, and the like. Highest Astronomical Tide. The elevation of the highest predicted astronomical tide expected to Greenhouse/nursery (retail). An establishment occur at a specific tide station over the National where flowers, shrubbery, trees, and other Tidal Datum Epoch, or NTDE. horticultural and floricultural products are propagated and sold, which may include gardening Historic rehabilitation. The act or process of and landscape supplies and products, such as making possible a compatible use for a property hardware, garden tools and utensils, paving stones through repair, alterations, and additions while and bricks, bulk materials such as mulch, straw, and preserving those portions or features which convey stone, and other related items for sale. its historical, cultural, or architectural values. Green roof. A roof of a building that is partially or Hospital. An institution providing health services, completely covered with vegetation and designed to primarily on an inpatient basis, and medical or meet the Maine Stormwater Best Management surgical care of the sick or injured, including as an Practices Manual standards and recommendations. integral part of the institution such related facilities A green roof installation must serve the purpose of as laboratories, outpatient departments, training reducing stormwater runoff through retention or facilities, central service facilities, and staff offices. slowing and consist of an assembly that at a minimum includes a root repellent system, a Hostel. An overnight lodging facility for transient drainage system, a filtering layer, a growing medium guests that provides sleeping rooms and common and plants, and shall be installed on a waterproof spaces for cooking. A hostel shall not be used as an membrane. emergency shelter. Ground cover. Small plants, fallen leaves, needles Hotel. A commercial facility that provides sleeping and twigs, and the partially decayed organic matter accommodation for a fee and customary lodging of the forest floor. services. Related accessory uses may include, but are not limited to, meeting facilities, restaurants, Group home. A housing facility for 9 to 12 persons bars, and recreational facilities for the use of guests. with disabilities that is approved, authorized, A hotel has common facilities for reservations, certified, or licensed by the State. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-9 Page 77 DEFINITIONS cleaning services, combined utilities, and on-site Industrial, low-impact. Industrial activity involving management and reception. the manufacturing, packaging, assembly, or distribution of finished or semi-finished products Impervious surface. Area covered with low- from previously prepared material, where such permeability material that is highly resistant to activities are conducted wholly within an enclosed infiltration by water, such as asphalt, concrete, or building. Low-impact industrial uses do not include rooftop, and areas such as gravel roads and the processing of raw materials or salvaging unpaved parking areas that will be compacted operations. Low-impact industrial uses are generally through design or use to reduce their permeability. compatible, due to their size and nature of impact, Common impervious surfaces include, but are not with residential, commercial and other low impact limited to, rooftops, walkways, patios, driveways, industrial uses. parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and Intermodal transportation facility. A facility macadam or other surfaces which similarly impede where two or more modes of transportation the natural infiltration of stormwater. Pervious intersect, passengers can transfer between modes, pavement, pervious pavers, pervious concrete, and and basic passenger amenities are provided. underdrained artificial turf fields are all considered impervious. Kitchen facilities. Facilities used for the preparation of meals, including refrigerators and Impound lot. A facility that provides temporary devices used for the cooking and preparation of outdoor storage for vehicles that are to be claimed food. by titleholders or their agents. An impound lot is typically used for the storage of wrecked motor Laboratory and research facility. A building or vehicles usually awaiting insurance adjustment or group of buildings used for the purpose of transport to a repair shop. Impound lot does not conducting research, investigation, testing, and include impound facilities owned and used by experimentation in any field of science, medicine, or governmental authorities. technology and including facilities such as but not limited to administrative offices, laboratories, and Industrial, high-impact. Industrial activity involving service or machine shops to serve the facility. the manufacturing, packaging, assembly, or Laboratory and research facilities do not include distribution of finished or semi-finished products manufacturing of products for sale. from either raw materials or previously prepared material which are generally incompatible with Limit of Moderate Wave Action (LiMWA). The residential, commercial, and lower-impact industrial landward limit of the 1.5 foot breaking wave within a uses and sensitive natural areas due to their high Coastal AE Zone. These areas are bounded by a line generation of traffic, noise levels, emissions, lighting, labeled “Limit of Moderate Wave Action” (LiMWA) and odors. High-impact industrial includes fish- on a Flood Insurance Rate Map (FIRM). The LiMWA waste processing. line delineates that portion of the Special Flood 3-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 78 DEFINITIONS Hazard Area (SFHA) landward of a VE zone in which separately described in a deed or on a plan the principal sources of flooding are astronomical recorded in the Cumberland County Registry of high tides, storm surges, or tsunamis, not riverine Deeds; b) a contiguous combination of such lots sources. These areas may be subject to wave under common ownership and designated as one effects, velocity flows, erosion, scour, or unit for development; or c) a newly established combinations of these forces. The floodplain parcel meeting all the dimensional requirements of development and construction standards for VE the zone in which it is located. Zones will be applied in the Coastal AE Zone. Lot, nonconforming. A lot which, at the effective Locally-established datum. For purposes of the date of adoption or amendment of this Code, does floodplain ordinance, an elevation established for a not meet the minimum lot area or minimum street specific site to which other elevation at the site are frontage requirements of the zone in which it is referenced. This elevation is generally not located. referenced to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD), Lot, through. A lot that fronts upon two parallel or any other established datum and is used in areas streets, or which fronts upon two streets which do where mean sea level data is too far from a specific not intersect at the boundaries of the lot. site to be practically used. Lot, flag. A lot platted so that the main building site Lodging house. A house, building or portion area (the “flag”) is set back from the street on thereof containing five or more rooming units, as which it fronts, and includes an access strip (the well as common areas, and providing such units to “pole”) connecting the main building site with the individuals on not less than a monthly basis for street. compensation. Lodging house common areas. Portions of a lodging house which are available for use by residents of the lodging house. Lodging house common areas shall include, but are not limited to, one or more of the following: kitchens, living rooms, recreation rooms, improved basements, and finished porches. Bathrooms, stairways, hallways, and storage areas shall not be counted as lodging FIGURE 3-A: FLAG LOT house common areas. Lowest floor (within the floodplain). The lowest Lot. A lawfully created parcel or area of land that is floor of the lowest enclosed area (including designated as an individual unit for use, basement). An unfinished or flood resistant development, or ownership that is either: a) FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-11 Page 79 DEFINITIONS enclosure, usable solely for parking of vehicles, binding agreement for future sales for the building access, or storage, in an area other than a applicable length of time in this ordinance. basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as Marijuana cultivation facility. A cultivation facility to render the structure in violation of the applicable required to be licensed pursuant to 28-B M.R.S. § non-elevation design requirements of Article 12. 201 or any other facility engaged primarily in the business of planting, propagation, growing, Low-income household. A household having an harvesting, drying, curing, grading, trimming, or income not exceeding 80% of median income for other processing of marijuana, including mature area of residence as set forth in regulations marijuana plants, immature marijuana plants, promulgated from time to time by the United States seedlings, and marijuana seeds, for use or sale. Department of Housing and Urban Development pursuant to 42 U.S.C. sections 1437 et seq. Marijuana manufacturing facility. A manufacturing facility required to be licensed Low-income housing unit for rent. A dwelling unit pursuant to 22 M.R.S. § 2423-F or 28-B M.R.S. § 201. for which: A. The rent is affordable to a household earning Marijuana, plant canopy. As defined by 28-B M.R.S. 80% or less of Area Median Income (AMI) as § 102. defined by the United States Department of Housing and Urban Development (HUD). Marijuana product. As defined by 22 M.R.S. § 2422 B. The unit is rented to a household earning 80% or 28-B M.R.S. § 102. or less of AMI. C. The requirements of (A) and (B) above are Marijuana, registered dispensary. A registered limited by deed restriction or other legally medical marijuana dispensary as defined by 22 binding agreement for the applicable length of M.R.S. § 2422. time in this ordinance. Marijuana, registered patient. As defined by 22 Low-income housing unit for sale. A dwelling unit M.R.S. § 2422. for which: A. The sale price is affordable to a household Marijuana retail store. A retail establishment earning 100% or less of Area Median Income licensed to sell marijuana, marijuana products, (AMI) as defined by the United States immature marijuana plants, and seedlings to adult Department of Housing and Urban use or medical marijuana customers. A marijuana Development (HUD). retail store is only authorized as a principal use, and B. The unit is sold to a household earning 100% or is not permitted as an accessory use. A marijuana less of AMI. retail store shall not include a registered dispensary. C. The requirements of (A) and (B) above are limited by deed restriction or other legally 3-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 80 DEFINITIONS Marijuana, small-scale caregiver. A registered Mean high tide. The mean height of tidal high caregiver who sells or dispenses marijuana to no waters at a particular point or station over a period more than five individual registered patients in any of time to such length that increasing its length one calendar month; does not process or does not appreciably change this mean. For tidal manufacture marijuana using chemicals or solvents; waters, the cycle of change covers a period of 19 and cultivates no more than: 1) 250 square feet of years, and mean high tide is defined as the average plant canopy where located in a single-family of the high waters over a 19-year period. dwelling or commercial space; or 2) 125 square feet of plant canopy where located in a dwelling unit Mean sea level (within the floodplain). For within a two-family or multi-family building. purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of Marijuana testing facility. A facility licensed to 1929, North American Vertical Datum (NAVD), or develop, research and test marijuana, marijuana other datum, to which base flood elevations shown products and other substances as defined by 22 on the City’s FIRM are referenced. M.R.S. § 2422 or 28-B M.R.S. § 102. Mid-block permeability. A continuous, open-air Marina. A commercial operation providing floats, corridor at least 20’ in width that physically or slips, and piers intended primarily for berthing of visually connects two streets or public rights-of-way noncommercial vessels and the provision of related and provides a break in the street wall. The corridor services such as supplies, fuel, equipment and must be unobstructed and open to the sky. repairs, which may be provided both to tenants and non-tenants. Moderate-income household. A household having an income not exceeding 120% of median income Market garden. An area of land or a facility, for area of residence as set forth in regulations managed and maintained by an individual, group, or promulgated from time to time by the United Sates business to grow and harvest food and non-food Department of Housing and Urban Development crops to be sold for profit on-site, off-site, or both. pursuant to 42 U.S.C. sections 1437 et seq. Market gardens may be located outdoors or fully enclosed within a permanent building. Market National Geodetic Vertical Datum (NGVD). The gardens do not include the cultivation of marijuana. national vertical datum, a standard established in 1929, which is used by the National Flood Insurance Market value. The estimated price a property will Program (NFIP). NGVD is based upon mean sea bring in the open market and under prevailing level in 1929 and also has been called “1929 Mean market conditions in a sale between a willing seller Sea Level (MSL)”. and a willing buyer, both conversant with the property and with prevailing general price levels. Neighborhood nonresidential reuse. Select nonresidential uses located within a residential neighborhood to serve nearby residents, and FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-13 Page 81 DEFINITIONS occupying a structure which is nonresidential in its subsidence, and the increasing use of satellite original construction and/or current principal use. technology. Non-commercial vessel berthing. The use of Object (within Article 16). A material thing of berthing space for berthing of watercraft other than functional, aesthetic, cultural, historical, or scientific commercial vessels. Berthing space used in the value that may be, by nature or design, movable yet following manner shall not be included in the related to a specific setting or environment. calculation of the number of linear feet under this use category: Office park. A development of one or more A. Space used principally for sale or repair of buildings designed to accommodate offices, vessels. laboratory and research facilities, high-tech B. Commercial vessel tenant space used by a manufacturing, and similar uses with no outdoor noncommercial vessel for a period not storage. An office park may also include hotels, exceeding ten consecutive days while the medical/dental offices, and supportive commercial primary commercial vessel tenant is conducting uses for the primary convenience of office park its business or trade. workers and visitors, including limited retail, general services, financial institutions, child care centers and Normal high-water line (non-tidal waters). That small child care facilities, and restaurants. line which is apparent from visible markings, changes in the character of soils due to prolonged Off-peninsula. All land located north of I-295. action of the water or changes in vegetation, and which distinguishes between predominantly aquatic 100-year flood. See base flood. and predominantly terrestrial land. Areas contiguous with rivers that support non-forested On-peninsula. All land located south of I-295. wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the Open space. Land and water areas designed and river during the period of normal high-water are reserved for use as active or passive recreation considered part of the river. areas or for preservation purposes. North American Vertical Datum (NAVD). The Open space, public. Open space maintained for national datum whose standard was established in the use of the general public. Public open space may 1988, which is the new vertical datum used by the include parks, plazas, and public seating areas. National Flood Insurance Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based Outlet stream. Any perennial or intermittent upon vertical datum used by other North American stream, as shown on the most recent highest countries such as Canada and Mexico and was resolution version of the national hydrography established to replace NGVD because of constant dataset available from the United States Geological movement of the earth’s crust, glacial rebound and Survey on the website of the United States 3-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 82 DEFINITIONS Geological Survey or the national map, that flows Post-secondary school. A facility for post- from a freshwater wetland. secondary higher learning that grants associate or bachelor's degrees. The institution may also have Owner. Any person that has any interest, legal or research facilities and/or professional schools that beneficial, in any parcel or lot. grant master and doctoral degrees. Post-secondary schools may also include additional uses as part of Park. A noncommercial public facility that serves the principal use, such as dormitories, cafeterias, the recreational needs of residents and visitors. Park restaurants, retail sales, indoor or outdoor includes, but is not limited to, playgrounds, recreational facilities, preschool facilities, and similar ballfields, golf courses, gymnasiums, playing fields, uses. courts, dog parks, skateboard parks, pools, community gardens, marinas, sports complexes, and Private club or non-profit social and recreational passive recreation areas. Parks may also include facility. A private club or nonprofit social and non-commercial indoor or outdoor facilities, recreational facility is open exclusively to members including zoos and amphitheaters, accessory and to their bona fide guests accompanying them, services such as, but not limited to, restaurant and in order to promote fellowship, social living, proper retail establishments, and temporary outdoor uses recreation, civic responsibility, neighborhood such as festivals and performances. responsibility, community welfare, or other endeavors. It shall be permissible to serve food and Party wall. Any partition wall common to two meals on such premises provided adequate dining adjacent or attached buildings. room space and kitchen facility are available and are provided within all regulations of this Land Use Place of assembly. A building or portion of a Code and other applicable codes and ordinances. building used as a community hall, private club, fraternal organization, or place of religious Real estate project sales office/model unit. assembly. This definition shall not include buildings A residential unit or other structure within a or portions of buildings used as a community hall, development that is temporarily used for display private club or non-profit social and recreational purposes as an example of dwelling units available facility, or place of religious assembly where eight or for sale or rental in a residential development fewer people, not including the permanent and/or sales or rental offices for dwellings within the residents of a single-family dwelling, assemble. A development. place of assembly may include accessory uses, such as childcare facilities or preschools, meeting rooms, Recent floodplain soils. Recent floodplain soils include the following soil series as described and food preparation and dining areas, auditoriums, identified by the National Cooperative Soil Survey: and/or classrooms. Alluvial. Charles, Cornish, Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney, Saco, Suncook, Sunday, and Winooski. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-15 Page 83 DEFINITIONS Recreational vehicle. A vehicle that is: river or other watercourse and the adjacent land A. Built on a single chassis; areas to a distance of 1/2 the width of the floodplain, B. 400 square feet or less when measured at the as measured from the normal high-water mark to largest horizontal projection, not including the upland limit of the floodplain. slideouts; C. Designed to be self-propelled or permanently Relocation. The act or process of taking a structure towable by a motor vehicle; or object and moving it from its current location or D. Designed primarily not for use as a permanent orientation to a new location or orientation. dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; Riverine. Relating to, formed by, or resembling a and river (including tributaries), stream, brook, etc. E. Registered as a motor vehicle with tires attached and on the ground. Residential care facility (small). A facility which provides, on a regular basis, medical or non-medical Recreation and amusement center. A facilities care and services for up to 16 individuals in separate equipped for the conduct of sports and athletic dwelling or rooming units. Said facility must be events or leisure time recreation activities. Such licensed as a board care, residential care facility or facilities may limit admission either to members or equivalent pursuant to the regulations promulgated to persons paying an entrance fee. Recreation and by the State of Maine Department of Health and amusement centers may be indoor or outdoor. Human Services. They do not include stadiums. Residential care facility (large). A facility which Recycling facility. A facility engaged exclusively in provides, on a regular basis, medical or non-medical the collection, separation, recovery and sale or care and services for 17 or more individuals in reuse of materials that would otherwise be disposed separate dwelling or rooming units. Said facility of or processed as waste or the mechanized must be licensed as a board care, residential care separation and treatment of waste, other than facility or equivalent pursuant to the regulations through combustion, and the creation and recovery promulgated by the State of Maine Department of of reusable materials other than as a fuel for the Health and Human Services. generation of electricity. Restaurant. Any food service establishment with Regulatory floodway. The channel of a river or indoor seating capacity for ten or more patrons. other watercourse and the adjacent land areas that must be reserved in order to discharge the base Retail. Any shop or store offering goods or flood without cumulatively increasing the water merchandise to the general public for direct surface elevation more than a designated height. consumption and not for resale, or food service When not designated on the Flood Insurance Rate establishment with indoor seating capacity for nine Map (FIRM), it is considered to be the channel of a 3-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 84 DEFINITIONS or fewer patrons. Retail shall not include gasoline, Sea Level Rise-Design Flood Elevation (SLR- diesel, or propane fuel sales. DFE). The minimum elevation required for a finished ground floor level in the Coastal Flood Riprap. Rocks, irregularly shaped, and at least six Resilience Overlay Zone (CFROZ). inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two Seedling. A young tree species that is less than four units horizontal to one unit vertical or less. and one half feet in height above ground level. River. A free-flowing body of water including its Self-storage facility. A facility for the storage of associated floodplain wetlands from that point at personal property, where individual renters control which it provides drainage for a watershed of 25 and access individual storage spaces. Self-storage square miles to its mouth. facilities may be designed with individual storage spaces located within a fully enclosed, climate Riverine. Relating to, formed by, or resembling a controlled building, with individual storage spaces river (including tributaries), stream, brook, etc. accessed from the outdoors, or with a combination of storage spaces. Administrative offices for the Roadway. That portion of a street between the facility, and retail sales of related items, such as regularly established curblines, or that part of a moving supplies may be included. street or alley devoted to vehicular or bicycle traffic. Sexually explicit. The display or depiction of sex Rooming unit. One or more rooms forming a single organs during actual or simulated sexual intercourse unit used, or intended to be used, for living and or sexual acts as defined in 17 A M.R.S. § 251. sleeping purposes by an individual or a family, but not designed for food preparation. In a suite of Shoreline. The normal high-water line, or upland rooms, each room that provides sleeping edge of a freshwater or coastal wetland. accommodation shall be counted as one rooming unit for the purpose of this chapter. Sidewalk. That portion of a street not included in the roadway, and devoted in whole or part to Sapling. A tree species that is less than two inches pedestrian traffic. in diameter at four and one half feet above ground level. Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, Sea Level Rise-Base Flood Elevation (SLR-BFE). situated outdoors or indoors, which is designed, 13 feet NAVD88, or the predicted height of flood constructed, intended, or used to advertise, provide waters that may occur as the result of a 100 year information in the nature of advertising, provide storm in conjunction with 3.9 feet of base sea level historical, cultural, archeological, ideological, rise. political, religious, or social information, or direct or attract attention to an object, person, institution, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-17 Page 85 DEFINITIONS business, product, service, message, event, or Sign, building-mounted. Sign attached to, location by any means, including words, letters, connected to, erected against the wall, parapet, or figures, designs, symbols, fixtures, colors, or fascia of a building or structure. illumination. Sign, bus shelter. As specified in 23 M.R.S. §1908-A, Sign, animated. Flashing, blinking, reflecting, any outdoor sign visible to the traveling public from revolving, or other similar sign with visibly moving public right-of-way that is affixed to a publicly- or rotating parts or visible mechanical movement of owned bus shelter operated by a transit agency. any kind. Sign, cabinet. A permanent building-mounted or Sign, awning. Any sign that is part of or attached to freestanding sign with its text and/or logo symbols an awning over a door, entrance, window, and artwork on a translucent face panel that is storefront, or outdoor service area. mounted within a metal frame or cabinet that contains the lighting fixtures which illuminate the Sign, A-Frame. A pedestrian-oriented self- sign face from behind. supporting sign that is not permanently affixed to a structure or the ground. Sign, canopy. A sign that is printed, painted, or affixed to a canopy, typically used to accent building Sign, bandit. Any advertising sign that is placed on entries. public property or on private property without the consent of the property owner or as authorized in Sign, center identification. A sign identifying the this article. name of a building, office park, or shopping center only. Sign, blade. A permanent, pedestrian-scaled sign mounted either to the wall of building by means of a Sign, changeable copy. A sign that is designed so bracket or attached to the underside of a lintel, that characters, letters, numbers, or illustrations can arch, or other overhead structure above a porch or be manually or mechanically changed or rearranged walkway and which is typically hung perpendicular without altering the face or surface of the sign. For to the wall of the building. the purposes of this article, a sign whose message changes more than eight times per day is Sign, building identification. A sign consisting of considered an animated sign and not a changeable letters or numbers applied to a building wall, copy sign. engraved into the building material, or consisting of a sculptural relief which contains the name of the Sign, directional. A sign erected to inform the building or describes its function, but which does viewer of the approximate route, direction, or not advertise any individual tenant of the building or location of a facility or use. any products or services offered. 3-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 86 DEFINITIONS Sign, direct illumination. Illumination resulting Sign, incidental. A sign which provides incidental from light emitted directly from an exposed light information, including security, credit card bulb or light fixture, and not light diffused through acceptance, business hours, open/closed, directions translucent signs or reflected from other surfaces to services and facilities, or menus. such as the ground or building face. Sign, individual letter. A cut-out or etched letter Sign, directory. A permanent sign which provides or logo which is individually mounted on a building information in a list, roster, or directory format. wall or freestanding sign. Sign, Electronic Message. A sign or portion of a Sign, internally illuminated. Any sign in which the sign that utilizes computer-generated messages or source of light is entirely enclosed or backlit (halo) some other electronic means of changing its within the sign and not directly visible. characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated Sign, landmark. A permanent sign indicating graphics and video, by electronic or automatic individual historic landmarks, local historic districts, means. An Electronic Message Sign is not a Single- or otherwise determined by the City to have or Two-Color LED Sign. attained a high degree of community, cultural, aesthetic, or historic significance. Sign, externally-illuminated. A sign whose illumination is reflected from its source by the sign Sign, logo. A stylized group of letters, words, surface to the viewer's eye, the source of light not numbers, or symbols used to represent and being visible to the viewer. (See Section 19.7.3(C).) distinguish a business, product, or organization. Sign, feather banner. A temporary sign that is Sign, marquee. A permanent sign structure placed taller than it is wide and made of a flexible material over the entrance to a building and typically used (typically cloth, nylon, or vinyl) and mounted to a for a theater or other entertainment use. pole to fly freely. Sign, monument. A permanent freestanding sign Sign, freestanding. A permanent sign that is with a solid base that is at least 60% the width of erected or mounted on its own self-supporting the sign face. permanent structure or base detached from any supporting elements of a building. Sign, off-premise. Any sign that directs attention to a business, commodity, service, entertainment, Sign, fuel pump topper. A temporary sign affixed product, structure, use, or property different from a to the top of an operable fuel dispensing pump used structure or use existing on the property where the to advertise goods offered for sale on the same sign is located, and/or any sign on which space is parcel on which the fuel pump is located. rented, donated, or sold by the owner of said sign FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-19 Page 87 DEFINITIONS or property for the purpose of conveying a plane of wall or fascia to which it is affixed or message. erected. Sign, permanent. A sign intended to exist for the Sign, wall banner. A temporary sign constructed of duration of time that the use or occupant is located cloth, bunting, plastic, paper, or similar non-rigid on the premises. material, and securely attached to the wall or support structure for which it is advertising. Flags Sign, pole. An elevated permanent sign typically are not considered temporary wall banners. supported by one or two poles, posts, or columns that do not meet the base width requirements for a Sign, window. A permanent or temporary sign monument sign. posted, painted, placed, or affixed in or on a window, or otherwise exposed to public view Sign, projecting. A permanent sign that is attached through a window. to and extends perpendicular from a building from the wall. Sign, Yard, Type I. A small temporary sign typically constructed of corrugated plastic and supported on Sign, service island canopy. A permanent sign a wire frame used, for example, for advertising by mounted on or under a service island canopy, local businesses or by election campaigns. including on a fascia. Sign, Yard, Type II. A temporary sign mounted on a Sign, single-color or two-color LED. A permanent single post installed securely in the ground with a or temporary sign or portion of a sign composed of small sign hanging from a cross-bar mounted single-color or two-color LEDs that displays static or parallel to the ground. changeable sign messages using characters, letters, and numbers only. Examples of these signs include, Sign, Yard, Type III. A temporary large sign but are not limited to, "open" or "closed" signs, time mounted on two posts installed securely in the and temperature" signs, or signs indicating the ground. number of available spaces in a parking garage. Sign copy. Any graphic, word, numeral, symbol, Sign, temporary. A sign which is intended for a insignia, text, sample, model, device, or combination limited period of display and which is designed to be thereof that is primarily intended to advertise, moved easily and is not permanently affixed to a identify, or notify. structure, sign area, or window. Sign face. The exterior surface of a sign, exclusive Sign, wall. A permanent sign affixed to or erected of structural supports, on which is placed the sign against the wall or fascia of a building or structure, copy. with the exposed face of the sign parallel to the 3-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 88 DEFINITIONS Sign substructure. The supports, uprights, bracing intended to provide for the collection, storage, and and/or framework of a sign. distribution of solar energy for heating or cooling, electricity generation, or solar/thermal hot water Site. All contiguous land under the same ownership systems. Solar energy systems shall include the or control, whether proposed for development or following: not, except where development is limited to a lot or A. Solar energy system, accessory. A system as lots within a subdivision. defined above, where power generation is incidental to a principal use. Accessory solar Site (within Article 16). The location of a energy systems include building-integrated or significant event, an archaeological site, a landscape roof-mounted systems of any size, or ground- or traditional cultural property, or a building or mounted systems of less than 1,000 square structure, whether standing, ruined, or vanished, feet in area. where the location itself maintains historical or B. Solar energy system, minor. A system as archeological value regardless of the value of any defined above, between 1,000 and 9,999 existing structure. square feet in area, where power generation is considered a principal use. Minor solar energy Social service center. A service establishment that systems may take the form of either a building- provides assistance for those recovering from integrated or roof-mounted solar array or a chemical or alcohol dependency; survivors of abuse ground-mounted system. seeking support; those transitioning from C. Solar energy system, major. A system as homelessness or prior incarceration; and those with defined above, of 10,000 square feet or more health and disability concerns. It does not include in area, where power generation is considered in-patient, overnight, or living quarters for recipients a principal use. Major solar energy systems may of the service or for the staff. Such service does not take the form of either a building-integrated or include medical examinations or procedures, or roof-mounted solar array, or a ground- medical detoxification, dispensing of drugs or mounted system. medications, or other treatments normally conducted in a medical office. Solar energy system, building-integrated. A solar energy system that is an integral part of a principal Solar access. Space open to the sun and clear of or accessory building and include, but are not overhangs or shade, including orientation of limited to, photovoltaic or hot water systems that buildings and lots to the sun, so as to permit the use are contained within roofing materials, windows, of active and/or passive solar energy systems on walls, skylights and awnings. individual properties. Solar energy system, ground-mounted. Also Solar energy system. A complete assembly known as free-standing solar energy systems, a solar consisting of one or more solar collectors and energy system that is structurally mounted to the associated mounting hardware or equipment, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-21 Page 89 DEFINITIONS ground. The panels may be stationary or revolving includes preparation, processing, canning, or and of any size. packaging of food products where all processing is completely enclosed and there are no outside Solar energy system, roof-mounted. A solar impacts. Specialty food service does not include energy system in which solar panels are mounted production of alcohol. on top of the structure of a roof either as a flush- mounted system or as modules fixed to frames Stadium. A commercial structure with tiers of seats which can be tilted toward the south at an optimal and/or viewing areas around and/or adjacent to a angle. field, court, or stage, intended to be used for the viewing of athletic events, entertainment, concerts, Solid waste disposal facility. A solid waste facility and other public gathering purposes. Stadiums may for the incineration or landfilling of solid waste or be indoor or outdoor. refuse-derived fuel. Facilities that burn material- separated, refuse-derived fuel, either alone or in Stockpiling. Any placement or creation of piles or combination with fuels other than municipal solid loads of soil, loam, sand, gravel, rock, or other waste or refuse-derived fuels, are not solid waste mineral deposits upon a site for the purpose of disposal facilities. storage, warehousing, or reserving for future use. Sounds, impulse. Sound events characterized by Stormwater retention area. A pond or basin used brief excursions of sound pressure, each with a for the permanent storage of stormwater runoff. duration of less than 1 second. Stormwater detention area. A storage area for the Sounds, tonal. Sound waves usually perceived as a temporary storage of stormwater runoff which hum or whine because their instantaneous sound does not contain water during non-storm pressure varies essentially as a simple sinusoidal conditions. function of time. Stream. A free‑flowing body of water from the Special Flood Hazard Area. See area of special outlet of a great pond or the confluence of two flood hazard. perennial streams as depicted on the most recent, highest resolution version of the national Specialty food service. A business that specializes hydrography dataset available from the United in the sale of certain food products and/or the on- States Geological Survey on the website of the site production of items, such as a delicatessen, United States Geological Survey or the national map bakery, candy maker, meat market, catering to the point where the stream becomes a river or business, cheesemonger, coffee roaster, or where the stream meets the Shoreland Zone of fishmonger, and may offer areas for ancillary retail another water body or wetland. When a stream sales or eating and drinking areas that serve the meets the Shoreland Zone of a water body or products processed on-site. Specialty food service wetland and a channel forms downstream of the 3-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 90 DEFINITIONS water body or wetland as an outlet, that channel is Structure, nonconforming. A structure which also a stream. does not meet applicable dimensional requirements but which is allowed solely because it was in lawful Street. A public way established by or maintained existence at the time this Code or subsequent under public authority, or a way dedicated to the amendments took effect. use of the public and appearing on the official map of the city. Structure, principal. The main structure on a lot having the predominant area, extent, or use. A lot Street, cul-de-sac or dead end. A street with only may have more than one principal structure. one outlet. Studios for artists and craftspeople. A facility for Street line. The line of demarcation between the production of arts and crafts products such as private property and a street. paintings, sculpture, or other arts, or the practice of arts such as music or dance, or the production of Structure. Anything temporarily or permanently custom, hand-crafted, or limited production of located, built, constructed, or erected for the products such as furniture, wood, clay, and metal support, shelter, or enclosure of persons, animals, products, publications, and similar low-impact arts goods, or property of any kind or anything located, and crafts activities. built, constructed, or erected on or in the ground or on another structure. The term includes decks and Subdivision. As defined in 30 A M.R.S. § 4401 and satellite dishes. Structure does not include fences, 4402. poles and wiring and other aerial equipment normally associated with service drops, including Tasting room. A facility for the sampling of beer, guy wires and guy anchors or subsurface wine, spirits, other alcoholic or non-alcoholic wastewater disposal systems. Inside the Shoreland beverages, or food. Overlay Zone, patios and at-grade walkways shall be considered structures. Telecommunication tower. Radio masts or tower structures built primarily to hold Structure (within Article 16). A human-made telecommunication antennas. construction built for purposes other than human shelter. It can be an engineering project large in Temporary contractor’s office and contractor’s scale, such as a bridge or tunnel. yard. A short-term, portable, or modular structure utilized as a watchman's quarters, construction Structure, accessory. A structure on a lot that is office, or equipment shed during the construction incidental and subordinate in area, extent, and/or of a new development. This may include a use to the principal structure on the lot. A lot may contractor's yard where materials and equipment have more than one accessory structure. are stored in conjunction with a construction project. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-23 Page 91 DEFINITIONS Temporary outdoor sales. Temporary uses, which Tree, feature mature. A tree that meets at least may include temporary structures where goods are one of the following criteria: sold, such as but not limited to arts and crafts fairs, A. Any tree that is on the Register of Big Trees flea markets, rummage sales, consignment auctions, promulgated by the Maine Department of and holiday sales such as Christmas tree lots and Agriculture, Conservation & Forestry (the “Big pumpkin sales lots. Temporary outdoor sales does Tree List”) not include garage/yard sales, or outdoor sales B. Certain trees 24” in diameter or greater related to a retail goods establishment where such (diameter at breast height or DBH) as identified goods are part of the establishment’s regular items by the City Arborist offered for purchase. C. Ornamental trees 12” in diameter or greater (diameter at breast height or DBH) as identified Temporary outdoor storage container. by the City Arborist Temporary self-storage containers, delivered to a D. Rare tree specimen to include either a tree residence or business for the purpose of storing species classified as rare or endangered at items, and subsequently picked up and stored at an either the state or federal level, and/or stands off-site location until scheduled for retrieval. of native trees that are rare or threatened as identified by the City Arborist. Tenant. Any occupant in lawful possession of a rental unit, whether by lease, sublease, or otherwise. Tree, hazard. A tree with a structural defect, combination of defects, or disease resulting in a Theater or performance hall. Any establishment structural defect that under the normal range of devoted to showing motion pictures, or for environmental conditions at the site exhibits a high dramatic, musical, or live performances. probability of failure and loss of a major structural component of the tree in a manner that will strike a Tidal waters. All waters affected by tidal action target. A normal range of environmental conditions during the highest annual tide. does not include meteorological anomalies, such as, but not limited to: hurricanes; hurricane-force Transient guest. A person who occupies a facility winds; tornados; microbursts; or significant ice offering accommodations on an overnight basis for storm events. Hazard trees also include those trees compensation and whose actual occupancy is that pose a serious and imminent risk to bank limited to no more than 15 days out of any 60‑day stability. A target is the area where personal injury period. or property damage could occur if the tree or a portion of the tree fails. Targets include roads, Tree. A woody perennial plant with a well-defined driveways, parking areas, structures, campsites, and trunk(s) at least two inches in diameter at four and any other developed area where people frequently one half feet above the ground, with a more or less gather and linger. definite crown, and reaching a height of at least 10 feet at maturity. 3-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 92 DEFINITIONS Tree, ornamental. Any tree, shrub, or other plant sufficient to support wetland vegetation, or where grown primarily for decorative purposes and whose the soils support the growth of wetland vegetation mature height can be expected to be between three but such vegetation is dominated by woody stems feet and 25 feet. that are six meters (approximately 20 feet) tall or taller. Tree, shade. Any tree, evergreen or deciduous, planted primarily for its high crown of foliage and Use. The purpose for which land or structures whose mature height can be expected to exceed 25 thereon is designed, arranged, or intended to be feet. occupied, or for which it is occupied, maintained, rented, or leased. Tree, storm-damaged. A tree that has been uprooted, blown down, is lying on the ground, or Use, nonconforming. Use of buildings, structures, that remains standing and is damaged beyond the or land which is not allowed in the zone in which it point of recovery as the result of a storm event. is situated, but which is allowed to remain solely because it was in lawful existence at the time this Tree, street. Tree planted in the public right-of-way Code or subsequent amendments took effect. and/or private roadway. Utility substation. Any sewage or water pumping Tributary stream. A channel between defined station, electric power substation, transformer banks created by the action of surface water, which station, telephone equipment enclosures, or other is characterized by the lack of terrestrial vegetation similar structures owned or operated by a utility. or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, Vegetation. All live trees, shrubs, ground cover, and parent material or bedrock; and which is connected other plants including, without limitation, trees both hydrologically with other water bodies. Tributary over and under four inches in diameter, measured stream does not include rills or gullies forming at four and one‑half feet above ground level. because of accelerated erosion in disturbed soils where the natural vegetation cover has been Vegetation, climate resilient northeast native. removed by human activity. Plants identified as native to the northeast as identified by the Northeast Regional Invasive Upland edge of a wetland. The boundary between Species & Climate Changes (RISCC) Network or a upland and wetland. For purposes of a coastal Maine licensed landscape architect. wetland, this boundary is the line formed by the landward limits of the salt tolerant vegetation Vegetation, native. Vegetation indigenous to local and/or the highest astronomical tide level, including forests. all areas affected by tidal action. For purposes of a freshwater wetland, the upland edge is formed Vegetation, non-native invasive species. Species where the soils are not saturated for a duration of vegetation listed by the Maine Department of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-25 Page 93 DEFINITIONS Agriculture, Conservation, and Forestry as being and boating facilities, finfish and shellfish invasive in Maine ecosystems and not native to processing, fish-related storage and retail and Maine ecosystems. wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building Veterinary services. An establishment for the facilities, marinas, navigation aids, basins and treatment of animals, where animals may be channels, shoreline structures necessary for erosion boarded during their convalescence control purposes, industrial uses dependent upon water-borne transportation or requiring large Very low-income household. A household having volumes of cooling or processing water that cannot an income not exceeding 50% of median income for reasonably be located or operated at an inland site, area of residence as set forth in regulations and uses that primarily provide general public promulgated from time to time by the United States access to coastal or inland waters. Recreational boat Department of Housing and Urban Development storage buildings are not considered to be a pursuant to 42 U.S.C. section 1437 et seq. functionally water-dependent use. Warehousing and distribution facility. The Wetlands (outside of the Shoreland Overlay storage of goods, wares, and merchandise in a Zone). Those areas which have two or more of the warehouse from which distribution occurs. May following: include wholesale use, but not retail or direct sales A. A water table at or near the surface during the to consumers. Warehousing and distribution growing season; facilities do not include self-storage facilities. B. Very poorly drained soils, including Sebago mucky peat; or Watercourse. Any natural or artificial stream, river, C. Obligate wetland vegetation. creek, ditch, channel, swale, canal, conduit, culvert, Very poorly drained soils and obligate wetland drain, waterway, gully, ravine, or wash in which vegetation shall be as defined and illustrated in the water flows in a definite direction or course, either United States Department of Interior, Fish and continuously or intermittently, or which has a Wildlife Service publication of Wetland Plants of the definite channel, bed, and banks, and includes any State of Maine (1986). area adjacent thereto subject to inundation by reason of overflow or floodwater. Wind energy system. A system of components that converts the kinetic energy of the wind into Water‑dependent uses. Those uses that require, electrical or mechanical power. A wind energy for their primary purpose, location on submerged system comprises all necessary components lands or that require direct access to, or location in, including turbines, energy storage, power coastal or inland waters and which cannot be conditioning, control systems, transmission systems located away from these waters. Inside the (where appropriate) and structural support systems Shoreland Overlay zone, these uses include, but are to provide electricity or mechanical power for not limited to, commercial and recreational fishing residential, commercial, industrial, utility, or 3-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 94 DEFINITIONS governmental use. Wind energy systems shall A. The purchase price is affordable to a household include the following: earning 80% or less of AMI. A. Wind energy system, accessory: A system as B. The unit is sold to a household earning 80% or defined above, where power generation is less of AMI. incidental to a principal use. Accessory wind C. The requirements of (A) and (B) above are energy systems include roof-mounted systems, limited by deed restriction or other legally and ground-mounted systems less than 45 feet binding agreement for the applicable length of in height. time in this ordinance. B. Wind energy system, minor: A system as defined above, where power generation is considered a principal use. Minor wind energy systems are ground-mounted systems measuring between 45 feet and 85 feet in height. C. Wind energy system, major: A system as defined above, where power generation is considered a principal use. Major wind energy systems are ground-mounted systems measuring between 85 feet and 160 feet in height. Wholesale. Sale for resale, not for direct consumption. Workforce housing unit for rent. A dwelling unit for which: A. The rent is affordable to a household earning 80% or less than of AMI. B. The unit is rented to a household earning 80% or less of AMI. C. The requirements of (A) and (B) above are limited by deed restriction or other legally binding agreement for the applicable length of time in this ordinance. Workforce housing unit for sale. A dwelling unit for which: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-27 Page 95 NONCONFORMING USES, STRUCTURES, & LOTS 4 NONCONFORMING USES, 4.2 NONCONFORMING USES STRUCTURES, & LOTS 4.2.1 Expansion of nonconforming use A nonconforming use of a structure or land shall 4.1 IN GENERAL not be expanded or increased in intensity. 4.1.1 Continuation Expansion shall include any addition, extension, or Any building, structure, lot, or use that legally enlargement that increases the cubical content of existed at the time of its creation and has been any structure devoted entirely to a nonconforming made nonconforming by the provisions of this Land use, and any extension or relocation of a Use Code or any subsequent amendment hereto nonconforming use to any other structure, portion may be continued, subject to the provisions of this of floor area, or land area currently not occupied by article, so long as it remains otherwise legal. such nonconforming use. This provision shall not apply in the case of expansion of a nonconforming 4.1.2 Burden on property owner use solely for the purpose of bringing the use into The burden of establishing the legality of a compliance with health or safety codes, or to nonconformity under the provisions of this Land correct a condition which is determined by the Use Code is the responsibility of the property owner Board of Appeals to constitute a health or safety or operator of the nonconforming use, lot, building, problem. Any such expansion shall be limited to the or structure. Based upon the evidence presented, minimum necessary to accomplish that purpose. the Building Authority or their designee will make a Except as expressly provided herein, any expansion, determination of the validity of the nonconforming extension, or enlargement permitted under this status. subsection shall be in compliance with all other applicable sections of this Land Use Code. Nothing 4.1.3 Unlawful use, lot, building, or structure within this subsection shall be construed to permit Any use lot, building, or structure established or an increase in the number of units in a building constructed in violation prior to the effective date which is nonconforming as to the number of of this Land Use Code shall not be regarded as dwelling units or will become nonconforming as a lawfully nonconforming, and is not entitled to any result of such alteration, modification, or addition. rights established within this Section. 4.2.2 Change of nonconforming use 4.1.4 Safety regulations A. A nonconforming use shall only be changed to All police power regulations enacted to promote a use that is permitted in the zone in which the public health, safety, and welfare, including but not use is located. When a nonconforming use has limited to all building, fire, and health codes, shall been changed, in whole or in part, to a apply to nonconforming uses, structures, and lots. permitted use, the whole or part that conforms shall not thereafter be changed back to any nonconforming use. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-1 Page 96 NONCONFORMING USES, STRUCTURES, & LOTS B. Any change of use in violation of this article 4.4 NONCONFORMING STRUCTURES shall be deemed to be an abandonment of the 4.4.1. Restoration or reconstruction lawfully nonconforming use. A nonconforming structure damaged by fire, explosion, flood, riot, act of the public enemy, 4.2.3 Discontinuance of nonconforming use accident of any kind, decay, or otherwise may be If a lawfully nonconforming use is discontinued for a maintained, repaired, reconstructed, restored or period of one year, such discontinuance shall rebuilt only where: constitute an abandonment of the use and the A. The restoration or reconstruction is of a property shall not thereafter be occupied or used structure which is lawfully nonconforming as to except in conformity with the provisions of this any dimensional requirements. Land Use Code. A nonconforming use of land which B. The restoration or reconstruction will occur is incidental or accessory to a principal entirely within the existing footprint and nonconforming use shall be considered previous shell of the building and no discontinued at the same time as the alterations, modifications, or additions will be nonconforming principal use. In cases of made except as provided in this article and as foreclosure or similar situations involving a lawfully permitted in this subsection and Subsection nonconforming use, the Building Authority shall be 4.4.2. authorized to extend the aforementioned period up C. Restoration or reconstruction is commenced to an additional five years provided that the within two years of the initial damage where extension is for good cause and the minimum length such damage is sudden and accidental, or, in considered necessary to resume the lawfully the case of decay, of the demolition of the nonconforming use. structure or commencement of restoration or reconstruction, and is diligently pursued to 4.3 NONCONFORMING LOTS completion without expiration of permits. 4.3.1 Lots in separate ownership D. In cases of foreclosure or similar situations A vacant nonconforming lot held under separate involving a lawfully nonconforming structure, and distinct ownership shall be considered a the Building Authority shall be authorized to buildable lot provided that all provisions of this Land extend the aforementioned period up to an Use Code except minimum lot area and minimum additional five years provided that the street frontage can be met. extension is for good cause and the minimum length considered necessary to maintain, 4.3.2 Lots in common ownership repair, or reconstruct the lawfully Adjoining nonconforming lots in common nonconforming structure. ownership as of [effective date] shall be considered E. Where a structure is located within the Coastal as one lot and shall not again be divided except in Flood Resilience Overlay Zone, such structure conformance with the provisions of this Land Use may be restored or reconstructed, but must Code. meet the standards of the CFROZ. This provision shall not apply to pump stations. 4-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 97 NONCONFORMING USES, STRUCTURES, & LOTS 4.4.2. Alteration or extensions c. The vertical expansion meets A. Alterations. Alterations may be made to a applicable maximum height structure which is lawfully nonconforming only requirements. where at least one of the following apply: 4. Any covered porch existing on June 5, 1957 1. The alteration is required by law or is which does not meet minimum setback necessary to restore the structure to a requirements may be enclosed, provided safe condition upon the order of any that the majority of the enclosure consists official charged with the protection of of glass. public safety. C. Relocation. A nonconforming structure shall 2. The alteration will eliminate the not be relocated, in whole or in part, to any nonconformity. other location on the same lot unless 3. The alteration will not create any new relocation would make the structure more nonconformity and will not increase the conforming. A nonconforming structure may degree of any existing nonconformity. be relocated to another lot only if the structure B. Extensions. Existing principal structures which conforms to all regulations of the zone to are lawfully nonconforming as to dimensional which it is relocated. requirements may be enlarged or extended subject to the following provisions: 4.4.3. Nonconformity as to required build-to 1. No modification to an existing zone and building length nonconforming structure shall increase As of the effective date of this Land Use Code, when any existing nonconformity, except as an existing structure does not conform to the provided in (3) and (4) below. required build-to zone, build-to percentage, 2. No modification to an existing maximum building length, or building length as a nonconforming structure shall create new percentage of street frontage for the applicable nonconformity with any provision of this zone, the structure shall be deemed exempt from Land Use Code. that standard. Such structure may be altered or 3. A one-time increase of one additional story expanded without having to conform to the above a building that is lawfully applicable standard(s) until the structure’s building nonconforming as to minimum setbacks footprint is expanded by 50% or more. If expansions may be permitted provided that: to the structure occur incrementally, building a. No portion of the expansion footprint shall be calculated as the sum of all horizontally extends beyond the expansions occurring after the effective date of this nonconforming portion of the first Land Use Code. Once the existing structure is story of the structure. demolished, this deemed conforming status shall b. Any portion of a vertical expansion become null and void. above the permitted one additional story shall meet the required minimum setback. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-3 Page 98 NONCONFORMING USES, STRUCTURES, & LOTS 4.4.4. Nonconformity as to number of dwelling 3. The nonconforming dwelling units comply units with or can be made to comply with A. Purpose. The purpose of this provision is to current standards of Chapter 10 of the City establish a process whereby certain dwellings of Portland Code of Ordinances, including which contain more dwelling units than the the National Fire Protection Association number permitted by the applicable provisions Life Safety Code and the National Fire of the Land Use Code may be recognized as Protection Association 1: Fire Prevention legal, nonconforming uses. Code, as amended. B. Application. Application for validation of such 4. Each of the nonconforming dwelling units nonconforming dwelling units shall be on a complies with, or can be made to comply form provided by the Building Authority, and with, provisions of the Chapter 6 of the shall be accompanied by: City of Portland Code of Ordinances, as 1. An application fee as established by the amended, including, but not limited to, the City Council to cover administrative costs. minimum standards for space and 2. A plan, drawn to scale, which shows the occupancy, the minimum plumbing location of the building(s) on the lot, standards, and the minimum ventilation parking, easements, dumpsters, fencing, standards. public ways, and any other significant 5. In the absence of legally competent feature. evidence, supported by records (such as, 3. A floor plan for each unit in the dwelling, but not limited to, Assessor’s records, whether or not it is the subject of the purchase and sale agreements, affidavits, application. deeds, mortgages, as well as reliable C. Eligibility. In order for a nonconforming secondary sources), that the conditions of dwelling unit to be validated by administrative (C)(1), (2), (3), (4), or (5) above can be met, action of the Building Authority as authorized the Building Authority may not approve herein, the Building Authority must find, based the application, but shall advise the on competent evidence, supported by public applicant that the matter may be appealed records, that: to the Board of Appeals. 1. The nonconforming dwelling units were D. Notice to abutters. Upon receipt of a either in existence on April 1, 2005, or the completed application, the Building Authority structure in which they are located was shall provide the owners of abutting properties originally designed to accommodate more notice of the application, along with a notice than the number of such units presently in that they may object to the Building Authority’s use. acting on the application and require the 2. The applicant neither constructed nor applicant to appeal to the Board of Appeals. established the nonconforming dwelling The notice shall advise the abutters and owners units. of property within 300 feet that any objection must be submitted in writing to the Building 4-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 99 NONCONFORMING USES, STRUCTURES, & LOTS Authority within 10 days of the date of the subsection as an application for a conditional notice sent to them. The failure of any use, applying the standards applicable to property owner to receive the notice described conditional uses under Section 6.5 as well as above shall not invalidate any action by the the requirements of this subsection. Building Authority. The Building Authority shall H. Dimensional and parking requirements. promptly notify the applicant of receipt of the In making decisions under this subsection, objection, that the Building Authority is neither the Building Authority nor the Board of without authority to proceed, and advise the Appeals shall apply the dimensional or parking applicant that, within 30 days from receipt of requirements which would otherwise apply in the letter, an application may be filed to have the zones where the nonconforming dwelling the matter reviewed by the Board of Appeals as units are situated. a conditional use. I. Exclusions. The provisions of this subsection E. Approval of application. The Building shall not apply to rooming units, but shall apply Authority may approve the application, to efficiency apartments under Chapter 6 of provided that the evidence presented satisfies the City of Portland Code of Ordinances. The all of the requirements of this subsection and Board of Appeals is without jurisdiction to provided that no abutter nor person entitled to grant any relief (including, but not limited to, notice has requested that the application be variances) which would recognize the particular referred to the Board of Appeals, instead of the dwelling units which are the subject of this Building Authority. Upon approval of the subsection as legal, nonconforming uses, application, final inspection by the Building except in strict compliance with each Authority certifying the units as in compliance requirement of this subsection. with all applicable codes, and receipt of an J. Prior judicial and administrative action. inspection fee as established by the City Decisions of any court or administrative body, Council for each nonconforming dwelling unit including but not limited to, the Building which has been recognized as a lawful, Authority, the Planning Board, or the Board of nonconforming use, the Building Authority shall Appeals, made prior to the effective date of this issue a certificate of occupancy. subsection and which addressed the number of F. Disapproval of application. In the event the nonconforming dwelling units in a particular application is not approved by the Building structure, will not bar relief under this Authority or in the event of a timely objection subsection. filed by a person qualified herein to file such an objection, the applicant, within 30 days from the decision of the Building Authority or objection, may appeal the matter to the Board of Appeals as a conditional use. G. Action by Board of Appeals. The Board of Appeals shall treat applications filed under this FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-5 Page 100 ZONES TABLE 5-A: ZONES 5 ZONES Residential Neighborhood RN-1, RN-2, RN-3, RN-4, RN-5, RN-6 5.1 ESTABLISHMENT OF ZONES Island IR-1, IR-2 To carry out the provisions of this Land Use Code, I-B Island Business the City of Portland shall be divided into the zones in Table 5-A. Mixed-Use B-1 Neighborhood Business B-2 and B-2b Community Business 5.2 ZONING MAP B-3 Downtown Business 5.2.1 Zoning map adopted B-4 Commercial Corridor The zones in Table 5-A shall be shown upon a map B-5 Urban Commercial filed in the Department of Planning and Urban B-6 Eastern Waterfront Development. Such zoning map, with amendments, Transit- TOD-1 Transit Neighborhood Oriented is hereby adopted as the official zoning map of the TOD-2 Transit Center City of Portland and as part of this Land Use Code. Office O Office Industrial I-L and I-Lb Low-Impact Industrial 5.2.2 Zone boundaries when uncertain & Airport I-M and I-Mb Moderate-Impact Industrial Where uncertainty exists with respect to the I-H High-Impact Industrial boundaries of the various zones, as shown on the A-B Airport Business zoning map, the following rules shall apply: A. Unless otherwise indicated, zone boundary Open Space OS-R Recreation and Open Space lines correspond to lot lines. Zones shall be OS-P Open Space Preservation interpreted to extend to the center lines of Waterfront EWPZ Eastern Waterfront Port streets, alleys, parkways, waterways, or rights- WCZ Waterfront Central of-way. WPDZ Waterfront Port Development B. Depiction of the Shoreland Overlay Zone on Overlay Coastal Flood Resilience Overlay the zoning map is illustrative of the general Zones Fort Sumner Park Height Overlay location of such zone. The actual boundaries Institutional Overlay (IOZ) shall be determined by measurement of the Island Transfer Station Overlay distance indicated on the map and in this Land Pedestrian Activities District Overlay Use Code from the normal high-water line of University of Southern Maine Overlay the water body or the upland edge of wetlands. Waynflete School Overlay Where such measurement is not the same as Form-Based the location of the boundary of the zoning IS-FBC India Street Form-Based Code map, the measurement shall control, unless the Other Shoreland Overlay zoning map indicates that the zone boundary Floodplain Management shall follow an existing property line. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-1 Page 101 ZONES 5.2.3 Extension of zone lines change or retain a zone or a rezoning which is Where a zone boundary line divides a lot in single or inconsistent with the City's Comprehensive Plan. joint ownership of record at the time such line is established, the use provisions of this Land Use 5.3.2 Hearing Code for the less restricted portion of such lot shall The Planning Board shall conduct a public hearing in extend not more than 30 feet into the more accordance with Section 2.1.8 prior to any property restricted portion, provided that the lot has at least being rezoned under this section. 20 feet of street frontage in the less restrictive zone when taken together with adjacent premises which 5.3.3 Conditions and restrictions are under the same or equivalent ownership or Conditions and restrictions imposed under the control. If such boundary line divides a business or authority of this section shall relate only to the industrial zone from a residential zone, no frontage physical development and operation of the property on a street other than the principal business street and may include, by way of example: in the less restrictive zone may be taken into A. Limitations on the number and types of uses consideration in connection with the right herein permitted. granted. This subsection shall only apply with B. Restrictions on the scale and density of respect to use provisions. development. C. Specifications for the design and layout of 5.3 CONDITIONAL OR CONTRACT ZONING buildings and other improvements. 5.3.1 Authority and purpose D. Schedules for commencement and completion Pursuant to 30-A M.R.S.§ 4352(8), conditional or of construction. contract zoning is hereby authorized for rezoning of E. Performance guarantees securing completion property where, for reasons such as the unusual and maintenance of improvements, and nature or unique location of the development guarantees against defects. proposed, the City Council finds it necessary or F. Preservation of open space and buffers, and appropriate to impose, by agreement with the protection of natural areas and historic sites. property owner or otherwise, certain G. Contributions toward the provision of conditions or restrictions in order to ensure that municipal services required by the the rezoning is consistent with the City's development. Comprehensive Plan. Conditional or contract zoning H. Provisions for enforcement and remedies for shall be limited to where a rezoning is requested by breach of any condition or restriction. the owner of the property to be rezoned. The conditional or contract zoning must be consistent 5.3.4 Amendments with the Comprehensive Plan, and rezoned areas Except as expressly modified in any contract or must be consistent with the existing and permitted conditional rezoning agreement, the use and uses within the original zone. Nothing in this occupancy of any property within the City of section shall authorize either an agreement to Portland used or occupied pursuant to a contract 5-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 102 ZONES or conditional rezoning agreement otherwise shall violation(s) to the owner or operator of the be governed by and comply with the provisions of property that is subject to the contract or the Land Use Code of the City of Portland and any conditional rezoning and given the owner or applicable amendments thereto or replacement operator an opportunity to cure the violation(s) thereof. within 30 days of receipt of the notice. In addition, if such an enforcement action should result in a 5.3.5 Enforcement finding that the terms of the conditional or contract Notwithstanding language in any contract or zone have been violated, then the City may act to conditional zoning to the contrary, any violation of a modify or rescind the conditional or contract zone conditional or contract zone shall be enforced and to rezone the property. pursuant to 30-A M.R.S. § 4452, as may be amended from time to time, or in any other manner available 5.4 BASE ZONE PURPOSE STATEMENTS by law. No alleged violation of a contract or Base zone purpose statements shall be as conditional rezoning may be prosecuted until the established in Tables 5-B to 5-H. City has delivered written notice of the alleged FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-3 Page 103 ZONES TABLE 5-B: RESIDENTIAL NEIGHBORHOOD ZONE PURPOSE STATEMENTS The residential neighborhood zones are intended to reflect the varied character and development patterns of Portland’s residential neighborhoods, and to promote new residential development that increases housing diversity and choice within the City, in alignment with the City’s priorities and vision for the future. Development within the residential zones should thoughtfully respond to each area's context, including elements such as the urban grid, pedestrian and bike connectivity, and access to transit and open space. Standards for each zone have been tailored to address building form and encourage context sensitivity, while allowing for a range of permitted dwelling types. RN-1 To provide for a residential neighborhood environment predominantly characterized by dwellings on lots of at least 6,500 square feet. Conversion of existing nonresidential structures to multi-family dwellings is permitted within the RN-1 zone, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established residential neighborhoods. Select nonresidential uses may also be permitted in the RN-1 zone. RN-2 To provide for a residential neighborhood environment that acknowledges the unique character of the Western Promenade while accommodating dwellings on lots of at least 6,000 square feet. Construction of new multi-family dwellings at moderate densities is allowed, as-is conversion of existing structures to multi-family dwellings, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established residential neighborhoods. Select nonresidential uses may also be permitted in the RN-2 zone. RN-3 To provide for a residential neighborhood environment predominantly characterized by dwellings on lots of at least 5,000 square feet. Conversion of existing nonresidential structures to multi-family dwellings is permitted within the RN-3 zone, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established residential neighborhoods. Select nonresidential uses may also be permitted in the RN-3 zone. RN-4 To provide areas of the city, on the peninsula and in select off-peninsula locations in alignment with major public transportation routes and near service areas, for a residential neighborhood environment of dwellings on lots of at least 2,000 square feet. Townhouse and multi-family dwellings are also permitted, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established residential neighborhoods. Select nonresidential uses may also be permitted in the RN-4 zone. RN-5 To accommodate existing areas of the city characterized by a residential neighborhood environment of multi-family dwellings at relatively high density, exhibiting a pattern of larger lots and setbacks, as well as generally taller building heights. Select nonresidential uses may also be permitted in the RN-5 zone. RN-6 To provide areas of the city, predominantly on the peninsula, for a dense residential neighborhood environment of townhouse and multi-family dwellings. Select nonresidential uses may also be permitted in the RN-6 zone. 5-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 104 ZONES TABLE 5-C: ISLAND ZONE PURPOSE STATEMENTS IR-1 To provide for a low-intensity environment characterized by residential, recreational, and rural uses on Portland’s islands. Standards for the IR-1 zone are intended to preserve and protect the rustic character of the islands, to protect groundwater resources and natural and scenic areas, and to permit only low-intensity development in areas lacking adequate public facilities and services. Select nonresidential uses may also be permitted in the IR-1 zone. IR-2 To provide for a residential neighborhood environment on Portland’s islands in areas with adequate public services. Expansion or extension of IR-2 zoning should be limited, generally focused toward areas adjacent to existing IR-2 areas, and restricted by such factors as adequacy of access, whether adequate water will be available for private use and for fire protection, whether soils in the area are adequate for subsurface water disposal, or whether public sewers are available. Select nonresidential uses may also be permitted in the IR-2 zone. I-B To provide limited areas on Portland’s islands for the development of a mixture of residential, retail, and service establishments that primarily serve the needs of the local island market area. The I-B zone provides for a mixture of commercial and service uses, closely integrated with – and complimentary to – the surrounding residential neighborhood fabric to support the concept of a complete neighborhood. Standards for the I-B zone may vary by location, dependent upon the availability of public water and sewer resources. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-5 Page 105 ZONES TABLE 5-D: MIXED-USE ZONE PURPOSE STATEMENTS B-1 To provide limited areas that support a small scale, pedestrian-friendly, mixed-use environment, allowing residents access to daily shopping and service needs within walking distance of nearby established residential neighborhoods. The B-1 zone provides for a mixture of commercial and service uses, closely integrated with – and complimentary to – the surrounding residential neighborhood fabric to support the concept of a complete neighborhood. The zone encourages both vertical and horizontal mixed-use, such as a commercial first floor with residential uses above, combined retail/office uses in a multi-story structure (vertical), or commercial uses mixed with three-family, four-family, townhouse, and multi-family structures across the face of a block (horizontal). Suitable locations for this zone may include street intersections and arterial streets with existing or proposed traditional neighborhood retail and service uses. B-2 To provide locations for a mixture of commercial, service, and residential uses in a comfortable pedestrian environment that is easily accessible and well-connected to surrounding neighborhoods. Such a mixture may serve the daily needs of nearby residents within walking distance, as well as surrounding neighborhoods via multiple modes of transportation. The zone provides a broad range of goods and services with a mixture of large and small buildings, such as grocery stores, shops and services located in shopping centers and along arterial streets. The B-2 zone’s multi-modal orientation accommodates all modes of transportation, and the standards of the zone require that development relate to surrounding neighborhoods by design, orientation, and circulation patterns. The zone encourages mixed-use development, and provides locations for moderate to high-density housing, including three-family, four-family, townhouse, and multi-family structures in urban neighborhoods along arterials. B-2b To provide neighborhood and community retail, business and service establishments that are oriented to and built close to the street. The B-2b zone is suitable in areas where a more compact urban development pattern exists or where a neighborhood-compatible commercial district is established which exhibits a pedestrian scale and character. Such locations may include the peninsula and other arterials and intersections with an existing urban or neighborhood-oriented building pattern. The B-2b zone encourages mixed-use development, and provides locations for moderate to high-density housing in urban neighborhoods along arterials. B-3 To maintain and enhance the role of the downtown as the business and commercial center of the region, and to enhance and promote the orderly expansion of retail and service businesses downtown, satisfying the related needs of the city’s resident, working, and visitor populations. The B-3 zone encourages increased housing opportunities downtown, including three-family, four-family, townhouse, and multi-family structures to accommodate Portland’s diverse residential population, and supports an active, walkable pedestrian environment through the encouragement of intensive mixed-use activities, enhancement and maintenance of public and private open space, and the enlivenment and increased attractiveness of the street environment. Standards of the B-3 zone require excellence in urban design, to preserve and capitalize on the unique character and historic fabric of downtown Portland by encouraging reuse of significant existing structures and providing opportunities for an enhanced presence and integration of arts and cultural activities. The zone reinforces the role of downtown as a meeting place for community residents and visitors alike from all walks of life and all socio- economic groups by prioritizing access via multiple modes of transportation and enhancing and protecting the pedestrian environment. 5-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 106 ZONES TABLE 5-D: MIXED-USE ZONE PURPOSE STATEMENTS To provide locations in the city for the development and operation of businesses serving a regional or larger market, to provide locations for large-scale commercial uses that require larger land areas to accommodate their operations, and to support moderate to high-density housing including three-family, four-family, B-4 townhouse, and multi-family structures. Standards of the B-4 zone acknowledge the need to maintain automobile access while encouraging improvement of the pedestrian environment and accommodating alternative modes of transportation. B-5 To provide areas on or proximate to the waterfront, downtown, and the peninsula where a mixture of uses, including marine, industrial, commercial, and a broad range of residential option, is encouraged. The B- 5 zone is characterized by larger underdeveloped lots with great potential for dense, clustered, urban mixed-use development and reuse of existing land and buildings. It is anticipated that the dense, mixed-uses of the B-5 zone will rely on a shared infrastructure system, including service alleys, parking lots, public transportation facilities, stormwater management, and driveways. B-6 To establish a zoning district for the upland portion of the Eastern Waterfront area. The B-6 zone encourages a distinctly urban form through development that emphasizes a quality pedestrian experience, promotes public transit, and demonstrates exemplary urban design. The zone promotes a broad range of both residential and commercial uses to achieve 24-hour urban vitality, and shared use of parking infrastructure as recommended in the Eastern Waterfront Master Plan for redevelopment. The B-6 zone promotes a mixed-use development pattern envisioned for urban land on Portland’s peninsula. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-7 Page 107 ZONES TABLE 5-E: TRANSIT-ORIENTED DEVELOPMENT ZONE PURPOSE STATEMENTS TOD-1 To provide for and encourage the development of moderate to high-intensity mixed-use, compact urban neighborhoods that support Portland’s investment in high frequency transit infrastructure through permissions for a dense, pedestrian-scale built environment and a range of uses that encourage walking, bicycling, and use of public transit at advantageous locations within the City’s off-peninsula neighborhoods. TOD-2 To provide for and encourage the development of high-intensity mixed-use, compact urban neighborhoods that support Portland’s investment in high frequency transit infrastructure through permissions for a highly dense, pedestrian-scale built environment and a broad range of uses that allow residents to live, work, shop, dine, and pursue cultural and recreational opportunities while enjoying a range of mobility choices. The TOD-2 zone is intended to allow for the creation of vibrant, accessible, 24-hour neighborhoods at suitable locations on or near the peninsula. TABLE 5-F: OFFICE ZONE PURPOSE STATEMENTS O To provide areas for the creation of low-intensity office uses, allowed as either independent uses, or integrated into a park- or campus-like setting. Standards of the O zone encourage office and related uses which are of the highest quality, are well-designed and maintained, and are compatible with their natural surroundings. 5-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 108 ZONES TABLE 5-G: INDUSTRIAL AND AIRPORT ZONE PURPOSE STATEMENTS I-L & To provide areas in which low-impact industrial uses, and limited other uses serving employees and residents of I-Lb the surrounding neighborhood, will be compatible with adjacent residential uses, will provide a buffer between residential neighborhoods and higher impact industrial zones, or will stand alone as a smaller scale industrial district. The I-L zone is located adjacent to residential neighborhoods, business uses and other industrial uses where the low-intensity nature of the uses, as well as their strict performance standards, will ensure the compatibility of the uses with other adjacent industrial and nonindustrial uses. The I-Lb zone is typically located on the peninsula. I-M & I- To provide zones in areas of the city in which low- and moderate-impact industries and transportation-related Mb uses will coexist. I-M zones are located on arterials or collectors. The I-Mb zone is typically located on the peninsula. These locations provide for direct access onto arterials, thereby protecting residential neighborhoods from drive-through traffic. The purpose of the I-M and I-Mb industrial zones is also to provide for larger industrial buildings and for the limited or controlled use of areas outside of structures for storage of materials and machinery. These facilities often require large volumes of imported materials and products which result in large volumes of shipping and receiving. Often uses may be highway-oriented and transportation-related, thus relying on citywide and regional transportation infrastructure. Industrial uses in these moderate-impact industrial zones may require separation from higher-impact uses. I-H To provide areas suitable for higher impact industrial uses than are permitted in other industrial zones, and other uses that are capable of demonstrating, through design, layout and topography, their compatibility with, or non- intrusion on, existing or future higher impact industrial uses on adjacent or neighboring I-H zoned properties. Due to the intensity of use, the I-H zone is intended for uses which may require extensive outdoor storage and usage and may utilize heavy equipment. Processes may require separation from residential or sensitive environmental areas. The I-H zone is separated from other nonindustrial uses as well as natural or constructed features. High- impact industrial uses will be of a higher intensity, with a greater lot coverage than the other zones. A-B To provide an area for the development of airport-related enterprises. Uses permitted in this zone are those customarily associated with the operation of the airport terminal and individual airlines and accessory uses to provide for the comfort and convenience of the airport’s patrons and employees. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-9 Page 109 ZONES TABLE 5-H: OPEN SPACE ZONE PURPOSE STATEMENTS OS-R To provide for the reasonable use of open space, while simultaneously preserving and protecting its inherent characteristics to assure its continued availability for public use as scenic and recreation area; to provide a suitable location for large-scale regional sports and athletic facilities; and to develop an open space system throughout the city which provides the highest quality parks, plazas, and pedestrian environment. The OS-R zone may include parcels of public property and private property legally restricted from intensive use or development through deed, covenant, or otherwise. OS-P To preserve and protect open space as a limited and valuable resource, and to further the City of Portland’s goals related to climate adaptation and resiliency. The OS-P zone prioritizes preservation and protection of Portland’s critical conservation and natural resource areas. Very limited development may be allowed for sustainable energy generation, passive recreation and educational purposes, but must be compatible with and cause little impact to these areas. 5-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 110 USE STANDARDS 6 USE STANDARDS column the tables. In the case of conflict of required standards (i.e., a cross reference is 6.1 APPLICABILITY missing from the table, the numbering of 6.1.1. In general standards has changed but not updated in the A. The use of buildings, structures, private Table, etc.), the use standards in Section 6.4 property, and City-owned property are control. governed by this article, except when superseded by other applicable laws or 6.2.2 Unlisted uses ordinances. It is the intent that, when in doubt, A. Uses not expressly listed as permitted or this article should be interpreted to conditional in Tables 6-A to 6-G are prohibited accommodate the goals of the City’s as principal uses except that a use may be Comprehensive Plan and other plans. permitted subject to meeting the following B. All uses shall comply with any applicable federal performance-based standards: and state requirements, and any additional 1. The proposed use is consistent with the applicable federal, state, county, and/or city purposes of the zone. ordinances. 2. The proposed use is closely related to a C. All uses shall comply with any supplemental use permitted or conditional use in terms of standards in Section 6.4 as applicable. Use character, scale, and external impacts. standards address specific impacts, design or 3. The buildings and structures associated with siting standards, and/or additional regulations the proposed use are designed and operated so outside of this Code. that it will prevent undue adverse environmental impacts, substantial diminution 6.2 DETERMINATION OF USE of the value or utility of 6.2.1 Use tables neighboring structures, or significant A. Tables 6-A to 6-G shall determine if a use is hazards to the health or safety of permitted ( , conditional ( , or not neighboring residents by controlling noise ⏺) ◐) permitted ( ) as a principal use within a zone. levels, emissions, traffic, lighting, odor, and Where a use is listed as both permitted and any other potential negative impacts. conditional ( , determination shall be B. The review authority shall determine whether ⏺/◐) based on the nature of such use as described in the uses not listed as permitted or conditional the use standards of Section 6.4. Unless uses meet the above standards. If it is otherwise noted, where a use is listed in terms determined that the use does not meet the of square footage, square footage figures shall above criteria, it shall not be permitted. correspond to the total square footage of the C. The review authority may impose reasonable use as indicated. conditions of approval on the proposed use to B. Certain uses within Tables 6-A to 6-G shall meet ensure that it is similar in character and impact required use standards listed in Section 6.4. A to a permitted or conditional use. reference is provided in the “Use Standards” FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-1 Page 111 USE STANDARDS 6.2.3 Multiple uses 6.2.5 Uses in zones not listed A. A lot may contain more than one principal use, A. Use permissions for certain zones within this providing each use is allowed within the zone. Code are not included in Tables 6-A to 6-G, but Each principal use shall be permitted are addressed separately as follows: separately. In certain cases, uses are defined in 1. Use permissions for overlay zones are found in Article 3 to include accessory uses that provide Article 8. necessary support or are functionally 2. Use permissions for the India Street Form- integrated into the principal use. Based Code (IS-FBC) zone are found in Article B. Notwithstanding the above, and unless 9. otherwise specifically permitted by this Code, 3. Use permissions for the waterfront zones are lots containing a single family, two-family, found in Article 10. three-family, or four-family dwelling may contain more than one principal use only so 6.3 CHANGE OF USE long as the total number of dwelling units on A change of use from one use in Tables 6-A to 6-G the lot does not exceed four, or three on the to another is governed by the requirements of the islands, not including accessory dwelling units. new use. The use of any part of any building, structure, or property shall not be changed to any 6.2.4 Uses operated in an enclosed structure other use, whether principal or accessory and A. In all mixed-use, office, and industrial zones, whether alterations in the building, structure, or uses shall be operated within a completely property are involved or not, until a permit and enclosed structure, except for those certificate of occupancy authorizing such change of customarily operated in open air. use has first been secured from the Building B. In the mixed-use zones, open air activities shall Authority in accordance with Chapter 6 of the City be those licensed by the City. of Portland Code of Ordinances. 6-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 112 USE STANDARDS TABLE 6-A: PERMITTED AND CONDITIONAL USES IN RESIDENTIAL NEIGHBORHOOD ZONES Use RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 Standards Single-family dwellings ⏺ ⏺ ⏺ ⏺ Two-family dwellings ⏺ ⏺ ⏺ ⏺ Three-family dwellings ⏺ ⏺ ⏺ ⏺ Four-family dwellings ⏺ ⏺ ⏺ ⏺ 6.4.12 Multi-family dwellings ◐ ⏺ ◐ ⏺ ⏺ ⏺ 6.4.13 Townhouse dwellings ⏺ ⏺ ⏺ 6.4.17 Group homes ◐ ◐ ◐ ◐ ◐ ◐ Residential 6.4.21 Lodging houses ◐ ◐ ⏺ ⏺ 6.4.9 Child care centers + small child care facilities ◐ ◐ ◐ ◐ ◐ ◐ Elementary, middle, and secondary schools ◐ ◐ ◐ ◐ ◐ ◐ Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.30 Places of assembly ◐ ◐ ◐ ◐ ◐ ◐ 6.4.31 Post-secondary schools ◐ ◐ ◐ ◐ Residential care facilities (small) ◐ ◐ ◐ ◐ ◐ ◐ 6.4.35 Institutional Residential care facilities (large) ◐ ◐ ◐ ◐ ◐ ◐ Bed and breakfasts 6.4.7 ⏺/◐ ⏺/◐ ⏺/◐ 6.4.18 Hostels ⏺/◐ ⏺/◐ ⏺/◐ 6.4.25 Market gardens ◐ ◐ ◐ ◐ ◐ ◐ Comm. 6.4.26 Neighborhood nonresidential reuse ◐ ◐ ◐ ◐ ◐ ◐ Cemeteries ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.38 Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Other 6.4.39 Utility substations ◐ ◐ ◐ ◐ ◐ ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-3 Page 113 USE STANDARDS TABLE 6-B: PERMITTED AND CONDITIONAL USES IN ISLAND ZONES Use IR-1 IR-2 I-B Standards Single-family dwellings ⏺ ⏺ ⏺ Two-family dwellings ⏺ ⏺ ⏺ Three-family dwellings ⏺ Four-family dwellings ⏺ Multi-family dwellings 6.4.12 ◐ Live/work dwellings ⏺ Residential Lodging houses 6.4.21 ◐ ⏺ Child care centers + small child care facilities 6.4.9 ◐ ◐ ⏺ Cultural facilities ⏺ Elementary, middle, and secondary schools ◐ ◐ ◐ Governmental uses ⏺ ⏺ ⏺ Institutional Places of assembly 6.4.30 ◐ ◐ ⏺ Auto service stations 6.4.5 ◐ Bed and breakfasts 6.4.7 ⏺ General offices ⏺ 6.4.15 General services ⏺ Greenhouse/nursery (retail) 6.4.16 ◐ Hotels 6.4.19 ◐ Market gardens 6.4.25 ◐ ◐ ⏺ / Service Neighborhood nonresidential reuse 6.4.26 ◐ ◐ Restaurants 6.4.34 ⏺ Retail 6.4.36 ⏺ Commercial Specialty food service ⏺ Agriculture 6.4.3 ⏺ Boathouses and storehouses for fishing equipment ⏺ ⏺ ⏺ Campgrounds 6.4.8 ◐ Cemeteries ◐ ◐ Low-impact industrial ⏺ Marinas ⏺ Parks and open spaces ⏺ ⏺ ⏺ Solar energy system (minor) 6.4.38 ⏺ ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ ⏺ Utility substations 6.4.39 ◐ ◐ ◐ Other Wharves, piers, docks, and landing ramps ⏺ ⏺ ⏺ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ 6-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 114 USE STANDARDS TABLE 6-C: PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES B-2/ Use B-1 B-2b B-31 B-4 B-5 B-6 Standards Two-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Three-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Four-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Townhouse dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.13 Multi-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.12 Live/work dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Residential Lodging houses ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.21 Child care centers + small child care facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.9 Clinics ⏺ ⏺ ⏺ ⏺ ⏺ Cultural facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Elementary, middle, and secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ Emergency shelters ◐ ◐ ◐ 6.4.14 Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ Places of assembly ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.30 Post-secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.31 Residential care facilities (small) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.35 Institutional Residential care facilities (large) ⏺ ⏺ ⏺ ⏺ ⏺ Adult business establishments 6.4.2 ⏺ Auto, boat, and related dealerships ◐ ⏺ 6.4.5 Auto service stations ◐ ⏺ Bars 6.4.6 ⏺ ⏺ ⏺ ⏺ ⏺ Bed and breakfasts ⏺ ⏺ ⏺ 6.4.7, 6.4.10 Exhibition, meeting, and convention halls ⏺ ⏺ ⏺ ◐ Funeral homes ⏺ ⏺ General offices ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.15, 6.4.10 General services ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Greenhouse/nursery (retail) ◐ ◐ Hostels ⏺ ⏺ ⏺ 6.4.18, 6.4.10 Hotels ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.19 Intermodal transportation facility ⏺ ⏺ ⏺ ⏺ ⏺ Marijuana retail store ⏺ ⏺ ⏺ 6.4.23 Market gardens 6.4.25, 6.4.10 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Commercial / Service Recreation and amusement centers ⏺ ⏺ ⏺ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-5 Page 115 USE STANDARDS TABLE 6-C (CONT.): PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES B-2/ Use B-1 B-2b B-31 B-4 B-5 B-6 Standards Registered marijuana dispensary 6.4.23 ⏺/◐ ⏺ ⏺ Restaurants ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.34, 6.4.10 Retail ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.36, 6.4.10 Small-scale marijuana caregiver 6.4.23 ⏺ ⏺ ⏺ Specialty food service ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.10 Theaters and performance halls ⏺ ⏺ ⏺ ⏺ ⏺ Commercial/Service Veterinary services ⏺ ⏺ Animal-related services ⏺ Communication studios ⏺ ⏺ ⏺ ⏺ ⏺ Dairies ⏺ ⏺ 6.4.11 Impound lots ⏺ 6.4.20 Intermodal transportation facilities ⏺ ⏺ Laboratory and research facilities ◐ ◐ ⏺ ◐ ◐ Low-impact industrial ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.22 Marijuana testing facilities ⏺ 6.4.23 Marijuana manufacturing facilities ⏺ Printing and publishing 6.4.32 ⏺ ⏺ ⏺ ⏺ Self-storage facilities ⏺ 6.4.37 Studios for artists and craftspeople ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Industrial Warehousing and distribution ⏺ 6.4.40 Marine uses ⏺ ⏺ 6.4.24 Off-street parking ⏺/◐ ⏺ ◐ 6.4.27 Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Social service centers ◐ ◐ ◐ ◐ ◐ Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.38 Solar energy system (major) ◐ Utility substations ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.39 Other Wind energy system (minor) ◐ ◐ ◐ ◐ ◐ 6.4.41 Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ 1 Uses within the B-3 zone may be subject to the standards of the Pedestrian Activities District (PAD) Overlay found in Section 8.5 of this Code. ◐ ◐ 6-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 116 USE STANDARDS TABLE 6-D: PERMITTED AND CONDITIONAL USES IN TRANSIT-ORIENTED DEVELOPMENT ZONES TOD-1 TOD-2 Use Standards Townhouse dwellings 6.4.13 ⏺ ⏺ Multi-family dwellings 6.4.12 ⏺ ⏺ Live/work dwellings ⏺ ⏺ Residential Lodging houses 6.4.21 ⏺ ⏺ Child care centers + small child care facilities 6.4.9 ⏺ ⏺ Clinics ⏺ ⏺ Cultural facilities ⏺ ⏺ Elementary, middle, and secondary schools ⏺ ⏺ Governmental uses ⏺ ⏺ Places of assembly 6.4.30 ⏺ ⏺ Post-secondary schools 6.4.31 ⏺ Residential care facilities, small ⏺ ⏺ 6.4.35 Institutional Residential care facilities, large ⏺ ⏺ Bars 6.4.6 ⏺ ⏺ Exhibition, meeting, and convention halls ⏺ General offices ⏺ ⏺ General services ⏺ ⏺ Hostels 6.4.18 ⏺ Hotels ⏺ Intermodal transportation facilities ⏺ ⏺ Recreation and amusement centers ⏺ Restaurants ⏺ ⏺ Service Retail ⏺ ⏺ Specialty food service ⏺ ⏺ Theaters and performance halls ⏺ Commercial / Veterinary services ⏺ ⏺ Communication studios rial ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ Indust Low impact industrial 6.4.22 ⏺ ⏺ Parks and open spaces ⏺ ⏺ Solar energy system (minor) 6.4.38 ⏺ ⏺ Utility substations 6.4.39 ⏺ ⏺ Other Wind energy system (minor) 6.4.41 ◐ ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-7 Page 117 USE STANDARDS TABLE 6-E: PERMITTED AND CONDITIONAL USES IN OFFICE ZONES O Use Standards Child care centers + small child care facilities 6.4.9 ⏺ Inst. Governmental uses ⏺ General offices ⏺ Com Office parks 6.4.28 ⏺ Laboratory and research facilities ⏺ Ind. Printing and publishing 6.4.32 ⏺ Parks and open space ⏺ Solar energy system (minor) 6.4.38 ⏺ Utility substations Other Wind energy system (minor) 6.4.41 ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ 6-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 118 USE STANDARDS TABLE 6-F: PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES Use I-L/I-Lb I-M/I-Mb I-H A-B1 Standards Live/work dwellings ⏺ Airports ⏺ Child care centers + small child care facilities 6.4.9 ⏺ ⏺ ⏺ Emergency shelters 6.4.14 ◐ ◐ ◐ Institutional Places of assembly 6.4.30 ⏺ Bars 6.4.6 ⏺ General offices 6.4.15 ⏺ ⏺ General services ⏺ Hotels ⏺ Intermodal transportation facilities ⏺ ⏺ Market gardens 6.4.25 ⏺ Recreation and amusement centers ⏺ ⏺ Restaurants ⏺ Self-storage facility 6.4.37 ⏺ ⏺ Specialty food service ⏺ ⏺ Commercial / Service Veterinary services ⏺ ⏺ ⏺ Animal-related services 6.4.4 ⏺ ⏺ ⏺ Auto service station 6.4.5 ⏺ ⏺ ⏺ ⏺ Construction & engineering services ⏺ ⏺ ⏺ Dairies ⏺ ⏺ ⏺ Food & seafood processing, packing, and distribution ⏺ ⏺ High-impact industrial uses ⏺ Impound lots 6.4.20 ⏺ ⏺ Laboratory and research facilities ⏺ ⏺ ⏺ Low-impact industrial 6.4.22 ⏺ ⏺ ⏺ Lumber yards ⏺ ⏺ ⏺ Marijuana cultivation facilities ⏺ ⏺ ⏺ Marijuana manufacturing facility 6.4.23 ⏺ ⏺ ⏺ Marijuana testing facility ⏺ ⏺ ⏺ Industrial Printing and publishing ⏺ ⏺ ⏺ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-9 Page 119 USE STANDARDS TABLE 6-F (CONT.): PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES Use I-L/I-Lb I-M/I-Mb I-H A-B1 Standards Recycling facilities 6.4.33 ⏺ ⏺ Solid waste disposal facilities 6.4.33 ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ Industrial Warehousing and distribution facilities 6.4.40 ⏺ ⏺ ⏺ Off-street parking ⏺ Social service centers ◐ ◐ ◐ Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ 6.4.38 Solar energy system (major) ⏺ ⏺ ◐ Telecommunication towers (ground-mounted) ⏺ ⏺ Utility substations 6.4.39 ⏺ ⏺ ⏺ Wind energy system (minor) ◐ ⏺ ⏺ ⏺ 6.4.41 Other Wind energy system (major) ⏺ ⏺ ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ 1 Permitted uses on lots within airport restricted access areas shall be limited to those which do not require or encourage access or visits by the public and which provide◐ technical administrative or other support to airport◐ operations. 6-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 120 USE STANDARDS TABLE 6-G: PERMITTED AND CONDITIONAL USES IN OPEN SPACE ZONES OS-R1 OS-P Use Standards Cemeteries ⏺ Cultural facilities ◐ Marinas ⏺ Parks and open space 6.4.29 ⏺ ⏺ Solar energy system (minor) ◐ 6.4.38, 6.5.6 Solar energy system (major) ◐ Stadiums 6.5.6 ◐ Utility substations 6.4.39, 6.5.6 ⏺/◐ Wharves, piers, docks, and landing ramps ⏺ ◐ Wind energy system (minor) 6.4.41, 6.5.6 ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ 1 Accessory uses within structures of 2,500 SF or more shall be treated as a conditional use under subsection 6.5.6. ◐ ◐ 6.4 SUPPLEMENTAL USE STANDARDS paved width shall be measured from These standards shall apply to the following uses as the edge of the pavement, excluding indicated in Tables 6-A to 6-G, whether permitted sidewalks. or conditional. Where a use is allowed as b. The lot has frontage on an accepted conditional, these standards apply in addition to the or continued street on an island in general conditional use standards in Section 6.5. Casco Bay that meets a minimum width of 16 feet, measured from the 6.4.1 In general edge of the pavement, or from the A. Street access. Unless specifically excepted edge of the built surface if unpaved. under Section 7.4, a building or structure may c. The required minimum width may be only be constructed on or moved onto a lot, or reduced, or the requirement waived a dwelling unit added to a lot, if one of the on the islands only, if the Fire Chief following conditions is met. These standards and the Public Works Director or their apply to all buildings and structures unless designee(s) jointly determine that specifically exempted by this section. meeting the minimum width is 1. Existing, accepted streets. impracticable and the City’s ability to a. The lot has frontage on a paved and provide services will not be accepted City street with a minimum unreasonably impaired by a reduction width of 10 feet on a one-way street in width. and 20 feet on a two-way street, 2. Streets to be improved in connection with measured from curb to curb. In the development. The owner or developer of a absence of a curb, the minimum clear lot that is not located on an existing, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-11 Page 121 USE STANDARDS accepted (or in the case of the islands, claim for damages that may result continued) street that meets the minimum from acceptance. criteria established above shall improve the 3. Exceptions. On lots with an existing, inhabited street in accordance with the following. structure or structures on an unaccepted City a. The street, between the lot and the street, the following buildings and structures nearest existing, accepted City street are exempt from the requirements of this and including the frontage of the lot subsection. itself, shall be improved to meet the a. Accessory buildings not intended for standards adopted elsewhere in this habitation. Code, including those adopted by the b. The addition of one accessory dwelling Public Works Authority and the unit within an existing single-family Planning Authority. In the case of a dwelling. corner lot, this shall apply to the frontage of the lot from which access 6.4.2 Adult business establishments is taken. A. Adult business establishments shall be located b. The street may be improved to an at least 1,000 feet from any other adult alternative standard if the Fire Chief business establishment, and at least 500 feet and the Public Works Director or their from any residential zone, as measured in a designee(s) jointly determine that: straight line from the nearest point of the lot line on the lot which the use is proposed to the nearest point of the lot line on the lot where the other use or zone is located, without regard to intervening structures or objects. B. No sexually explicit materials, entertainment, or activity shall be visible from the exterior of the premises. 6.4.3 Agriculture A. No animals shall be kept on any lot less than three acres or closer than 100 feet to any street or lot line, except domesticated chickens c. The owner or developer shall take all as regulated in Chapter 5 of the City of Portland necessary steps under Chapter 25, Code of Ordinances. Article III, of the City Code to dedicate B. Raising of domesticated animals as a the improved portion of the street to component of any agricultural use shall not the City for acceptance. This shall create any odor, noise, health, or safety include provision of a waiver of any hazards, or other nuisance to neighboring properties. 6-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 122 USE STANDARDS C. Raising of pigs or reptiles is not permitted. of a variety of plantings in accordance with the City of Portland Technical Manual. 6.4.4 Animal-related services F. Car washes shall be designed to avoid the A. In the B-4, I-L and I-Lb zones, animal-related tracking of residual waters into the street. services may not include kennel or boarding facilities. 6.4.6 Bars B. No animal-related service may include outdoor A. In the B-6 zone, no bars located east of kennel facilities. Waterville Street shall be permitted within 50 C. Any exterior training and exercise areas shall be feet of Fore Street. located in a side or rear yard only, and shall be completely fenced. 6.4.7 Bed and breakfasts D. Exterior training and exercise areas are not A. Bed and breakfasts in the RN-4, RN-5, and RN-6 permitted within 200 feet of a residential zone. zones are allowed only as conversions of residential structures existing as of 3/3/1997. 6.4.5 Automobile, boat, and related dealerships Such uses are a permitted use if they contain and auto service stations four or fewer guest rooms, and a conditional A. Automobile, boat, and related dealerships shall use if they contain five to nine guest rooms. not be allowed in the B2-b zone. B. In the RN-4, RN-5, and RN-6 zones, the B. In the B-2b zone, auto service stations shall only minimum lot area for bed and breakfasts shall be permitted as an expansion of an auto service be 2,000 square feet for the first three guest station in existence as of 11/15/1999. rooms and 500 square feet for each additional C. Signs shall not adversely affect visibility at guest room. intersections or access drives. Signs shall be C. In the I-B zone, bed and breakfasts are constructed, installed, and maintained so as to permitted on Peaks Island only. The minimum ensure the safety of the public, and shall lot area for bed and breakfasts shall be 5,000 advertise only services or goods available on square feet for the first three guest rooms and the premises. 5,000 square feet for each additional guest D. No ingress and egress driveways shall be room. When not served by public water and located within 30 feet from an intersection. No sewer, a bed and breakfast in the I-B zone shall entrance or exit for vehicles shall be in such require 10,000 square feet of lot area per guest proximity to a playground, school, church, room. other place of public assembly, or any residential zone that the nearness poses a 6.4.8 Campgrounds threat or potential danger to the safety of the A. Campgrounds shall not include recreational public. vehicles. E. A landscaped buffer, no less than five feet wide, B. No tent shall be located within 75 feet of the shall be located along street frontages perimeter of site. (excluding driveways). The buffer shall consist FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-13 Page 123 USE STANDARDS C. The land area of the campground shall not be 6.4.11 Dairies less than the equivalent of 5,000 square feet of In the B-2 and B-2b zones, dairies are permitted only land area per tent site exclusive of the roadway if an expansion of an existing dairy. network. 6.4.12 Dwellings, multi-family 6.4.9 Child care centers and small child care A. Use limitations facilities 1. In the RN-1 and RN-3 zones, multi-family A. Outdoor play areas shall be screened and dwellings are allowed only as conversions buffered from surrounding residences with of existing nonresidential structures. landscaping and/or fencing to minimize visual 2. In the I-B zone, multi-family dwellings are and noise impacts. allowed only as conversions of existing B. Solid waste shall be stored in covered residential or nonresidential structures. containers. Such containers shall be screened B. Conversion standards on all sides. 1. No multi-family conversion is allowed in an C. In residential and island residential zones, the existing structure with less than 1,500 following additional standards apply: square feet of habitable floor area. 1. Outdoor play areas shall be located in the 2. Any new off-street parking provided for side or rear yards only, and shall be multi-family conversion of existing screened from adjacent properties by a residential structures shall be located to fence or wall at least 48 inches in height. the side or rear of the structure. 2. A 10-foot-wide landscaped buffer shall be required between the fence and the 6.4.13 Dwellings, townhouse adjacent property line. A. For townhouse dwellings, interior side setback 3. The minimum lot area for a child care requirements do not apply to the interior side center shall be 10,000 square feet. yard where the party wall for the structure is located. Such requirements only apply to end 6.4.10 Commercial and service uses in the B-1 units without an attached party wall. zone B. There shall be a minimum separation of 15 feet A. Commercial and service uses in the B-1 zone between exterior sidewalls of townhouse shall be permitted provided that such uses buildings. Where the front or rear wall of a generate less than 100 peak hour vehicle trips townhouse faces the front or rear wall of per 2,000 square feet of floor area and less another townhouse, the minimum required than 100 peak hour vehicle trips in total. separation between such buildings shall be 30 B. No beverage container redemption centers feet. Driveways and parking areas may be shall be permitted. located within this minimum separation area. 6-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 124 USE STANDARDS 6.4.14 Emergency shelters 6.4.15 General offices and general services A. In the B-3 zone, no emergency shelters shall be A. General office and general service uses in the permitted north of Oxford Street. I-B and B-1 zones are limited to a maximum of B. The facility shall provide adequate space for 5,000 square feet of gross floor area. conducting security searches and other B. General office uses in the I-L and I-Lb zones assessments. shall be limited to those involving minimal C. The facility shall be designed with a centralized public visitation and minimal direct service to shelter operations office on each level the general public, primarily to provide support providing sightlines to sleeping areas. services to larger organizations such as D. A management plan adequately outlining the educational institutions, social service agencies, following areas shall be provided: management or business headquarters. responsibilities; process for resolving neighborhood concerns; staffing; access 6.4.16 Greenhouse/nursery (retail) restrictions; on-site surveillance; safety A. In the I-B zone, the indoor display of retail measures; controls for resident behavior and goods and point of sale area shall be limited to noise levels; and monitoring reports. a maximum of 1,000 square feet. E. Adequate access to and from fixed route transit service shall be provided. The facility 6.4.17 Group homes shall be within a ¼ mile of fixed route transit A. Group homes shall be subject to the minimum service, or shall be within ½ mile of fixed route lot area requirements for nonresidential uses. transit service and provide adequate indoor B. A group home shall not be located within 500 space to permit all shelter guests day shelter, as feet of another, as measured along street lines well as implement strategies to help residents to the respective property lines. utilize transit. C. The Board of Appeals or Planning Board may F. The facility shall provide on-site services to impose conditions upon a conditional use support residents, such as case management, permit concerning the creation or operation of life skills training, counseling, employment and a group home including but not limited to the educational services, housing assistance, or following: site and building maintenance; other programs. lighting, fencing, and other appropriate security G. Suitable laundry, kitchen, pantry, bicycle measures; screening and buffering of parking storage, and secure storage facilities for shelter areas; compatibility of any additions or stayers shall be provided on-site. alterations with the existing residential H. An outdoor area for guest use shall be provided structure; and compatibility of new structures on-site with adequate screening to protect with the architectural character of the privacy of guests. surrounding area. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-15 Page 125 USE STANDARDS 6.4.18 Hostels 6.4.21 Lodging houses A. An operations plan shall be submitted A. In the RN-3 and RN-4 zones, lodging houses are demonstrating that: allowed only as conversions of existing two- 1. No unaccompanied minors under the age family, three-family, four-family, or multi-family of 18 shall be permitted in the facility. residential structures, provided that the lodging 2. The length of stay for transient guests shall house shall not be located within 500 ft. of not exceed 15 days within any 60-day another as measured along street lines. period. B. Lodging houses shall be subject to the B. In the RN-4, RN-5, and RN-6 zones, hostels are minimum lot area requirements for permitted if for no more than 10 overnight nonresidential uses. transient guests, and conditional if for between C. Individual rooming units in a lodging house shall 11 and 20 overnight transient guests. No more be a minimum of 70 square feet in area. than 20 overnight transient guests shall be D. Lodging houses shall provide a minimum of permitted. 200 square feet of combined rooming unit and C. In the B-1 zone, no more than 20 overnight common area per rooming unit. transient guests shall be permitted. E. Lodging houses, except for lodging houses located in the IR-2 and I-B zones, shall contain 6.4.19 Hotels common areas for use by residents, including a A. Hotels in the I-B zone are limited to a maximum kitchen. A kitchen need not be available as a of 50 guest rooms. part of the common areas where all meals are B. The minimum gross floor area for hotels in the provided on a daily basis. I-B zone shall be 5,000 square feet for the first F. In the IR-2 and I-B zones, lodging houses are three guest rooms and 5,000 square feet for allowed with no more than nine rooming units. each additional guest room. When not served When not served by public water and sewer, by public water and sewer, a hotel in the I-B lodging houses shall require 10,000 square feet zone shall require 10,000 square feet of lot of lot area per rooming unit. area per guest room. C. Hotels shall not be permitted in the B-2b zone. 6.4.22 Low-impact industrial D. Hotels in the B-6 zone are limited to a A. Low-impact industrial in the B-1, B-2b, B-3, and maximum of 150 guest rooms. B-6 zones is limited to a maximum of 10,000 square feet in gross floor area. 6.4.20 Impound lots B. In the B-6 zone, no brew pubs or Impound lots shall be at least 300 feet from any microbreweries east of Waterville Street shall residential zone or lawfully conforming residential be permitted within 50 feet of Fore Street. use. C. When a low-impact industrial use is located in any mixed-use zone, the following standards apply: 6-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 126 USE STANDARDS 1. All circulation and maneuvering, including program is located, without regard to loading, unloading, and turnaround areas, intervening structures or objects. must be located on site. No maneuvering, 2. No marijuana cultivation facility, marijuana loading, or unloading may happen in the manufacturing facility, or marijuana testing right-of-way. facility may be located within 300 feet of 2. Truck loading, unloading, and access shall any residential zone. Distance shall be be located in the rear or interior side yard measured in a straight line from the where possible. nearest point of the lot line on the lot 3. Shared infrastructure shall be utilized to which the use is proposed to the nearest the extent practicable, including but not point of the lot line on the lot where the limited to service alleys, parking areas, residential zone is located, without regard stormwater treatment, public to intervening structures or objects. transportation facilities, and driveways. C. Marijuana retail stores and registered marijuana dispensaries shall be permitted uses in the B-2 6.4.23 Marijuana-related uses zone, and shall not be permitted in the B-2b A. The following standards apply to the following zone. marijuana-related uses: D. Marijuana retail stores and registered 1. Marijuana cultivation facilities. dispensaries may not exceed a maximum gross 2. Marijuana manufacturing facilities. floor area of 2,000 square feet. 3. Marijuana retail stores. E. Marijuana cultivation facilities shall be limited to 4. Marijuana testing facilities. less than 2,000 square feet of plant canopy in 5. Small-scale marijuana caregivers. the I-L/I-Lb zone and less than 7,000 square 6. Registered dispensaries. feet of plant canopy in the I-M/I-Mb zone. B. Location criteria F. For purposes of this ordinance, any approval 1. No marijuana cultivation facility, marijuana issued for a marijuana cultivation facility, manufacturing facility, marijuana testing marijuana manufacturing facility, or marijuana facility, small-scale marijuana caregiver, testing facility operated pursuant to 22 M.R.S. § marijuana store, or registered dispensary 2421 et seq. shall be deemed to constitute may be located within 500 feet of a pre- approval for the same corresponding marijuana existing public school, private school, or a cultivating, manufacturing, or testing facility use public preschool program, as defined by operating under 28 M.R.S. § 101 et seq. 20-A M.R.S. § 1. Distance shall be measured Notwithstanding the above, no marijuana in a straight line from the nearest point of cultivation facility, marijuana manufacturing the lot line on the lot which the use is facility, or marijuana testing facility may operate proposed to the nearest point of the lot without the applicable state and City license. line on the lot where the public school, private school, or public preschool FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-17 Page 127 USE STANDARDS 6.4.24 Marine uses materials. All accessory structures shall be A. In the B-5 zone, marine uses shall include located a minimum of five feet from any marine products wholesaling and retailing; lot line. harbor and marine supplies and services; 5. Farmstands are permitted, and are limited marine repair services and machine shops; to sales of items grown at the site. shipbuilding and facilities for the construction, Farmstands shall be removed during the maintenance, and repair of vessels; marine time of the year when the use is not in museums and aquariums; boat repair yards; operation. Only one farmstand is boat storage; and seafood processing, packing, permitted per market garden. and distribution for human consumption. 6. When located in a fully enclosed B. In the B-6 zone, marine uses shall include permanent building, market gardens may marine products wholesaling and retailing; include all of the forms of cultivation and harbor and marine supplies and services; and production allowed for outdoor market underground marine fuel storage provided that gardens, as well as hydroponics, such storage shall be used solely for the aquaponics, myco-culture, and other purpose of fueling vessels. similar indoor crop-production techniques. 7. Market gardens within a fully enclosed 6.4.25 Market garden permanent building may include an area A. Market gardens may be located outdoors or within the building for sales of items grown fully enclosed within a permanent building, at the site. Such sales area may occupy no subject to the following: more than 15% of the floor area devoted to 1. Outdoor market gardens are limited to the the principal use. cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and 6.4.26 Neighborhood nonresidential reuse tillage of soil and the production, A. Neighborhood nonresidential reuse is only cultivation, growing, and harvesting of any allowed within existing structures that are agricultural, floricultural, or horticultural nonresidential in their original construction commodity. and/or current principal use as of the effective 2. The keeping of livestock, chickens or other date of this Code. poultry, and apiaries are prohibited. B. The following nonresidential uses are permitted 3. Greenhouses, including high tunnels/hoop- within a neighborhood nonresidential reuse. houses, cold-frames, and similar structures, The initial conditional use approval for the are permitted to extend the growing neighborhood nonresidential reuse may specify season. one or more uses under the list below. A 4. Accessory structures, including but not modification of the conditional use approval is limited to a shed or utility building required for a change to any of the uses below necessary for the use’s operation may be which were not specified in the initial or allowed for the storage of tools and subsequent conditional use approval. 6-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 128 USE STANDARDS 1. General offices <5,000 square feet 2. The Planning Board may waive the 2. General services <5,000 square feet requirement for ground-floor retail or 3. Restaurants other non-parking and active use space 4. Retail <5,000 square feet upon demonstration that the project 5. Specialty food service meets at least one of the following criteria: 6. Studios for artists and craftspeople a. The applicant demonstrates that C. No off-street parking is required for a steepness of grade or the character of neighborhood nonresidential reuse. the adjacent street does not support D. Drive-through facilities are prohibited for any retail or other non-parking and active neighborhood nonresidential reuse. use space. E. Neighborhood non residential reuses shall b. The ground floor of the garage is set comply with the performance standards of the back a minimum of 35 feet from the B-1 zone. street right-of-way, and its design does not serve as an impediment for 6.4.27 Off-street parking the development of space between A. In the B-3 zone, structured parking is a the structure and the right-of-way for permitted use. Surface parking within the B-3 retail or other non-parking and active zone shall be allowed as a conditional use. use in the future. Any such space B. Surface parking in the B-3 and B-6 zones is located between the structure and the subject to the following standards: right-of-way shall not be used for 1. Surface parking lots shall be laid out in a surface parking. manner conducive to development of c. The applicant demonstrates, to the future buildings, and/or structured parking satisfaction of the Planning Board, on site. that market support for ground floor 2. All surface parking areas, including parking retail or other non-parking active uses aisles, shall be located a minimum of 35 does not currently exist. In such cases, feet from any street. This 35-foot setback the structure of the garage shall be shall not apply to access drives oriented designed to accommodate such perpendicularly to a street. spaces in the future as follows: C. In the B-3, B-5, and B-6 zones, structured parking is subject to the following standards: 1. Parking structures shall incorporate ground-floor retail space or other non- parking and active use space along all street frontages. Such retail or active space shall maintain a minimum depth of 30 feet from all street-facing façades of the structure. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-19 Page 129 USE STANDARDS 4. Identification of traffic circulation patterns, traffic controls, and parking areas, including demonstration that additional traffic generated by the project itself can be reasonably accommodated on existing public streets. 5. Identification of internal sidewalks, illustrating the manner in which the developer will provide this amenity to take advantage of the topography and natural features of the site. 6. Building elevation drawings which indicate architectural style, exterior finishes and color, building height and scale, and 3. In cases where the Planning Board waives location and scale of window and door the requirement for ground-floor retail or openings. Samples of exterior building other non-parking and active use space, materials shall also be submitted. garages shall be designed to enhance the 7. The location and style of lighting to be pedestrian experience and disguise the used in the development. parking use to the greatest extent possible. 8. Identification and description of all Use of traditional storefront design proposed signage. concepts and traditional building materials 9. A description of phasing and timing of the is encouraged. development. 10. A description of any proposed private 6.4.28 Office parks development restrictions. A. Office parks shall have a minimum gross area of 11. Delineation of the subdivision of land, if three acres of contiguous land, and may be proposed as a coordinated development developed with multiple buildings on a single on multiple parcels. lot under common ownership, or as a 12. Any other information necessary and coordinated development on multiple parcels sufficient to ensure compliance with the under unified control or management. standards in this subsection. B. Office park development proposals shall C. Office parks shall include a landscape program include a master plan of the office park, which that meets the following standards. shall include the following: 1. All land areas not covered by structures, 1. The location of the building(s) on the site. parking areas, or circulation facilities shall 2. The location of infrastructure on the site. be landscaped and maintained. 3. The location of all common areas and 2. To soften the visual impact of large landscape buffers. expanses of pavement in parking lots, 6-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 130 USE STANDARDS vegetation shall be planted or retained in B. Places of assembly in the B-1, I-L, and I-Lb zones islands or planting strips where required by are limited to 10,000 square feet or less in the site plan or subdivision ordinance. gross floor area. 3. Landscape buffers shall be provided to screen areas abutting a residential zone or 6.4.31 Post-secondary schools use, and to screen parking lots and A. In any residential zone, expansion of existing driveways from public view. The buffer post-secondary schools onto land other than shall be of a dense and continuous nature the lot(s) on which the principal use is located and shall incorporate trees, shrubs, shall be subject to a determination that the fencing, berms, and related elements proposed use cannot be reasonably deemed necessary. accommodated on the existing lot(s) through D. Office parks shall consider and be sensitive to more efficient utilization of land or buildings, the need to preserve natural features on site. and will not cause significant physical Natural features include, but are not limited to encroachment into established residential existing vegetation, floodplains, rock areas. outcroppings, surface water bodies, drainage B. In any residential zone, a new post-secondary swales and courses, and wetlands. school or expansion of an existing post- E. All light fixtures shall be hooded or shielded so secondary school shall not cause displacement that the light shines downward. or conversion of existing residential uses. 6.4.29 Parks and open spaces 6.4.32 Printing and publishing In the OS-P zone, parks and open spaces shall be Printing and publishing in the B-3, B-5, B-6, and O limited to passive recreational use, including but zones is limited to a maximum of 10,000 square not limited to trails and paths for pedestrians and feet in gross floor area, unless an expansion of a bicyclists, and areas for fishing, hiking, wildlife printing and publishing establishment greater than management and conservation activities. Essential 10,000 square feet and in existence as of 4/4/1988. services shall also be permitted. 6.4.33 Recycling and solid waste disposal 6.4.30 Places of assembly facilities A. In all RN zones, construction of a new principal Within the I-M/I-Mb zone, recycling and solid waste building as a place of assembly is permitted disposal facilities are permitted within an enclosed only on lots with frontage on collector or structure only. arterial roads. Places of assembly are allowed on streets of any classification as adaptive 6.4.34 Restaurants reuse of existing structures that are A. In the B-1 zone, restaurants are limited to a nonresidential in their original construction maximum of 2,000 square feet in gross floor and/or current use as of the effective date of area, shall not operate between the hours of 11 this Code. p.m. and 6 a.m., and shall not accept deliveries FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-21 Page 131 USE STANDARDS or services between the hours of 10 p.m. and 7 C. The following additional standards apply to self- a.m. Food service and consumption shall be the storage facilities with units accessed directly primary function. from the outdoors: B. In the B-6 zone, restaurants located east of 1. Outdoor self-storage facilities shall be Waterville Street within 50 feet of Fore Street oriented so that storage unit access doors shall be limited in hours of operation to do not face the public right-of-way. between 5 a.m. and 11 p.m. each day, and food 2. Outdoor self-storage facilities are allowed service and consumption shall be the primary to include an area for storage of function of the restaurant. recreational vehicles. Storage areas for recreational vehicles shall be located in the 6.4.35 Residential care facilities rear yard. In the residential zones, large residential care 3. No storage of recreational vehicles is facilities shall require a minimum lot area of 20,000 allowed within 25 feet of any rear lot line. square feet. No storage of recreational vehicles is allowed within 30 feet of any interior side 6.4.36 Retail lot line. No storage of recreational vehicles A. In the I-B zone, retail uses are limited to a is allowed within 50 feet of any front or maximum of 10,000 square feet in gross floor corner side lot line. area. 4. If storage areas for recreational vehicles B. In the B-1 zone, retail uses are limited to a are provided, they shall be screened along maximum of 5,000 square feet in gross floor interior side and rear lot lines with a solid area, and shall not operate between the hours fence or wall, a minimum of six feet and a of 11 p.m. and 6 a.m., and shall not accept maximum of seven feet in height. Shrubs deliveries or services between the hours of 10 shall be planted and spaced sufficiently to p.m. and 7 a.m. form a continuous linear hedgerow at C. Retail in the B-3 and B-5 zones shall not include plant maturity; plantings shall be placed wholesale or bulk purchase sales of lumber and inside the fence oriented toward the construction supplies, truck rental interior of the lot. establishments, sales, rental, and repair of heavy equipment, or wholesale establishments, 6.4.38 Solar energy systems (major and minor) including establishments where membership is A. In general required. 1. All solar energy systems shall meet the technical, safety, and maintenance 6.4.37 Self-storage facility standards in the City of Portland Technical A. Storage units shall not be used for residential Manual. occupancy or business. 2. Solar energy systems shall minimize B. Plumbing connections shall not be permitted in impacts resulting from construction and self-storage units. maintenance of the solar energy system, 6-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 132 USE STANDARDS including lighting, security measures, a. Foundation systems, typically traffic, and grid connections. consisting of driven piles, monopoles, 3. Solar panel placement shall minimize or or helical screws with or without small negate any solar glare impacting nearby concrete collars or weighted ballast. properties or roadways, without unduly b. All mechanical equipment of the solar impacting the functionality or efficiency of energy system, including maximum the solar energy system. horizontal extents of any concrete pad B. Ground-mounted solar energy systems or any pad mounted structure for 1. Ground-mounted solar energy systems are batteries, switchboard, transformers, only permitted in the B-4, I-L, I-Lb, I-M, I- or storage cells. Mb, I-H, and A-B zones. c. Paved access roads servicing the solar 2. Ground-mounted solar energy systems energy system. shall be located away from and screened C. Roof-mounted solar energy systems from public ways and nearby 1. Roof-mounted solar energy systems are residential/institutional uses to the extent not included in the calculation of maximum possible and shall be designed to minimize structure height. impacts on significant scenic views. 2. Solar energy systems mounted on flat 3. Layout and fencing for ground-mounted roofs shall meet the following standards: systems shall be integrated with existing a. In residential zones, solar energy landscape and minimize removal of systems mounted on flat roofs are vegetation to the extent possible. limited to a height of 5 feet above the 4. Minor ground-mounted solar energy surface of the roof upon which they systems shall be located a minimum 50 are mounted, and shall be set back feet from all RN zones, and the B-1 and B- from the edge of the roof one foot for 2/B-2b zones. every one foot of solar energy system 5. Major ground-mounted solar energy height. systems shall be located at least 75 feet b. In B-4 and industrial zones, flat roof- from all RN zones, and the B-1 and B-2/B-2b mounted systems are not subject to zones. limitations on height, or to a required 6. The absolute height of any ground- setback. mounted solar energy system shall be no c. In all other zones, solar energy more than 20 feet above the ground as systems mounted on flat roofs are measured from the base of the support. limited to a height of 8 feet above the 7. The following components of a ground- surface of the roof upon which they mounted solar energy system shall be are mounted, and shall be set back counted as impervious in the calculation of from the edge of the roof one foot for landscaped open space ratio: every one foot of solar energy system height. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-23 Page 133 USE STANDARDS 3. Solar energy systems mounted on pitched the B-4 and I-L/I-lb zones, except for boat roofs shall meet the following standards: storage. a. Solar energy systems on pitched roofs shall be mounted with a maximum 6.4.41 Wind energy systems (major and minor) distance of one foot between the A. General surface of the roof to the highest 1. All wind energy generation equipment shall point of the system. be approved under a certification program b. Solar energy systems on pitched roofs approved by the U.S. Department of shall be installed parallel to the roof Energy. surface on which they are mounted. 2. Wind energy systems, including c. Solar energy systems on pitched roofs foundations and support structures, may not extend higher than the electrical connections, control equipment, highest point of the roof surface upon and associated site improvements shall be which they are mounted. designed, engineered, and installed to comply with all applicable local, state, and 6.4.39 Utility substations federal construction and electrical A. Utility substations shall be as small in size as regulations and Federal Aviation practicable, and shall be set back a minimum of Administration regulations. Applicable 35 feet from any right-of-way, not including state and local approvals shall be obtained limited-access roads. prior to installation of any wind energy B. Substations shall be suitably screened and system. landscaped so as to ensure compatibility with 3. All on-site electrical wiring associated with the surrounding neighborhood. The remainder the proposed wind energy system shall be of the lot not occupied by the utility substation located within the tower/pole/supporting and its related access shall be designed and structure or underground. Above ground designated for future development. on-site connections near substations or to C. In the OS-R zone, sewage pumping and the electric grid shall be allowed. treatment facilities shall be permitted. Water 4. Wind energy systems shall be designed to pumping stations shall be treated as a avoid electromagnetic interference with conditional use and subject to the additional the transmission or reception of radio, standards of subsection 6.5.6. telephone, television, microwave, navigational, or similar signals to 6.4.40 Warehousing and distribution facilities neighboring areas. A. Warehousing and distribution facilities in the I- B. Setbacks L and I-Lb zones are limited to a maximum of 1. Minor ground-mounted wind energy 10,000 square feet in gross floor area. systems shall be set back from all property B. No outdoor storage is permitted as a boundaries and street right-of-way lines by component of warehousing and distribution in a distance equal to or greater than 1.1 6-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 134 USE STANDARDS times the total height of the system, evidence shall be provided that the measured from the base of the system to Environmental Coordinator of the Maine the top of the system at maximum vertical Department of Inland Fisheries and rotation. The setback distance shall be Wildlife and the Maine Natural Area measured to the center of the wind Program have been notified of the generator base. location, height, and design of the 2. Major ground-mounted wind energy proposed wind energy system at least systems shall be set back from all property three weeks prior to any final boundaries and street right-of-way lines by determination under this subsection. Any a distance equal to or greater than 1.5 comments received therefrom shall be times the total height of the system, addressed to the satisfaction of these state measured from the base of the system to authorities prior to any final determination the top of the system at maximum vertical under this provision. rotation. The setback distance shall be 3. The support structure (e.g. tower, pole) measured to the center of the wind for ground-mounted wind generating generator base. systems shall not be climbable for a C. Height minimum height of 12 feet above the 1. Ground-mounted wind energy systems are surrounding ground level. All ground- limited to a maximum height of 65 feet in mounted electrical and control equipment the B-2/B-2b, B-5, and B-6 zones. shall be labeled and secured to prevent 2. All moving components of a ground- unauthorized access. mounted wind energy system shall be a 4. The use of guy wires is discouraged. If minimum of 12 feet from ground level or required, they shall be located away from accessible surface. pedestrian routes/access points and D. Siting and placement marked with visible, reflective, colored 1. No wind energy system shall be located objects, such as flags, reflectors, or tape, within 250 feet of any significant wildlife which shall be placed on the anchor points habitat, as defined by the Maine of guy wires and along the guy wires up to Department of Environmental a height of ten feet from the ground. Protection/Maine Department of Inland 5. Ground-mounted wind energy systems Fisheries and Wildlife under provisions of shall be located away from and screened the Natural Resources Protection Act (38 from public ways and nearby M.R.S. § 480 et seq.) including wildlife residential/institutional uses to the extent habitat for species appearing on the official possible and shall be designed to minimize state and federal list of endangered or impacts on significant scenic views. threatened animal species. E. Illumination and signs 2. For all major and minor wind energy 1. No part of the system may be illuminated, systems, or any system over 100kW, except as required by the Federal Aviation FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-25 Page 135 USE STANDARDS Administration (FAA) or other authorities D. Action. Within 30 days following the close of for safety and security purposes. Where the public hearing, the review authority shall lighting is required, it shall be at the lowest render its decision, in a manner and form intensity allowable with fixtures shielded specified by Article 2 of this chapter, approving and directed to minimize glare and visibility the conditional use, approving the conditional from the ground. use subject to conditions as specified in 2. There shall be no signs, advertisements, Subsection 6.5.3, or denying it. The failure of flags, or decorative items on a wind energy the review authority to act within 30 days shall system or any associated facilities, except be deemed an approval of the conditional use, for the manufacturer’s/installer’s/owner’s unless such time period is mutually extended in identification (not exceeding one square writing by the applicant and the review feet in size), appropriate warning signs, or authority. Within five days of such decision or lights if required by the FAA. the expiration of such period, the Building Authority or Planning Authority shall mail 6.5 CONDITIONAL USES notice of such decision or failure to act to the 6.5.1 Conditional use review procedure applicant and, if a conditional use is authorized, A. Review authority. The Zoning Board of list therein any and all conditions imposed by Appeals shall review all conditional use the review authority. applications, with the exception that the Planning Board shall review all conditional use 6.5.2 General conditional use standards applications associated with projects that are The review authority shall, after review of the otherwise before the Planning Board. application, approve a conditional use upon a B. Application. Applications for conditional use finding that the proposed conditional use, at the review shall be submitted to the Building size and intensity contemplated at the proposed Authority for all Zoning Board of Appeals location, will not have substantially greater negative reviews and the Planning Authority for all impacts than would normally occur from Planning Board reviews. A nonrefundable surrounding uses or other allowable uses in the application fee, as established from time to same zone. The review authority shall find that this time by the City Council to cover administrative standard is satisfied if it finds that: costs and costs of a hearing, shall accompany A. The volume and type of vehicle traffic to be each application. The application shall be in generated, hours of operation, expanse of such form and shall contain such information pavement, and the number of parking spaces and documentation as shall be prescribed from required are not substantially greater than time to time by the review authority. would normally occur at surrounding uses or C. Public hearing. A public hearing shall be set, other allowable uses in the same zone. advertised, and conducted by the review B. The proposed use will not create unsanitary or authority in accordance with Article 2 of this harmful conditions by reason of noise, glare, Land Use Code. 6-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 136 USE STANDARDS dust, sewage disposal, emissions to the air, odor, lighting, or litter. 6.5.5 Limitations on conditional use approvals C. The design and operation of the proposed use, No conditional use approval shall be valid for a including but not limited to landscaping, period longer than three years from the date of screening, signs, loading, deliveries, trash or approval, unless the conditional use has waste generation, arrangement of structures, commenced or a building permit is issued and and materials storage will not have a construction has begun within that period and is substantially greater effect/impact on thereafter diligently pursued to completion, surrounding properties than those associated provided, however, that one or more extensions of with surrounding uses or other allowable uses said time may be granted if the facts constituting in the zone. the basis of the decision have not materially D. The proposed use will meet any additional zone changed and the two year period is not exceeded or use-specific standards identified in Tables 6- thereby. A conditional use approval shall be deemed A to 6-G and Section 6.4. to authorize only the particular use for which it was issued and such approval shall automatically expire 6.5.3 Conditions on conditional use approvals and cease to be of any force or effect if such use The review authority may impose such reasonable shall for any reason be discontinued for a period of conditions upon the premises benefited by a 12 consecutive months or more. conditional use as may be necessary to prevent or minimize adverse effects therefrom upon other 6.5.6 Supplemental standards for certain property in the neighborhood. Such conditions shall conditional uses in the OS-R zone be expressly set forth in the resolution authorizing In addition to general conditional use standards and the conditional use. Violation of such conditions supplemental use standards, the following standards shall be a violation of this article. shall apply to stadiums, solar energy systems, water pumping stations, wind energy systems, and 6.5.4 Effect of issuance of a conditional use accessory uses within structures of 2,500 square approval feet or more within the OS-R zone: The approval of a conditional use shall not authorize A. The use shall be in conformity with or satisfy a the establishment or extension of any use nor the deficiency identified in a federal, state, regional, development, construction, reconstruction, or City recreation and open space plan, alteration, or moving of any building or structure, including but not limited to the state but shall merely authorize the preparation, filing. Comprehensive Outdoor Recreation Plan, as and processing of applications for any permits or such plans may from time to time be created or approvals which may be required by the City of revised. Portland Code of Ordinances, including but not B. Buildings and structures shall not obstruct limited to a building permit, a certificate of significant scenic views presently enjoyed by occupancy, subdivision approval, and site plan nearby residents, passersby, or users of the site. approval. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-27 Page 137 USE STANDARDS C. Indoor recreation or nonrecreational uses in nonconforming lots with legal residential the OS-R zone shall serve a significant public uses. purpose that cannot reasonably be 2. ADUs shall be permitted as new detached accommodated outside of the OS-R zone. accessory structures, building additions, or within existing lawfully conforming or 6.6 ACCESSORY USES nonconforming structures. However, the 6.6.1 In general addition of an ADU may in no way increase A. Accessory uses shall be permitted in the degree of nonconformity of any conjunction with permitted or conditional structure unless otherwise permitted principal uses. Accessory uses shall be: under this subsection. 1. Customarily found in association with the 3. Up to two ADUs shall be permitted per principal use. qualifying property. 2. Generally consistent with the impacts of 4. Under circumstances where an existing the principal use. nonconforming structure is converted to 3. Secondary in nature, clearly incidental and an ADU, the design of the ADU shall take subordinate to the principal use in terms into consideration to the extent of area and function. practicable the privacy of adjacent 4. Located on the same lot as the principal properties. use unless otherwise permitted. 5. An ADU shall be limited to a gross floor 5. Consistent with the intent of the zone. area of 2/3 of the gross floor area of the B. No accessory use or uses within a building shall largest principal unit on the lot. The occupy more than a combined total of 25% of aggregate square footage of detached the floor area of the principal building, with the ADUs on a lot shall not exceed the gross exception of required off-street parking, unless floor area of the principal structure. otherwise provided in Subsection 6.6.2 below. 6. ADUs shall be exempt from maximum lot In the case of multi-tenant buildings, this coverage and minimum lot area per standard shall apply separately to each leased dwelling unit requirements. portion of the principal building. 7. Detached ADUs shall be limited to a C. No accessory use or uses not within a building maximum height of 18 feet, unless shall occupy more than a combined total of constructed above a garage, in which case 25% of the unbuilt lot area, with the exception the height of the structure shall be limited of off-street parking or as otherwise provided to 25 feet. in Subsection 6.6.2. 8. In residential zones, detached ADUs shall be subject to side and rear setbacks for 6.6.2 Standards for specific accessory uses detached accessory structures less than A. Accessory Dwelling Units (ADUs) 250 square feet, as established in Article 7. 1. Accessory Dwelling Units (ADUs) shall be permitted on all lawfully conforming and 6-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 138 USE STANDARDS 9. Detached ADUs shall not be permitted measured from the outermost edge of between a principal structure and a front the outside drive-through feature to lot line. such property line. In addition, drive- B. Antennas, discs, transmitting and receiving through features shall be located a equipment. Building-mounted antennas, discs, minimum of 25 feet from a right-of- and other transmitting and receiving way. equipment shall be: b. The site shall have adequate stacking 1. No taller than 15 feet above the highest capacity for vehicles waiting to use structural steel of the building roof. these service features without 2. Setback no less than 15 feet from the impeding vehicular circulation or building perimeter. creating hazards to vehicular 3. Integrated into the architecture of the circulation on adjoining streets. building in placement, form, color, and c. Any speakers, intercom systems, or material so as to screen or camouflage other audible means of such equipment from public view. communication shall not play pre- C. Drive-throughs recorded messages. Any speakers, 1. Drive-throughs shall be permitted as an intercom systems, audible signals, accessory use in the B-4 zone. computer prompts, or other noises 2. Drive-throughs shall be permitted as generated by drive-through services conditional accessory uses in the B-2 zone or fixtures shall not exceed 55 dB or only if a drive-through was located on the shall be undetectable above the site as of the effective date of this Code. ambient noise level as measured by a In all other zones, drive-throughs shall be noise meter at the property line. prohibited. d. Site and vehicular light sources shall 3. Drive-throughs shall be subject to the not unreasonably spill over or be following review standards: directed onto adjacent residential a. All components of a drive-through, properties and shall otherwise including, but not limited to, signs, conform to the lighting standards set stacking lanes, menu/order boards, forth in the City of Portland Technical trash receptacles, and service Manual. windows shall be located to the side e. Where automobiles may queue, or rear of the principal building where waiting for drive-through services, practicable, except where such their impacts shall be substantially placement will be detrimental to an mitigated to protect adjacent adjacent residential zone or use, and residential properties from headlight shall be located a minimum of 40 feet glare, exhaust fumes, and noise. As from any adjoining property in a deemed necessary by the review residential zone. This distance shall be authority, mitigation measures shall FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-29 Page 139 USE STANDARDS consist of installation of solid fencing that the property is used in any way other with landscaping along any residential than as a dwelling. No display of products property line which is exposed to the shall be visible from the exterior of the drive-through or the enclosure of the premises. drive-through fixtures and lanes so as 3. Exterior signs shall be limited to one non- to buffer abutting residential illuminated sign not exceeding a total area properties and to further contain all of two square feet. Such sign must be associated impacts. affixed to the building, and may not project f. Drive-through lanes shall be designed more than one foot from the façade of the and placed to minimize crossing building. principal pedestrian access-ways or 4. The home occupation and all related otherwise impeding pedestrian access. activity, including any storage, equipment, and display of products shall be conducted entirely within a principal building or accessory structure. This does not apply to the home occupation of licensed family childcare provider, which may include outdoor space needed to meet state licensing requirements. 5. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, biohazardous, or other FIGURE 6-A: DRIVE-THROUGH SITING restricted materials shall be used or stored as a component of a home occupation. D. Heliports. A heliport shall be designed and 6. No home occupation shall include constructed in accordance with all federal and dispensing of medication from the state regulations. dwelling. E. Home occupations 7. The home occupation shall not produce 1. A home occupation shall be incidental to any perceptible noise, vibration, heat, the residential use of a dwelling, and shall smoke, odor, electrical interference, dust not change the essential residential or other particulate matter, or other character of the dwelling. nuisance effects in excess of that normally 2. No interior or exterior alterations that are associated with residential use. inconsistent with the residential use and 8. A home occupation shall be limited to character of the building shall be residents of the dwelling and no more than permitted. With the exception of a two nonresident employees on the permitted sign, there shall be no evidence premises. visible from the exterior of the premises 6-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 140 USE STANDARDS 9. The home occupation shall not create 1. Such sales are located within a lawfully vehicular or pedestrian traffic in greater conforming principal permitted use. volumes than average for a residential 2. Such sales occupy an area no larger than neighborhood. The home occupation and 45% of the floor area devoted to the any related activity shall not create any principal use. traffic hazards or nuisances in public 3. Such sales by any single vendor or group rights-of-way. of vendors shall occur for no more than a 10. Any clients or business-related visitors shall total of 28 hours a week collectively. be limited to the hours of 7:00 a.m. to 8:00 4. Such products are produced or permitted p.m. to be produced in the IL/IL-b zone. 11. The storage of semi-trucks, trailers, or 5. Such products are sold by the producer of heavy equipment such as construction or the product or their designee. landscaping equipment used in a G. Tasting rooms in industrial zones. Tasting commercial business, is prohibited. rooms shall be permitted as accessory uses on 12. Repair and service of any vehicles, any type the premises of facilities where beer, wine, of heavy machinery, or any type of engine, spirits, other alcoholic or non-alcoholic is prohibited. Repair of small electronics or beverages, or food are produced, provided appliances is allowed. that: 13. A family childcare provider as a home 1. Service of food in the facility is limited to occupation shall not be subject to floor that which does not constitute a full meal. area limitations for an accessory use, but 2. No more than 10% of the beverage menu shall be limited to the care of not more in tasting rooms accessory to beverage than 12 children and shall have no production or 10% of the food menu in nonresidential employees. tasting rooms accessory to food 14. Businesses with no employees, no production is produced or manufactured customers, and no external impacts are off-site. not considered home-occupations for the 3. Tasting rooms shall not be subject to the purposes of this subsection, and are limitations on the use of unbuilt lot or yard exempt from its provisions. Remote work area in Subsection 6.6.1(C). is also not considered a home occupation, H. Solar energy generation and is exempt from these provisions. 1. Accessory solar energy systems shall be F. Makers’ markets in the IL-b zone. Makers’ permitted in all zones except within markets, including periodic or seasonal sale of cemeteries. handcrafted and limited production products 2. All accessory solar energy systems are for final consumption, which may include subject to the following conditions: prepared or raw foods, shall be permitted as an a. All systems shall meet the technical, accessory use in the IL-b zone, provided that: safety, and maintenance standards in the City of Portland Technical Manual. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-31 Page 141 USE STANDARDS b. Solar energy systems shall minimize impacts resulting from construction and maintenance of the solar energy system, including lighting, security measures, traffic, and grid I. Wind energy generation. Ground-mounted connections. and roof-mounted accessory wind energy c. Solar panel placement shall minimize systems shall be permitted as accessory uses or negate any solar glare impacting within all zones. Accessory wind energy systems nearby properties or roadways, are subject to the following standards: without unduly impacting the 1. Accessory wind energy systems shall functionality or efficiency of the solar comply with all general use standards for energy system. wind energy systems as stated under d. Ground-mounted accessory solar Subsection 6.4.41.A of this article. energy systems shall be located in side 2. Properties shall be limited to one ground- or rear yards only, and shall be subject mounted accessory wind energy system to all dimensional standards for and two roof-mounted accessory wind detached accessory structures within energy systems. Article 7 unless otherwise specified. 3. The maximum height of a ground-mounted e. Building-mounted or roof-mounted accessory wind energy system is 25 feet in accessory solar energy systems are all RN zones, the B-1 zone, and all island not included in the calculation of zones. In all other zones, the maximum maximum structure height, but must height shall be the maximum height meet the following standards: allowed within the zone or 45 feet, whichever is less. 4. The maximum height of any roof-mounted accessory wind energy system is 15 feet above the height of such structure. Roof- mounted systems are not included in the calculation of maximum structure height. 5. Roof-mounted accessory wind energy systems shall be set back from any edge of the building upon which they are mounted by a distance equal to or greater than the total height of the system, measured from the roof surface at the point of attachment to the top of the system at maximum vertical rotation. The setback distance shall 6-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 142 USE STANDARDS be measured to the center of the wind generator base. 6.7.2 Standards for specific temporary uses 6. Ground-mounted accessory wind energy A. Farmstand systems shall be setback from property 1. A farmstand for the sale of food or non- lines by a distance equal to or greater than food crops grown only on the premises is 1.1 times the total height of the system, permitted, and shall be exempt from measured from the base of the system to temporary use permit requirements. the top of the system at maximum vertical 2. In the island zones, such stand may include rotation. The setback distance shall be the sale of agricultural products produced measured to the center of the wind on the premises or the sale of fish or generator base. shellfish caught by the occupant of the 7. Ground-mounted accessory wind energy premises. systems shall be located within the rear 3. Acceptable stands are a portable table or yard only and shall be sited to maximize cart, and cannot exceed an area of 200 existing vegetative or other screening from square feet. nearby residential buildings and public 4. Farmstands are permitted for no more ways. The location shall minimize changes than 180 days per calendar year, and shall to existing topography and natural be removed when not in use. vegetation which would result from 5. Farmstands must be set back from all construction or maintenance of the public rights-of-way a distance of no less system. than 5 feet. B. Garage/yard sale 6.7 TEMPORARY USES 1. A garage/yard sale is permitted as a 6.7.1 In general temporary use on residential property, and Temporary uses may be permitted as determined shall be exempt from temporary use by the Planning Authority or Building Authority. permit requirements. Temporary uses on private property shall comply 2. Garage/yard sales are limited to no more with the standards of this section, as well as than six days per calendar year. regulations pertaining to temporary uses contained C. Real estate project sales office or model unit elsewhere in the City of Portland Code of 1. A real estate sales office/model unit(s) is Ordinances. All temporary uses require a temporary allowed for a residential development. use permit unless specifically cited as exempt. A 2. No real estate sales office/model unit(s) temporary use permit may be issued for additional may be located in a manufactured home or temporary uses not specifically listed per off-site. Subsection 6.7.2(G) below. Temporary uses do not 3. The temporary use permit shall be valid for require additional parking unless specifically cited in the life of the residential development the temporary use standards or stipulated as a project. The real estate sales office must condition of approval. be removed and/or closed within 30 days FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-33 Page 143 USE STANDARDS after the sale or rental of the last unit a. Time limitations apply to the lot, not within the development. The model unit(s) the operator of the use. must be closed within 30 days after the b. Temporary outdoor sales events in sale or rental of the last unit of the residential zones are limited to three development. events per calendar year, with a 4. All activities conducted within real estate maximum of either three consecutive sales office/model unit(s) must be directly days, or two consecutive weekends. A related to the construction and sale of minimum of 30 days between events properties within the particular is required. development. Use as a general office of c. Temporary outdoor sales events in operation of any firm is prohibited. nonresidential zones are limited to D. Temporary contractor’s yard four events per calendar year, with a 1. A temporary contractor’s yard is allowed maximum duration of five days per incidental to a construction project. event, and a minimum of 30 days 2. The temporary use permit shall be valid for between events. the life of the project, to be verified by d. Temporary outdoor sales events for open permits. seasonal sales, such as Christmas trees 3. The temporary contractor’s yard shall be or pumpkins, are limited to four removed within 30 days of the completion events per calendar year, with a of construction, and the premises shall be maximum of 30 days per event and a restored to their pre-construction state. minimum of 30 days between events. 4. Temporary contractor’s yards shall be e. Temporary outdoor sales events in screened on all sides by a fence a minimum any nonresidential zone must be of six feet in height to a maximum of eight located a minimum of 125 feet from a feet in height. Fencing shall not be residential zone. required on shared lot lines if the abutting F. Temporary outdoor storage containers lot contains a fence or other barrier that The use of an outdoor storage container is prohibits entry onto the lot. limited to a maximum of 90 days per calendar E. Temporary outdoor sales year, and shall be exempt from temporary use 1. Temporary outdoor sales in residential permit requirements. zones are limited to those events G. Additional temporary uses. In addition to the conducted by and located on the premises temporary uses listed above, a temporary use of a place of assembly, an elementary, permit may be issued by the Planning Authority middle, or secondary school, or a post- or Building Authority for other temporary uses secondary school, and shall be exempt that are substantially similar to a temporary use from temporary use permit requirements. listed above. A permit may be issued if the 2. Time limits shall be as follows: Planning Authority determines that such use is compatible with the surrounding land uses and 6-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 144 USE STANDARDS proper care has been taken to address provided with screening by a fence, wall, or potential impacts to surrounding land uses. The landscaping. time limit of such temporary use will be F. The outer perimeter of playfields, play lots, and determined and approved as part of the other active recreational areas shall be temporary use permit. screened, or shall be located a reasonable distance from any residential use. 6.8 PERFORMANCE STANDARDS All uses shall comply with the performance 6.8.2 Discharges standards established in this section, unless any No discharge shall be permitted at any point into federal, state, or local law, ordinance, or regulation any private sewage disposal system, or stream, or establishes a more restrictive standard, in which into the ground, of any materials in such a way or of case the more restrictive standard shall apply. such nature or temperature as to contaminate any water supply, or otherwise cause the emission of 6.8.1 Development in the OS-R and OS-P zones dangerous or objectionable elements, except in All development in the OS-R and OS-P zones shall accordance with standards approved by the Public comply with the following development standards: Health Authority or by the Public Works Authority. A. All ground areas not used for parking, loading, No discharge into harbor water areas shall be vehicular, or pedestrian areas and not left in permitted, unless permitted by the Maine their natural state shall be suitably landscaped Department of Environmental Protection under a and designed with quality materials that are waste discharge license and as approved by the consistent with adopted City policy or master Department of Public Works in accordance with plans, and which provide a comfortable, Chapter 24 of the City of Portland Code of durable, accessible, readily maintainable, and Ordinances. All private sewage disposal or private aesthetically pleasing environment. wastewater treatment facilities shall comply with B. Natural features, such as mature trees and the provisions of Chapter 24. natural surface drainageways, shall be preserved to the greatest possible extent 6.8.3 Electromagnetic interference consistent with the uses of the property. In any industrial zone, there shall be no C. Loading areas shall be screened and parking electromagnetic interference that adversely affects areas shall be screened and landscaped so as to the operation of any equipment other than that avoid a large continuous expanse of paved area. belonging to the creator of such interference. D. Buildings and structures shall be sited to avoid obstructing significant scenic views presently 6.8.4 Exterior lighting enjoyed by nearby residents, passersby, and All exterior lighting shall be designed and installed users of the site. with full cut-off fixtures to direct illumination onto E. Storage of commodities and equipment shall the site and to prevent illumination from such be completely enclosed within buildings or fixtures on neighboring properties in accordance with the City of Portland Technical Manual. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-35 Page 145 USE STANDARDS 6.8.5 Landscaping and screening 6.8.6 Noise A. In all mixed-use zones, the I-B zone, TOD zones, A. No use shall be operated so as to generate the O zone, and the A-B zone outside of recurring noises that are unreasonably loud, restricted access areas, sites shall be cause injury, or create a nuisance to any person landscaped to screen parking and accessory of ordinary sensitivities. site elements, including storage and solid waste B. The maximum permissible sound level of any receptacles, from the right-of-way, public open continuous, regular, or frequent source of space, or abutting residential zones. sound produced by an activity shall be as B. In the I-H zone, where a front yard abuts an shown in Table 6-H. arterial or a major collector street, it shall be C. Sound shall be measured as follows: landscaped. Rear yards, side yards, and the 1. For noise generated by a use in the I-L/I-Lb, perimeter of any parking area for greater than I-M/I-Mb, and I-H zones, sound shall be 15 vehicles shall be landscaped if visible from a measured at or within the boundaries of right-of-way, public open space, or residential the nearest residential zone. zone. 2. For noise generated by a use in the B-1, B- 2/B-2b, B-3, B-4, B-5, B-6, I-B, O, and A-B zones, sound shall be measured at lot TABLE 6-H: NOISE STANDARDS boundaries. Daytime/Evening Night D. Sound levels shall be measured with a sound Zone (7 a.m.-9 p.m.) (9 p.m.-7 a.m.) level meter with a frequency weighting network I-B 60 dBA 55 dBA manufactured according to standards O 60 dBA 60 dBA prescribed by the American National Standards B-1 55 dBA 55 dBA Institute (ANSI) or its successor body. B-2/B-2b 60 dBA 55 dBA E. Wind energy systems. Where the underlying B-3 60 dBA 55 dBA zone is residential and does not specify sound B-4 65 dBA 60 dBA requirements, or where the system will be B-5, B-6 60 dBA 50 dBA within 100 feet of a residential zone, sound I-L/I-Lb 60 dBA 50 dBA generated by the wind energy system shall not I-M/I-Mb 70 dBA 55 dBA exceed 45 decibels on the A scale between the I-H 75 dBA 55 dBA hours of 9:00 p.m. and 7:00 a.m., and 50 decibels on the A scale between 7:00 a.m. and A-B 60 dBA 60 dBA 9:00 p.m., as measured at the nearest property line in accordance with this provision and technical standards set out in the City of Portland Technical Manual. Audible sound levels of wind energy systems shall include sounds generated in all conditions including 6-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 146 USE STANDARDS low and high winds (furling, yawing, and flutter) 10 different individuals in a commercial or industrial and power outages (freewheeling). zone. F. Exemptions 1. Noises created by construction and 6.8.8 Exterior stairways maintenance activities between 7:00 a.m. Exterior stairs may be permitted, so long as such and 9:00 p.m. are exempt from the stairways shall have minimal visual impact upon the maximum permissible sound levels set building and are located in the rear or side yard. forth in Table 6-H. 2. The following uses and activities shall also 6.8.9 Outdoor storage be exempt from the requirements of Table Outdoor storage shall comply with the 6-H: requirements of Table 6-I. a. The noises of safety signals, warning devices, emergency pressure relief 6.8.10 Smoke and dust valves, and any other emergency Visible emissions from a direct or fugitive emission devices. source may not exceed an opacity of 20% for more b. Traffic noise on public roads or noise than 2.5 minutes in any half-hour period. All visible created by aircraft and railroads. emissions must comply with the standards of the c. Noise created by refuse and solid Maine Department of Environmental Protection. waste collection. d. Emergency construction or repair 6.8.11 Storage and repair of vehicles work by public utilities, at any hour. A. In all residential zones, all island zones, and the Noise created by any recreational activities B-3 zone, only one unregistered motor vehicle which are permitted by law and for may be stored outside, for a period not which a license or permit has been exceeding 30 days. granted by the City, including but not In all other mixed-use zones, storage of limited to concerts, parades, sporting unregistered motor vehicles for more than 10 events, and fireworks displays. days, and outdoor storage of used automobile tires shall be prohibited. 6.8.7 Odor B. No partially dismantled, wrecked, or junked It shall be a violation of this article to create an odor vehicles shall be stored outdoors. This nuisance. An odor nuisance shall be considered to provision does not apply to vehicles exist when 10 confirmed complaints relating to undergoing repair. odors of such intensity and character as to be C. All vehicle repair facilities shall be screened detrimental to the public health and welfare occur along interior side and rear lot lines by a in an area within two separate 24-hour periods. The landscaped buffer or solid fence a minimum of 10 confirmed complaints must originate from 10 five feet in height. different households in a residential zone, or from FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-37 Page 147 USE STANDARDS TABLE 6-I: OUTDOOR STORAGE STANDARDS B-2/ I-L/ I-M/ B-1 B-3 B-4 B-5 B-6 I-B O A-B I-H B-2b I-Lb I-Mb There shall be no outdoor storage except for fully enclosed receptacles for solid waste ⏺ ⏺ ⏺ ⏺ ⏺ disposal. All outdoor storage must be located a minimum of 20 feet from any lot line. However, when abutting a residential zone, all outdoor storage must be located a ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ minimum of 100 feet from a lot line abutting such zone. Outdoor storage areas must be designed and maintained so as to prevent the accumulation of debris and standing water that can attract insects and vermin. All outdoor storage areas shall employ measures to prevent displacement of ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ materials and windblown dust or particulates, including the use of windbreaks, tarps, or other coverings to protect stored materials from the elements. No outdoor storage shall be permitted in the front setback, except for storage for plant and tree nurseries or lumber yards if listed as a permitted use. All such storage located in the front setback shall consist of ⏺ ⏺ ⏺ ⏺ live plant materials or lumber products. No aggregate materials, machinery, or other materials or products shall be stored in the front setback. All outdoor storage shall be suitably screened from the public way and abutting properties by a landscaped buffer or solid fence at least five feet in height. This does ⏺ ⏺ ⏺ ⏺ not apply to storage of materials allowed in the front setback for plant and tree nurseries or lumber yards. Exterior lighting of outdoor storage areas shall not exceed that which is required for security purposes and shall meet the ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ standards of Subsection 6..8.4. 6-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 148 USE STANDARDS 6.8.12 Waste disposal B. In all industrial zones, any use creating A. All solid waste disposal, including materials earthshaking vibrations, with the exception of which might cause fumes or dust, or constitute airports, shall be controlled in such a manner as a fire hazard if stored outdoors, shall be only in to prevent transmission beyond lot lines of fully enclosed, covered containers or vibrations causing a displacement of .003 or receptacles. In all nonresidential zones except greater on one inch, as measured by a for the industrial zones, such containers or vibrograph or similar instrument at the receptacles shall be within designated, property boundaries. screened areas. In industrial zones and the B-4 zone, outdoor storage of refuse, debris, or 6.8.14 Entertainment businesses in the B-3 and previously used materials awaiting reuse shall WCZ zones either be in an appropriate container or located A. In the B-3 and WCZ zones, a business with an within a designated, screened area. entertainment license as required or authorized B. Containers or receptacles shall not leak or by Chapter 4, Section 4-51(a) of the City of otherwise permit liquids or solids to escape Portland Code of Ordinance shall be from the container or be transferred beyond considered an entertainment business for the lot boundaries by natural causes or forces. purposes of this section, and may not be Areas attracting large numbers of insects or located within 100 feet of another vermin are prohibited. entertainment business, as measured along or C. Where food processing is permitted, all food across public ways from the main entrance or processing waste shall be stored within a entrances of each. This dispersal requirement completely enclosed structure. If not shall not apply to entertainment businesses refrigerated, such waste shall be removed from that do not allow amplified entertainment. the site in an enclosed container within 48 1. Any entertainment business located in the B-3 hours of its generation. All enclosed and or WCZ zones on or before January 3, 2006 exterior food processing waste storage areas shall not be required to comply with this shall be cleaned and sanitized on a regular dispersal requirement. If located within 100 basis. feet of another entertainment business, such business shall be considered a lawfully 6.8.13 Vibration nonconforming use subject to the standards of A. In any mixed-use zone and the O zone, Article 4 of this Code. Any such business shall vibration inherently and recurrently generated continue to be considered an entertainment shall be imperceptible without instruments at business for the purpose of administering this lot boundaries. This shall not apply to vibration dispersal requirement for a new or relocating resulting from activities aboard a vessel or from entertainment business in the B-3 and WCZ railroad vehicle activities, or from activities on a zones. pile-supported pier. 2. Where two or more entertainment businesses operate on one site, and where each business FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-39 Page 149 USE STANDARDS entity requires or has a separate business license, or displays in a manner visible from public property separate business trademarks, logos, service marks, or other mutually identifying names or symbols, each business entity shall be counted as a separate entertainment business for the purposes of this section. 3. Following a hearing held pursuant to Chapter 15, Section 15-10 of the City of Portland Code of Ordinances, the Building Authority may impose conditions on the food service license of any entertainment business in the B-3 and WCZ zones that operates between 1:00 a.m. and 4:00 a.m. to maintain or improve public safety. Such conditions may be imposed following a written recommendation from the Portland Police Department that such conditions are necessary. The Building Authority’s decision may be appealed to the City Manager pursuant to Chapter 15, Section 15-9 of the City of Portland Code of Ordinances. Nothing in this section shall be construed to limit the Building Authority’s authority in Chapter 15 to deny, suspend, or revoke any license pursuant to the standards and process in that chapter. 6-40 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 150 DIMENSIONAL STANDARDS 7 DIMENSIONAL STANDARDS Building length. The linear dimension of a building façade, measured along a street frontage. 7.1 APPLICABILITY Passageways, breezeways, and similar building Construction, alterations, and additions to connections are included in the calculation of total structures and buildings are governed by this article, building length. On sites with multiple buildings, except when superseded by other applicable laws or building length shall only be measured on buildings ordinances. It is the intent that, when in doubt, this abutting a street frontage. article should be interpreted to accommodate the goals of the City’s Comprehensive Plan and other Build-to percentage. The percentage of the plans. building façade that must be located within a build- to zone. Façade articulation meeting the standards 7.2 RULES OF MEASUREMENT of this Code, such as window or wall recesses and Blank wall area. The horizontal linear dimension of projections, are included as part of the required contiguous building façade, measured along a street build-to percentage even when they are recessed frontage, that does not contain fenestration, doors, beyond the build-to zone. Plazas, outdoor dining, change in wall plane, or other architectural or and other public open space features that are material embellishment. Any wall less than five feet bounded by a building façade parallel to the in height is not considered to be a blank wall. frontage are counted as meeting the build-to percentage. Build-to percentage is calculated as a ratio of the total building length of a principal structure, not street frontage. FIGURE 7-A: BLANK WALL AREA Footprint. The lot area contained within the outermost perimeter of the building envelope including cantilevered portions of the building, projections, and porches, decks, and similar attached structures integral to the building and FIGURE 7-B: MINIMUM LENGTH AND BUILD-TO contributing to its mass, but excluding roof PERCENTAGE overhangs less than two feet in depth. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-1 Page 151 DIMENSIONAL STANDARDS Build-to Zone (BTZ). The area on a lot, measured taken at the foundation of the structure where it perpendicular to the front and/or corner side lot meets the grade. line, where all or a portion of the applicable façade of a structure must be located, measured as minimum and maximum range from the lot line. Placement of a building at a build-to zone must not violate corner clearance requirements. FIGURE 7-D: AVERAGE GRADE Height. The vertical measurement from average grade, or the pre-development grade on the islands, FIGURE 7-C: BUILD-TO ZONE to the highest point of a structure. For buildings, height shall be measured to the roof beams in flat Floor area. The total floor space enclosed by roofs, to the highest point of the roof beams or the exterior or standard fire walls and roof of a building, highest point on the deck of mansard roofs, to a exclusive of vent shafts and courts. level midway between the level of the eaves and highest point of pitched roofs or hip roofs, or to a Grade, average. The average of elevation level two‑thirds of the distance from the level of the measurements at consistent intervals of no less eaves to the highest point of gambrel roofs. For this than three and no more than ten feet around the purpose, the level of the eaves shall be taken to entire perimeter of a structure. Measurements shall mean the highest level where the plane of the roof be taken at the foundation of the structure where it intersects the plane of the outside wall on a side meets the grade after construction. containing the eaves. Grade, pre-development. The average of elevation measurements, existing as of October 1, 2000, at consistent intervals of no less than three and no more than ten feet around the entire perimeter of a structure. Measurements shall be 7-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 152 DIMENSIONAL STANDARDS individual lots underlying townhouse dwelling units. On flag lots, no part of the “pole” connecting the main building area to the street shall be calculated as lot area. Lot coverage. The proportion of lot area covered by building footprint and the footprint of accessory detached structures. Lot line. A line of record bounding a parcel or area of land that is designated as an individual unit for use, development, or ownership. Lot line, corner side. The lot line perpendicular or approximately perpendicular to the front lot line and the longer lot line abutting the street on a corner lot. Lot line, front. The lot line separating a lot from a street right-of-way. The front lot line of a corner lot is the shorter lot line abutting the street. In the case of a through lot, both lot lines separating a lot from a street right-of-way are considered front lot lines. FIGURE 7-E: BUILDING HEIGHT MEASUREMENT Lot line, interior side. Any lot line that is not a front, rear, or corner side lot line and abuts an Landscaped open space ratio. The proportion of adjacent lot. lot area covered by landscaped open space, calculated by dividing the total landscaped open Lot line, rear. The lot line opposite and most space area by the lot area. For the purposes of this distant from the front lot line. In cases where a lot measurement, landscaped open space shall not has multiple lot lines that meet this definition, each include green roofs or structured or engineered of those lines shall be considered a rear lot line for surfaces. the purposes of applying setback and other dimensional requirements. In the case of triangular Lot area. The area of a lot enclosed within the or similar irregularly shaped lots, the rear lot line boundary lines of a lot. For townhouse dwellings, shall be established as a line of ten feet in length the minimum lot area per dwelling unit applies to entirely within the lot, parallel to and at a maximum the overall townhouse development and not to distance from the front lot line. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-3 Page 153 DIMENSIONAL STANDARDS FIGURE 7-F: LOT LINES Setback. The required minimum distance a Setback, corner side. A setback along the corner structure shall be located from a lot line, which is side lot line, extending from the front setback to the open, unoccupied and unobstructed except as rear lot line, the depth of which shall be measured otherwise permitted in this code of ordinances. A perpendicular to the corner side lot line. setback is located along the applicable lot line for the minimum depth specified by the zone in which Setback, front. A setback along the front lot line, such lot is located, and may be equal to or lesser extending between side lot lines, the depth of which than a yard. Setbacks do not apply to fences, shall be measured perpendicular to the front lot retaining walls, raised garden beds and other similar line. For flag lots, the front setback is measured structures. from the rear lot line of the lot that separates the flag portion of the lot from the street. For through lots, the front setback shall be applied on both street frontages unless the lot is in a residential district, in which case one frontage shall meet the front setback requirement and the other shall meet the rear setback requirement. In the case of lots without frontage on a street, the property line that parallels the nearest developed street shall be considered the front. Where front yard averaging is required to determine the front setback, the FIGURE 7-G: SETBACKS average is based upon the two adjacent lots on 7-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 154 DIMENSIONAL STANDARDS either side, or, in the case of a corner lot, the next accessory structures, including the minimum two adjacent lots. In the case of a lot configuration necessary housing of elevators, stairways, tanks where only one lot is available for averaging, the fans, or other building operating equipment not required front setback shall be that of the adjacent intended for human occupancy. lot. Where no lots are available for averaging, the front setback shall be a minimum of 20 feet in the Story. That portion of a building included between RN-1 and RN-2 zones, a minimum of 15 feet in the the surface of any floor and the surface of the floor, RN-3 zone, and a minimum of five feet in the RN-4 or the roof, next above. A half story is a story and I-B zones. situated under a sloping roof, the area which at a height four feet above the floor does not exceed two‑thirds of the floor area of the story immediately below it. A story which exceeds 18 feet in height shall be counted as two stories. A basement shall be counted as a story for the purpose of height measurement where more than one‑half of its height is above the average level of the adjoining ground. Street frontage. The distance for which a lot line adjoins a public street, from one lot line intersecting FIGURE 7-H: SETBACK AVERAGING said street to the furthest distant lot line intersecting the same street. Setback, rear. A setback along the rear lot line, extending between side lot lines, the depth of which Yard. The area of a lot between a lot line and a shall be measured perpendicular to the rear lot line. principal structure, measured as the horizontal distance between a specified lot line and a principal Setback, side. A setback along a side lot line structure. extending from the front lot line to the rear lot line, the depth of which shall be measured perpendicular Yard, corner side. A yard along the corner side lot to the side lot line. For townhouse dwellings, side line, extending from the front yard to the rear lot setback requirements are only applicable to end line, measured between the corner side lot line and units, not to any side sharing a party wall. a principal structure. Stepback. A space on a lot which is required by Yard, front. A yard along the front lot line, this article to be maintained open, unoccupied, and extending between side lot lines, measured between unobstructed, measured between lot lines and any the front lot line and a principal structure. On flag structure, that occurs at a prescribed height above lots, the front yard is measured from the rear lot the ground. Stepbacks shall apply to all attached FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-5 Page 155 DIMENSIONAL STANDARDS line of the lot that separates the flag portion of the Yard, side. A yard along the side lot line, extending lot from the street, and a principal structure. from the front yard to the rear yard, measured between the side lot line and a principal structure. Yard, rear. A yard along the rear lot line, extending between side lot lines or a side lot line and a corner 7.3 DIMENSIONAL STANDARDS side yard, measured between the rear lot line and a Tables 7-A to 7-G shall establish the dimensional principal structure. standards for each zone. Certain additional standards may apply per Section 6.4 and Sections 7.4, 7.5, and 7.6. FIGURE 7-I: YARDS 7-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 156 DIMENSIONAL STANDARDS TABLE 7-A: RESIDENTIAL NEIGHBORHOOD ZONE DIMENSIONAL STANDARDS RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 Single-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Two-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Three-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Four-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Lot area Townhouse -- 1,500 SF/unit -- 1,500 SF/unit -- 1,200 SF/unit (min.) 1,200 SF/unit, Multi-family 1,200SF/unit 725 SF/unit minimum of 435 SF/unit 40,000 SF Nonresidential 6,500 SF 6,000 SF 5,000 SF 2,000 SF 40,000 SF 2,000 SF 40 ft., except 15 20 ft., except 15 20 ft., except 15 Street frontage (min.) 40 ft. ft./unit for 40 ft. ft./unit for 50 ft. ft./unit for townhouse townhouse townhouse Average of Average of Average of Average of Front setback adjacent front adjacent front adjacent front adjacent front 25 ft. -- (min.) yards - 5 ft. yards - 5 ft. yards - 5 ft. yards - 5 ft. Principal structures and detached accessory 25 ft. 20 ft. 20 ft. 10 ft. 25 ft. 5 ft. Rear structures setback (>250 SF footprint) (min.) Detached accessory structures 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. (<250 SF footprint) 8 ft., except that 7 ft., except that 5 ft., except that a a side setback a side setback 5 ft., except that a side setback may Principal structures may be reduced may be reduced side setback may be be reduced to not and detached to not less than to not less than reduced to not less less than 0 ft. Side accessory 8 ft. 5 ft. provided 4 ft. provided 16 ft. than 0 ft. provided provided that the setback, structures that the that the that the cumulative cumulative side interior (>250 SF footprint) cumulative side cumulative side side yards are not yards are not less yards are not yards are not less than 10 ft. (min.) than 10 ft. less than 16 ft. less than 14 ft. Detached accessory structures 5 ft. 5 ft. 3 ft. 3 ft. 5 ft. 3 ft. (<250 SF footprint) 15 ft., or the 10 ft, or the 10 ft, or the depth of an depth of an depth of an adjacent front adjacent front adjacent front yard directly yard directly Side setback, corner yard directly abutting the abutting the -- 25 ft. -- (min.) abutting the corner side corner side corner side yard yard of the lot, yard of the lot, of the lot, whichever is whichever is whichever is less less less FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-7 Page 157 DIMENSIONAL STANDARDS TABLE 7-A (CONT.): RESIDENTIAL NEIGHBORHOOD ZONE DIMENSIONAL STANDARDS RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 35 ft., except 45 ft. for buildings with 3 or more dwelling 65 ft., except Structure height (max.) units. In all cases, 45 ft. within 15 (Unless otherwise governed by the height shall be ft. of an RN-1, 35 ft. 35 ft. 35 ft. 55 ft. City of Portland Height Map or the limited to 35 ft. RN-2, RN-3, Fort Sumner Park Height Overlay) within 15 ft. of a RN-4, OS-R, or rear lot line when OS-P zone abutting an RN-1, RN-2, or RN-3 zone Detached accessory structure 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. height (max.) Building length (max.) (Multi-family + Nonresidential -- -- -- 70 ft. 180 ft. -- uses) Residential 60% 60% 60% 60% 60% 100% Lot coverage uses (max.) Nonresidential 35% 50% 50% 60% 50% 100% uses Landscaped Residential 30% 30% 30% 20% 30% -- open space uses ratio Nonresidential 50% 30% 30% 20% 30% -- (min.) uses 9 ft. or 30% of 9 ft. or 30% of the the front front façade, façade, Width of garage opening on whichever is whichever is -- -- -- front façade (max.) greater, however greater, in no case more however in no than 20 ft. case more than 20 ft. 7-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 158 DIMENSIONAL STANDARDS TABLE 7-B: ISLAND ZONE DIMENSIONAL STANDARDS I-B Served by I-B Not Served by Public Water & Public Water & IR-1 IR-2 Sewer Sewer 40,000 SF, except 20,000 SF, except 3,000 SF if a Single-family 60,000 SF if not served small island lot per Subsection 5,000 SF 20,000 SF by public water 7.6.3 40,000 SF, except 20,000 SF, except 3,000 SF if a Two-family 60,000 SF if not served small island lot per Subsection 5,000 SF 20,000 SF Lot area by public water 7.6.3 (min.) Three-family -- -- 5,000 SF 20,000 SF Four-family -- -- 5,000 SF 20,000 SF Multi-family -- -- 1,200 SF/unit 5,000 SF/unit Nonresidential 40,000 SF 20,000 SF None 20,000 SF Street frontage 50 ft., except 30 ft. if a small island 100 ft. 40 ft. 40 ft. (min.) lot per Subsection 7.6.3 Front setback 20 ft. or the average of adjacent Average of adjacent Average of adjacent 20 ft. (min.) front yards, whichever is less front yards - 5 ft. front yards - 5 ft. Principal structures and detached 25 ft., except 15 ft. if a small island Rear accessory 30 ft. 10 ft. 10 ft. lot per Subsection 7.6.3 setback structures (min.) (>250 SF footprint) Detached accessory 5 ft., except 3 ft. if a small island 5 ft. 5 ft. 5 ft. (<250 SF footprint) lot per Subsection 7.6.3 12 ft., except 8 ft. if a small island Principal structures lot per Subsection 7.6.3. Small and detached Side island lots may reduce one side accessory 20 ft. 10 ft. 10 ft. setback, setback to no less than 6 ft. structures interior provided that the cumulative side (<250 SF footprint) (min.) yards are not less than 16 ft. Detached accessory 5 ft., except 3 ft. if a small island 5 ft. 5 ft. 5 ft. (<250 SF footprint) lot per Subsection 7.6.3 Side setback, corner 12 ft., except 8 ft. if a small island 20 ft. 10 ft. 10 ft. (min.) lot per Subsection 7.6.3 Structure height 35 ft., except 27 ft. on Little 35 ft. 35 ft. 35 ft. (max.) Diamond Island Detached accessory structure 18 ft. 18 ft. 18 ft. 18 ft. height (max.) 40%, except 60% if small island Lot coverage (max.) 20% 60% 60% lot per Subsection 7.6.3 Landscaped open space ratio 50%, except 30% if a small island 70% 20% 20% (min.) lot per Subsection 7.6.3 FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-9 Page 159 DIMENSIONAL STANDARDS TABLE 7-C: MIXED-USE ZONE DIMENSIONAL STANDARDS B-1 B-2/B-2b B-3 B-4 B-5 B-61 Lot area (min.) -- -- -- 10,000 SF -- -- Street frontage (min.) 20 ft. -- -- 60 ft. -- -- Gross floor area (max.) (Nonresidential uses on the ground 5,000 SF -- -- -- -- -- floor only, unless otherwise permitted or restricted) Build-to zone 0–5 ft. 0–10 ft. 0-5 ft. 0-20 ft. 0-10 ft. 0-10 ft. Build-to percentage (min.) 100% 100% 100% 50% 80% 80% B-2: None Lots up to 50 B-2b: Lots up ft. in frontage: to 50 ft. in Building length as a percentage of 80% -- frontage: 80% -- 60% 70% street frontage (min.) Lots greater Lots greater than 50 ft. in than 50 ft. in frontage: 60% frontage: 60% Blank wall area (max.) 20 ft. 20 ft. 20 ft. 40 ft. 20 ft. 20 ft. None, except None, except None, except 10 ft. if 10 ft. if 20 ft. if Rear setback abutting a lot abutting a lot -- abutting a lot -- -- (min.) in a residential in a residential in a residential zone zone zone None, except 5 None, except 5 None, except ft. if abutting a ft. if abutting a 10 ft. if Side setback, interior lot in a lot in a -- abutting a lot -- -- (min.) residential residential in a residential zone zone zone 75 ft., or as shown on the City of 55 ft., except 35 Portland 75 ft., or as ft. within 20 ft. Height Map, See City of shown on the See City of Structure height of an RN-1, RN- except 50 ft. Portland 65 ft. City of Portland (max.) 2, RN-3, OS-R, within 15 ft. of Height Map Portland Height Map or OS-P zone2 an RN-1, RN-2, Height Map RN-3, RN-4, OS-R, or OS-P zone Landscaped open space ratio B-2: 10% -- -- 20% -- -- (min.) B-2b: None 1 In the case of a conflict with the B-6 Building Height and Building Envelopes Map, the map shall control. 2 In the B-1 zone on Washington Avenue north of Gould Street, structure height shall be limited to 45 ft. 7-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 160 DIMENSIONAL STANDARDS TABLE 7-D: TRANSIT-ORIENTED DEVELOPMENT ZONE DIMENSIONAL STANDARDS TOD-1 TOD-2 Lot area (min.) -- -- Street frontage (min.) -- -- Build-to zone 0-10 ft. 0-5 ft. Build-to percentage (min.) 100% 100% Building length as a percentage of street frontage Lots up to 50 ft. in frontage: 80% 80% (min.) Lots greater than 50 ft. in frontage: 60% Blank wall area (max.) 20 ft. 20 ft. Rear setback None, except 20 ft. if None, except 20 ft. if (min.) abutting a lot in a residential zone abutting a lot in a residential zone Side setback, interior None, except 10 ft. if None, except 10 ft. if (min.) abutting a lot in a residential zone abutting a lot in a residential zone Structure height (min./max.) Min.: 35 ft. Min. 35 ft. (Unless otherwise governed by the City of Portland Height Max. 85 ft., except 50 ft. within 30 ft. of an Max. 125 ft., except 50 ft. within 30 ft. of an Map) RN-1, RN-2, RN-3, or RN-4 zone RN-1, RN-2, RN-3, or RN-4 zone Landscaped open space ratio (min.) 10% -- FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-11 Page 161 DIMENSIONAL STANDARDS TABLE 7-E: OFFICE PARK DIMENSIONAL STANDARDS O Lot area (min.) 10,000 SF, except 3 ac. for an office park Street frontage (min.) 40 ft., except 100 ft. for an office park Gross floor area (max.) -- (Nonresidential uses) Front setback (min.) 15 ft., except 50 ft. for an office park Rear setback (min.) 20 ft., except 50 ft. for an office park Side setback, interior 15 ft., except 25 ft. for an office park, or 40 ft. where an office park abuts a residential zone (min.) Side setback, corner (min.) 15 ft., except 50 ft. for an office park Structure height (max.) 45 ft., except 55 ft. for an office park, or 75 ft., including rooftop appurtenances, on lots (Unless otherwise governed by the City of Portland Height within office parks which are greater than 50 ac. if each minimum setback is increased by 1 Map) ft. for each 1 ft. of height above 55 ft. Lot coverage (max.) 60% Landscaped open space ratio (min.) 30%, except 40% for an office park 7-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 162 DIMENSIONAL STANDARDS TABLE 7-F: INDUSTRIAL AND AIRPORT ZONE DIMENSIONAL STANDARDS I-L I-Lb I-M I-Mb I-H A-B Lot area (min.) -- -- -- -- -- 20,000 SF Street frontage (min.) 60 ft. 60 ft. 60 ft. 60 ft. 60 ft. 50 ft. None, except 20’ Setback from street if property has 15 ft. -- 15 ft. -- 25 ft. (min.) frontage on Westbrook St. 15 ft., except 35 None, except 25 15 ft., except 35 None, except 25 None, except 50 Rear setback ft. when abutting ft. when abutting ft. when abutting ft. when abutting 35 ft. ft. if abutting (min.) residential zone residential zone residential zone residential zone residential zone1 15 ft., except 35 None, except 25 15 ft., except 35 None, except 25 None, except 25 Side setback, interior ft. when abutting ft. when abutting ft. when abutting ft. when abutting 35 ft. ft. if abutting (min.) residential zone residential zone residential zone residential zone residential zone Structure height (max.) 75 ft., except 45 (Unless otherwise governed ft. within 100 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. by the City of Portland Height of a residential Map) zone Landscaped open space 35% -- 15% -- 15% -- ratio (min.) 1 No structure may extend beyond the building line established for any runway or taxiway. If provided, rear and side yards must not be less than 5 ft. in width. TABLE 7-G: OPEN SPACE ZONE DIMENSIONAL STANDARDS 1 OS-R OS-P Lot area (min.) -- 20,000 SF Front setback (min.) 20 ft. 25 ft. 20 ft., except none if abutting a parcel in the Rear setback (min.) 50 ft. OS-R or OS-P zone 10 ft., except none if abutting a parcel in the Side setback, interior (min.) 10 ft. OS-R or OS-P zone Side setback, corner (min.) 10 ft. 20 ft. Structure height (max.) 45 ft. 35 ft. (Unless otherwise governed by the City of Portland Height Map) Lot coverage (max.) 25% 10% 75%, except 25% for stadiums and none for Landscaped open space ratio (min.) 90% sewage treatment facilities 1 Public open spaces less than 2 ac. and on the peninsula are not required to meet the OS-R dimensional standards. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-13 Page 163 DIMENSIONAL STANDARDS 7.4 ALTERNATIVE RESIDENTIAL frontage on a street, private way, or DEVELOPMENT OPTIONS common open space within the The following alternative residential development development. options are available within certain zones as b. The maximum number of lots indicated. These alternative residential development permitted within a conservation options are intended to provide creative development shall be determined by opportunities for residential development by the total acreage of the site divided by modifying standards within certain zones to allow the applicable minimum residential lot for a variety of densities and site designs. Alternative area requirement of the underlying residential development options may not be zone. combined. c. All lots within the conservation residential development shall meet 7.4.1 Conservation residential development the dimensional requirements of the A. A conservation residential development underlying zone with the exception of permits a reduction in minimum lot area in the following: exchange for provision of common open space, i. Minimum lot area and street allowing for the efficient use of land and frontage may be reduced by no preservation of Portland’s natural resources. more than 50%. B. Conservation residential development is ii. Maximum lot coverage and permitted in the RN-1, IR-1, and IR-2 zones. minimum landscaped open space C. A conservation residential development shall be ratio requirements do not apply to a minimum of two acres in area. lots of 5,000 square feet or less in D. A conservation residential development shall be lot area. designed to prioritize the preservation of iii. A minimum side setback of five important natural features such as streams, feet applies to all lots within a wetlands, stands of mature trees, and critical conservation residential wildlife habitats. Development shall minimize development unless otherwise impacts on the natural environment by specified below. carefully laying out structures, streets, and iv. A minimum corner side setback of other infrastructure, including buffer zones to ten feet applies to all corner lots protect and connect existing natural areas on within a conservation residential site. development unless otherwise E. Development standards specified below. 1. Site layout v. Front and rear setbacks may be a. All lots within a conservation reduced by 50% for all lots within residential development shall have the conservation residential 7-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 164 DIMENSIONAL STANDARDS development, unless otherwise iii. No more than 50% of the required specified below. common open space shall be vi. Where a lot within the covered by water. conservation residential iv. Structures located within any development abuts adjacent common open space shall be property, minimum side and rear accessory to any recreational use setbacks are required in of the space. accordance with the standards of b. Common open space may be the underlying zone. conveyed as follows: vii. Where a lot within the i. To the City of Portland. conservation residential ii. To a nonprofit corporation or development abuts a street at the charitable trust, the purposes or perimeter of the development, powers of which include retaining minimum front setback and or protecting the natural, scenic, minimum street frontage is or open space values of real required in accordance with the property; assuring the availability standards of the underlying zone. of real property for agricultural, 2. Common open space forest, recreational, or open space a. In addition to any open space use; protecting natural resources; otherwise required by this code, 30% or maintaining or enhancing air or of the total site area of a conservation water quality of real property. residential development shall iii. To one or more homeowner’s comprise common open space. associations. Common open space shall be c. Common open space associated with designed as follows: a conservation residential i. Required common open space development shall not be sold, and has shall maintain a minimum width of no future development rights. at least 30 feet in any direction. ii. Common open space may be 7.4.2 Cottage court residential development improved for recreational use, or A. A cottage court residential development allows left in a natural state. If improved for small lot residential development in a for recreational use, no more than manner that coordinates dwelling types and 10% of the common open space common open space into a cohesive whole, shall comprise impervious maintained in shared stewardship by residents. surfaces. B. Cottage court residential development is allowed in the RN-1, RN-2, RN-3, and IR-2 zones. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-15 Page 165 DIMENSIONAL STANDARDS C. A cottage court residential development may dwellings under the base zoning be designed as dwellings on individual lots, or district. as multiple dwellings on a lot in common b. In the IR-2 zone, the minimum total lot ownership. area required for a cottage court D. Use limitations residential development is calculated 1. Only single-family and two-family dwellings as 3,000 square feet per dwelling, for are permitted within a cottage court all proposed dwellings. residential development. c. Individual lots within a cottage court 2. No more than 25% of the residential residential development are exempt structures in a cottage court development from the standards of the underlying shall be two-family dwellings. zone for lot area, street frontage, 3. Accessory dwelling units are not permitted setbacks, lot coverage, and landscaped within a cottage court residential open space ratio. However, standards development. for street frontage, setbacks, lot 4. Buildings for common facilities for use by coverage, and landscaped open space the residents, such as laundry facilities, ratio apply to the cottage court communal kitchens, and common rooms, residential development as a whole. are also permitted. 4. All residential structures within a cottage E. Development standards court shall front onto a street or a 1. A cottage court residential development common open space. shall contain a minimum of four residential 5. Common open space areas within cottage structures. court residential developments shall meet 2. The maximum number of residential the following standards: structures within a cottage court a. Required common open space shall be development is 12. When cottage court provided at a ratio of 300 square feet residential development is occurring on per dwelling unit. multiple adjacent development sites, the b. Required common open space shall be maximum number of residential structures provided in the form of a centrally within all development sites is 24. located, contiguous open space. Such 3. All standards of the underlying zone apply, open space shall maintain a minimum with the following exceptions: dimension of 30 feet in width, and a. In the RN-1, RN-2, and RN-3zones, the shall front on a public street. minimum total lot area required for a c. A maximum of 30% of the common cottage court residential development open space shall be hardscape. is calculated as 50% of the cumulative d. Off-street parking may be provided on lot area required for all proposed individual development sites for each 7-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 166 DIMENSIONAL STANDARDS residential structure within the toward the maximum number of units cottage court, or in a shared parking in the development. area serving multiple residential structures. Common parking areas 7.5 SUPPLEMENTAL DIMENSIONAL shall contain no more than ten spaces STANDARDS each and must be screened from 7.5.1 Corner clearance abutting lots that are not part of the No shrub, wall, fence, sign, or pile of material higher development. Parking shall not be than 3 1/2 feet above the lowest elevation at the located between principal structures curbline shall be permitted on a corner lot within and the street, or within any required the area of a triangle formed by a line connecting common area. the curblines of the intersecting streets at points 25 F. Small unit bonus feet from the corner, unless said obstruction is 1. Cottage court residential developments reviewed by the Public Works Authority and found may be eligible for a development bonus in not to be a traffic or public safety hazard. exchange for construction of small dwelling units as described in this section. 7.5.2 Pedestrian passage required 2. To be eligible, all dwelling units, including A. Where a nonresidential or mixed-use building any dwelling units achieved through the exceeds 300 feet in length along a public right- bonus, shall be 800 square feet or less in of-way, and abuts two parallel frontages with floor area. pedestrian facilities, or one frontage with 3. Bonus pedestrian facilities and a public park, or other a. The number of residential structures public open space on the side of the building able to be developed as part of the opposite the street frontage, a pedestrian overall cottage court residential passage is required to provide a break in the development may be increased by ground-floor façade and facilitate mid-block 35%, but shall not exceed three bonus connectivity. Such passage shall meet the residential structures. following standards: b. Residential structures achieved 1. Passages shall be designed to through the bonus shall meet the accommodate pedestrians and, to the development standards of the cottage extent practicable, bicyclists. Vehicular court development as set forth in item access and circulation shall not be allowed E above. as a component of a passage. c. Residential structures achieved 2. Passages shall be a minimum of 30 feet in through the bonus are not included in width and 20 feet in height and shall be the calculation of minimum total lot located within the middle third of the area required for the overall cottage building, measured along the frontage. court development, and do not count FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-17 Page 167 DIMENSIONAL STANDARDS 3. Ground floor uses shall be oriented toward b. Ground floor uses shall be oriented the passage, including public entrances. toward the recessed area, including 4. Ground floor façades facing into building public entrances. passages in nonresidential and mixed-use c. The recessed area is subject to all buildings shall maintain a minimum transparency requirements. transparency of 35% of the wall area of the d. The recessed area shall be designed as passage. public or common space including 5. Passages shall be designed to maintain amenities such as seating areas, views from one end through to the other. landscaping, lighting, decorative 6. Inclusion of decorative elements such as elements, and public art. lighting installations or public art within e. For the purposes of any build-to zone passages is encouraged. requirement, a building recess 7. Passages shall align with the street grid or meeting these standards is considered other points of access to sidewalks, public part of the building façade that meets paths, parking lots, public parks or other such requirement. publicly owned open space where feasible. C. Where another means of meeting the City’s 8. For the purposes of any build-to zone connectivity goals may be preferable to requirement, a building passage is providing a pedestrian passage as specified in considered part of the building façade that this subsection, the Planning Board or Planning meets such requirement. Authority may waive these requirements and B. Where a nonresidential or mixed-use building approve an alternative design. exceeds 300 feet in length along a public right- of-way, but does not abut two parallel 7.5.3 Towers frontages with pedestrian facilities as specified A. Purpose and applicability. Portions of in item A above, a break in the building massing buildings extending above a height of 125 feet is required as follows: shall be considered towers, and are subject to 1. Building mass shall be recessed a minimum additional standards to ensure their design of 20 feet in depth for no less than 30 minimizes encroachment into view corridors, linear feet along the façade. Such recess ensures adequate provision of light and air to shall extend the full height of the building, adjacent streets, trails, and open spaces, and and shall meet the following criteria: enhances the visual richness and aesthetic a. The recess shall be located within the appeal of the Portland skyline. middle third of the building, measured B. Stepback required along the frontage. 1. Portions of buildings higher than 125 feet shall be stepped back a minimum of 30 7-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 168 DIMENSIONAL STANDARDS feet from any street or public open space, 2. Structures with multiple façades abutting a with the following exceptions: street or public open space are subject to a. Structures subject to standards that the following: require a stepback below 125 feet in a. Structures with two façades subject to height shall be exempt from providing the required stepback must meet the additional stepback above 125 feet. standard as established in paragraph This exemption applies regardless of (A) above for both façades. the dimension of the required b. Structures with three façades subject stepback at lower building heights. to the required stepback must meet b. Structures that voluntarily achieve a the standard as established in total stepback, below 105 feet in paragraph (A) above for the two height of 20 feet or greater from any longest building façades. The third street or public open space, with at façade shall either meet the standard least one stepback occurring between as established in paragraph (A) above, 35 and 65 feet in height. No individual or provide a 15 foot wide streetscape stepback used to meet this standard improvement area containing a public shall be less than ten feet in depth. sidewalk, landscaping, and other streetscape improvements within the abutting street right-of-way and/or private property along the street frontage. c. Structures with four or more façades subject to the required stepback must meet the standard as established in paragraph (A) above for the two longest building façades. The remaining building façades shall either meet the standard as established in paragraph (A) above, or provide a 15 foot wide streetscape improvement area containing a public sidewalk, landscaping, and other streetscape improvements within the abutting street right-of-way and/or private property along the street frontages. 3. The Planning Board shall have the FIGURE 7-J: TOWER STEPBACK authority to waive one or more of the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-19 Page 169 DIMENSIONAL STANDARDS required stepbacks provided that one of feature to provide pedestrian the following conditions is met: protection and wind mitigation shall a. The depth of the building lot be provided within the first 35 feet of precludes a building having an average height. minimum lot depth dimension of 170 c. The applicant shall demonstrate that feet. building design elements and location b. The proposed building has an will reasonably mitigate downdraft architecturally significant design that effects of the proposed building or is articulated to avoid a monolithic buildings. appearance and emphasizes slender, C. Tower floor plates. To minimize shadow and vertically-oriented proportions while wind impacts, loss of views, and to allow for the employing a variety of scales, passage of light and air into interior spaces, materials, fenestration, and massing to those portions of a building above 125 feet in assure a rich, visually interesting height are limited to a maximum floor plate of experience as viewed within the 10,000 square feet. context of the downtown skyline and provide visual interest and human scale at the pedestrian level. 4. In the event that the Planning Board grants a waiver for one or more of the required stepbacks, the Board may require the applicant to mitigate the impacts of the waiver by requiring any or all of the following conditions: a. Along all public street frontages and public open spaces, all buildings FIGURE 7-K: TOWER FLOOR PLATES (regardless of height) shall maintain a pedestrian scale through the use of D. Tower separation. In order to preserve view building elements at the street level as corridors and to maintain a varied skyline, the listed in this standard along no less following tower separation requirements apply: than 60% of the building’s horizontal 1. All portions of buildings above 125 in height length. shall provide a minimum of 35 feet of b. Along all public street frontages and setback from side and rear lot lines when public open space for the building(s) abutting another tower. over 125 feet, a canopy, awning, or similar permanent architectural 7-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 170 DIMENSIONAL STANDARDS 2. Towers within a single development site that adds visual interest to the Portland shall be separated to avoid the appearance skyline. This does not apply to towers in of a tall, solid block massing. the B-3 zone located north of Cumberland 3. All portions of buildings above 125 feet in Avenue. height shall be separated a minimum 2. No habitable floor area shall be created distance of 75 feet, measured parallel to within the building envelope provided by any applicable street frontage. an architectural cap, unless the following 4. On development sites of 500 feet or standards are met: greater as measured parallel to Marginal a. A minimum of 50% of such habitable Way, the aggregate building façade widths floor area is devoted exclusively to above 85 feet shall not exceed 50% of the one or more uses open to the public, total development site distance parallel to such as a restaurant, atrium, or Marginal Way. Buildings over 125 feet in viewing area. height that are being reviewed as separate b. The primary design intent and phases shall be entitled to meet the 50% expression of the architectural cap building requirement in aggregate for all shall determine whether additional such buildings over 125 feet in height, floor area is created. Such floor area provided that view corridors are retained should be clearly incidental to the as each phase is built. design expression, rather than a continuation of floor plates found below the architectural cap. 7.5.4 Supplemental dimensional standards for specific structures A. Fences. In residential zones, no wall or fence within 15 feet of the street shall be more than four feet in height, unless said fence is located in the side or rear yard. B. Swimming pools. Outdoor swimming pools as accessory uses shall be subject to the following dimensional standards: FIGURE 7-L: TOWER SEPARATION 1. No swimming pool shall be sited in the front yard. E. Architectural cap allowance 2. No part of any swimming pool shall be 1. A tower may extend up to 40 feet above located closer than 10 feet from the the designated height limit for the purpose principal structure, nor closer than 10 feet of enclosing rooftop appurtenances, and from side or rear lot lines. providing a distinctive architectural cap FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-21 Page 171 DIMENSIONAL STANDARDS 7.6 SPACE AND BULK EXCEPTIONS C. Exceptions to minimum height 7.6.1 Height requirements in the B-6 zone. Minimum A. Exceptions to minimum height height provisions as depicted on the B-6 requirements in any zone. Minimum height Building Height Overlay and Building Envelopes requirements in any zone shall not apply to the map shall not apply to: following: 1. Buildings located in the area east of 1. Accessory building components and Freedom Way. structures such as truck loading docks, 2. Parking garages. covered parking, mechanical equipment 3. Additions to buildings existing as of enclosures and refrigeration units. December 8, 2004 provided that the 2. Information kiosks, ticketing booths, cumulative additions since December 8, parking attendant booths, or bank remote 2004 do not exceed 25% of the building teller facilities. footprint on December 8, 2004, except 3. Structures accessory to parks or plazas. that such restriction shall not apply to 4. Utility substations, including sewage those portions of the building addition that collection and pumping stations, water are constructed closer to the street line pumping stations, transformer stations, than the building footprint existing as of telephone electronic equipment December 8, 2004. enclosures, and other similar structures. 4. Buildings or building additions of less than B. Exceptions to minimum height 2,000 square feet footprint on lots or requirements in the B-3 zone. Minimum available building sites of less than 2,000 height provisions as depicted on the City of square feet. Portland Height Map shall not apply to: D. Exception for public art. Except in residential 1. Additions to buildings existing as of June 4, zones, public art that has been individually 2007 provided that the cumulative accepted by the City Council for inclusion additions since June 4, 2007 do not exceed within the public art collection pursuant to 10% of the building footprint on June 4, Article 20 shall not be subject to the height 2007, except building additions on those limitations within the underlying zone. portions of the lot located closer to the E. Exceptions for rooftop appurtenances. street line than the building footprint Unless otherwise noted, rooftop existing as of June 4, 2007 shall not be appurtenances for the housing of elevators, included in this 10% limitation. stairways, access vestibules, tanks, fans, or 2. Buildings or building additions of less than other building operating equipment not 2,500 square feet footprint, on lots or intended for human occupancy, pedestal paver available building sites of less than 3,000 systems and decks up to 18 inches in height square feet. above the surface of the roof, deck railings or 7-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 172 DIMENSIONAL STANDARDS guards, skylights, steeples, flag poles, chimneys, 2. In the B-3, B-5, B-6, TOD-1, and TOD-2 smokestacks, radio or television masts, water zones, additions to buildings existing as of tanks, or silos may be erected above the height the effective date of this Code that do not limitations herein prescribed. Unenclosed cumulatively exceed 25% of the building shade structures covering up to 200 square footprint as of the effective date of this feet in floor area, and other appurtenances Code are not required to meet minimum associated with rooftop occupancy may be building length standards. However, any erected to a height not exceed ten feet above such additions shall increase conformity the surface of the roof. with the standards to the extent F. Exception for telecommunication towers. practicable. Where permitted, ground-mounted B. In the B-6 zone. Buildings located in the area telecommunication towers may be erected east of Freedom Way shall be exempt from the above the height limitations within the minimum building length requirement. underlying zone. C. Lots with multiple street frontages. Where a G. Exception for accessory structures integral minimum building length as a percentage of to principal uses in the I-L, I-Lb, I-M, I-Mb, street frontage applies to a lot with multiple and I-H zones. Where an accessory structure street frontages, the street with the highest is integral to the operation of a principal use in traffic volume shall meet the established the I-L, I-Lb, I-M, I-Mb, or I-H zone, such standard. In the case of a lot with two street structure shall not be subject to the height frontages, the second frontage shall meet a maximums for the zone. Such accessory reduced standard of 40%. If there are more structures may include smokestacks, chimneys, than two frontages, there is no minimum cooling towers, water towers, and similar requirement for any frontage beyond the two features. with the highest traffic volumes. D. The Planning Board may approve a different 7.6.2 Building length building length to comply with the standards of A. Additions to existing buildings the City of Portland Design Manual provided 1. In the B-2b, additions to buildings existing that the building length standard is met to the as of the effective date of this Code that maximum extent practicable. do not cumulatively exceed 50% of the building footprint as of the effective date 7.6.3 Lot area of this Code are not required to meet A. Small island lots minimum building length standards. 1. Existing developed and undeveloped lots in However, any such additions shall increase the IR-2 zone on Peaks Island that do not conformity with the standards to the meet the 20,000 square foot minimum lot extent practicable. area standard as of the effective date of this Code shall be deemed to be small FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-23 Page 173 DIMENSIONAL STANDARDS island lots, subject to modified lot area, applicable minimum lot area, whichever is street frontage, setback, lot coverage, and larger. landscaped open space ratio requirements for residential uses. These standards apply 7.6.4 Setbacks only to lots in the IR-2 zone on Peaks A. Permitted encroachments into required Island. setback areas 2. The standards for small island lots shall 1. Any setback may be occupied by a one- apply to existing residential uses as well as story entrance porch not enclosed, with or new residential development on qualifying without a roof, if the area of the porch lots. The small island lot standards shall not does not exceed 50 square feet within the apply to lots in nonresidential use or to side or rear setback or 250 square feet nonresidential development in the IR-2 within the front setback, nor the zone. projection from the building exceed six 3. A new dwelling may be built on a small feet. Stairs necessary to access a porch island lot subject to modified dimensional shall not be included in this calculation. A standards, provided that the lot is basement bulkhead of similar size, but not currently vacant, in residential use, used more than 24 inches in height, is also exclusively for parking, or contains permitted. A cornice eave, sill, canopy, structure(s) not used for residential chimney, bay window, balcony, or other purposes. similar architectural feature may encroach 4. New small island lots may only be created into any required setback a distance of not by a single lot division of an existing lot, more than two feet. with the remaining developed portion 2. Ground-mounted and building-mounted meeting the standard dimensional mechanical equipment may encroach into requirements of the IR-2 zone. Further a required side or rear setback. This division of the remaining lot to create includes mechanical equipment related to additional small island lots is prohibited. the operation of the structure, such as 5. Lots created as part of a cottage court heating, ventilation, and air conditioning development in the IR-2 zone shall not be (HVAC) equipment, personal electrical considered small island lots, and shall be generators, and swimming pool pumps and subject to the standards for cottage court filters. This allowance does not include development. window-mounted or through-the-wall air B. Residential lots not served by public sewers. conditioning units. A lot in an unsewered residential district shall B. Build-to zone exceptions meet the provisions of the state Minimum Lot 1. Limited access roads are not considered Size Law, 12 M.R.S. § 4807 et seq., or the street frontages for the purposes of build- 7-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 174 DIMENSIONAL STANDARDS to zone requirements, and are exempt case of a lot with two street frontages and from build-to zone standards. a corner, buildings shall be sited at the 2. Build-to zone requirements shall not apply street corner and both frontages shall to utility substations, alternative energy meet the required build-to zone. In the installations, and secondary building case of a lot with three or more street components such as truck loading docks, frontages encompassing two or more mechanical equipment enclosures, and corners, buildings shall be sited at the refrigeration units. corners, and the two streets with the 3. The Planning Board or Planning Authority highest traffic volume shall meet the may approve a different front setback or established standard. Build-to zone build-to zone for irregularly shaped lots requirements shall not apply to any provided the front setback or build-to frontage beyond the two with the highest zone is met to the maximum extent traffic volumes. practicable. 7. In the B-6 zone, build-to zone 4. In the mixed-use and transit-oriented requirements do not apply to parking development zones, where buildings are garages and public transportation facilities. set back more than 10 feet from a lot line Notwithstanding required setbacks, new abutting a street, or in the B-4 zone where structures located in the blocks located buildings are set back more than 20 feet south of Fore Street and north of from a lot line abutting a street, a Commercial Street and its extension shall continuous, attractive, and pedestrian- build to the key building envelopes shown scaled edge treatment shall be constructed on the City of Portland Height Map. along the street, consisting of street trees Buildings located in the area east of spaced at no more than 15 feet on center, Freedom Way shall not have a maximum approved by the City Arborist, and a front setback and shall not be required to combination of landscaping no less than build to the key building envelope four feet deep, ornamental brick or stone perimeter. Parking structures and the walls, or ornamental fencing. buildings for public transportation facilities 5. In the B-3 zone, the Planning Board may may, however, be set back beyond the key require or approve an alternative build-to building envelopes (toward the interior of zone to comply with the design standards blocks), but may not occupy the land of Article 13 and the City of Portland between the key building envelope and the Design Manual. street right-of-way. 6. Where build-to zone requirements apply 8. Build-to zone requirements shall not apply to a lot with multiple street frontages, the to additions to existing buildings as follows: two streets with the highest traffic volume a. Build-to zone requirements shall not shall meet the established standard. In the apply to vertical additions to existing FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-25 Page 175 DIMENSIONAL STANDARDS buildings to meet minimum height a. RN-1, RN-2: No side setback shall be requirements. reduced to less than 5 feet. b. In the B-1, B-2, and B-2b zones, build-to b. RN-3: One side setback may be zone requirements shall not apply to reduced to zero feet, provided the additions to buildings existing as of other shall be reduced to not less than the effective date of this Code that do 5 feet. A permanent maintenance not cumulatively exceed 50% of the easement a minimum of 5 feet in building footprint as the effective date width shall be provided on the parcel of this Code. However, any such adjacent to the lot line with the zero additions shall increase conformity foot setback. with the standards to the extent practicable. 7.6.5 Stepbacks and areas of limited height c. In the B-4, B-5, B-6, TOD-1, and TOD-2 adjacent to RN or open space zones zones, build to zone requirements A. A cornice eave, sill, canopy, chimney, bay shall not apply to additions to window, balcony, or other similar architectural buildings existing as of the effective feature may project into any required stepback date of this Code that do not or area of limited height adjacent to an RN or cumulatively exceed 25% of the open space zone a distance of not more than building footprint as of the effective two feet. date of this Code. However, any such B. Building mounted mechanical equipment may additions shall increase conformity encroach into a required stepback or area of with the standards to the extent limited height adjacent to an RN or open space practicable. zone by no more than 50% of the width of such C. Minimum setback exceptions for required stepback. This includes mechanical nonconforming lots equipment related to the operation of the 1. In the case of a nonconforming lot existing structure, such as heating, ventilation, and air as of June 5, 1957 in the RN-1, RN-2, RN-3, conditioning (HVAC) equipment. and RN-4 zones and less than 100 feet deep, the front setback need not be 7.6.6 Street frontage deeper than 20% of the depth of the lot. In the IR-1 and IR-2 zones, a lot that is buildable 2. In the case of a nonconforming lot existing pursuant to Subsection 4.3.1 and lots created after as of June 5, 1957 in a residential zone, the July 15, 1985, which are not part of a subdivision required side setback for principal need not provide street frontage if access is structures may be reduced in order to available by means of a permanent easement or provide a buildable width of up to 24 feet right-of-way which existed as of July 15, 1985. Such as follows: easement or right-of-way shall have a minimum 7-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 176 DIMENSIONAL STANDARDS width of 16 feet and a minimum travel width of eight feet except that an easement or right-of-way providing access for three or more lots or providing the only means of access to a parcel or parcels of three acres or more, shall meet the construction requirements of Chapter 25, Article III of the City of Portland Code of Ordinances. In the IR-1 zone, such easement or right-of-way shall conform to the requirements contained within the City of Portland Technical Manual. In the IR-2 zone, such easement or right-of-way shall be a minimum of 32 feet wide. Such easement or right-of-way shall be sufficient to permit municipal service delivery. 7.6.7 Additions to and/or relocations of designated historic structures Additions to and/or relocations of designated historic structures or structures determined by the Historic Preservation Board to be eligible for such determination shall not be required to meet minimum building height, or minimum building length standards. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-27 Page 177 WASHINGTON AVE ATLANTIC ST ANDERSON ST Portland, ME ST LAWRENCE ST ST FOX ST Height Map CUMBERLAND AVE HANNAFORD PLZ BAYSIDE TER WATERVILLE ST Max. Height (ft) E OXFORD ST MONUMENT CONGRESS ST KELLOGG ST BAXTER BLVD FRANKLIN ST 45 ft KENNEDY PARK PREBLE ST EXT SHERIDAN ST 55 ft MAYO ST SMITH ST 65 ft 85 ft AY BOYD ST MOUNTFOR W T ST 1 05 ft 1 25 ft MARGINAL Thompson's Point ST See B-6 Building Height 1 80 ft FOREST AVE 250 ft SOMERSET Overlay & Building 325 ft NEWBURY ST LANCASTER ST Envelopes Map CHESTNUT HANCOCK ST Maximum Street Wall Height(ft) KENNEBEC ST THAMES ST PROPOSED FEDERAL ST E 50’ max. street wall height with 15’ stepback INDIA OXFORD ST HAMPSHIRE ST ST 100’ offset 90’ max. street wall height with 15’ stepback CEDAR ST 100’ offset ST MYRTLE ST 50’ max. street wall height with 30’ stepback PEARL ST EASTERN PROM TRAIL 90’ max. street wall height with 30’ stepback ELM ST 100’ offset FRANKLIN ST PREBLE ST OCEAN GATEWAY PIER ALDER ST Multiple stepbacks cumulatively reaching at HANOVER ST THAMES ST least the minimum noted above (15 and 30 ft.) BRATTLE ST W are acceptable. 100’ offset CUMBERLAND AVE FORE ST PARRIS ST NEWBURY ST No new construction of any building shall be PORTLAND ST MIDDLE ST less than 35 ft. in height within 50 ft. of any FEDERAL ST MARKET street frontage. See Land Use Code for TEMPLE ST FOREST AVE MAINE STATE PIER EXCHANGE ST exceptions. MECHANIC ST SILVER ST BROWN ST ST Boundary offsets are from street centerline MAINE WHARF PARK AVE CASCO ST unless otherwise noted. 100’ offset CUSTOM HOUSE WHARF STATE ST 100’ offset No rooftop structure located between the ST projections of the centerlines of Emery St. and GRANT PORTLAND PIER Fletcher St., as described above. shall exceed a CONGRESS ST SPRING ST 100’ offset UNION ST height of 62 ft as measured from average grade WHARF ST OAK ST CENTER ST of the building at its foundation. SHERMAN ST LONG WHARF MELLEN ST COMMERCIAL ST 100’ offset FREE ST 50’ offset from WIDGERY'S WHARF CUMBERLAND AVE parcel line HIGH ST CHANDLER'S WHARF FINAL DRAFT FOR 45’ within 40’ of ROW PLANNING BOARD REVIEW UNION WHARF 100’ offset ST EMERY ST PLEASANT PORTLAND FISH PIER PINE ST35’ within 65’ TS LAEN TS PARK ST CARLETON ST BRACKETT of ROW STATE ST DANFORTH ST YORK ST Commercial/Danforth DANFORTH ST ST WINTER ST WRIGHT'S WHARF WEST ST HOBSON'S WHARF 45’ within 30’ GRAY ST of ROW W COMMERCIAL ST Page 178 Portland, ME STST LAWRENCELAWRENCE STST B-6 Building Height KELLOGGKELLOGG STST WATERVILLE ST Overlay & Building SHERIDANSHERIDAN STST Envelopes Map ADAMS ST 35 ft max MUNJOY SOUTH MUNJOY SOUTH 45 ft max JOHNJOHN POORPOOR XINGXING 45 ft max with 55 ft extentions EASTERNEASTERN STRANDSTRAND WAYWAY 45 ft max with 65 ft extentions MOUNTFORTMOUNTFORT STST Building Break Line Monfort Street Extension FOREFORE STST View corridor Freedom Way EASTERNEASTERN PROMPROM TRAILTRAIL THAMESTHAMES STST View protection splays HANCOCK ST FINAL DRAFT FOR PLANNING BOARD REVIEW THAMESTHAMES STST OCEAN GATEWAY PIER Page 179 OVERLAY ZONES 8 OVERLAY ZONES of the underlying zoning, as they may be amended from time to time, continue to apply, except as expressly 8.1 COASTAL FLOOD RESILIENCE OVERLAY superseded by this Section. Where conflicts exist ZONE (CFROZ) between this Section and the remainder of this Code, 8.1.1 Purpose the more restrictive provision shall govern. The purpose of the Coastal Flood Resilience Overlay Zone (CFROZ) is to protect persons and structures 8.1.4 Use classifications from the adverse effects of sea level rise and storm A. For the purposes of this Section, uses in the surge associated with climate change by: CFROZ shall be classified as follows: A. Advancing adaptation strategies for long-term 1. Critical uses. Critical uses generally include resilience. residential, governmental, educational, B. Complementing public realm resilience medical, emergency, and related high-risk measures by guiding development on private uses. property. 2. Non-critical uses. Non-critical uses C. Mitigating flood risks in a way that is specific to generally include retail, restaurant, Portland’s unique hydrological conditions and commercial, and related medium-risk uses. affected uses, particularly in areas that are not 3. Exempt uses. Exempt uses generally currently recognized as flood zones but are include low risk and low occupancy uses vulnerable to future sea level rise. such as parking, construction yards, and D. Providing a balanced framework in which flood storage. protection requirements are proportional to B. Table 8-A shall determine whether a use is the vulnerability and risks of various classified as critical, non-critical, or exempt. For occupancies. uses not listed in Table 8-A, the Building Authority or the Planning Authority shall 8.1.2 Applicability determine the classification based upon the The provisions of the CFROZ shall apply to property most nearly comparable land use. Water- or proposed projects wholly or partially within the dependent uses shall be considered exempt. boundaries of the Coastal Flood Resilience Overlay C. All accessory uses shall be considered non- Zone as depicted on the City of Portland Zoning critical, with the following exceptions: Map. However, property or proposed projects 1. Accessory dwelling units. within the CFROZ boundary that are also located 2. Child care centers and small child care wholly or partially within special flood hazard areas facilities greater than 1,000 square feet in with a BFE of 13 feet or higher as defined in Article floor area. 12 shall be exempt from the provisions of the 3. Clinics greater than 1,000 square feet in CFROZ. floor area. 8.1.3 Relationship to underlying zoning The CFROZ constitutes an overlay zone. The provisions FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-1 Page 180 OVERLAY ZONES TABLE 8-A: CLASSIFICATION OF USES AS CRITICAL, NON-CRITICAL, OR EXEMPT Critical Non-Critical Exempt Single-family dwellings ⏺ Two-family dwellings ⏺ Three-family dwellings ⏺ Four-family dwellings ⏺ Townhouse dwellings ⏺ Multi-family dwellings ⏺ Residential Live/work dwellings ⏺ Group homes ⏺ Lodging houses ⏺ Child care centers + small child care facilities ⏺ Clinics ⏺ Cultural facilities ⏺ Elementary, middle, and secondary schools ⏺ Emergency shelters ⏺ Governmental uses ⏺ Hospitals ⏺ Places of assembly ⏺ Post-secondary schools ⏺ Residential care facilities (small) ⏺ Institutional Residential care facilities (large) ⏺ Adult business establishments ⏺ Animal-related services ⏺ Auto, boat, and related dealerships ⏺ Auto service stations ⏺ Bars ⏺ Bed and breakfasts ⏺ Exhibition, meeting, and convention halls ⏺ Funeral homes ⏺ General offices ⏺ General services ⏺ Greenhouse/Nursery, retail ⏺ Hostels ⏺ Hotels ⏺ Marijuana retail store ⏺ Commercial Market garden ⏺ 8-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 181 OVERLAY ZONES TABLE 8-A: CLASSIFICATION OF USES AS CRITICAL, NON-CRITICAL, OR EXEMPT Critical Non-Critical Exempt Neighborhood nonresidential reuse ⏺ Office park ⏺ Recreation and amusement centers ⏺ Registered marijuana dispensary ⏺ Restaurants ⏺ Retail ⏺ Small-scale marijuana caregiver ⏺ Specialty food service ⏺ Theaters and performance halls ⏺ Commercial Veterinary services ⏺ Communication studios ⏺ Construction & engineering services ⏺ Dairies ⏺ Fish waste processing ⏺ Food & seafood processing, packing, and distribution ⏺ High-impact industrial uses ⏺ Impound lots ⏺ Intermodal transportation facilities ⏺ Laboratory and research facilities ⏺ Low-impact industrial ⏺ Lumber yards ⏺ Marijuana cultivation facility (<2,000 SF plant canopy) ⏺ Marijuana cultivation facility (2,000-7,000 SF plant canopy) ⏺ Marijuana cultivation facility (>7,000 SF plant canopy) ⏺ Marijuana manufacturing facilities ⏺ Marijuana testing facilities ⏺ Printing and publishing ⏺ Recycling facilities ⏺ Self-storage ⏺ Solid waste disposal facilities ⏺ Studios for artists and craftspeople ⏺ Telecommunication towers (ground-mounted) ⏺ Industrial Warehousing and distribution ⏺ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-3 Page 182 OVERLAY ZONES TABLE 8-A: CLASSIFICATION OF USES AS CRITICAL, NON-CRITICAL, OR EXEMPT Critical Non-Critical Exempt Agriculture ⏺ Boathouses and storehouses for fishing equipment ⏺ Campgrounds ⏺ Cemeteries ⏺ Marinas and yacht clubs ⏺ Marine uses ⏺ Off-street parking ⏺ Parks and open spaces ⏺ Social service centers ⏺ Solar energy system (minor) ⏺ Solar energy system (major) ⏺ Utility substations ⏺ Wharves, piers, docks, and landing ramps ⏺ Wind energy system (minor) ⏺ Other Wind energy system (major) ⏺ 8.1.5 Projects subject to the standards of the require compliance with the CFROZ standards. CFROZ C. Structures within the CFROZ that are 50,000 A. Any development located within the square feet or greater in gross floor area and established boundary of the CFROZ, and which undergoing substantial improvement are meets the thresholds listed below, shall be required to meet the CFROZ standards when subject to the standards of the CFROZ. they contain a critical use or uses. For the 1. All new construction containing a critical purposes of this subsection, substantial use or uses. improvement shall be as defined in Article 12. 2. New construction of greater than 1,000 square feet containing non-critical uses 8.1.6 Use and dimensional requirements only. A. Sea level rise design flood elevation (SLR- 3. Any addition of greater than 1,000 square DFE). The required SLR-DFE shall be feet containing critical or non-critical uses. determined by use classification. For mixed-use B. Where a change of use occurs within the developments that contain uses in different CFROZ, all portions of a building containing a classifications sharing a ground floor, each use critical use and the critical systems supporting shall be addressed independently. such use shall meet the CFROZ standards. Changes of use to non-critical uses shall not 8-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 183 OVERLAY ZONES FIGURE 8-A: CFROZ USE CLASSIFICATIONS AND DESIGN FLOOD ELEVATION 1. Critical uses. The SLR-DFE for all critical SLR-BFE. In a proposed project containing uses (SLR-DFE-C), including the critical non-critical uses, the following building and systems serving such uses, shall be a site elements are permitted to be located minimum of one foot above SLR-BFE, as below SLR-DFE: defined in Article 3. In a proposed project a. Lobbies, entries, egress stairs, and containing critical uses, the following elements required for vertical building and site elements are permitted to circulation from the SLR-DFE to grade, be located below the SLR-DFE: such as elevators, ramps, and stairs. a. Lobbies, entries, egress stairs, and b. Parking. elements required for vertical c. Storage. circulation from the SLR-DFE to grade, d. Flood protection equipment. such as elevators, ramps, and stairs. 3. Exempt uses. Exempt uses shall not be b. Parking. subject to dimensional requirements with c. Storage. respect to SLR-BFE. d. Flood protection equipment. B. Building height. Within the CFROZ, if a 2. Non-critical uses. The SLR-DFE for non- proposed project contains principal critical or critical uses (SLR-DFE-NC), including the non-critical uses on the ground floor, height critical systems serving those uses, shall be shall be measured from the SLR-DFE or from no lower than two feet below SLR-BFE, as average grade, whichever is higher. defined in Article 3. The minimum C. Exemptions for required ramping and stairs. elevation of the underside of the beams Ramping and stairs necessary to meet any supporting the second floor in a multi- required SLR-DFE may be included within the story building, or the roof in a one-story calculation of area required to meet building, shall be no less than 13 feet above landscaped open space ratio requirements, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-5 Page 184 OVERLAY ZONES and shall not be included within the calculation Standards of lot coverage. Ramping and stairs necessary Notwithstanding any other section of this Land Use to meet any required SLR-DFE may be located Code, development in the Fort Sumner Park Height in any required front yard, interior or corner Overlay shall be subject to the following additional side yard, or rear yard, and in cases where provisions: build-to requirements apply, shall be A. The top of structures, including rooftop considered to meet the build-to percentage. appurtenances, within the overlay shall not D. Hazardous materials. Any hazardous materials exceed the baseline vertical height of the apex shall be fully contained and elevated a minimum point (160.27’ City of Portland Datum (Mean of two feet above SLR-DFE. Tide)). For each 25’ radially away from the apex point, the vertical height permitted in the 8.2 FORT SUMNER PARK HEIGHT OVERLAY overlay is reduced by 1 foot. (See Figure 8-B.) Purpose B. The minimum building setback from the park The purpose of the Fort Sumner Park Height property shall be 15 feet. Overlay is to protect the public interest by limiting the impact of development on the quintessential Review process views of natural resources and the changing Any project within the Fort Sumner Park Overlay Portland skyline from Fort Sumner Park. shall go before the Parks Commission for a Applicability recommendation to the Planning Board regarding A key apex point is established in Fort Sumner Park potential impacts on Fort Sumner Park. at 43° 40’ 2.3359” N. 70° 15’ 4.3687” W . The Fort Sumner Park Height Overlay includes all land within 8.3 INSTITUTIONAL OVERLAY (IOZ) 200 feet to the west of this key apex point as 8.3.1 Purpose indicated on the City of Portland Zoning Map. The Institutional Overlay Zone (IOZ) provides a regulatory tool available to the city’s major medical FIGURE 8-B: FORT SUMNER PARK OVERLAY PERMISSIBLE HEIGHT 8-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 185 OVERLAY ZONES and higher education campuses where an Institutional Overlay Zones. Use of an Institutional alternative regulatory structure is needed to Overlay Zone is encouraged for these institutions, facilitate a consistent, predictable, and clear growth particularly where proposed future development management process. The purposes of the may be inconsistent with current base zoning. Institutional Overlay Zone are to: A. Acknowledge that the city’s major academic 8.3.3 Establishment and medical institutions play a prominent role A. Application for an Institutional Overlay Zone. in the health and well-being of the local and Where an eligible institution seeks designation as regional community, and to sustain that role, an IOZ, they shall submit a zone change these institutions need flexibility to change and application consisting of two components: grow. 1. An Institutional Development Plan (IDP) in B. Encourage proactive planning for institutional accordance with Subsection 8.3.4. change and growth which identifies and 2. A regulatory framework in accordance addresses likely long-term institutional needs with Subsection 8.3.5. If adopted, this and cumulative impacts while leveraging framework shall serve as the text and map potential benefits at the neighborhood, city, amendment to the City’s Land Use Code and regional level. and zoning map. C. Ensure that institutional change and growth B. Required public involvement. At least two both complements and, as appropriate, neighborhood meetings shall be required to integrates adjacent or surrounding establish designation as an IOZ. The first shall neighborhoods through carefully planned be held prior to the formal submission of a transitions. zone change application, and the second shall D. Support the formation and continuation of be held during the City’s review. Meetings shall mutually beneficial public-private cooperation. identify the concerns, if any, of affected E. Support an ongoing public engagement residents and property owners, and should process that benefits both the institutions and solicit feedback to inform the Institutional nearby neighborhoods. Development Plan (IDP) and regulatory F. Reflect Comprehensive Plan and other policy framework proposed. Meetings shall be held in objectives. a convenient location proximate to the G. Provide a regulatory tool for Portland’s major institution. The applicant shall provide written institutions that includes the flexibility required notification to property owners of record to balance the particular needs of institutions within 500 feet of the proposed IOZ boundary with the needs of the surrounding at least ten days prior to the meeting dates, and neighborhood and wider community. shall maintain written records of the meetings. C. Required scoping meeting. The eligible 8.3.2 Location and applicability institution shall meet with the Planning The city’s major medical and higher education Authority after the first required neighborhood institutions are eligible to apply for designation as meeting and prior to submission of the zone FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-7 Page 186 OVERLAY ZONES change application to confirm the focus of the the operations within the IOZ, in which case it Institutional Development Plan (IDP) and shall be addressed by the IDP and require an regulatory framework, including associated amendment to the IDP as applicable. study areas that may be outside of the proposed IOZ boundary. The IDP and 8.3.4 Institutional Development Plan (IDP) regulatory framework will vary in detail and A. Purpose. Any use conducted by an eligible focus depending on the eligible institution and institution and any construction by an eligible its context. The content requirements in institution in an Institutional Overlay Zone shall Subsections 8.3.4 and 8.3.5 and the recorded be consistent with an Institutional comments from neighborhood meeting(s) shall Development Plan (IDP) approved by the provide direction for the content of the IDP. Planning Board in accordance with this section. The Planning Authority or Planning Board may The purpose of the IDP is to establish baseline require additional information or modify data about institutional land uses, facilities, and content requirements as is relevant to the services, and to measure, analyze, and address eligible institution. the anticipated or potential impacts of planned D. Reviewing authority. The Planning Board shall institutional growth and change. The IDP shall review the zone change application, including serve as a background document that supports the IDP and regulatory framework. At least one the proposed regulatory framework and public workshop and a public hearing before informs subsequent site plan review(s). the Planning Board are required. Upon B. Planning horizon. An IDP shall provide the recommendation of the Planning Board, the City and abutting neighborhoods with a clear City Council shall review and consider adoption outline of the anticipated or potential growth of the Institutional Overlay Zone and the and change of the eligible institution for the accompanying regulatory framework as an short- to medium-term (e.g. 1-5 and 5-10 years amendment to the City’s Code of Ordinances. respectively), as well as a conceptual growth E. Future institutional development. All new plan for the long-term (e.g. 10 years or more). development shall be compliant with the However, the specific planning horizons for established IOZ and accompanying regulatory each institution will be determined as part of framework. It shall also be consistent with the the IDP approval process. IDP, consistent with the Comprehensive Plan, C. Content. The IDP submission shall address the and shall meet applicable site plan standards, following elements unless specifically modified unless such standards are superseded by the by the Planning Authority or Planning Board, regulatory framework. Any development with the scope and level of detail to be clarified proposed by an eligible institution outside the at the required scoping meeting: established IOZ boundary shall be reviewed 1. Context information, including: under the standards of the applicable zone , a. The institution’s adopted mission, unless such development is proposed in a vision, or purpose statement. residential zone and is functionally related to b. A summary of relevant baseline data 8-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 187 OVERLAY ZONES on the institution, including: institution, including demand, i. A neighborhood context plan. utilization and any capacity issues. ii. An inventory of current programs iv. Relevant municipal plans, and services. projects, and studies that may iii. A current census of the number influence the IDP study area and of people using the institution opportunities for integrating (e.g., employees, enrollment, institutional growth. patients), with an indication of d. A summary of public involvement in maximums and minimums over the development of the IDP, including time. major areas of public concern. iv. An inventory and/or plan of all 2. Assessment of future institutional growth existing property holdings within and change, including: the main campus and within the a. A description of institutional needs City of Portland, including an and areas of future institutional indication of functional land use growth and change, with: links between off-campus i. A projected census of users (e.g., properties and the main campus enrollment /employment/patient/ (e.g. remote parking). visitor figures and anticipated v. An inventory and/or plan of variations over time). existing facilities, including data ii. Institutional objectives for on use, floor area, and any property both within and outside existing functional connections the IOZ boundary (e.g. acquisition between facilities. and/or disposition), including an c. A summary of the baseline indication of any functional land characteristics of the existing campus use connection for sites outside and context of the institution, based the IOZ boundary to the main on identified study areas, including: campus. i. A summary of existing resources, iii. A development plan addressing such as historic, open space, and anticipated or potential natural resources. institutional needs and physical ii. A summary of the existing improvements, including the transportation system, including proposed boundary of the IOZ vehicular, pedestrian, transit, and any phasing of the bicycle, and parking supply, development. demand, and utilization. b. Analysis and associated plans that iii. A summary of existing public address the following elements in infrastructure supporting the terms of anticipated growth or potential impacts within the identified FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-9 Page 188 OVERLAY ZONES study area, and support the natural resources and open development parameters as set out in spaces. the regulatory framework, including: b) An analysis of projected i. Transportation and access, with: energy consumption, a) An analysis of the projected hazardous materials changes in parking demand, generation, noise supply, and impacts to the generation, and similar off-street and on-street issues as relevant. parking capacity, including c) An environmental plan, an explanation of the representing the synthesis proposed parking plan. of the analysis and including b) An analysis of the projected a proposed program or set changes in vehicular, of guidelines for future pedestrian, transit, and preservation, enhancement, bicycle access routes and conservation, and/or facilities, their capacity, and mitigation. safety. iii. Infrastructure, with: c) A transportation, access, a) An analysis of projected and circulation plan, public utility demand and representing the synthesis the capacity of associated of the analysis, and infrastructure. including a program of b) An analysis of projected potential improvements or public safety needs and set of guidelines to address projected impacts to the access deficiencies to and capacity of these services. within the IOZ. The plan c) An infrastructure plan, should outline proposed representing the synthesis mechanisms and potential of the analysis and including strategies to meet a proposed program or set transportation objectives, of guidelines to support including transportation sustainable growth. demand management, iv. Design, with: phasing, and when a Traffic a) An analysis of projected Movement Permit (TMP) impacts to neighboring may be required. properties and public ii. Environment, with: spaces, including potential a) An analysis of potential shadow, wind, and lighting cumulative impacts on impacts, impacts of height 8-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 189 OVERLAY ZONES and massing, and impacts to solving around community historic resources. concerns, fosters b) An analysis of transition transparency, and identifies areas between the mechanisms for institution and adjoining neighborhood feedback and neighborhoods, including institutional accountability. identification of key b) A property management character defining framework that identifies components of the the institution’s process for surrounding context. handling operational c) An analysis of existing property issues with Crime Prevention Through neighbors. Environmental Design c) Strategies for assuring issues and identification of communication pertaining how these principles would to property acquisition and be addressed as part of the disposition in surrounding proposed campus neighborhoods. development. d) A set of construction d) A conceptual built management principles to environment/public realm apply to all institutional plan, representing the construction, that synthesis of the analysis and represent best practice, aim including a set of guidelines to minimize short- and for urban design, landscape, long-term construction open space, and impacts on surrounding streetscape treatments, residents and businesses, with particular attention to and ensure a clear the treatment of edges communication strategy is (both within and abutting in place in advance of the IOZ boundary) to construction. achieve compatible D. Standards of review. The IDP shall: transitions. 1. Address all content requirements, unless v. Neighborhood engagement, with: explicitly modified by the Planning a) A plan for ongoing Authority or Planning Board. community engagement 2. Reflect the issues/topics identified in the that represents best required public process. practices, promotes 3. Demonstrate consistency with the City’s collaborative problem Comprehensive Plan and the purpose of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-11 Page 190 OVERLAY ZONES this ordinance. historic districts, or historic landscapes, 4. Demonstrate how the property ownership, the IDP shall be generally compatible with proposed growth, and requested the major character-defining elements of regulatory framework relate to the the landmark or portion of the district in institution’s mission. the immediate vicinity. 5. Demonstrate that traffic and parking 13. Incorporate strategies to support clear impacts have been anticipated and that the communication and ongoing public proposed parking provision is justified as engagement between institutions and based on an assessment of options for nearby neighbors. reducing traffic and parking demands. E. Approval. Upon finding that an eligible 6. Outline an approach to open space, institution’s IDP meets the standards of review, natural, and historic resources that the Planning Board shall approve, approve with supports preservation and enhancement. conditions, or deny an IDP. 7. Demonstrate that potential cumulative F. Monitoring. The IDP shall establish a schedule environmental impacts have been for reporting on IDP implementation at regular anticipated and can be minimized or intervals of not more than ten years from the satisfactorily mitigated. date of approval of the initial or amended IDP, 8. Demonstrate that utility impacts have been and identify thresholds for IDP amendments. anticipated and can be minimized or G. Amendments. An approved IDP shall guide satisfactorily mitigated. campus development unless and until 9. Reflect a comprehensive design approach amended. If at any time the eligible institutions that ensures appropriate transitions with request minor amendments to an approved the existing or future scale and character IDP, the Planning Authority may approve such of the neighboring urban fabric. minor amendments, provided that they do not 10. Promote compatibility with existing or constitute a substantial alteration of the IDP future uses in adjacent neighborhoods, and do not affect any condition or requirement maintain housing, and support local of the Planning Board. The applicant shall apply amenities. with a written statement of the proposed 11. Anticipate future off-site improvements amendment and proposed amended IDP to the that would support the integration of the Planning Authority, whose decision as to institution into the community and city- whether the amendment is minor shall be final. wide infrastructure. Major amendments shall be reviewed by the 12. Conform with the standards of Article 16 Planning Board. When the IDP is amended, the for designated landmarks or for properties baseline data in the IDP shall be updated as within designated historic districts or appropriate. designated historic landscapes, if applicable. When proposed adjacent to or 8.3.5 Regulatory framework within 100 feet of designated landmarks, A. Purpose. The regulatory framework translates 8-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 191 OVERLAY ZONES the IDP into a set of clear and specific zoning the zoning map, subject to other requirements for the IOZ that constitute the provisions of this ordinance (i.e. the map text and map amendments to the City’s Land amendment to the City’s zoning map). Use Code and zoning map. The zoning 2. Phasing and schedules. Requirements that requirements are anticipated to include relate to proposed phases; a chart showing parameters that guide the growth and change the schedule or thresholds for submitting of the institution as well as broad strategies to an amended IDP (or elements of an IDP, address potential impacts, with plans and such as a Transportation Demand details to be developed under site plan review. Management (TDM) Plan). B. Applicability. The regulatory framework shall 3. Uses. Clarification, as necessary, on apply only to properties that are within the IOZ permitted uses. boundary and to which the eligible institution 4. Dimensional requirements. Graphics, holds right, title, or interest. For these sketches, or standards, including details for properties, the Institutional Overlay Zone shall transition zones within the IOZ boundary. supersede the underlying zoning, and all new 5. Transportation. Elements such as institutional development shall be conducted in Transportation Demand Management Plan compliance with the regulatory framework and (TDM) trip reduction targets or contribution the approved Institutional Development Plan. to area-wide TDM measures; broad Properties located within the Institutional parameters for ensuring pedestrian, vehicular, Overlay Zone not subject to right, title, or bicycle and transit access and safety; parking interest of the eligible institution shall continue ratios and management strategies; thresholds to be governed by the regulations of the for access improvements. underlying zoning designation. 6. Environment. The approach to the C. Uses. Institutional uses, including hospitals and inclusion of open space and preservation higher education facilities, shall be permitted, of environmentally-sensitive areas. as shall uses that are functionally integrated 7. Mitigation measures. The broad approach with, ancillary to, and/or substantively related to to identified mitigation measures, which supporting the primary institutional use, would be addressed in greater detail in the consistent with the applicable approved IDP. site plan review process; thresholds for D. Content. The regulatory framework shall addressing deficiencies; goals for reflect the information and analysis of the IDP. preservation/protection. The content shall be tailored to address the 8. Design. Graphics and standards to clarify issues associated with the institution and its building placement and envelope (height neighborhoods. The regulatory framework and massing); guidelines for integration of should be succinct and use tables and graphics site features; required treatments for to address the following, if applicable: transition zones and treatment for all 1. Zoning boundary of the IOZ. The area to edges (both within and abutting the IOZ which the regulations apply, as shown on boundary); guidelines for establishing FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-13 Page 192 OVERLAY ZONES campus identity. IOZ boundary may be brought forth by the City 9. Neighborhood integration. Thresholds or eligible institution. Proposed amendments and strategies for neighborhood to the IOZ boundary or regulatory framework engagement; mitigation of impacts on shall be reviewed by the Planning Board and neighboring properties, including adopted by the City Council subject to the construction impacts; buffering provisions of this ordinance. requirements; objectives for pedestrian linkages and safety; other requirements 8.3.6 Maine Medical Center Institutional that address community concerns. Overlay Zone Regulatory Framework 10. Monitoring. A schedule for regular A. Applicability. All development proposed by monitoring reports on IDP implementation Maine Medical Center (MMC) within the in accordance with the IDP. boundary of the MMC Institutional Overlay E. Standards of review. The regulatory Zone (IOZ) shall be consistent with the framework shall: approved Institutional Development Plan (IDP), 1. Be consistent with the Comprehensive Plan consistent with the Comprehensive Plan, and and the Institutional Development Plan. meet applicable standards of the Land Use 2. Provide a clear zoning framework, using Code, unless such standards are superseded by graphics and tables as appropriate, to the following regulatory framework. This apply to future site plan reviews. regulatory framework shall govern future 3. Provide specific regulatory statements as development by MMC within the IOZ unless appropriate that respond to concerns amended by the Portland City Council upon raised during the required public formal application of MMC. The MMC involvement. Institutional Overlay Zone shall have the 4. Outline measurable goals and thresholds boundaries depicted in Figure 8-C, and shall for improvements or other actions include the properties listed in Table 8-B. identified in the IDP to be advanced in B. Updates and amendments. It is intended that subsequent site plan applications. the IDP will be updated on a regular basis to F. Approval/adoption. The Planning Board shall ensure that the data is current and that the review the proposed regulatory framework document remains accurate. Accordingly, against the standards of review and make a monitoring reports will be filed every three recommendation on the institution’s IOZ years and shall include a summary of progress designation and regulatory framework to the on IDP implementation and of acquisitions and City Council for adoption as part of this Land divestment since the date of IDP approval. At Use Code. the time of the submission of the monitoring G. Amendments. A regulatory framework and report, MMC shall identify any updates to the IOZ boundary as adopted by the City Council IDP which may result from updated master shall remain in force unless and until amended. planning, changes in baseline information, or Amendments to a regulatory framework and/or changes in the adjacent neighborhoods which 8-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 193 OVERLAY ZONES See Table 8-B Note: Refer to Table 8-C for a list of permitted uses. FIGURE 8-C: MMC IOZ BOUNDARY FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-15 Page 194 OVERLAY ZONES TABLE 8-B: LIST OF PROPERTIES INCLUDED IN THE MMC IOZ Map# Legal Description Address Acreage Ownership 1 64-A-2-8-9-11/74-A-7/75-A-6 222 St John St. 4.6516 Owned by others 2 68-D-1-3-13-14-16 180 St John St. 0.9494 Owned by others 3 65-G-1 950 Congress St. 0.4628 Owned by others 4 64-B-1 275 St John St. 0.4163 Owned by others 5 65-G-2 942 Congress St. 0.0659 Owned by others 6 65-G-3 940 Congress St. 0.0482 Owned by others 7 65-G-4 274 Valley St. 0.0667 Owned by others 8 65-G-5 268-270 Valley St. 0.0978 MMC 9 64-B-2 262-266 Valley St. 0.0895 MMC 10 65-H-1 932 Congress St. 0.1864 MMC 11 65-H-9 261 Valley St. 0.2185 MMC 12 65-H-2 930 Congress St. 0.1040 MMC 13 65-H-5 52 Gilman St. 0.2384 MMC 14 65-H-8 44 Gilman St. 0.1128 MMC 15 65-E-22 85 Gilman St. 0.0565 Owned by others 16 65-E-32 85 Gilman St. 0.0282 Owned by others 17 65-E-24 81 Gilman St. 0.1653 Owned by others 18 65-E-28 919 Congress St. 0.1059 Owned by others 19 65-E-29-30 909 Congress St. 0.3233 Owned by others 20 65-E-19 22 Forest St. 0.0826 Owned by others 21 65-E-21 18 Forest St. 0.0831 Owned by others 22 65-E-23 14 Forest St. 0.0826 Owned by others 23 65-E-25 12 Forest St. 0.0883 Owned by others 24 53-I-1-2-3-12 887 Congress St. 1.3400 MMC 25 53-X-1 Congress St. Pedestrian Walkway --- MMC 26 53-D-7/54-H-1/64-C-1 22 Bramhall St. 12.563 MMC 27 54-C-6 34 Ellsworth St. 0.1341 MMC 28 54-C-10 40 Ellsworth St. 0.1155 MMC 29 54-I-1 308 Brackett St. 2.5200 MMC 30 63-B-8 214 Vaughan St. 0.1983 MMC Properties owned by MMC are listed under MMC or MMC Realty Corp. MMC will not extend its functionally-related Bramhall campus hospital operations beyond the boundary of the IOZ within the City of Portland without further amendment to the IDP. This includes any expansion of functionally-related operations that displace residential uses outside of the IOZ boundary. A functional relationship is defined as uses or activities that are traditionally or customarily linked to the day-to-day operations of the MMC Bramhall Campus that would relocate a significant proportion of the total employee population or activities. 8-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 195 OVERLAY ZONES affect MMC, to allow the IDP to remain current. TABLE 8-C: PERMITTED USES Updates and minor amendments not described Healthcare facilities, including but not limited to the below shall be reviewed administratively by the following ancillary and/or supporting uses: Planning Authority. • Hospital 1. Minor amendments that impact phasing of • Medical Office/Clinic the long-term development blocks or • Laboratory Center / Services change the approach to parking, • Research and Development (R&D) Laboratory or transportation, neighborhood engagement Facility or design shall be reviewed by the Planning • Educational Facility / Conference Center Board for consistency with the objectives • Administrative / Business Office of the IDP. In addition to consistency with • Accessory Service or Trade Uses the objectives of the IDP, review of phasing • Guest House and development program amendments • Multi-family Housing for Healthcare Staff and shall focus on integration with the campus Students and impacts on transportation • Rehab / Skilled Nursing Facility orinfrastructure. This review may occur • Retail • Restaurant/Cafe simultaneously with the site plan review of • Employee Service Amenities an anticipated project. • Day Care Center 2. Major amendments shall be reviewed by • Fitness Center or Gymnasium the Planning Board and are required under • Parking Lot or Garage the following circumstances: • Bicycle Storage a. A change to the regulatory framework • Heliport is required. • Antenna Station b. The IDP is no longer representative of • Outdoor use areas, such as green areas, parks, the institutional mission or approach gardens, art installations, and other active and to community as a result of passive non-commercial recreation spaces redevelopment in the area or City upgrades to neighborhood planning 3. Annual monitoring reports will be (such as roadway changes, submitted for MMC's Transportation infrastructure upgrades, community Demand Management (TDM) Plan. TDM design, lighting). monitoring reports shall include a summary of progress towards targets c. Development proposed by MMC is inconsistent with the master facility established in the TDM Plan. plan, transportation plan intent, design C. Uses. In addition to the uses permitted in the plan intent, or environment and underlying zone, the uses in Table 8-C are infrastructure plan intent identified in permitted as a matter of right. In recognition the IDP. that MMC is part of a mixed-use area of the city, with important existing services and FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-17 Page 196 OVERLAY ZONES businesses that serve the local and wider review and approval by the Planning community, healthcare facility development Authority. Any update to such plan due to fronting onto Congress Street and St. John a change in name or logo shall not require Street shall activate the public realm, to the amendment to the IDP. extent able, with uses such as service and 2. Signs shall be designed in accordance with retail/restaurant, landscaping, active building the campus-wide signage plan. All signs entrances, pocket parks, etc., on the ground or shall be designed in proportion and other publicly accessible level, consistent with character with building facades and the design intent contained in the approved adjacent street typology. All signs shall be IDP. In areas identified in the IDP as “Priority coordinated with the building and zone for commercially oriented/retail uses,” landscaping design and be constructed of usable ground floor retail, restaurant, or appropriate permanent, high quality comparable community-oriented use that materials and finishes. provides services to local residents and G. Transportation employees both during the day and evening 1. Transportation Demand Management (TDM) hours is required. In areas labeled “Street a. At the time of the first site plan review activation through location of windows, following IDP approval, MMC shall entrances, etc.,” usable ground floor retail, submit a campus-wide TDM Plan restaurant, or community-oriented use is substantially in accordance with those encouraged to the extent practicable. Such TDM objectives and strategies uses, where constructed or facilitated as part of identified in the approved Institutional a healthcare related development, are expressly Development Plan. The TDM Plan may permitted whether ancillary or supporting the be phased into short-, mid-, and long- healthcare facility or not, and shall be open and term actions to allow for progressive welcoming to the general public in addition to implementation over time. employees or visitors of MMC. b. The TDM Plan shall be designed to D. Dimensional requirements. The MMC provide transportation choice with Institutional Overlay Zone shall have the the goal of reducing parking demand dimensional requirements listed in Table 8-D and single-occupancy vehicle trips to and depicted in Figures 8-C and 8-D. and from MMC by employees and E. Design. New buildings within the IOZ shall visitors. adhere to the design guidelines set forth in c. The TDM Plan shall establish parking Chapter 5: Design of the IDP and the site plan and trip reduction targets associated standards of Article 13. with the short-term (0-2 years), mid- F. Signs term (2-5 years), and the long-term 1. At the time of first site plan review (5+ years), as well as a data collection following IDP approval, a unified campus- plan. wide signage plan shall be submitted for 8-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 197 OVERLAY ZONES TABLE 8-D: MMC IOZ DIMENSIONAL REQUIREMENTS Max. building heights for new buildings within the IOZ shall be governed by the Maximum Building Heights Map in Figure 8-D, or by the transition zones clause Building heights (max.) of this table for those buildings located in transition zones. Refer to IDP “Chapter 5. Design” for methodology on determining heights. Three stories, except in transition zones, where the minimum building height Building heights (min.) shall be two stories. Minimum building heights shall not apply to building awnings, associated kiosks, pavilions or similar building components. Length of proposed parking garage at 222 St John St shall not exceed 500 feet as Building length (max.) measured roughly parallel to St John St. Minimum building setbacks shall be governed by the Minimum Setbacks Map in Figure Building setbacks (min.) 8-E. Additional requirements are listed in the transition zones and Congress Street build-to zone sections of this table. A build-to zone is identified for some properties that abut Congress Street. See Minimum Setbacks Map in Figure 8-E for the location of build-to zone. i. The Congress Street build-to zone extends between 0 to 40 feet from the right-of- Congress Street build-to zone1 way boundary. ii. Buildings located in these parcels must have a minimum of 70% of the façade facing Congress Street located within the build-to zone. Transition zones are identified inside the IOZ boundary in areas where the IOZ abuts or is located across a public right-of-way from a residential zone or a historic-designated district. See Maximum Building Heights Map in Figure 8-D for location of transition zones. i. Transition zones shall extend 50 feet into the parcel from the parcel boundary. ii. Transition zones that abut a Residential zone with or without an intervening Transition zones public right-of-way shall have a maximum height limit that matches the maximum height permitted within that Residential zone. iii. In areas where the IOZ abuts a residential zone without an intervening public right-of-way, minimum side and rear yard requirements of the abutting residential zone apply within the IOZ boundary, unless noted otherwise in Minimum Setbacks Map in Figure 8-E. 1A "build-to zone" is the area on the lot where all or a portion of the street-facing building facade must be located, measured as a minimum and max. yard (setback) range from the public right-of-way boundary. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-19 Page 198 OVERLAY ZONES Notes: 1. Minimum building heights also apply. Refer to Table 8-D. 2. For buildings with residential use above the ground floor, the following height maximums apply: 70 ft. maximum height = 7 stories, and 85 ft. maximum height = 8 stories. FIGURE 8-D: MAXIMUM BUILDING HEIGHTS 8-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 199 OVERLAY ZONES * Refer to Table 8-D Dimensional Requirements FIGURE 8-E: MINIMUM SETBACKS FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-21 Page 200 OVERLAY ZONES 2. Parking. Parking requirements in the IOZ Neighborhood Advisory Committee shall be established at the time of site plan comprised of representatives of MMC, the review based on a parking study that Parkside neighborhood, the West End includes a campus-wide analysis of demand neighborhood, the Western Promenade and supply. The parking demand study Neighborhood Association, the St. John shall determine parking requirements and Valley neighborhood, the Libbytown shall be sufficient to alleviate parking neighborhood, and the City. pressure on surrounding neighborhoods. K. Construction management Parking studies developed by MMC shall 1. At the time of site plan review, MMC shall integrate parking and trip reduction submit a construction management plan achievements and data contained in the substantially in accordance with those TDM Plan. construction management principles H. Environment. Development proposed by MMC identified in the approved Institutional shall be designed to integrate with the Development Plan for review and approval surrounding context, including open space and by the Planning Authority. pedestrian networks and infrastructure. 2. The construction management plan shall I. Mitigation measures. MMC shall mitigate site include a construction schedule, as well as plan impacts to off-premise infrastructure in a strategies for managing neighborhood manner proportionate to those impacts. communication and noise, air quality, Mitigation may include financial or in-kind traffic, and parking impacts associated with contributions to existing or planned City the construction as set forth on the projects focused on mitigating the impacts of construction management template MMC development. Mitigation contribution developed by the City and attached and shall be determined based on the City’s incorporated to the IDP as Appendix A. standard procedure in effect at the time of site L. Other requirements plan review. 1. Helipad. Proposed changes to MMC's J. Neighborhood integration and engagement helipads, including changes to preferred 1. For the purpose of keeping surrounding flight routes, shall be reviewed and residential areas appraised of its future approved by the Planning Authority in development plans, and to address any accordance with the approved Institutional neighborhood issues related to the Development Plan. operations of the MMC Bramhall campus, 2. Snow ban parking. When the City of MMC shall adhere to the ongoing Portland declares a snow parking ban, community engagement principles MMC shall make parking available to identified in the approved Institutional neighbors in a designated parking area on Development Plan. or near its campus upon the following 2. MMC shall conduct ongoing community condition: Due to the patterns of patient engagement, including the formation of a flow in the hospital, the hours of snow ban 8-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 201 OVERLAY ZONES parking for registered vehicles during an ii. Quality of life: Focused on announced City of Portland snow parking improving access to recreation, bans are 6:00 p.m. until 6:00 a.m. Vehicles arts or cultural experiences in the that are not moved out of these parking neighborhoods. areas by the applicable time each morning iii. Diversity and inclusion: Focused are subject to towing at the owner’s on fostering the building of expense. relationships and understanding 3. Healthy communities. Recognizing that a among diverse groups, including stable residential and commercial capacity building and outreach environment is key to the health of any activities. neighborhood, MMC commits to iv. Public Safety: Focused on supporting its existing and future supporting public safety neighbors in the St. John Valley, Parkside, programs through training West End, Western Prom, and Libbytown programs, equipment or other neighborhoods. Accordingly, MMC shall means in the neighborhoods. implement and participate in the healthy v. Environmental sustainability: communities programs as described Focused on preventing waste, below. increasing recycling or supporting a. Caring Community Grants. MMC shall other programs that work to develop an annual grant program with improve the environment. available funds of up to $30,000. b. Healthy Neighborhoods Program. Goals, priorities, eligibility MMC shall initiate and adopt a requirements, program guidelines, and memorandum of understanding allocation approach will be developed (MOU) by and between MMC, the City by the MMC Neighborhood Advisory of Portland, and other community Committee, as described in Chapter 6 partners establishing a Healthy of the IDP approved on September 26, Neighborhoods program. Such a 2017. Neighborhood associations or program shall be designed to fund and other entities located or operating in execute housing and community the St. John Valley, Parkside, West improvement and development End, Western Promenade, and programs in St. John Valley and the Libbytown neighborhoods may apply other neighborhoods surrounding for grant funding relating to the MMC’s Bramhall Campus. following initiatives: i. Neighborhood investment and Infrastructure: Focused on creating strong, safe, accessible and vibrant neighborhoods. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-23 Page 202 OVERLAY ZONES 8.3.7 The Roux Institute at Northeastern University Overlay Zone Regulatory Framework A. Applicability. All development proposed by the Roux Institute at Northeastern University (“Roux Institute”) within the boundary of the Roux Institutional Overlay Zone (IOZ) shall be consistent with the approved Institutional Development Plan (IDP), consistent with the Comprehensive Plan, and meet applicable standards of the Land Use Code, unless such standards are superseded by the following regulatory framework. This regulatory framework shall govern future development by the Roux Institute within the IOZ unless amended by the Portland City Council upon formal application of the Roux Institute. The FIGURE 8-F: ROUX INSTITUTIONAL OVERLAY ZONE Roux Institutional Overlay Zone shall have the BOUNDARY boundaries depicted below and shall include baseline information, or changes in the the approximately thirteen-acre property adjacent neighborhood which affect the located at 1 Bean Pot Circle and identified as campus, to allow the IDP to remain current. parcels 447-Aoo1 and A002 in the City’s Updates and minor amendments not assessing records. described below shall be reviewed B. Phasing and monitoring administratively by the Planning Authority. 1. The Roux Institute campus will be 2. At completion of each phase, the Roux developed in phases, as set forth in the IDP. Institute campus shall have the appearance The IDP will be updated on a regular basis of a complete and comprehensive design. to ensure that the data is current and that Permanent and meaningful public space the document remains accurate. shall be established in the first phase to Accordingly, monitoring reports will be filed ensure public benefit. Interim conditions every three years and shall include a shall be designed for a pleasant pedestrian summary of progress on IDP experience through planting, lighting, implementation and of acquisitions and wayfinding, graphics, artwork, or divestment since the date of IDP approval. ornamental fencing to provide screening, At the time of the submission of the buffers, and enhancement. Interim areas of monitoring report, any updates to the IDP the site which are not actively used for shall be identified which may result from parking or construction staging will be updated master planning, changes in appropriately landscaped or accommodate 8-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 203 OVERLAY ZONES gathering on lawns or other aesthetically entrepreneurial spaces, light hardened spaces. manufacturing, incubator space, research 3. Minor amendments that change the and design facilities, hotel, and office approach to parking, transportation, space. The mixture of uses is intended to neighborhood engagement or design shall support collaboration with private be reviewed by the Planning Board for industry, other institutions, and community consistency with the objectives of the IDP. organizations. A range of rental housing This review may occur simultaneously with options will provide on-site opportunities the site plan review of a proposed project. for students, faculty, staff, and their 4. Major amendments shall be reviewed by the families, easing some of the housing Planning Board and are required under the pressure and traffic that might otherwise following circumstances: result from new residents attracted to a. A change to the regulatory framework Portland by the institute. Housing units not is required. occupied by residents affiliated with the b. The IDP is no longer representative of Roux Institute may be made available to the institutional mission or approach the public to further assist in easing the to community as a result of housing pressure. redevelopment in the area or City 2. The Roux Institute campus will be designed upgrades to neighborhood planning to include uses that will welcome (such as roadway changes, neighbors to the campus, including infrastructure upgrades, community publicly available open space, waterfront design, lighting). access, recreational opportunities, c. A change in approach to parking, restaurant, dining, small neighborhood transportation, neighborhood grocery, and/or other limited retail options. engagement or design is inconsistent 3. In addition to the uses permitted in the with the objectives of the IDP, underlying zone, laboratory and research resulting in a modification to the facilities, low-impact industrial uses, and applicable objectives. high-tech manufacturing shall also be 5. Review of major amendments may occur permitted as a matter of right in all simultaneously with the site plan review of buildings that are located within the IOZ the proposed project. and on land owned or leased by the Roux C. Uses Institute. On the pier residential uses are 1. The Roux Institute campus will encompass explicitly prohibited and any allowed use a variety of uses to support the mission of on the pier must be a functionally water- the Institute. Campus uses will include dependent use. Ground floor retail, classrooms and laboratories, housing, restaurant, or comparable community- faculty offices, dining areas, convening oriented uses that provide services to local spaces, fitness centers, retail facilities, residents, students, faculty and staff shall FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-25 Page 204 OVERLAY ZONES be expressly permitted whether ancillary to principal entry to a building facing a or supporting the educational institution, street, public right-of-way, major and shall be open and welcoming to the pedestrian access routes, or open general public. spaces. Orientation of the principal 4. Within the boundary of the IOZ, hotels entry to a building shall be determined shall be limited as follows: by the applicant. a. No more than one hotel shall be 3. Maximum building heights. Maximum located in the IOZ. building heights for new principal buildings b. The hotel shall contain no more than in the IOZ shall be governed by the Roux 130 rooms. IOZ Height Map (Figure 8-G). c. The hotel shall be no more than eight 4. Minimum and maximum street wall stories in height, not including heights. New principal buildings in the IOZ structured parking. There shall be no shall rise to a minimum street wall height more than two levels of above grade of 45 feet and may rise to a maximum structured parking beneath the first street wall height of 105 feet. floor of the hotel. Nothing herein is 5. Stepback requirements. At a height not intended to preclude the co-location lower than the minimum street wall height of hotel use and structured parking on or higher than the maximum street wall one or more levels of the hotel. height, a stepback with a minimum depth D. Dimensional requirements of at least 10 feet shall be provided. 1. Applicability. All principal buildings and Required stepbacks shall only apply to a structures located within the IOZ and building’s street wall. located on land owned or leased by the 6. Building length requirements Roux Institute shall be subject to the a. For buildings with a length greater dimensional requirements of the than 250 feet, a continuous, publicly underlying zone, except where modified by accessible corridor that connects two the provisions of this section. streets, public rights-of-way, major 2. Rules of measurement pedestrian or bicycle access routes, or a. Publicly accessible corridor: A open spaces shall be provided, with corridor accessible to the general the precise location to be identified, public that is open to the sky or defined, and reviewed under site plan enclosed with a minimum width of 20 review. Building length shall be feet. Enclosed portions of publicly measured at grade in a straight line accessible corridors shall have a between the outer corners of the minimum height of 30 feet. designated street wall. b. Street wall: Within the Roux IOZ the b. Publicly accessible corridors need not term “street wall” shall mean a wall or be linear and may have necessary portion of a wall that includes the grade changes. 8-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 205 OVERLAY ZONES c. Any building wall situated along a will also be accomplished through publicly accessible corridor shall be thoughtful façade design at the designed to provide sufficient pedestrian level. Potential nuisance architectural and graphic amenities to features like dumpsters, air handlers, provide visual interest, transparency and parking will be appropriately between interior activities and screened. Buildings will avoid blank pedestrian activity, or active uses and walls to respect the adjacent relate the building, and its use to neighborhood and facilitate a sense of passersby. permeability and welcome. d. Publicly accessible corridors shall: c. The shoreline transition area between i. Include bicycle and pedestrian the buildings and the water will serve as amenities such as benches and meaningful public open space. Building other seating; facades facing the water will be ii. Be illuminated to levels that are considered public-facing, with views adequate but not excessive for designed for interest from the water the safety, comfort, and and Eastern Promenade Trail. conveniences of occupants and d. The transition area between the users of the site, and campus and I-295 contains a height iii. Provide access to the public limitation of 75 feet along the edge and during regular operating hours of between the highway and the B&M the institute. Cannery Building, preserving the e. The Roux Institute may close off public historic view of the building from the access to a publicly accessible corridor highway and easing the transition to during special events or when the greater allowable building heights in determined necessary by the institute the center of campus. for security or public safety purposes. e. The transition area along the edge of 7. Transitions and buffers the campus adjacent to the rail a. The campus is surrounded by existing corridor also contains a height buffers, with I-295 to the west, state- limitation of 75 feet along the edge of owned vacant parcels to the north, the the property closest to the residential rail corridor and marine business to the neighborhood, further easing the east, and Casco Bay to the south. In transition to the greater allowable addition to the existing buffers, development shall further ease the transition to and from the campus. b. Public open space will ease transition from the smaller scale of Sherwood Street. A transition onto the campus FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-27 Page 206 OVERLAY ZONES 1. *: Above height of 75 feet, no building floorplate shall exceed 35,000 square feet. 2. Above height of 50 feet, no two buildings shall be closer than 40 feet apart. 3. Building heights for buildings that span two or more height zones shall be measured by calculating the highest point (as defined in the Land Use Code) of that portion of the building within a particular height zone. If the roof is sloped, height is measured at the midpoint of that portion of the slope located within the particular height zone. 4. Functionally water-dependent structures on the pier are limited to 20 feet in height. Light poles on the pier are limited to 35 feet in height. On the pier height is measured from the top of the pier deck to the top of the roof of a functionally water-dependent structure or to the top of a light pole. FIGURE 8-G: HEIGHT OVERLAY MAP 8-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 207 OVERLAY ZONES building heights at the center of a. Any development that will generate campus, mitigating shadow impacts to over 100 passenger car equivalents adjacent properties. will trigger TMP review which will E. Transportation determine applicable mitigation for 1. Transportation demand management that development program. There are (TDM) contributions anticipated to area-wide a. At the time of the first site plan review elements to support trip reduction following IDP approval, the developer targets, such as contribution to the shall submit a campus-wide TDM Plan development of shared use path substantially in accordance with those infrastructure and support for TDM objectives and strategies additional transit service to the identified in the approved IDP. The campus. The TMP review may TDM Plan may be phased into short-, consider an individual site plan or may mid-, and long term actions to allow cover more than one site plan. Each of for progressive implementation over the TMP submissions and review will time. continue to contemplate capacity for b. The TDM Plan shall be designed to multimodal connections to continue provide transportation choice with to reduce automobile trips. the goal of reducing parking demand b. Mode shares and trip reduction and single-occupancy vehicle trips to targets have been identified in the IDP and from the Roux Institute campus and will be updated and modified with and from the Roux Institute campus each TMP submission as necessary. by students, faculty, staff, institutional 3. Bicycle and pedestrian access and safety partners, and visitors. a. A Transportation, Access, and c. The TDM Plan shall establish parking, Circulation Plan has been provided in mode share, and trip reduction targets the IDP. At the time of the first site associated with each phase of plan review, the developer shall development, as well as a data submit an updated Plan. Where collection plan. possible, the bicycle and pedestrian d. Annual monitoring reports will be access routes shall connect to submitted for the TDM Plan. TDM established bicycle and/or pedestrian monitoring reports shall include a facilities. The developer shall look to summary of progress towards targets establish new bicycle and pedestrian established in the TDM Plan. If bicycle and/or pedestrian facilities deficiencies are identified, they will be where feasible. resolved in accordance with the site b. The site and building design shall not plan approval. prohibit the enhancement of transit 2. Traffic movement permit (TMP) service to and from the site. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-29 Page 208 OVERLAY ZONES c. Bicycle, pedestrian, transit, and perimeter access path will be motorized vehicular facilities enhanced by wayfinding, lighting, proposed to and from the site shall landscaping, and safe crossings at provide sufficient capacity and allow vehicular intersections. Where for safe connections for modes of possible, building facades will respond transportation. to the perimeter access path for views d. Sherwood Street shall be improved to into the building and periodic accommodate bicycles and activation to building entrances. pedestrians within the existing right- c. Internal campus circulation pathways of-way. Separate sidewalks and bicycle will connect major open spaces, lanes shall be provided where feasible. buildings entrances, and outdoor 4. Parking. Parking requirements in the IOZ, plazas to create a network of multiple including but not limited to parking ratios, pathways including the perimeter shall be established at the time of site plan access path. Pathways will be located review for each phase of development along or oriented toward facades that based on a parking study that includes a have active programs, architectural campus-wide analysis of demand and articulation, appropriately scaled supply. Parking studies shall integrate entrances, and windows. Pathways will parking and trip reduction achievements avoid traveling along stretches of and data contained in the TDM Plan. undifferentiated or blank facades back Parking requirements shall be determined doors or service areas. Pathways will in accordance with the requirements in the be generally lower-velocity systems Land Use Code in effect at the time of site than the access loop. Where plan review. appropriate, the internal campus 5. Circulation circulation pathways will be enhanced a. The campus shall contain a bike and by wayfinding, lighting, landscaping, pedestrian circulation network which and safe crossings at vehicular includes a perimeter access loop, an intersections. internal system of pathways and a d. The campus promenade will serve as a major campus “promenade” which will major organizing feature connecting link campus developments, the upland, the upland and the water and and the waterfront. providing access to open spaces, b. The perimeter access path for bicycle allowing views of the principal campus and pedestrians will serve to connect of buildings, and connecting to the the campus to primary site entry internal campus circulation pathways points from the community and and perimeter access path. The provide a continuous recreational promenade will be enhanced by loop. Where appropriate, the lighting, wayfinding, landscape buffers, 8-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 209 OVERLAY ZONES and open spaces. Viewsheds and critical components of industry standard topography along the promenade will benchmarking systems such as LEED, emphasize the Roux Institute and SITES, WELL, ILFI, and Passive House. The Burnham & Morrill (B&M) Cannery charter will be submitted to the Planning Building, pier, and other principal Authority prior to submission of the first buildings and spaces. site plan application. Proposed site plans F. Environment shall be consistent with the goals outlined 1. The IOZ shall contain a minimum of three in the charter. acres of public open space designed to 3. Development shall utilize lighting designs enhance waterfront access and provide required for safety and comfort and that bicycle/pedestrian network connectivity. minimize impact to the night sky in This open space requirement shall be met accordance with light pollution reduction at the completion of construction of the standards in ANSI/ASHRAE/IESNA 90.1- first site plan approval and shall be 2007 or its most current edition. maintained at all phases of development. 4. Development shall be carried out in such a The three acres need not be contiguous way as to minimize the impacts of sea level and may be provided in new and/or rise, protecting infrastructure and site different locations following completion of features by designing to a minimum of 2- development phases. The public open feet above the Base Flood Elevation (BFE) space shall be meaningful space, as shown on the most current FEMA Flood functioning as recreation areas, social Insurance Rate Map. gathering spaces, or natural buffers 5. The shoreline edge and immediate consisting of a diverse mix of native woody adjacent upland shall be protected through and herbaceous vegetation, including a shoreline armoring and vegetation to well-distributed mix of trees. The method prevent erosion and enhance natural of assuring public access to the public resource protection. Vegetation shall open space shall be determined at site plan consist of a diverse mix of native woody review. and herbaceous vegetation. Work in 2. A Sustainability and Resilience Charter will coastal wetlands and significant wildlife be created by the Roux Institute for the habitats (as defined by the Maine campus. The charter shall contain Department of Environmental Protection) sustainability goals related to development will be minimized to the maximum extent categories such as energy, water, practicable and shall comply with all transportation, equity, and resilience and applicable local, state and federal may be revised over time in response to permitting requirements in effect at the evolving technology and industry time. standards. The charter will require all 6. Design of exterior building envelopes will development on the campus to utilize be in developed in compliance with the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-31 Page 210 OVERLAY ZONES bird-friendly building and design and maintenance of the Roux Institute requirements set forth in Article VII-A of campus website. Chapter 6 of the City of Portland Code of c. A Community Advisory Group shall be Ordinances, except that bird safe materials created for the purpose of sharing must be used for the entire façade of all information on project development, buildings regardless of building height. planning, and seeking input. To the G. Mitigation measures extent practicable, the group shall be 1. Site plan impacts to off-premise comprised of representatives of infrastructure shall be mitigated in a interested groups such as the East manner proportionate to those impacts. Deering Neighborhood, East Deering Mitigation may include financial or in-kind Neighborhood Association, East contributions to existing or planned City Deering Neighborhood for Responsible projects focused on mitigating the impacts Development, Front Street Area of the development. Mitigation Neighborhood, a tenant representative contribution shall be determined based on from Portland Housing Authority’s the City’s standard procedure in effect at Washington Gardens and Front Street the time of site plan review. developments, recreation, parks and 2. Impacts to natural resources shall be trails, including the Friends of Payson mitigated in accordance with local, state Park, from sustainability, rail, and federal permitting standards in effect bicycle/pedestrian, public transit, at the time. Portland Harbor, Portland Public H. Design Schools, including a Presumpscot 1. All buildings within the IOZ shall adhere to School parent, higher education, and the design guidelines set forth in the IDP. the business community. I. Neighborhood integration d. A designated community contact shall 1. Neighborhood engagement be engaged to be the point of contact a. For the purposes of keeping for providing information to the surrounding residential areas apprised neighborhood and receiving feedback. of its future development plans, and to 2. Construction management. At the time of address any neighborhood issues site plan review, Northeastern University related to the operations of the Roux shall submit a Construction Management Institute campus, the Roux Institute Plan substantially in accordance with the shall adhere to the ongoing construction management principles neighborhood engagement principles identified in the Institutional Development identified in the IDP. Plan for review and approval by the b. Ongoing community engagement shall Planning Authority. be conducted, including the J. Historic preservation continuation of neighborhood forums 1. Historic preservation review. The B&M 8-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 211 OVERLAY ZONES Cannery Building has been designated as a 8.4 ISLAND TRANSFER STATION OVERLAY local historic landmark. The area of 8.4.1 Purpose designation includes the B&M Cannery The purpose of the Island Transfer Station Overlay Building, as well as the area of the former Zone is to establish a location for a transfer station Codfish Building and pier. The Historic for municipal solid waste and municipal public Preservation Board’s review of activity works activities. This zone shall be established within the site of the former Codfish through a conditional rezoning process in order to Building and pier is limited to review of any ensure the imposition of appropriate conditions for activity that would require a Certificate of the protection of neighboring properties. Appropriateness that is proposed on a newly constructed pier. A Certificate of 8.4.2 Permitted uses Appropriateness will not be required for A. Municipal solid waste facilities, including the demolition of the Codfish Building or compactors and storage bins, provided that the construction of a new pier and related compactor shall be located within a fully infrastructure, including future alterations enclosed structure. to the pier structure. B. Recycling facilities, provided that all recycling 2. Required interpretive elements. areas shall be buffered and screened from Northeastern University shall include neighboring properties. interpretive element(s) on top of or within C. Municipal garages, material storage, and the surface of the new pier that convey the parking for vehicles. history and significance of the Codfish D. Maintenance of municipal vehicles and Building. Prior to construction of said equipment. elements, the University shall submit the E. Minor wind energy systems co-located with proposal to the Historic Preservation public industrial or utility facilities, subject to Board for its review and approval. The the applicable standards within Article 6. interpretive elements shall be designed in a manner that does not interfere with the 8.4.3 Conditions use and functionality of the pier as a Requirements for setbacks and any operational marine passenger facility and for water limitations shall be established as part of the access by the Roux Institute and the public. conditional rezoning process. 3. 100-foot review exemption. The B&M Cannery Building is exempt from Subsection 13.6.4(E)(2) for review of development within 100 feet of a landmark. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-33 Page 212 OVERLAY ZONES 8.5 PEDESTRIAN ACTIVITIES DISTRICT (PAD) servicing the building, shall consist of the uses OVERLAY specified below. Such uses shall occupy a 8.5.1 Purpose and applicability minimum of 40 feet in depth, measured from The purpose of the Pedestrian Activities District the street facing façade of the building. (PAD) Overlay is to ensure that key areas within the 1. Bars City, as identified on the PAD Overlay Zone map 2. Cultural facilities (Figure 8-H), are maintained as active, walkable, 3. General services pedestrian-oriented activity centers. As such, the 4. Governmental uses overlay requires that street-level frontages within 5. Hotels those areas identified on the PAD Overlay Zone map 6. Low-impact industrial, provided that only should be occupied with active uses as identified in retail sales of products produced on site, this section. or eating and drinking areas shall be located within the required active use area. 8.5.2 Use restrictions 7. Restaurants, including food preparation A. Within the PAD Overlay Zone, a minimum of areas visually oriented toward the street. 75% of the street level frontage, measured as a 8. Retail percentage of total building length excluding 9. Specialty food services, provided that only areas of vehicular and pedestrian egress, and retail sales of products produced on site, any mechanical or electrical equipment rooms or eating and drinking areas shall be FIGURE 8-H: PEDESTRIAN ACTIVITIES DISTRICT (PAD) OVERLAY 8-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 213 OVERLAY ZONES located within the required active use area. period of six months and that it has been 10. Studios for artists and craftspeople. unable to market the space for a permitted use 11. Theaters and performance halls, provided in accordance with Subsection 8.5.2. that only ticket and refreshment sales, B. The Planning Authority may impose reasonable lobbies, lounges and entrances shall be conditions concerning the design, appearance, located within the required active use area. use, and extent of use of the space along the 12. Other uses may be allowed, provided the street frontage to ensure maximum pedestrian applicant can demonstrate to the Building compatibility and interest. Authority that the proposed use is C. Notwithstanding the above, the Planning substantially similar to a use listed above Authority may authorize a reduction in the and will generate pedestrian interest and percentage of required ground floor activity. pedestrian-oriented uses where the physical B. First floor windows shall be transparent with limitations of an existing building so require. uses visible from the public right-of-way. Any such reduction shall be the least necessary C. For buildings that have frontage on more than to provide relief and shall include mitigating one street located within the PAD overlay zone, design factors. the above requirements apply to each frontage. In no event shall any required active use area be 8.5.4 Exceptions used for storage or service entrances, including For buildings that have 40 feet or less of frontage loading docks, dumpsters and compactors, on a street within the PAD Overlay Zone, the except as provided in Subsection 8.5.4. ground floor area requirements for permitted uses under Subsection 8.5.2 shall be reduced to 50% of 8.5.3 Conditional uses the frontage where required to accommodate a Any use permitted in the B-3 zone may be service entrance. For buildings that have frontage authorized as a conditional use subject to the floor on more than one street located within a PAD area and transparency requirements of Subsection Overlay Zone, only one such frontage shall be 8.5.2, provided that the Planning Authority shall be permitted to reduce the required active use area to substituted for the Board of Appeals as the 50% of the frontage. reviewing authority. Such uses shall meet the general conditional use standards of Section 6.5.2, 8.6 UNIVERSITY OF SOUTHERN MAINE and the following conditions and standards: OVERLAY A. The applicant shall prove by competent 8.6.1 Purpose evidence (including but not limited to reliable The intention of the University of Southern Maine documentation of advertising, real estate Overlay Zone is to establish an overlay zone in brokerage efforts, and other sales mechanisms) which an existing university campus can be that the space has been actively marketed, and, continued and reasonably expanded within defined in the case of new construction, available for boundaries, in addition to those uses permitted in permitted uses in the PAD Overlay Zone for a the underlying zone or zones. The purpose of this FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-35 Page 214 OVERLAY ZONES section is to recognize the unique qualities of a 14. Administrative and faculty offices. university campus while at the same time protecting 15. Transportation facilities. the value and integrity of established 16. Maintenance facilities. neighborhoods. 17. Utility buildings. 18. Student health services. 8.6.2 Location and applicability 19. Daycare facilities, nursery schools, and The University of Southern Maine Overlay Zone is kindergartens. intended to encompass and define the University of 20. Other buildings, structures and uses Southern Maine campus west of Forest Avenue. customarily incidental to a university. Properties in the University of Southern Maine B. On lots fronting on Chamberlain Avenue and Overlay Zone shall continue to be governed by the Exeter Street, university uses shall be limited to regulations applicable to the underlying zone except faculty housing, graduate student housing, as specifically modified by this section. faculty offices, and administrative offices. 8.6.3 Permitted uses 8.6.4 Conditional uses A. In addition to the permitted uses allowed in the The following uses are permitted as provided in underlying zones and notwithstanding anything Section 6.5: to the contrary in the use regulations for the A. Minor wind energy systems, subject to the underlying zones, post-secondary schools and standards of subsection 6.4.41. university uses are permitted in the University of Southern Maine Overlay Zone, including, but 8.6.5 Dimensional requirements not limited to: University buildings and structures shall be subject 1. Classrooms. to the dimensional requirements of the underlying 2. Laboratory and research facilities. zone, except as follows: 3. Student unions. A. Minimum setbacks. Minimum setbacks shall 4. Dining halls. be the same as in the underlying zone, except 5. Bookstores. as shown on the University Campus Overlay 6. Auditoriums. Setback Map, incorporated herein by reference. 7. Concert and lecture halls. Side and rear setbacks shall not be required 8. Gymnasiums. between buildings on contiguous lots owned by 9. Libraries. the university on the condition that such 10. Outdoor use areas, such as “quads”, contiguous lots shall be considered merged and greens, parks, gardens, art installations, and shall not be separately conveyed unless other active and passive noncommercial required setbacks in the underlying zones are recreation spaces. provided. 11. Faculty and student housing. B. Maximum building height. Maximum building 12. Parking lots and garages. height shall be the same as in the underlying 13. Community meeting spaces. zone, except as shown on the University 8-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 215 OVERLAY ZONES Campus Overlay Height Map, incorporated determining the amount of parking required for any herein by reference. university building, the Planning Board may take into C. Minimum building height. All new account such factors as: freestanding buildings in height zone B and A. The availability of off-campus parking and height zone C must be built to a height of at shuttle transportation to and from such off- least 35 feet or designed and constructed so campus facilities. that they can be expanded to 35 feet or higher. B. The ratio of commuter students to resident As used in this paragraph, the term “new students. freestanding building” means any building C. The use of centrally located on-campus parking which is not an addition to or expansion of a facilities so situated that students, faculty, staff building which existed on the date of and visitors arriving on campus can reasonably enactment of the University of Southern Maine be expected to park in the central facilities and Overlay Zone. Minimum building height walk to their various on-campus destinations provisions shall not apply to maintenance during the course of a school day. facilities, utility buildings, information kiosks, D. Shared use of a single parking facility by two or additions to and/or relocations of designated more buildings when the peak parking demand historic structures, and transportation facilities, period for such buildings do not overlap. including bus shelters, parking attendant E. Development and implementation of a parking booths, and other similar structures. management plan which discourages on-street D. Maximum impervious surface ratio. A parking. On-street parking shall not be used to maximum of 66% of the total land area within satisfy the university’s parking demand. the University of Southern Maine Overlay Zone, F. Development and implementation of programs exclusive of public streets, shall be impervious. designed to reduce the number of automobiles E. Maximum coverage by buildings. 40% of the parking on campus, such as ride share total land area within the University of programs and incentives for use of bicycles and Southern Maine Overlay Zone, exclusive of public transportation. public streets, shall be covered by building footprint. 8.6.7 Loading The amount of loading area required for any 8.6.6 Parking university building shall be determined by the The amount of parking required for any university Planning Board during site plan review, based on a building or building addition shall be determined by campus-wide analysis, treating all contiguous lots the Planning Board during site plan review, based on owned by the university as one lot. In determining an analysis of campus-wide parking demand and the amount of loading space required for any supply, pursuant to a comprehensive university university building, the Planning Board may take into parking management plan, and treating all account such factors as: contiguous land (including land on opposite sides of A. The use of centrally located on-campus loading the street) owned by the university as one lot. In facilities so situated that vehicles making FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-37 Page 216 OVERLAY ZONES deliveries can load and unload in the central integrity of established residential neighborhoods, facilities, provided no single location is establishes clearly defined boundaries beyond which overburdened with loading facilities. residential conversions cannot occur and results in B. Shared use of a single loading facility by two or no net loss of dwelling units, while allowing more buildings. Waynflete School, an existing private day school, to C. Impacts of the loading area on adjacent uses continue and reasonably augment its existing uses outside the University of Southern Maine and programs, thereby maintaining compatible Overlay Zone. development at medium densities appropriate to the existing neighborhood patterns. As used in this 8.6.8 Signage section, the term “Waynflete School” includes any Signs shall comply with the requirements of Article successor institution that operates as a private day 19, except as those regulations are modified or school. augmented below: A. Signs shall be designed in accordance with 8.7.2 Location and applicability signage standards promulgated by the The Waynflete School Overlay Zone, as shown on university, providing for a unified and ADA- the zoning map, is intended to encompass and compliant campus-wide system for define Waynflete School’s principal campus on the identification, orientation, and regulatory Portland peninsula. Properties in the Waynflete signage. School Overlay Zone shall continue to be governed B. Banners are allowed as follows: by the regulations applicable to the underlying zone 1. Generic banners containing the logo and except as specifically modified by this section. colors of the university, used for decorative purposes. 8.7.3 Subdistricts 2. Banners used for advertising university The Waynflete School Overlay Zone consists of two events, which can be displayed for a subdistricts. Except where otherwise specified in maximum of four weeks prior to and one this Section 8.7, all provisions of this Waynflete week following the event. School Overlay Zone apply in both subdistricts. The subdistricts, as shown on the Waynflete School 8.6.9 Design principles and standards Overlay Zone subdistrict map, incorporated herein All development in the University of Southern Maine by reference, are as follows: Overlay Zone is subject to the requirements A. The Campus Core subdistrict defines the contained within the City of Portland Design interior core of the campus and is intended to Manual. allow compact development of school uses, with specific space and bulk regulations 8.7 WAYNFLETE SCHOOL OVERLAY designed to accommodate school uses. 8.7.1 Purpose B. The Campus Edge subdistrict is intended to The intent of this section is to establish a Waynflete preserve residential character along the streets School Overlay Zone which protects the value and bordering the campus by limiting the amount 8-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 217 OVERLAY ZONES of residential space which can be converted to incidental and subordinate to the location, school uses, by maintaining a number of function and operation of a private day dwelling units within the subdistrict which school. equals the number of dwelling units existing in B. Residential uses. Faculty or staff housing, the subdistrict at the time of enactment of this which shall be considered a residential use, and Overlay Zone, and by encouraging mixed-use not a school use, for all purposes under this buildings along the street frontages. The space overlay zone. and bulk regulations of the RN-3 zone continue to apply within the Campus Edge subdistrict. 8.7.5 Prohibited uses A. Boarding schools. 8.7.4 Permitted uses B. Dormitories. In addition to the permitted uses allowed in the underlying zones and notwithstanding anything to 8.7.6 Residential conversions prohibited the contrary in the use regulations for the A. Conversions of existing residential buildings underlying zones, the following uses are permitted within the Waynflete School Overlay zone shall in the Waynflete School Overlay Zone: be prohibited. A. School uses. Elementary, middle and B. The existing houses at 11 Fletcher Street, 3 secondary school uses including, but not Storer Street, 305 Danforth Street, and 299 limited to, the following: Danforth Street shall not be relocated from 1. Classrooms. their locations existing as of January 20, 2010. 2. Laboratory facilities. This provision shall not apply to garages. 3. Dining halls. C. At no time shall the number of dwelling units 4. Auditoriums. within the Waynflete School Overlay Zone be 5. Concert and lecture halls. reduced below four (the number existing at the 6. Gymnasiums. time of enactment of this Overlay Zone). 7. Libraries. 8. Outdoor use areas, such as “quads”, 8.7.7 Dimensional requirements greens, parks, gardens, art installations, and Buildings and structures in the Waynflete School other active and passive recreation spaces. Overlay Zone shall be subject to the applicable 9. Parking lots and structures. dimensional requirements of the underlying zones, 10. Community meeting spaces. except as follows: 11. Administrative and faculty offices. A. Minimum setbacks shall be the same as in the 12. Transportation facilities. underlying zone, except that side and rear 13. Maintenance facilities. setbacks shall not be required between 14. Utility buildings. buildings on contiguous lots owned or 15. Student health services. occupied by Waynflete School on the condition 16. Bookstores. that such contiguous lots shall be considered 17. Accessory uses which are customarily merged and shall not be separately conveyed FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-39 Page 218 OVERLAY ZONES unless required yard dimensions in the walk to their various on-campus destinations underlying zones are provided. during the course of a school day. B. Minimum street frontage shall be the same as B. Shared use of a single parking facility by two or in the underlying zone, except that all the land more buildings when the peak parking demand within the Waynflete School Overlay Zone periods for such buildings do not overlap. owned or occupied by Waynflete School shall C. Development and implementation of a parking be considered a single lot for the purpose of management plan which discourages on-street complying with minimum street frontage. parking. C. Maximum coverage by buildings shall be the D. Development and implementation of a TDM same as in the underlying zone, except that in plan subject to the review and approval of the the Campus Core subdistrict the maximum Planning Authority or the Planning Board. The coverage by buildings shall be 40% and all the TDM plan shall employee elements such as land within the Campus Core subdistrict owned public transit initiatives, parking cash-out, car or occupied by Waynflete School shall be sharing, car and van pooling incentives, considered a single lot for the purpose of provision of bicycle and pedestrian commuting calculating maximum coverage by buildings. accommodations, guaranteed ride home programs, employee surveys, newsletters, 8.7.8 Parking alternative transportation information sharing, The amount of parking required for any change of and other such strategies that reduce single use, new building, or building addition within the occupancy vehicle trips to and from Waynflete zone shall be determined during site plan review, school. Waynflete School shall follow the based on an analysis of school-wide demand and standards and guidelines for developing a TDM supply, pursuant to a comprehensive school-wide plan found in the TDM section of the City of Transportation Demand Management Plan (TDM), Portland Technical Manual. and treating all land owned by Waynflete School within the Waynflete School Overlay Zone as one 8.7.9 Loading lot. Any existing parking management or TDM plan The amount of loading area required for any approved as part of a previous approval shall remain building within the Waynflete School Overlay Zone in effect until revised or updated pursuant to this shall be determined by the Planning Board during section. In determining the amount of parking site plan review, based on a campus-wide analysis, required for any building within the Waynflete treating all land owned by Waynflete School within School Overlay Zone, the Planning Authority or the the Waynflete School Overlay Zone as one lot. In Planning Board may take into account such factors determining the amount of loading space required as: for any building within the Waynflete School A. The use of centrally located on-campus parking Overlay zone, the Planning Board may take into facilities so situated that students, faculty, staff account such factors as: and visitors arriving on campus can reasonably A. The use of centrally located on-campus loading be expected to park in the central facilities and facilities so situated that vehicles making 8-40 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 219 OVERLAY ZONES deliveries can load and unload in central facilities, provided no single location is overburdened with loading facilities. B. Shared use of a single loading facility by two or more buildings. C. Impacts of the loading area on adjacent uses outside the Waynflete School Overlay Zone. 8.7.10 Signage Signs shall comply with the requirements of Article 19. 8.7.11 Restrictions Notwithstanding the conditional use provisions for institutional uses within the RN-3 or RN-5 zones, Waynflete School cannot locate a school use listed in Subsection 8.7.4 on any lot in the RN-3 or RN-5 zones outside the boundaries of the Waynflete School Overlay Zone that was occupied by a residential use or structure on or after January 20, 2010. This restriction does not prevent Waynflete School from seeking a conditional use permit for a school use, where otherwise allowed by the zoning regulations, on lots outside the Waynflete School Overlay Zone that were not occupied by a residential use or structure on or after January 20, 2010. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-41 Page 220 FORM-BASED ZONES 9 FORM-BASED ZONES C. Street walls are engaged with the street environment. Buildings are inviting places that 9.1 INDIA STREET FORM-BASED ZONE interact with and contribute to the street 9.1.1 Purpose vitality. Inactive edges, vehicle storage, The India Street Form-Based Code is different than garbage, and mechanical equipment should be traditional zoning, placing the primary emphasis on kept away from the street. Shared a building’s physical form and its relationship to the infrastructure, to the extent practicable, street, and de-emphasizing land use. The intent of including, but not limited to, service alleys, the India Street Form-Based Code Zone is to parking areas, stormwater treatment, public establish a zone that encourages a vibrant, walkable, transportation facilities, and driveways, shall be mixed-use urban district, preserves and values the utilized. existing historic neighborhood fabric, and fosters D. Buildings are designed for the urban and supports local businesses and residential areas. environment. Buildings must be designed for The goal of the India Street Form-Based Code is the the urban situation within the subdistrict which creation and preservation of an active and human- often includes mixed-uses. Buildings are scale public realm and the reinforcement of existing positioned near the street and facades are neighborhood character through good streetscape oriented to the street. design. The components of the form-based code E. Respect historic character. If a property is include the guiding principles, Regulating Plan, within the India Street Historic District, Article subdistricts, general development standards, 16 is applicable. New construction, building dimensional requirements, building design additions, or alterations in the India Street standards, diagrams, and definitions. Historic District shall reflect and complement the character-defining features and elements of 9.1.2 General guiding principles the existing historic development to which it is The general guiding principles set forth here shall be visually related. applicable to all subdistricts within the India Street Form-Based Code Zone: 9.1.3 Applicability A. The street is a coherent space, with consistent A. The requirements set forth in this Section 9.1 building and streetscape character on both shall apply to all new development, primary and sides of the street. This agreement of buildings accessory structures, including building and streetscape across the street contributes additions within the India Street Form-Based to a clear public space and district identity. Code Zone as designated on the India Street B. The street wall is visually well defined. Land Regulating Plan. should be clearly public or private. Buildings B. A waiver of the requirements listed below may contribute to the vital and safe public space be granted if it can be demonstrated to the while providing a clear boundary to the private, satisfaction of the protected realm. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-1 Page 221 FORM-BASED ZONES FIGURE 9-A: IS-FBC REGULATING PLAN 9-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 222 FORM-BASED ZONES Planning Authority that the requirements in 9.1.5 Regulating Plan Subsection 9.1.3(C) below have been met: The Regulating Plan shows the location of the zone 1. Building orientation. boundary and subdistricts subject to regulation by 2. Blank façade length (max.). the IS-FBC Zone. 3. Fenestration, ground floor facade area. 4. Building entry frequency, orientation, or 9.1.6 General development standards elevation. A. Prohibited uses 5. Garage door setback or width. 1. Correctional pre-release facilities. 6. Additional building length – ground floor 2. Funeral homes. partition or module requirements. 3. Drive-through facilities. C. A waiver request must meet the following 4. High‐impact industrial uses. requirements: 5. Auto service stations. 1. The intent of the IS-FBC Zone as stated in 6. Truck terminals. Subsections 9.1.1 and 9.1.8. 7. Recycling and solid waste disposal services. 2. Be the least adjustment necessary to 8. Storage and parking facilities for Class 1 satisfy the practical, programmatic, or flammable and combustible liquids (having functional needs of the proposed an aggregate total of more than 100 development. gallons) but excluding storage that is part 3. At least one of the following applies: of a motorized vehicle or pleasure craft a. The proposed zoning alternative facility. better achieves the zone and B. Performance standards. All uses permitted subdistrict intent. within this Article 9 shall conform to the mixed- b. The zone or subdistrict intent will not use and B-2/B-2b zone performance standards be met by applying the requirement in established in Section 6.8. Where no zone is this particular circumstance. specified, the performance standard applies. c. There is a legal or practical necessity C. Siting standards or unique conditions. 1. Mid-block permeability d. Unique site factors make the zoning a. On lots with frontage on two streets requirement impractical or cost roughly parallel to prohibitive. Commercial/Thames Street, for each and every 200 feet in street line length 9.1.4 Establishment of subdistricts of lot, a full break between structures The India Street Form-Based Code Zone as shown of at least 20 feet in width shall be on the Regulating Plan is divided into three provided roughly perpendicular to subdistricts: Commercial/Thames Street and within A. Urban Neighborhood (UN) Subdistrict. the middle third of the applicable B. Urban Transitional (UT) Subdistrict. street frontage. (See Figure 9-F.) C. Urban Active (UA) Subdistrict. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-3 Page 223 FORM-BASED ZONES b. Is encouraged in any location that under the following circumstances connects existing public or private and according to Table 9-A: alleys, passages, or streets. i. Attached buildings: An unlimited c. Any development providing mid-block number of attached buildings permeability with public access in the having up to 30 feet of street- form of a continuous path of travel facing building length is allowed. with a minimum clear width of 10 feet A party wall condition is required between two streets is eligible for one at least every 30 feet and for the additional story of up to 12 feet in entire height of each building. height under the provisions of (See Table 9-A Additional Building Subsection 9.1.6(D). Public access Length – Attached Buildings.) shall be defined through a legal ii. Ground floor partitions: agreement such as an easement or Additional building length is license. permitted with the provision of d. For locations where mid-block ground floor partitions where the permeability is required, refer to the following conditions are met. Regulating Plan. (See Table 9-A Additional Building 2. Frontage requirements Length – Ground Floor a. Minimum street frontage: 30 feet Partitions.): b. Building length measurement shall not a) Partitions must extend from include porches, decks, or balconies the facade at least 2/3rds of that are appended to the principal the building depth. structure. b) Partitions must be c. In the case of a corner lot or lot architecturally expressed on bounded by at least three streets, the building exterior. maximum building lengths may not be c) Each module created by exceeded in order to meet front yard partition must have at least setbacks. one functional, street-facing d. Additional building length is allowed entry. beyond the maximum building length TABLE 9-A: ADDITIONAL BUILDING LENGTH Structured Parking Subdistrict Attached Buildings Ground Floor Partitions Massing Variation Exception UN Unlimited run Not allowed Not allowed Not allowed 200 ft. max. length; UT Unlimited run 200 ft. max. length 200 ft. max. length 2 modules 150 ft. max. length; UA Unlimited run Not allowed 150 ft. max. length 3 modules 9-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 224 FORM-BASED ZONES d) Modules created by partition 3. Setbacks shall be sized to have a. Lots with a street frontage of less than reasonable function and 35 feet are exempt from providing side proportion in relation to yards but only where required yard is overall building length. perpendicular to the frontage that is e) In the UA subdistrict, number less than 35 feet. of modules are required b. Where new construction or building based on building length. In a additions create a side yard of less building with a length greater than five feet, a maintenance than 50 feet but less than easement is required where a 100 feet, at least two combination of the side yard and modules are required. In a easement must be at least five feet. building with a length greater Party wall conditions are exempt from than 100 feet but less than or providing a maintenance easement. equal to 150 feet, at least Corner lots may only apply the side three modules are required. yard reduction to one required side f) Massing Variation: Additional yard. building length is permitted c. Building facades within 10 feet of a where at least 30% and up to corner are exempt from setback 40% of the total façade requirements in order to allow special building length is set back at corner architectural treatments. least 20 feet. (See Table 9-A d. Subdivision developments consisting Additional Building Length – of horizontally attached buildings on Massing Variation.) individual lots are not required to have g) Structured Parking side yards between buildings where a Exception: Additional party wall condition will exist, but shall building length for one be required to meet the applicable facade without partition walls side setbacks at the external and is allowed for the use of internal subdivision lot boundaries ground-level structured between buildings that are not parking. attached to each other. 4. Landscaping and screening a. Surface parking areas shall be TABLE 9-B: WALL/FENCE DIMENSIONAL REQUIREMENTS Location Height Visual Permeability screened from view from sidewalks, public rights-of-way, and public open Required above 2 ft. from Within front yard 6 ft. max. sidewalk grade spaces using landscaping, walls, Side or rear yard 8 ft. max. n/a fencing, or a combination thereof. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-5 Page 225 FORM-BASED ZONES TABLE 9-C: HEIGHT BONUSES Height Bonus With Floor Pre-Bonus Mid-Block Green Bonus Stepback2 Subdistrict Height (max.) Permeability1 Roof (max.) (min.) 45 ft. and 57 ft. up to UN n/a n/a 15 ft. 4 stories 5 stories 65 ft. and 1 story 1 story 77 ft. up to UT . 15 ft. 6 stories up to 12 ft. up to 12 ft. 7 stories UA (Congress 50 ft. and 1 story 1 story 62 ft. up to Street and 15 ft. Commercial 4 stories up to 12 ft. up to 12 ft. 5 stories Street only) 1 Must be publicly accessible in the form of a continuous path with a minimum clear width of 10 feet. 2 Measured from the ground floor building edge facing any public right-of-way. b. Walls and fences shall meet the 3. One additional story of up to 12 feet in dimensional requirements in Table 9-B. height is allowed for any development 5. Building additions. Building additions are providing a green roof, where: exempt from story minimums or a. At least 50% of the cumulative lot area maximums in order to match existing is pervious. building in number of stories. All other b. At least 50% of the cumulative roof subdistrict height standards shall apply area is a green roof. Green roof area including height minimums and maximums may be applied towards the 50% lot in feet. area requirement. Maintenance shall D. Height standards be assured by a maintenance plan and 1. Height bonus applicability. Only one maintenance agreement approved by height bonus may be applied per structure. the Planning Authority. 2. If a frontage faces a UT street, UN street, 4. For affordable housing projects in which or allowed UA street according to Table 9- over 75% of units are low-income or C, then the portion of the building facing workforce units, maximum heights that street is eligible for a height bonus. may be increased by 12 feet. For lots with multiple frontages where a E. Parking standards frontage faces an ineligible street, the 1. Parking shall be provided as per Article 18. bonus story must be stepped back at least 2. In the case of a building addition, non- 35 feet from ineligible street line. (See conforming existing surface parking may Subsection 9.1.8(D).) remain. In the case of new construction, surface parking must be brought into conformance with IS-FBC standards. 9-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 226 FORM-BASED ZONES 9.1.7 Subdistrict dimensional requirements triple-deckers, and double-triples. Building A. Urban Neighborhood (UN) subdistrict frontages may be less transparent and entries may The intent of this subdistrict is to maintain and be raised above sidewalk level with frontage types promote a small-scale, less active urban fabric. including raised, recessed doorways, porches, and Buildings may be more private in character and have stoops. The streetscape has variable setbacks and smaller footprints with building types including, but landscaping with many buildings within one block not limited to, single-family, townhouses, duplexes, and streets tend to be narrow. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-7 Page 227 FORM-BASED ZONES B. Urban Transitional (UT) subdistrict uses with frontage types including doorways, The intent of this subdistrict is to encourage higher forecourts, arcades, and storefronts. The density, mixed-use building types that streetscape may be less active than the UA accommodate any use. Building frontages are a mix subdistrict with wide sidewalks, street trees, and of activity level, have larger footprints, and the most setbacks and stepbacks providing relief from large flexibility of height and scale. Building ground floor building masses. spaces tend to accommodate flexible and changing 9-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 228 FORM-BASED ZONES C. Urban Active (UA) subdistrict frontages are transparent and entries are at The intent of this subdistrict is to maintain and sidewalk level with frontage types including promote a moderate-scale, diverse, mixed-use storefronts and recessed doorways. The neighborhood with vibrant streets and active streetscape has steady street planting, and buildings ground floor spaces. Buildings are more active and set close to the street providing a consistent street engage the street at the ground level. Building wall. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-9 Page 229 FORM-BASED ZONES D. Corner conditions measured from the dominant lot line along its For corner lots where two subdistricts intersect at a associated street frontage or public ways including street corner, the dimensional requirements and required mid-block permeability. Otherwise, building design standards of the “dominant” dimensional requirements shall be according to the subdistrict shall apply 35 feet deep into the lot subdistrict onto which the building façade faces. 9-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 230 FORM-BASED ZONES FIGURE 9-B: DIMENSIONAL REQUIREMENTS ILLUSTRATED FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-11 Page 231 FORM-BASED ZONES FIGURE 9-B (CONT.): DIMENSIONAL REQUIREMENTS ILLUSTRATED 9-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 232 WATERFRONT ZONES 10 WATERFRONT ZONES urban context, Portland’s Eastern Waterfront is uniquely situated to support a wide range of 10.1 IN GENERAL water-dependent industry and commerce Portland’s waterfront zones were developed to through a variety of marine activities. support a wide range of industries unique to the B. The support and expansion of Portland’s city’s maritime environment that rely upon access marine industry requires piers, uplands, and to the working waterfront. Competing demands for circulation consistent with the transportation limited access require a more exhaustive use list, purpose and use of marine facilities. The specialized performance standards, and a unique set growth of Portland’s marine passenger industry of dimensional restrictions that are unlike those of also requires supporting services and activities other zones. Given this high degree of specialization, to provide a safe, convenient, and enjoyable Article 10 should generally be viewed in isolation travel experience for users of marine passenger from other articles within the Land Use Code, with facilities. Non-marine uses that complement the exception of waterfront-specific definitions, the marine passenger industry, are compatible listed within Article 3. Uses listed within this article with existing and future water-dependent uses, may typically be considered part of a larger generic and provide opportunities for residents and use category as defined within Article 3. These visitors alike to enjoy the Eastern Waterfront specific uses are listed only for the purposes of this throughout the year, are encouraged. article, and do not indicate whether such uses are C. The primary use of the deep-water resources permitted or conditional in any other zone. In the shall be for the berthing and support of large case of any overlap or conflict with uses defined vessels. Non-marine uses that complement and elsewhere within this Code, the use as referenced support the deepwater infrastructure and do within this article shall control within the waterfront not conflict or compete for limited space with zones. existing or anticipated deepwater-dependent uses are encouraged. Existing and future pier 10.2 EASTERN WATERFRONT PORT ZONE infrastructure and upland support areas should (EWPZ) be designed and maintained to support a 10.2.1 Purpose variety of marine uses and be responsive to A. The Eastern Waterfront Port Zone is created to future technologies and trends in the marine support deepwater-dependent activity within industry. the context of the established waterfront. The D. Given the need to nurture and support transport of goods and passengers by water is deepwater-dependent uses and the need for an important component of both the local and non-deepwater-dependent uses to regional economies and this transport and complement the marine passenger industry other forms of marine industry are dependent and to support the maintenance and repair of upon land and piers with direct access to pier infrastructure, the Eastern Waterfront Portland Harbor. Given the existing pier Port Zone recognizes the following hierarchy of infrastructure, proximity to deep water, and uses: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-1 Page 233 WATERFRONT ZONES 1. The first priority of this zone is to protect D. The siting of a proposed use will substantially and support existing and potential reduce or inhibit existing public access to deepwater-dependent uses (those uses marine or tidal waters. requiring a minimum of 15 feet of water depth). 10.2.3 Permitted uses 2. The second priority is to allow shallow Subject to a determination that the proposed use water-dependent and other permitted meets the standards of Subsection 10.2.2, the marine uses, so long as they do not following uses are permitted in the Eastern interfere with deepwater-dependent uses, Waterfront Port Zone: either directly by displacement or A. Marine passenger indirectly by placing incompatible demands 1. Intermodal marine passenger facilities. on the zone’s infrastructure. 2. Cruise ship home port and port-of-call 3. Other uses specified herein are allowed berthing and support. only if they do not interfere with and are 3. International and domestic ferries. not incompatible with higher priority uses. B. Marine commercial 1. Transient and long-term commercial 10.2.2 No adverse impact on marine uses berthing. No use shall be permitted, approved or established 2. Marine-related warehousing. in this zone if it will have an impermissible adverse 3. Marine-related construction, impact on future marine development manufacturing, fabrication, salvage, and opportunities. A proposed non-water-dependent repair. component of a development will have an 4. Storage and repair of fishing equipment. impermissible adverse impact if it will result in any 5. Ship and other marine vessel construction, one or more of the following: building, servicing, and repair. A. The proposed use will displace an existing 6. Boat and marine equipment storage. water-dependent use. 7. Harbor and marine supplies and services, B. The proposed use will reduce existing chandleries, and ship supply such as fueling commercial vessel berthing space. and bunkering of vessels. C. The proposed use, structure or activities, 8. Public, non-profit, or commercial marine including but not limited to access, circulation, transportation and excursion services, parking, dumpsters, exterior storage or loading including captained charter services, sport facilities, and other structures, will fishing, and water taxis. unreasonably interfere with the activities and 9. Ship and off-shore support services, operation of existing water-dependent uses or including but not limited to tug boats, pilot significantly impede access to vessel berthing boats, and chandleries. or other access to the water by water- 10. Facilities for marine pollution control, oil dependent uses. spill cleanup, and servicing of marine sanitation devices. 10-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 234 WATERFRONT ZONES 11. Marinas located east of the eastern of the public works authority at least boundary of the parcel of land owned by 60 days prior to the first day of the the City of Portland pursuant to a deed event. from the State of Maine dated February 3. Festivals subject to City license. 1982 and recorded in the Cumberland 4. Street vendors licensed pursuant to County Registry of Deeds at Book 4916, Chapter 19 of the City of Portland Code of Page 26. Ordinances. 12. Marine office, including but not limited to D. Public offices of owners of marinas, wharves or 1. Fire, police, and emergency services. their agents, naval architects, and seafood 2. Governmental agency emergency brokers. operations/crisis centers. C. Commercial 3. Research, military, and visiting attraction 1. Professional, business, government, and vessel berthing. general office located in upper floors of 4. Landscaped pedestrian parks, plazas, and structures existing as of September 18, other similar outdoor pedestrian spaces, 2006. including without limitation pedestrian 2. Temporary events, except festivals as and/or bicycle trails. otherwise governed under paragraph (3) E. Other listed below. Buildings, piers and lands 1. A facility for non-profit organizations within the EWPZ may be used for whose facility may include offices, temporary public and private events classrooms, equipment, equipment rentals, including but not limited to exhibitions, storage, and bathrooms for the public. conferences, meetings, and trade shows under the following conditions: 10.2.4 Conditional uses a. Temporary events occupying more A. The uses identified in Section 10.2.4(C) below than 10,000 square feet of building or shall be allowed as conditional uses in the outdoor space shall not exceed a Eastern Waterfront Port Zone, subject to the combined total of 60 days between standards of Section 6.5 of this Code, with the May 1st to October 31st. following exceptions: b. No temporary event may continue for 1. Notwithstanding Subsection 6.5.1, or any more than 14 days of continuous other provision of this code, the Planning operation. Board shall be substituted for the Board of c. Any temporary event that anticipates Appeals as the review authority. more than 5,000 people in attendance 2. In addition to the provisions of Subsection on any single day shall provide and be 6.5.2, such uses shall not impede or subject to a parking management plan. preclude existing or potential water- The parking management plan shall be dependent development within the zone, submitted for the review and approval shall allow for adequate right-of-way FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-3 Page 235 WATERFRONT ZONES access to the water, shall be compatible g. Commercial marinas serving with marine uses, and shall meet all commercial and recreation boats additional standards set forth below. located west of the eastern boundary B. Conditional use standards of the parcel of land owned by the 1. Marine compatibility. The proposed use City of Portland pursuant to a deed shall be compatible with existing and from the State of Maine dated potential marine uses in the vicinity, as February 1982 and recorded in the required by Subsection 10.2.8(M) and (N). Cumberland County Registry of Deeds 2. Parking and traffic circulation. All at Book 4916, Page 26, provided that applications for conditional use in the such facilities are located in areas that EWPZ shall submit a parking and do not conflict with the navigation and circulation plan for review and approval by handling of deepwater-dependent the Planning Board. The parking and vessels accessing existing or potential circulation plan shall show the location of deepwater berthing. all existing and proposed structures, travel h. Fish byproducts processing, provided ways, and parking under the common that: ownership and/or control of the subject i. Any fish byproducts processing pier or property. The plan shall facility has a valid rendering demonstrate that the parking and facility license under Chapter 12 circulation of the conditional use does not of the Portland City Code of interfere with the functional marine utility Ordinances. of the property and otherwise meets the ii. Any fish byproducts facility shall standards and conditions of the EWPZ. employ current and appropriate C. Conditional uses odor control technology to 1. Marine eliminate or minimize detectable a. Marine products, wholesaling, and odors from such a process, and in retailing. no case shall odors exceed the b. Ice-making services. odor limitation performance c. Marine freight facilities providing standards of the IM zone in service for, and/or intermodal transfer Subsection 6.8.7. of, container and breakbulk freight. iii. The processing other material d. Marine educational facilities. wastes or byproducts shall not be e. Seafood retailing, wholesaling, deemed a lawful accessory use packaging, and shipping. permitted herein. f. Seafood processing for human 2. Commercial consumption, subject to the a. Structured parking available to the performance standards applicable to general public. the I-L zone as listed in Section 6.8. 10-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 236 WATERFRONT ZONES b. Professional, business, government a. Public utility substations, including but and general offices uses in upper not limited to electrical transformers, floors of structures constructed after sewage and stormwater pumps, and September 18, 2006. telecommunication switching stations, c. Passenger support services supporting are permitted under the following a marine passenger use listed under conditions: Subsection 10.2.3(A). The total ground i. The facility is located more than floor area occupied by any 100 feet from the water’s edge. combination of the following uses ii. The facility occupies no more (regardless of ownership) shall not than 50 square feet of structure exceed 35% of the gross floor area of above ground. the principal associated marine iii. The facility provides no dedicated passenger use and no more than on-site parking and all subsurface 35,000 square feet cumulative within elements of the facility are the EWPZ: installed and operated such that i. Retail. land occupied by the facility is ii. Restaurants/food service other otherwise useable and made than street vendors. available for marine-related uses, iii. Retail service. including but not limited to iv. Passenger information services. parking, travel ways, and/or 3. Industrial. The following industrial uses are storage. permitted provided that such uses shall iv. The facility shall be sized, sited conform to the IM zone performance and screened to minimize visual standards set forth in Section 6.8 in impact and prominence from addition to the performance standards of public ways. Subsection 10.2.8. Where redundant or b. Maritime museums, limited to 5,000 contradictory performance standards square feet of ground floor footprint. exist, the more restrictive standard applies. 5. Parking for non-marine uses. On-site a. Non-marine-related warehousing in parking for non-marine commercial and structures existing as of September 18, industrial uses is allowed as a conditional 2006. use subject to the following: b. Facilities for combined marine and a. Notwithstanding Article 18 and Article general construction. 13 of this Land Use Code, no parking c. Industrial uses as permitted in the IL shall be allowed in this zone for non- zone in structures existing as of marine uses unless the applicant can September 18, 2006, excluding all auto demonstrate that the number of repair service facilities. parking spaces on-site exceeds the 4. Public number of parking spaces needed to FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-5 Page 237 WATERFRONT ZONES accommodate the demand for marine 10.2.6 Contract or conditional rezoning and water-dependent uses that are In addition to those marine and non-marine uses permitted by Subsections 10.2.3 and authorized in Subsections 10.2.3 and 10.2.4, an 10.2.4 which are or may be located on applicant may apply to locate a non-marine use not the subject property. (See editor’s otherwise permitted, if the reviewing body finds the note below.) The remainder of parking applicant has met the standards of Subsection required, if any, for such non-marine 10.2.2, the performance standards of Subsection uses shall be provided off-site. 10.2.8, the applicable standards of b. For the purposes of this section, contract/conditional rezoning contained in Section vacant ground floor space should be 5.3, and conforms to the following requirements: considered to have a parking demand A. Standards for contract or conditional rezoning: similar to other space housing an 1. All non-marine uses shall be those existing water-dependent use permitted or conditionally permitted in the elsewhere on the subject property, or B-5 zone, and not specifically prohibited in on a comparable property. Subsection 10.2.5 above. Any hotel, inn, or D. The following uses shall be permitted only upon other similar transient lodging the issuance of a conditional use permit subject establishment proposed shall be located to the provisions of Section 6.5, and any special landward of the spring tide line and provisions, standards, or requirements westerly of the extension of the India specified below: Street right-of-way. 1. Wind energy systems. 2. The aggregate ground floor area of any 2. Solar energy systems. development permitted hereunder located within 100 feet of the pier edge or working 10.2.5 Prohibited uses edge of the hardened shoreline shall be Uses, whether floating or fixed to land, that are not occupied by at least 50% of one or more enumerated in Subsections 10.2.3 or 10.2.4 as marine uses set forth in Subsections 10.2.3 permitted or conditional uses are prohibited. Those and 10.2.4. Circulation areas and areas uses that are specifically prohibited shall include, occupied for accessory parking serving without limitation: marine uses shall not be used as the basis A. Residential uses. for calculating the required 50%. B. Amusement/theme parks. 3. The development is consistent with the C. Bulk freight facilities. Comprehensive Plan, and without the non- D. On-site gambling casinos not accessory to and marine use component proposed, the site located aboard either a ferry or inter-port could not otherwise support an cruise ship. economically viable water-dependent use. 4. The project’s public benefits outweigh its potential negative impacts, provided that such public benefits include one or more 10-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 238 WATERFRONT ZONES of the following: protection of existing 10.2.7 Dimensional requirements. water-dependent uses, preservation of In addition to the generally applicable provisions of future water-dependent use development Article 7 of this Land Use Code, lots in the EWPZ opportunities, contribution to the shall be subject to the following requirements: development of and/or on-going A. Minimum lot size: None maintenance of the marine infrastructure B. Minimum frontage: None for commercial vessels, and visual and C. Minimum yard dimensions: physical access to the waterfront for the 1. Front setback: None general public. 2. Side setback: None 5. The non-marine portion of the 3. Rear setback: None development will not significantly restrict 4. Setback from pier line: Notwithstanding air or light for marine uses located in the the above requirements, a minimum immediate vicinity; will not create setback of 25 feet from the edge of any significant adverse local climatic effects on pier, wharf or working edge of the marine uses such as an undue increase of hardened shoreline shall be required for winds or shadowing; and will not adversely any structure, provided that marine affect the efficient operation of marine offices, as defined in Section 10.2.3(B)(12), uses, such as by producing less efficient may be located up to five feet from the traffic, parking or circulation patterns. edge of any pier, wharf, or working edge of 6. The rezoning contains adequate provisions the hardened shoreline. The setback area and/or conditions to ensure that on-site may be utilized for water-dependent uses, water-dependent infrastructure remains and public uses and activities, subject to occupied by commercial marine use(s) the provisions of Subsections 10.2.2 and listed in Subsections 10.2.3 and 10.2.4 and 10.2.4, and shall not be utilized for non that said use is not abandoned after the water-dependent uses, or for off-street project is developed. parking. The edge of any pier, wharf or B. Notwithstanding the off-street parking bulkhead shall include any attached standards of Article 13, all on-site parking apron(s). constructed or used for non-marine uses D. Maximum impervious surface: 100% allowed only by contract or conditional E. Maximum building height: 45 feet, except as rezoning shall be subject to the conditional use follows: provisions Subsection 10.2.4(C)(5). Additionally, 1. For purposes of this subsection only, the total amount of parking shall be established moveable elements such as cranes and by the City Council in the conditional or gantries, connection devices such as contract rezoning agreement after conveyors or bridges, and floating vessels consideration of the Planning Board’s shall not be subject to the space and bulk recommendation. requirements, but shall be subject to a determination by the Federal Aviation FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-7 Page 239 WATERFRONT ZONES Administration that the location of such scale at or within the boundaries of any equipment will not create a hazard to air residential zone, except for sound from traffic. construction activities, sound from traffic 2. Rooftop appurtenances may exceed the on public streets, sound from temporary maximum height limit of 45 feet providing activities such as festivals, sound created that their design and placement is either as a result of, or relating to, an emergency, fully screened or integrated into the including sound from emergency warning architecture of the structure on which signal devices, and maritime navigation they sit. signals. 3. The applicant shall provide a 2. In measuring sound levels under this determination from the Federal Aviation subsection, sounds with a continuous Administration that structures and duration of less than 60 seconds shall be equipment in excess of 45 feet will not measured by the maximum reading on a exceed the applicable height guidelines for sound level meter set to the A weighted the runway approach and will not create a scale and the fast meter response (L conclusive evidence that the proposed maxfast). Sounds with a continuous development will not create a hazard. duration of 60 seconds or more shall be measured on the basis of the energy 10.2.8 Performance standards average sound level over a period of 60 Development in the Eastern Waterfront Port Zone seconds (LEQ1). shall comply with the following standards: 3. In addition to the sound level standards A. Outdoor storage of materials. Outdoor otherwise established, facilities or storage of commodities and materials operations established or built in the accessory to normal conduct of business shall EWPZ on or after July 1, 1988, shall employ be entirely contained, including runoff best practicable sound abatement contaminants and residual material, within a techniques to prevent tonal sounds and designated area. impulse sounds or, if such tonal and B. Noise impulse sounds cannot be prevented, to 1. The level of sound, measured by a sound minimize the impact of such sounds in level meter with frequency weighting residential zones. Tonal sound is defined as network (manufactured according to a sound wave usually perceived as a hum standards prescribed by the American or which because its instantaneous sound National Standards Institute, Inc.), pressure varies essentially as a simple inherently and recurrently generated sinusoidal function of time. Impulse sounds within the EWPZ between the hours of are defined as sound events characterized 7:00 p.m. and 7:00 a.m. from facilities or by brief excursions of sound pressure, operations commenced on or after July 1, each with a duration of less than one 1988, shall not exceed 55 decibels on the A second. 10-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 240 WATERFRONT ZONES C. Vibration. Vibration inherently and recurrently Department of Public Works and shall be generated shall be imperceptible without accomplished in a manner so as to ensure that instruments at lot boundaries. This shall not a stable and impermeable wall of acceptable apply to vibration resulting from activities materials will completely contain the fill aboard a vessel or from railroad vehicle material and will not permit any fill material to activities, or from activities on a pile-supported leach into docking areas or navigable waters. pier. H. Off-street parking and loading. Off-street D. Federal and state environmental parking and loading shall be exempt from the regulations. All uses shall comply with federal standards of Article 18. and state environmental statutes and I. Shoreland and Floodplain Management regulations regarding emissions into the air, regulations. Any lot or a portion of a lot except where provisions of this code are more located in a Shoreland Overlay Zone as stringent. identified on the City zoning map or in a flood E. Discharges into harbor areas. No discharge hazard area shall be subject to the into harbor water areas shall be permitted, requirements of Articles 11 and 12. unless permitted by the Maine Department of J. Lighting. All lighting on the site shall be Environmental Protection under a waste shielded such that direct light sources shall not discharge license and as approved by the interfere with vessels transiting the harbor, nor Department of Public Works in accordance have an unreasonable adverse impact on with Chapter 24, Article III of the City of adjacent residential zones, and shall be Portland Code of Ordinances. All private compliant with the site lighting standards of the sewage disposal or private wastewater City of Portland Technical Manual. treatment facilities shall comply with the K. Signs. Signs shall be permitted as set forth in provisions of Chapter 24, Article II of the City of Article 19. Portland Code of Ordinances and federal and L. Storage of pollutants and oily wastes. On- state environmental statutes and regulations premises storage of pollutants and oily wastes regarding wastewater discharges. shall not be permitted for more than 45 days. F. Storage of vehicles. Storage of any M. Compatibility of non-marine uses with unregistered automotive vehicle on the marine uses. Non-marine uses, structures, and premises for more than 10 days shall not be activities, including but not limited to access, permitted. circulation, parking, dumpsters, exterior G. Landfill of docking and berthing areas. storage, and loading facilities or other Landfill of docking and berthing areas shall be structures shall neither unreasonably interfere governed by 38 M.R.S. § 471-478, and permitted with the existence or operation of marine uses only if the landfill does not reduce the amount nor significantly impede access to vessel of linear berthing areas or space, or berthing berthing or other access to the water by capacity. If approved, construction shall be existing or potential marine uses. undertaken using methods approved by the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-9 Page 241 WATERFRONT ZONES N. Functional utility of piers and access to the the financial return to property owners water’s edge. All development, whether for necessary for the maintenance and marine or non-marine uses, shall anticipate improvement of marine infrastructure. current and future needs of water-dependent B. Water-dependent and marine-related support uses to functionally access the water’s edge for uses include unique activities and operational the transfer of goods, materials, and passengers needs not shared by other commercial and between berthed vessels and land bound industrial uses in the city. The first and second vehicles. Provisions for the storage and priority uses established in the WCZ may result movement of goods, materials, and passengers in noise, odor, dust, hours of operation, parking shall be designed into all waterside and traffic patterns, and traffic control needs development and internal circulation routes that are necessary for the convenient and shall be maintained or otherwise provided as an successful conduct of such uses. Other element of any development. specified uses are permitted in the Waterfront Central Zone, provided that they do not 10.3 WATERFRONT CENTRAL ZONE (WCZ) significantly interfere with the activities and 10.3.1 Purpose operation of water-dependent and marine- A. The Waterfront Central Zone was created to related support uses. Such uses shall be, and protect and support water-dependent and are assumed to be, aware of the impacts marine-related uses to ensure their present and associated with marine uses and therefore shall future viability as key features of Portland’s accept and be tolerant of them. Other specified waterfront. The Waterfront Central Zone uses in the zone shall accommodate the needs recognizes the following hierarchy of uses: of higher priority uses as established in this 1. The first priority of this zone is to protect section, provided such higher priority uses are and support existing and potential not detrimental to public health and safety, and water-dependent uses in a setting that are conducted in accordance with best ensures their continued economic viability. practices customary in the trade. 2. The second priority is to encourage other C. Commercial Street is recognized as an marine and marine-related support uses important economic center for the city and provided they do not interfere with region. Marine-compatible uses are encouraged water-dependent uses, either directly by to locate and grow along Commercial Street, displacement or indirectly by placing while higher priority water-dependent and incompatible demands on the zone’s marine uses are protected on the waterfront. infrastructure. 3. Non-marine uses are encouraged provided 10.3.2 Commercial Street Subdistrict that they do not interfere with and are not A. Purpose. The Commercial Street Subdistrict incompatible with first and second priority (CSSD) is a portion of the Waterfront Central uses. Non-marine uses are beneficial to the Zone where new and existing development may waterfront economy because they provide 10-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 242 WATERFRONT ZONES be occupied with 100% non-marine uses, as A. Marine listed within Subsection 10.3.3(B). 1. Marine products wholesaling, distribution B. Geographic limits. The geographic limits of and retailing. the CSSD are defined by parcels of land and 2. Marine repair services and machine shops. piers within the Waterfront Central Zone 3. Tugboat, fireboat, pilot boat and similar located on the landward side of a line services. established 125 feet south of the southerly 4. Harbor and marine supplies and services, sideline of Commercial Street and modified as chandleries, and ship supply such as fueling follows: and bunkering of vessels. 1. The seaward limit of the CSSD extends to a 5. Marine industrial welding and fabricating. line 300 feet south of the southerly 6. Shipbuilding and facilities for construction, sideline of Commercial Street in the area maintenance, and repair of vessels. between the easterly and westerly sideline 7. Commercial marine transport and of Long Wharf. Additionally, all areas excursion services, including ferries, subject to this provision are set back captained charter services, sport fishing, landward at least 25 feet from the average and water taxis. high tide line of Portland Harbor and 8. Cargo handling facilities, including docking, associated coastal wetlands. loading, and related storage. 2. Where the 125 foot offset intersects with 9. Boat repair yards. the footprint of a building existing as of 10. Boat storage facilities, excluding rack May 2019 and such intersection leaves 75% storage facilities (Boat rack storage or more of the building within the CSSD, facilities are included as a conditional use ). the entire building shall be considered 11. Seafood processing and retailing. included in the CSSD. All offset distances 12. Seafood packing and packaging. are measured horizontally. 13. Seafood loading and seafood distribution. C. Demonstration of location. All applicants for 14. Fabrication, storage, and repair of fishing development within the CSSD are responsible equipment. for demonstrating their location within the 15. Ice-making services. CSSD according to the findings of a site specific 16. Facilities for marine construction and land survey conducted by a professional land salvage. surveyor licensed by the State of Maine. The 17. Facilities for marine pollution control, oil limits of the CSSD shall be shown on all site spill cleanup, and servicing of marine plans and subdivision plats for proposed sanitation devices. development within the CSSD. 18. Fabrication of marine-related goods. 19. Fishing and commercial vessel berthing. 10.3.3 Permitted uses 20. Non-commercial berthing of a maximum The following uses are permitted within the of 50 linear feet per pier. A non- Waterfront Central Zone. commercial berth may not displace a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-11 Page 243 WATERFRONT ZONES commercial berth. Parking for any non- other similar retail and service support commercial berthing is subject to the uses shall only be permitted as accessory provisions of Subsection 10.3.9(G). uses if they are part of and located within 21. Marine office, including but not limited to the lot lines of the following principal uses: offices of owners of wharves or their a. Marine products wholesaling, agents, and naval architects, and seafood distribution and retailing. brokers. b. Commercial marine transport and 22. Public landings. excursion services, including ferries, 23. Marine research, education, and laboratory captained charter services, sport facilities. fishing, and water taxis. 24. Bait sales and processing. c. Seafood processing and retailing. 25. Harbor security and emergency response d. Public landings. services including but not limited to 2. Individual accessory uses shall not exceed Harbor Master, Marine Patrol and Coast 1,000 square feet in area, and all accessory Guard. uses shall not exceed 2,000 square feet in 26. Commercial parking for water-dependent area, or 25% of the total area of the use business owners and employees. principal use, whichever is less. Such B. Non-marine commercial and industrial uses. accessory uses shall provide goods or 1. Professional, business, government, and services that are supportive of the general offices, except for offices for principal use and its clientele. health care practitioners or health clinics E. Uses permitted only within the Commercial which are only permitted in the CSSD. Street Subdistrict 2. Cabinet and carpentry shops, studios for 1. Retail and service establishments, including artists and crafts people. craft and specialty shops. 3. Intermodal transportation facilities. 2. Restaurants, provided that full meal service 4. Cold storage facilities. shall be the primary function of the 5. Commercial kitchens. restaurant, and full meal service shall be 6. Outside accessory activities. continued up until the hours of closing. C. Public 3. Banking services without drive-up facilities. 1. Landscaped pedestrian parks, plazas, and 4. Museums and art galleries. other similar outdoor pedestrian spaces, 5. Street vendors licensed pursuant to including without limitation pedestrian Chapter 19. and/or bicycle trails. 6. Offices of health care practitioners or D. Other health care clinics. 1. Accessory uses customarily incidental and 7. Personal service establishments. subordinate to the location, function, and operation of permitted uses, such as food service establishments, newsstands, and 10-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 244 WATERFRONT ZONES 10.3.4 Conditional uses and telecommunication switching stations, are The uses identified in below shall be allowed as permitted under the following conditions: conditional uses in the Waterfront Central Zone, 1. The facility is located more than 100 feet subject to the standards below, as well as applicable from the water’s edge. standards within Article 6 of this Code. 2. The facility occupies no more than 50 Notwithstanding any other provision of this Code, square feet of structure above ground. the Planning Board shall be substituted for the 3. The facility provides no dedicated on-site Board of Appeals as the review authority. parking and all subsurface elements of the A. Commercial marine conditional uses facility are installed and operated such that 1. Fish by-products processing, provided that: land occupied by the facility is otherwise a. Any fish by-products processing usable and made available for marine uses, facility has a valid rendering facility including but not limited to parking, travel license under Chapter 12 of the City of ways, and/or storage. Portland Code of Ordinances. 4. The facility shall be sized, sited and b. Any existing fish by-products facility screened to minimize visual impact and shall employ current and appropriate prominence from public ways. odor control technology (and any new C. Wind energy systems fish by-product use shall employ current, available odor control 10.3.5 Prohibited uses technology) to eliminate or minimize Uses which are not enumerated in either detectable odors from such a process, Subsections 10.3.3 or 10.3.4 as permitted or and in no case shall odors exceed the conditional uses are prohibited. Uses enumerated in odor limitation performance Subsection 10.3.3(E) shall be considered prohibited standards of Section 6.8.7. uses outside of the Commercial Street Subdistrict. c. The processing of other material Those uses that are prohibited shall include, without wastes or by-products shall not be limitation: deemed a lawful accessory use under A. Residential uses. any other provision of this article. B. Hotels, motels, hostels, bed and breakfasts, 2. Boat rack storage facilities, provided that: inns, lodging houses, tourist homes, short-term a. No parking for the use is provided on- rentals, or boatels. site. C. Auditoriums, civic centers, convention centers, b. Boat rack structures shall not exceed or other meeting facilities not accessory to an 10,000 square feet of building otherwise permitted use. footprint. D. Drinking establishments, private clubs, or non- B. Utility substations. Public utility substations, profit social and recreational clubs. including but not limited to electrical E. Ground mounted telecommunication towers, transformers, sewage, and stormwater pumps, antennas, and/or disks. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-13 Page 245 WATERFRONT ZONES F. Drive-up services for any use other than a D. Maximum lot coverage: 100% permitted marine use, not including boat rack E. Maximum building height: 50 feet. Except as storage facilities. provided below, a structure in the Waterfront G. Auto service stations. Central Zone shall provide no more than three H. Laundry and dry-cleaning services. habitable floors. Rooftop appurtenances and/or I. Convenience stores with gas pumps. enclosed or open mechanical installations shall J. Commercial parking for non-marine uses. be allowed over the third floor. F. Minimum ground floor clearance: Any new 10.3.6 Dimensional requirements building proposed to be larger than 300 square In addition to the generally applicable provisions of feet and located more than 35 feet from the Article 7 of this Land Use Code, lots in the southerly sideline of Commercial Street shall Waterfront Central Zone shall be subject to the provide no less than 15 feet of first floor to following requirements: ceiling vertical clearance to promote marine A. Minimum lot size: None industrial use potential. New buildings less than B. Minimum frontage along Commercial 300 square feet or additions to existing Street: 75 feet, with a minimum lot width of 50 multistory buildings are exempt from this feet, measured parallel with Commercial Street, provision but shall provide the maximum for the full depth of the lot located within the ground floor clearance practicable. CSOZ. G. Non-marine use building exception for C. Minimum yard dimensions: habitable floors and minimum ground floor 1. Front setback: None clearance: For newly constructed non-marine 2. Side setback: None use buildings within the Commercial Street 3. Rear setback: None Subdistrict, four habitable floors are allowed, 4. Setback from pier edge: Notwithstanding and ground floor clearance minimums shall not the above requirements, a minimum first- apply. floor setback of 10 feet from the edge of any pier, wharf, or bulkhead shall be 10.3.7 Development standards required for any structure, exclusive of A. Standards for non-marine uses located structurally necessary posts supporting outside of the Commercial Street upper floors, and deck-mounted Subdistrict. Non-marine uses located outside equipment for loading and unloading of the CSSD shall be subject to the following: vessels. The edge of any pier, wharf, or 1. 55% marine use required on ground floors. bulkhead shall include any attached At least 55% of the leasable ground floor apron(s). Floats, rafts, and/or barges not area of all buildings on a lot shall be structurally integral to the pier, wharf, or occupied by marine uses. bulkhead may not be used to satisfy this 2. 55% marine use required for all open areas. requirement. Parking for non-marine uses After subtracting areas used for common shall not occupy the 10-foot setback. circulation drives, at least 55% of the 10-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 246 WATERFRONT ZONES remaining area of the lot not occupied by a 180-day period, the owner may fill the building shall be occupied by marine uses, space with a non-marine user not including boat rack storage facilities. provided that the new non-marine 3. Ground floor vacancies and change of occupant will not cause the lot to occupancy offered to water- exceed the non-marine use occupancy dependent/marine uses. Ground floor maximum of 45% of the ground floor vacant space and areas proposed for a area or open area. change of occupant outside of the CSSD b. Uses inventoried: To demonstrate shall not be filled with any non-marine use adherence to the 55% marine use without adequate opportunity for marine requirement, the applicant shall uses to occupy the space. submit to the Planning Authority, a. On any lot or portion of a lot outside upon request, an inventory which lists of the CSSD, each time a ground floor each occupant (tenant or otherwise), occupant departs or gives notice to as well as a map which depicts the depart from the lot, the space, along location of each occupant. The map with any associated parking spaces to shall show all ground level space, be vacated, shall be made available to including buildings, parking, open new marine occupants. Prior to areas and submerged lands associated renting to a non-marine user the with the subject lot. For each property owner shall advertise for a occupant, the property owner shall new marine occupant for not less than indicate the square footage of area a 180-day period in targeted media occupied and whether the occupant is and by other means reasonably a marine use as defined herein. For calculated to reach marine users (e.g. vacant space, the last previous local marine trade publications, occupant shall be listed, along with the marine trade websites, waterfront date of departure. bulletins.) Should one or more marine c. Prior to changes of occupancy and/or users apply, the property owner shall as part of applications for new make the space available to a marine development outside of the CSSD, the occupant, in accordance with terms property owner or applicant shall and rates generally consistent with provide proof of compliance with the comparable space in the 55% marine requirements of this section as a use portion of the zone (outside of condition of approval. the CSSD.) The property owner may 4. Pier or bulkhead edge reserved for marine stop advertising sooner than the end uses. Notwithstanding any provision of this of the 180-day period if a lease is ordinance to the contrary, excepting only signed with a marine user. Should no the portion of any pier which might be marine user apply by the end of the used for non-commercial berthing, all FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-15 Page 247 WATERFRONT ZONES berthing and/or dockage space and development subject to this provision on associated floats plus the entire linear edge lots with fewer than 75 feet of frontage of that portion of every pier or bulkhead along the Commercial Street right-of-way, which is adjacent to greater than zero feet changes of use within existing buildings, of water depth at mean low water, to a and/or building additions of less than 5,000 minimum setback line of at least 10 feet square feet of new development to from the edge of the pier, bulkhead, or existing buildings are exempt from the engineered shoreline may only be used or maximum setback provisions established occupied by one or more marine uses. Said herein. edge shall be the seaward extent of any 3. Investment in marine infrastructure. All engineered shoreline or working deck of applicants for site plan review or a change any pier or wharf. of use permit for non-marine development B. Commercial Street Subdistrict standards. in the CSSD are required to invest in Non-marine uses in the CSSD shall be subject marine infrastructure as a condition of to the the following standards: development, provided that the total 1. Vessel access. Non-marine uses allowed project costs exceed $250,000. The value under this provision shall not disrupt or of the investment shall be not less than 5% block access to vessel berthing and shall of total project costs over $250,000 for otherwise adhere to the performance constructing non-marine space and standards of this zone described in associated site improvements in the CSSD. Subsection 10.3.9. Required investment may occur by one or 2. Maximum setback for new development on both of the following methods: lots with 75 or more feet of Commercial a. Direct investment in marine Street frontage. Any new non-marine infrastructure located on the same lot: development constructed subject to this Investment shall be for the benefit of provision which is located on a lot with 75 marine uses within the same lot as the or more feet of frontage along the proposed non-marine development. Commercial Street right-of-way shall be Investment may include dredging, pile located with its front façade no further replacement, new or replaced than 35 from the southerly sideline of the structural decking (but not pavement Commercial Street right-of-way. resurfacing), new or replaced Furthermore, any such development shall fendering systems, new or replaced orient its front façade and its primary floats, pier expansions, permanent pedestrian entrance toward Commercial conversions of recreational berthing Street and no vehicular circulation or to commercial berthing, bulkhead or parking may occupy the land or pier area seawall repair or improvements, or between the front façade of the building any combination of similar and Commercial Street. Non-marine improvements. Plans for the marine 10-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 248 WATERFRONT ZONES infrastructure investment shall be Institute, Inc.), inherently and recurrently submitted to the Planning Authority generated within the Waterfront Central Zone with the application for site plan shall not exceed 75 decibels on the A scale at review or change of use permit and the boundaries of any lot, except for sound shall include details and a from construction activities, sound from traffic commitment as to how the marine on public streets, sound from temporary infrastructure will be utilized by activities such as festivals, and sound created as marine users. The marine a result of, or relating to, an emergency, infrastructure improvements shall be including sound from emergency warning signal completed prior to the issuance of a devices. In measuring sound levels under this certificate of occupancy for the non- subsection, sounds with a continuous duration marine development project. of less than 60 seconds shall be measured by b. Financial contribution: If direct the maximum reading on a sound level meter investment in marine infrastructure is set to the A weighted scale and the fast meter not made, the developer shall make a response (L maxfast). Sounds with a financial contribution to the City’s continuous duration of 60 seconds or more Waterfront Loan and Investment shall be measured on the basis of the energy Fund. average sound level over a period of 60 seconds (LEQ1). 10.3.8 No contract or conditional rezoning C. Entertainment businesses. Businesses with permitted entertainment licenses shall be subject to the No contract or conditional rezoning applications standards of Subsection 6.8.14. may be approved in the Waterfront Central Zone. D. Vibration. Vibration inherently and recurrently generated shall be imperceptible without 10.3.9 Performance standards instruments at lot boundaries. This shall not A. Outdoor storage of materials. Outdoor apply to vibration resulting from activities storage of commodities and materials aboard a vessel or from railroad vehicle accessory to normal conduct of business, activities, or from activities on a pile supported except pilings and/or cranes, shall be permitted pier. to a maximum height of 45 feet, and such E. Discharges into harbor areas. No discharge materials shall be entirely contained, including into harbor water areas shall be permitted, runoff contaminants and residual material, unless permitted by the Maine Department of within a designated area within the lot Environmental Protection under a waste boundaries. discharge license and as approved by the B. Noise. The level of sound, measured by a Department of Public Works in accordance sound level meter with frequency weighting with Chapter 24, Article III of the City of network (manufactured according to standards Portland Code of Ordinances. All private prescribed by the American National Standards sewage disposal or private wastewater FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-17 Page 249 WATERFRONT ZONES treatment facilities shall comply with the K. Storage of pollutants and oily wastes. provisions of Chapter 24, Article II of the City of On-premises storage of pollutants and oily Portland Code of Ordinances and federal and wastes shall not be permitted for more than 45 state environmental statutes and regulations days. regarding wastewater discharges. L. Urban design. Construction of new structures F. Storage of vehicles. Storage of any located within 35 feet of the southerly edge of unregistered automotive vehicle on the Commercial Street between Maine Wharf and premises for more than 60 days shall not be the easterly property line of the City fish pier permitted. shall conform to the guidelines set forth in the G. Landfill of docking and berthing areas. City of Portland Design Manual, unless such Landfill of docking and berthing areas shall be structures are also located within 100 feet of governed by 38 M.R.S. § 480-A through 480- the water. Such structures that are also located HH, and permitted only if the landfill does not within 100 feet of the water shall conform to reduce the amount of linear berthing areas or the extent practicable to the City of Portland space, or berthing capacity. If approved, Design Manual. construction shall be undertaken using M. Pier and wharf expansions. In addition to methods approved by the Department of meeting Harbor Commission and Coast Guard Public Works and shall be accomplished in a requirements for navigation, any expansion or manner so as to ensure that a stable and extension of a pier and or wharf in the impermeable wall of acceptable materials will Waterfront Central Zone shall demonstrate its completely contain the fill material and will not compatibility with fixed route ferry service and permit any fill material to leach into docking emergency vessel operations. areas or navigable waters. N. Public view protection H. Off-street parking and loading. Off-street 1. Any new development in the Waterfront parking and loading shall be exempt from the Central Zone shall perform a public view standards of Article 18. impact analysis for review and approval by I. Shoreland and Floodplain Management the Planning Board or Planning Authority regulations. Any lot or a portion of a lot as a condition of site plan approval. The located in a Shoreland Overlay Zone as analysis shall: identified on the City zoning map or in a flood a. Demonstrate the project’s adherence hazard area shall be subject to the to the View Corridor Protection Plan requirements of Articles 11 and 12. within the City of Portland Design J. Lighting. All lighting on the site shall be Manual to the extent practicable. shielded such that direct light sources shall not b. Promote the public’s visual access to unreasonably interfere with vessels transiting the water through sensitive building the harbor nor have an unreasonable adverse placement. impact on adjacent residential zones. 10-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 250 WATERFRONT ZONES 2. The Planning Board or Planning Authority and vessel berthing nor interfere with shall find at a minimum that the proposed marine operations. development: 2. The plan shall, at a minimum, illustrate the a. Retains street corridor views as following information: extended across Commercial Street a. Location of all existing and proposed from the Portland peninsula. structures, rights-of-way, common b. Retains panoramic views of the water circulation drives, access-ways, from Commercial Street to the extent sidewalks, pier edges, floats, and practicable. docks, showing the entire lot in the c. Where loss of existing public views to context of its respective pier. the water is shown to be necessary for b. Existing and proposed off-street the reasonable development of the parking, labeled with associated uses. site, the developer provides c. Facilities for the loading and unloading alternative public views to the water of goods and materials. through newly established view d. Regularly occurring exterior activities corridors or publicly accessible including but not limited to the pedestrian ways. Such pedestrian ways storage of material, equipment and shall not interfere with existing or vehicles, yard area, outdoor seating, potential water-dependent uses, nor and on-site waste management. shall they endanger the public through e. Signage showing parking use, uncontrolled proximity to industrial wayfinding, and posted operational activity. restrictions. O. Operations and access management plan f. Plan narrative detailing how the 1. Any new development, including changes standards listed below are achieved, of use or expansion of uses in the tenant/landlord communication Waterfront Central Zone, shall submit a protocols, private enforcement scaled plan and accompanying narrative actions to be employed to ensure plan that demonstrates waterfront access and compliance, and the responsible functional accommodation for water- parties representing the property dependent uses. The plan shall owner. demonstrate consistency with the 3. The operations and access management hierarchy of waterfront uses, as further plan shall be reviewed by the Planning detailed in Subsection 10.3.1, with non- Authority. marine and marine-related uses being 4. In addition to the information above, the subordinate in placement and disposition plan shall demonstrate compliance with to water-dependent uses, and designed so the following standards: as not to impede access to the pier edge a. Off-street parking is subject to the limitations described in Subsection FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-19 Page 251 WATERFRONT ZONES 10.3.7 (A)(“55% Rule”). Off-street to the extent possible, minimize parking spaces intended for use by impacts to pedestrian and vehicle water-dependent uses shall be sited as circulation patterns. close as reasonably possible to f. Provisions for the storage and associated vessels and/or ground-floor movement of goods and materials lease area. shall be designed into all pier edge b. Proposals for new non-marine development. Circulation routes shall parking, accessory to an otherwise be maintained or otherwise provided permitted use in the WCZ, shall as an element of all development. The submit a parking analysis for all uses siting, design, and circulation of non- on the subject lot, justifying the marine uses, particularly those allowed number of non-marine spaces based on first floors, shall accommodate upon the proposed use and reasonable access for pedestrians, demonstrating sufficient parking vehicles, and freight transfer to and supply for marine uses. If sufficient from berthed vessels. parking is not available to marine uses, g. Non-marine uses shall provide a off-street parking for non-marine uses dedicated pedestrian route between shall not be permitted. the proposed use and Commercial c. Off-street parking, loading facilities, Street, and shall seek to minimize and access ways designated for water- conflict with vehicle traffic. dependent uses shall be exclusive to such uses, except that, if not being 10.4 WATERFRONT PORT DEVELOPMENT occupied by water-dependent tenants, ZONE (WPDZ) such parking may be made available to 10.4.1 Purpose non-marine uses between the hours Transport of goods by water to and from Portland of 5:00 p.m. and 2:00 a.m. Any such is an important component of both the local and shared parking arrangements shall be regional economies. As such, the Port of Portland is documented in the operations and integral to the City’s economic, cultural and fiscal access management narrative health. The Waterfront Port Development Zone described above, and clearly signed (WPDZ) aims to support the ongoing success of the on-site. Port by regulating the development of land directly d. All properties providing commercial connected to the dredged deep-water channel of berthing shall demonstrate reasonable the Fore River and Portland Harbor. Activities within opportunities to load and unload the WPDZ are primarily limited to those requiring vessels from the subject lot. deep water access and contributing to port e. Facilities for the loading and unloading operations. Non-marine activities may be permitted of goods shall account for the if they do not adversely affect marine uses. frequency of use and vehicle type and, 10-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 252 WATERFRONT ZONES 10.4.2 No adverse impact on marine uses for the Board of Appeals as the review authority. In No use shall be permitted in the WPDZ if it will have addition to the provisions of Section 6.5, such uses an adverse impact on future marine development. A shall: proposed development is deemed to have an A. Not impede or preclude existing or potential adverse impact if it will result in any one or more of water-dependent development on other lots. the following: B. Allow for adequate access to the water. A. The proposed use will displace an existing C. Be compatible with water-dependent and water-dependent use. marine uses. B. The proposed use will reduce existing D. Operationally support one or more water- commercial vessel berthing space. dependent use(s), or be located in a building or C. The proposed use and any associated structure that is physically adaptable or structure(s) or site elements including but not relocatable to make way for future limited to access, circulation, parking, development of water-dependent uses. dumpsters, exterior storage, or loading E. Meet any additional performance and facilities, will unreasonably interfere with the dimensional standards set forth below. activities and operation of existing water-dependent uses or significantly impede 10.4.5 Prohibited uses access to vessel berthing or other access to the Uses which are not enumerated in Table 10-A as water by water-dependent uses. permitted or conditional uses are prohibited. Those D. The siting of a proposed use will substantially uses that are prohibited shall include, without reduce or inhibit existing public access to limitation: marine or tidal waters. A. Residential uses. B. Hotels or motels, or boatels. 10.4.3 Permitted uses C. Auditoriums, civic centers, convention centers, Subject to a determination that the proposed use or other meeting facilities. meets the standards of Subsection 10.4.2, the uses D. Restaurants and bars. in Table 10-A are permitted ( ) or conditional ( ) Marinas, including marina associated boat ⏺ ◐ E. in the Waterfront Port Development Zone. storage facilities. F. Truck terminals. 10.4.4 Conditional use standards Conditional uses shall be permitted in the Waterfront Port Development Zone provided that notwithstanding Section 6.5 or any other provision of this code, the Planning Board shall be substituted FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-21 Page 253 WATERFRONT ZONES TABLE 10-A: WPDZ PERMITTED AND CONDITIONAL USES Marine repair services and machine shops ⏺ Tugboat, fireboat, pilot boat, and similar services ⏺ Harbor and marine supplies and services and ship supply, such as fueling and bunkering of vessels ⏺ 1 Shipbuilding and facilities for construction, maintenance, and repair of vessels ⏺/◐ 1 Marine cargo handling facilities, including docking, loading and related storage ⏺/◐ 1 Boat repair yards ⏺/◐ 1 Facilities for marine construction and salvage ⏺/◐ Facilities for marine pollution control, oil spill cleanup, and servicing of marine sanitation devices ⏺ Marine retail and wholesale sales, including yacht brokerage ◐ 1 Boat storage facilities ⏺/◐ Seafood processing ◐ Seafood packing and packaging ◐ Fabrication, storage, and repair of fishing equipment ◐ Ice-making services ◐ Fabrication of marine-related goods ◐ Fish by-products processing, provided that any fish by-product processing facility has a valid rendering facility license under Chapter 12 and the processing of other material wastes or by-products shall not be deemed a lawful ◐ accessory use under any other provision of this article. Marine Commercial berthing ⏺ Intermodal transportation facilities principally for vessels with regularly scheduled destination service or for 1 railroad transportation service ⏺/◐ Marine cargo container and chassis maintenance and repair ⏺ 1 Facilities for combined marine and general construction ◐ 1 Cold storage facility, warehousing, and storage of goods which are awaiting shipment via cargo carriers ◐ Low impact industrial uses, including but not limited to bakeries, breweries, bottling, printing and publishing, pharmaceuticals, machine shops, manufacture of products, assembly of electrical components, tool and die shops, ◐ Industrial and the packaging of food, provided that such uses shall be subject to the performance standards of the I-M zone Public uses including pedestrian and bicycle trails ⏺ Utility substations, including sewage collection and pumping stations, water pumping stations, transfer stations, telephone electronic equipment enclosures and other similar structures, provided that such structures are located ◐ Public more than 100 feet from the water. Off-street parking lots, excluding parking structures ◐ Accessory uses customarily incidental and subordinate to the location, function, and operation of permitted uses2 ⏺ Minor solar energy systems ⏺ Other Minor wind energy systems ◐ 1 Uses that may be located in buildings that exceed the maximum permitted height. Uses marked / will be considered permitted uses when ⏺ ◐ occupying buildings with a maximum height equal to or less than the maximum applicable height allowable under the permitted use dimensional standards, and conditional uses when above that height. 2 Food service establishments, including food trucks and other similar retail and service support uses shall only be permitted as accessory uses if each individual use does not exceed 1,000 SF in floor area, and the total of all such uses does not exceed 2,000 SF in floor area; and further provided that such accessory uses provide goods or services that are supportive of the principal use and its clientele. 10-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 254 WATERFRONT ZONES TABLE 10-B: WPDZ DIMENSIONAL REQUIREMENTS Permitted Use Dimensional Standards Conditional Use Dimensional Standards Setbacks (min.) N/A N/A 5 acres, limited to 1 building greater than the Lot size (min.) N/A maximum applicable height allowed under the permitted use dimensional standards. Setback from pier line, wharf, or bulkhead (including any attached 5 ft. 5 ft. aprons)(min.)1 50% east of a line projected due south from the centerline intersections of W. Commercial Street and the easterly most Cassidy Point Drive. Lot coverage (max.) 100% west of a line projected due south from the centerline intersections of W. Commercial Street and the easterly most Cassidy Point Drive. 55 ft. east of a line projected due south 60 ft. west of the Casco Bay Bridge7, from the centerline intersections of West except as follows: Commercial Street and the easterly most Cassidy Point Drive and west of Casco Bay 75 ft. in the area east of a line projected due Bridge. south from the centerline intersections of W. Commercial Street and the easterly most Building height Cassidy Point Drive and west of Casco Bay (inclusive of roof forms and 60 ft. west of a line projected due south Bridge, on lots 5 contiguous acres or larger. 4 2 rooftop appurtenances)(max.) from the centerline intersections of West Commercial Street and the easterly most 130 ft. for bulk storage3 facilities west of the Cassidy Point Drive. projection of the westerly most Cassidy Point Drive segment. In no case may any heights exceed 50ft within 100ft of W. Commercial Street and all area of the WPDZ east of the Casco Bay Bridge. 5 450 ft. 450 ft. 300 ft. within 100ft of W. Commercial Street and all area of the WPDZ east of the Casco Bay Bridge. Building length (max.)6 300 ft. for buildings or portions of buildings 300 ft. within 100 ft. of W. Commercial exceeding the maximum applicable height Street and all areas of the WPDZ east of allowed under the permitted use dimensional the Casco Bay Bridge. standards. 1 The setback area may be used for activities related to the principal uses in the structure, but shall not be used for off-street parking. 2 Buildings and/or structures shall be limited to an absolute height measured from average grade with no portion of the structural roof system or roof top appurtenances exceeding the limits set forth under Table 10-B with the exception of moveable elements or connection devices as listed under Subsection 10.4.7 3 Bulk storage dedicated to materials delivered or awaiting transportation to a site by waterborne transportation. 4 A projection of the street centerline shall consist of an extension of the centerline to the water side boundary of the WPDZ. 5 Height limitations east of the Casco Bay Bridge are intended to protect vistas of the harbor from public open space. 6 As measured by a line parallel with the southern edge of the West Commercial Street right-of-way. 7 Only those conditional uses so designated in Note 1 of the Waterfront Port Development Zone Use Table 10-A may be located in buildings taller than 60 ft. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-23 Page 255 WATERFRONT ZONES 10.4.6 Dimensional requirements Port Development Zone shall comply with the In addition to the generally applicable provisions of following standards: Article 7 of this Land Use Code, lots in the A. Outdoor storage of materials. Outdoor Waterfront Port Development Zone shall be subject storage of commodities and materials to the requirements of Table 10-B. accessory to normal conduct of business, except pilings and/or cranes, shall be permitted 10.4.7 Additional bulk, height, and location to a maximum height of 45 feet, and such standards. materials shall be entirely contained, including Moveable elements or connection devices may runoff contaminants and residual material, exceed the maximum height limits set forth in Table within a designated area within the lot 10-B, subject to the following: boundaries. A. Moveable elements such as cranes and gantries, B. Noise. and connection devices such as conveyors or 1. The level of sound, measured by a sound bridges shall not be subject to the space and level meter with frequency weighting bulk requirements, but shall be subject to a network (manufactured according to determination by the Federal Aviation standards prescribed by the American Administration that the location of such National Standards Institute, Inc.), equipment will not create a hazard to inherently and recurrently generated navigation. within the Waterfront Port Development B. The applicant shall provide a determination Zone between the hours of 7:00 p.m. and from the Federal Aviation Administration that 7:00 a.m. from industrial facilities or structures and equipment will not exceed the operation commenced on or after July 1, applicable height guidelines for the runway 1988, shall not exceed 55 decibels on the A approach and will not create a hazard to scale at or within the boundaries of any navigable airspace. Such a determination shall residential zone, except for sound from be accepted as conclusive evidence that the construction activities, sound from traffic proposed development will not create a hazard. on public streets, sound from temporary C. For each lot, at least one view corridor of at activities such as festivals, and sound least 90 feet in width shall be left unbuilt to created as a result of, or relating to, an preserve a clear line of sight between West emergency, including sound from Commercial Street and the water. emergency warning signal devices. 10.4.8 Performance standards 2. In measuring sound levels under this Proposals in the Waterfront Port Development subsection, sounds with a continuous Zone that qualify for site plan review shall submit, in duration of less than 60 seconds shall be addition to site plan submission requirements (if measured by the maximum reading on a applicable), an impact mitigation narrative sound level meter set to the A weighted summarizing how the project meets the applicable scale and the fast meter response (L performance standards. All uses in the Waterfront maxfast). Sounds with a continuous 10-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 256 WATERFRONT ZONES duration of 60 seconds or more shall be Environmental Protection under a waste measured on the basis of the energy discharge license and as approved by the average sound level over a period of 60 Department of Public Works in accordance seconds (LEQ1). with Chapter 24, Article III of the City of 3. In addition to the sound level standards Portland Code of Ordinances. All private otherwise established, facilities or sewage disposal or private wastewater operations established or built in the treatment facilities shall comply with the Waterfront Port Development Zone on or provisions of Chapter 24, Article II of the City of after July 1, 1988, shall employ best Portland Code of Ordinances and federal and practicable sound abatement techniques state environmental statutes and regulations to prevent tonal sounds and impulse regarding wastewater discharges. sounds or, if such tonal and impulse F. Storage of vehicles. Storage of any sounds cannot be prevented, to minimize unregistered automotive vehicle on the the impact of such sounds in residential premises for more than 60 days shall not be zones. Tonal sound is defined as a sound permitted. wave usually perceived as a hum or which G. Landfill of docking and berthing areas. because its instantaneous sound pressure Landfill of docking and berthing areas shall be varies essentially as a simple sinusoidal governed by 38 M.R.S. § 471 through 478, and function of time. Impulse sounds are permitted only if the landfill does not reduce defined as sound events characterized by the amount of linear berthing areas or space, or brief excursions of sound pressure, each berthing capacity. If approved, construction with a duration of less than one second. shall be undertaken using methods approved C. Vibration. Vibration inherently and recurrently by the Department of Public Works and shall be generated shall be imperceptible without accomplished in accordance with the instruments at lot boundaries. This shall not provisions of this Land Use Code and in a apply to vibration resulting from activities manner so as to ensure that a stable and aboard a vessel or from railroad vehicle impermeable wall of acceptable materials will activities, or from activities on a pile supported completely contain the fill material and will not pier. permit any fill material to leach into docking D. Federal and state environmental areas or navigable waters. regulations. All uses shall comply with federal H. Off-street parking. Off-street parking and and state environmental statutes and loadingshall be exempt from the standards of regulations regarding emissions into the air, Article 18. except where provisions of this Land Use Code I. Shoreland and Floodplain Management are more stringent. regulations. Any lot or portion of a lot located E. Discharges into harbor areas. No discharge in a Shoreland Overlay Zone as identified on into harbor water areas shall be permitted, the City zoning map or in a flood hazard area unless permitted by the Maine Department of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 10-25 Page 257 WATERFRONT ZONES shall be subject to the requirements of Articles 11 and 12. J. Lighting. All lighting on the site shall be shielded such that direct light sources shall not unreasonably interfere with vessels transiting the harbor nor have an unreasonable adverse impact on adjacent residential zones. K. Signs. Signs shall be permitted as set forth in Article 19. L. Storage of pollutants and oily wastes. On-premises storage of pollutants and oily wastes shall not be permitted for more than 45 days. M. Compatibility of non-marine uses with marine uses. Non-marine uses, structures and activities, including but not limited to access, circulation, parking, dumpsters, exterior storage and loading facilities or other structures shall neither unreasonably interfere with the existence or operation of marine uses nor significantly impede access to vessel berthing or other access to the water by existing or potential marine uses. 10-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 258 SHORELAND OVERLAY ZONE 11 SHORELAND OVERLAY ZONE the purposes of this article any river or stream, or within a wetland. 11.1 PURPOSE C. For the purposes of this article, wetlands shall The purpose of this article is to further the include coastal and freshwater wetlands as maintenance of safe and healthful conditions; defined in Article 3. prevent and control water pollution; protect fish D. The Shoreland Overlay Zone shall include a spawning grounds, aquatic life, bird and other Resource Protection subdistrict, which shall wildlife habitat; protect buildings and lands from consist of areas in which development would flooding and accelerated erosion; protect adversely affect water quality, productive archaeological and historic resources; protect habitat, biological ecosystems, or scenic and commercial fishing and maritime industries; protect natural values. This subdistrict shall include the freshwater and coastal wetlands; control building following areas when they occur within the sites, placement of structures, and land uses; limits of the Shoreland Overlay Zone, except conserve shore cover and visual as well as actual that areas which are currently developed shall points of access to inland and coastal waters and not be included: natural beauty, as appropriate in an urbanized 1. Floodplains along rivers defined by the environment; and to anticipate and respond to the 100-year floodplain as designated on the impact of development in shoreland areas. Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or 11.2 APPLICABILITY Flood Hazard Boundary Maps, or the flood A. This article applies to all land areas, uses, of record, or in the absence of these, by structures, and land use activities in all zones of soil types identified as recent floodplain the city within: soils. This zone shall also include 100-year 1. 250 feet, horizontal distance, of the normal floodplains adjacent to tidal waters as high-water line of any river, shown on FEMA's Flood Insurance Rate 2. 250 feet, horizontal distance, of the upland Maps or Flood Hazard Boundary Maps. edge of a coastal wetland, including all 2. Areas of two or more contiguous acres areas affected by tidal actions, with sustained slopes of 20% or greater. 3. 250 feet, horizontal distance, of the upland 3. Areas of two or more contiguous acres edge of a freshwater wetland, supporting wetland vegetation and hydric 4. 75 feet, horizontal distance, of the normal soils, which are not part of a freshwater or high-water line of a stream, coastal wetland as defined, and which are and any other areas as added to Shoreland not surficially connected to a water body Zoning Overlay by order of the City Council. during the period of normal high water. B. This article also applies to any structure built 4. Land areas along rivers subject to severe on, over or abutting a dock, wharf, or pier, or bank erosion, undercutting, or river bed other structure extending beyond the normal movement, and lands adjacent to tidal high-water line of a water body, meaning for waters which are subject to severe erosion FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-1 Page 259 SHORELAND OVERLAY ZONE or mass movement, such as steep coastal require the installation of a subsurface sewage bluffs. disposal system. 11.3 REVIEW PROCEDURE 11.3.3 Rules of measurement 11.3.1 Review authority For the purposes of this article: Development activities within the Shoreland Overlay A. Footprint shall be measured as the entire area Zone shall be reviewed by the Building Authority of ground covered by the structure(s) on a lot, and/or the reviewing authority designated under including but not limited to cantilevered or Article 13 of this Land Use Code for compliance with similar overhanging extensions, as well as the requirements and standards of this article. unenclosed structures, such as patios and decks. 11.3.2 Review procedure B. Height shall be measured as vertical distance A. Every applicant for a site plan or building between the mean original (prior to permit within the Shoreland Overlay shall construction) grade at the downhill side of the submit a written application, including a scaled structure and the highest point of the plan, on a form provided by the review structure, excluding chimneys, steeples, authority. Plans shall be prepared by qualified antennas, and similar appurtenances that have professionals, based upon a boundary survey. no floor area, except that with respect to B. All applications shall be signed by an owner or existing principal or accessory structures, individual who can show evidence of right, title including legally existing nonconforming or interest in the property or by an agent, structures, located within an area of special representative, tenant, or contractor of the flood hazard that have been or are proposed to owner with authorization from the owner to be relocated, reconstructed, replaced or apply for a permit hereunder, certifying that elevated to be consistent with the minimum the information in the application is complete elevation required in Article 12, height shall be and correct. measured as the vertical distance between the C. All applications shall include preconstruction bottom of the sill of the structure to the photographs and, no later than 20 days after highest point of the structure, excluding completion of the development, chimneys, steeples, antennas and similar postconstruction photographs of the shoreline appurtenances that have no floor area. vegetation and development site. C. Lot area shall be measured as the area of land D. If the property is not served by a public sewer, enclosed within the boundary lines of a lot, a valid plumbing permit or a completed minus land below the normal high-water line of application for a plumbing permit, including the a water body or upland edge of a wetland and site evaluation approved by the Building areas beneath roads serving more than two Authority, shall be submitted whenever the lots. nature of the proposed structure or use would D. Setback shall be the nearest horizontal distance from the normal high-water line of a water 11-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 260 SHORELAND OVERLAY ZONE body or tributary stream, or upland edge of a necessity, nor to other water-dependent wetland, to the nearest part of a structure, uses. road, parking space or other regulated object 4. Notwithstanding the requirements of this or area. section, stairways or similar structures may be allowed with a permit from the Building 11.4 LAND USE STANDARDS Authority to provide shoreline access in 11.4.1 Principal and accessory structures areas of steep slopes or unstable soils, A. Setbacks provided that: 1. All principal and accessory structures shall a. The structure is limited to a maximum be setback at least 75 feet horizontal of four feet in width. distance from the normal high-water line b. The structure does not extend below of a river, stream, or tributary stream, or or over the normal high-water line of a the upland edge of a wetland within the water body or upland edge of a Shoreland Overlay Zone, except that in the wetland, unless permitted by the following zones the setback shall be as Department of Environmental indicated below: Protection pursuant to 38 M.R.S. § 480 a. B-3, B-5, I-L on-peninsula, and I-M on- C. peninsula: 25 feet. c. The applicant demonstrates that no b. I-B, WCZ, WPDZ, EWPZ: No setback reasonable access alternative exists on required. However, pier edge setbacks the property. shall apply in the EWPZ, the WCZ, and B. Finished floor elevation. The lowest floor the WPDZ. elevation or openings of all buildings and 2. For principal structures, setback structures including basements shall be measurements shall be taken from the top elevated at least one foot above the elevation of a coastal bluff that has been identified of the 100-year flood, the flood of record, or in on coastal bluff maps as being “highly the absence of these, the flood as defined by unstable” or “unstable” by the Maine soil types identified as recent floodplain soils. Geological Survey. C. Non-vegetated lot area. 3. In all cases, accessory detached structures 1. With the exception of the EWPZ, WCZ, of less than 100 square feet of floor area WPDZ, B-3, B-5, B-6, I-B, I-L (on-peninsula), shall be permitted with no setback, and I-M zones (on-peninsula), non- provided that such structures shall be used vegetated surfaces shall not exceed a total only for the storage of fish, bait, and of 20% of the portion of the lot located related equipment. No setback shall be within the Shoreland Overlay Zone. This required for piers, docks, retaining walls, or limitation does not apply to public boat any other structures which require direct launching facilities regardless of the zone access to the water as an operational in which the facility is located. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-3 Page 261 SHORELAND OVERLAY ZONE 2. For the purposes of this article, non- consistent with surrounding character and vegetated surfaces shall include, but are uses. not limited to structures, driveways, G. New permanent structures, and expansions parking areas, and other areas from which thereof, projecting into or over water bodies vegetation has been removed. Naturally shall require a permit from the Department of occurring ledge and rock outcroppings are Environmental Protection pursuant to the not counted as non-vegetated surfaces for National Resources Protection Act, 38 M.R.S. § lots existing on March 24, 1990 and in 480-C. Permits may also be required from the continuous existence since that date. Army Corps of Engineers and Board of Harbor Commissioners if located in navigable waters. 11.4.2 Piers, docks, wharves, bridges, other H. New permanent piers and docks on non-tidal structures and uses extending over or below waters shall not be permitted unless it is clearly the normal high-water line of a water body demonstrated to the review authority that a or within a wetland, and shoreline temporary pier or dock is not feasible, and a stabilization permit has been obtained from the Department A. For the purposes of this subsection, temporary of Environmental Protection, pursuant to the shall mean structures which remain in or over Natural Resources Protection Act. the water for less than seven months in any I. No new structure shall be built on, over or period of 12 consecutive months and abutting a pier, wharf, dock or other structure permanent shall mean structures which remain extending beyond the normal high-water line of in or over the water for 7 months or more in a water body or within a wetland unless the any period of 12 consecutive months. structure requires direct access to the water as B. No more than one pier, dock, wharf or similar an operational necessity. Where such a structure extending or located below the structure is permitted under this subsection, normal high-water line of a water body is such structures shall not exceed 20 feet in allowed on a single lot, with the exception that height above the pier, wharf, dock, or other this provision shall not apply in the WCZ, structure. This subsection shall not apply in the EWPZ, and WPDZ. WCZ, EWPZ, WPDZ, and I-B zones. C. Access from shore shall be developed on soils J. A structure constructed on a float or floats is appropriate for such use and constructed so as prohibited unless it is designed to function as, to control erosion. and is registered with the Maine Department of D. The location shall not interfere with existing Inland Fisheries and Wildlife as, a watercraft. developed or natural beach areas. K. No existing structures built on, over or abutting E. The facility shall be located so as to minimize a pier, dock, wharf, or other structure adverse effects on fisheries. extending beyond the normal high-water line of F. The facility shall be no larger in dimension than a water body or within a wetland shall be necessary to carry on the activity and shall be converted to residential dwelling units in any zone. 11-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 262 SHORELAND OVERLAY ZONE TABLE 11-A: SHORELAND TREE STAND RATING SYSTEM limited to that which is necessary for uses Diameter expressly authorized in the underlying (at 4½ ft. above ground level) Points zone. 2 in. - <4 in. 1 3. Other than cutting or removal of 4 in. - <8 in. 2 vegetation as provided for in this 8 in. - <12 in. 4 subsection, timber harvesting shall not be 12 in. or greater 8 permitted. For purposes of this subsection, timber harvesting is defined as the cutting and removal of timber for the L. Vegetation may be removed in excess of the primary purpose of selling or processing standards in Subsection 11.4.3(A) of this article forest products. The cutting or removal of in order to conduct shoreline stabilization of an trees in the Shoreland Overlay Zone on a eroding shoreline, provided that approval is lot that has less than two acres within the obtained from the review authority. Shoreland Overlay Zone shall not be Construction equipment must access the considered timber harvesting. Cutting or shoreline by barge when feasible as determined removal of such trees shall be regulated by the review authority. When necessary, the pursuant to this subsection. removal of trees and other vegetation to allow 4. For purposes of this subsection, vegetation for construction equipment access to the is defined as all live trees, shrubs, and other stabilization site via land must be limited to no plants including without limitation, trees more than 12 feet in width. When the both over and under four inches in stabilization project is complete the diameter, measured at four and one half construction equipment accessway must be feet above ground level. restored to its pre-development state. 5. In all areas other than the Resource Revegetation must occur in accordance with Protection subdistrict, a buffer strip of Subsection 11.4.3(C). vegetation shall be preserved, except where clearance is required for 11.4.3 Vegetation and clearing development of permitted uses, within a A. Clearing or removal of vegetation strip of land extending 75 feet, horizontal 1. The clearing or removal of vegetation distance, from the normal high-water line standards of this subsection shall not apply of a river, stream, or tributary stream, or to those portions of public recreational the upland edge of a coastal wetland or facilities adjacent to public swimming freshwater wetland within the Shoreland areas. Cleared areas in these locations shall Overlay Zone, in accordance with the be limited to the minimum amount following: necessary. a. There shall be no cleared opening 2. In the Resource Protection subdistrict, the greater than 250 square feet in the cutting or removal of vegetation shall be forest canopy or other existing FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-5 Page 263 SHORELAND OVERLAY ZONE vegetation if a forested canopy is not iv. Any plot containing the required present as measured from the outer points may have vegetation limits of the tree or shrub crown. removed down to the minimum Notwithstanding this limitation, a points required or as otherwise single footpath not to exceed six feet allowed by this ordinance. in width as measured between tree v. Where conditions permit, no trunks and/or shrub stems is allowed more than 50% of the points on for accessing the shoreline provided any 25-foot by 50-foot that a cleared line of sight to the rectangular area may consist of water through the buffer strip is not trees greater than 12 inches in created. diameter. b. Selective cutting of trees within the 6. For the purposes of this subsection, “other buffer strip is allowed provided that a natural vegetation” is defined as retaining well distributed stand of trees and existing vegetation under three feet in other vegetation is maintained. For height and other ground cover and the purposes of this subsection, a retaining at least five saplings less than two “well-distributed stand of trees” inches in diameter at four and one half feet adjacent to a water body, tributary above ground level for each 25-foot by 50- stream or wetland shall be defined as foot rectangular area. If five saplings do maintaining a minimum rating score of not exist, no woody stems less than two 16 or more in any 25-foot by 50-foot inches in diameter can be removed until rectangle area as determined by the five saplings have been recruited into the rating system in Table 11-A. The plot. Notwithstanding the above following shall govern in applying the provisions, no more than 40% of the total point system in Table 11-A: volume of trees four inches or more in i. The 25-foot by 50-foot diameter, measured at four and one half rectangular plots must be feet above ground level may be removed in established where the landowner any ten-year period. or lessee proposes clearing within 7. In order to protect water quality and the required buffer; wildlife habitat, existing vegetation under ii. Each successive plot must be three feet in height and other adjacent to, but not overlap a groundcover, including leaf litter and the previous plot. forest duff layer, shall not be cut, covered, iii. Any plot not containing the or removed, except to provide a footpath required points must have no or other permitted uses as described in vegetation removed except as this subsection. otherwise allowed by this 8. Pruning of tree branches on the bottom ordinance. one third of the tree is allowed. 11-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 264 SHORELAND OVERLAY ZONE 9. In order to maintain a buffer strip of within the Shoreland Overlay Zone, vegetation when the removal of storm including the buffer area. damaged or hazard trees results in the 12. Legally existing nonconforming cleared creation of cleared openings exceeding openings may be maintained but shall not 250 square feet, these openings shall be be enlarged, except as allowed by this replanted with native tree species in article. accordance with Subsection 11.4.3(D) 13. Fields and other cleared openings which unless existing new tree growth is present. have reverted to primarily shrubs, trees, or 10. In order to maintain the vegetation in the other woody vegetation shall be regulated shoreline buffer, clearing or removal of under the provisions of this subsection. vegetation for allowed activities, including B. Exemptions to clearing and vegetation associated construction and related removal requirements. equipment operation, within or outside the 1. The clearing and removal of vegetation shoreline buffer, must comply with the standards of Subsection 11.4.3(A) shall not requirements of Subsection 11.4.3(A)5. apply in the following zones: EWPZ, WCZ, 11. Selective cutting of not more than 40% of WPDZ, B-3, B-5, B-6, I-L (on peninsula), and the volume of trees four inches or more in I-M (on peninsula), except that the diameter, measured at four and one half following standards do apply: feet above ground level, shall be allowed a. Within a strip extending 75 inland within any ten-year period at distances from the normal high water line, there greater than 75 feet, horizontal distance, shall be no cleared opening or from the normal high-water line of any openings, except for approved river, stream, or tributary stream, or the construction, and a well-distributed upland edge of a wetland. Tree removal in stand of vegetation shall be retained. conjunction with the development of b. Selective cutting of no more than 40% permitted uses shall be included in the of the trees four and one half inches 40% calculation. For the purposes of these or more in diameter, measured at four standards, volume may be considered to and one half feet above ground level, be equivalent to basal area. In no event is allowed in any 10-year period, as shall cleared openings for any purpose, long as a well-distributed stand of including but not limited to, principal and trees and other natural vegetation accessory structures, driveways, lawns, and results. sewage disposal areas, exceed in the 2. The following activities are exempt from aggregate 25% percent of the lot area the clearing and vegetation removal within the Shoreland Overlay Zone or standards set forth in Subsection 11.4.3(A), 10,000 square feet, whichever is greater, provided that all other applicable including land previously cleared. This requirements of this article are met, and provision applies to the portion of a lot FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-7 Page 265 SHORELAND OVERLAY ZONE the removal of vegetation is limited to that Response Action Program pursuant 38 which is necessary: M.R.S. section 343-E, and that is located a. The removal of vegetation that occurs along a coastal wetland or a river. at least once every two years for the f. The removal of non-native invasive maintenance of legally existing areas vegetation species, provided the that do not comply with the following minimum requirements are vegetation standards in this chapter, met: such as but not limited to cleared i. If removal of vegetation occurs openings in the canopy or fields. Such via wheeled or tracked motorized areas shall not be enlarged, except as equipment, the wheeled or allowed by this section. If any of these tracked motorized equipment is areas, due to lack of removal of operated and stored at least 25 vegetation every two years, reverts feet, horizontal distance, from the back to primarily woody vegetation, shoreline, except that wheeled or the requirements of Subsection tracked equipment may be 11.4.3(A) apply: operated or stored on existing b. The removal of vegetation from the structural surfaces, such as location of allowed structures or pavement or gravel; allowed uses, when the shoreline ii. Removal of vegetation within 25 setback requirements of section 11.4.1 feet, horizontal distance, from the are not applicable; shoreline occurs via hand tools; c. The removal of vegetation from the and location of public swimming areas iii. If applicable clearing and associated with an allowed public vegetation removal standards are recreational facility; exceeded due to the removal of d. The removal of vegetation associated non-native invasive species with allowed agricultural uses, provided vegetation, the area shall be best management practices are utilized, revegetated with native species to and provided all requirements of achieve compliance. Subsection 11.4.14 are complied with; g. The removal of vegetation associated e. The removal of vegetation associated with emergency response activities with brownfields or Voluntary conducted by the Maine Department Response Action Program (VRAP) of Environmental Protection, the U.S. projects provided that the removal of Environmental Protection Agency, the vegetation is necessary for remediation U.S. Coast Guard, and their agents. activities to clean-up contamination on C. Revegetation requirements. When a site that is part of a state or federal revegetation is required in response to brownfields program or a Voluntary violations of the vegetation standards set forth 11-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 266 SHORELAND OVERLAY ZONE in Subsection 11.4.3(A), to address the removal 4. Revegetation activities must meet the of non- native invasive species of vegetation, or following requirements for trees and as a mechanism to allow for development that saplings: may otherwise not be permissible due to the a. All trees and saplings removed must vegetation standards, including removal of be replaced with native noninvasive vegetation in conjunction with a shoreline species; stabilization project, the revegetation must b. Replacement vegetation must at a comply with the following requirements. minimum consist of saplings; 1. The property owner must submit a c. If more than three trees or saplings revegetation plan, prepared with and are planted, then at least three signed by a qualified professional, that different species shall be used; describes revegetation activities and d. No one species shall make up 50% or maintenance. The plan must include a more of the number of trees and scaled site plan, depicting where saplings planted; vegetation was, or is to be removed, where e. If revegetation is required for a existing vegetation is to remain, and where shoreline stabilization project, and it is vegetation is to be planted, including a list not possible to plant trees and of all vegetation to be planted. saplings in the same area where trees 2. Revegetation must occur along the same or saplings were removed, then trees segment of shoreline and in the same area or sapling must be planted in a where vegetation was removed and at a location that effectively reestablishes density comparable to the pre-existing the screening between the shoreline vegetation, except where a shoreline and structures; and stabilization activity does not allow f. A survival rate of at least 80% of revegetation to occur in the same area and planted trees or saplings is required at a density comparable to the pre-existing for a minimum five year period. vegetation, in which case revegetation 5. Revegetation activities must meet the must occur along the same segment of following requirements for woody shoreline and as close as possible to the vegetation and other vegetation under area where vegetation was removed: three feet in height: 3. If part of a permitted activity, revegetation a. All woody vegetation and vegetation shall occur before the expiration of the under three feet in height must be permit. If the activity or revegetation is not replaced with native noninvasive completed before the expiration of the species of woody vegetation and permit, a new revegetation plan shall be vegetation under three feet in height submitted with any renewal or new permit as applicable; application. b. Woody vegetation and vegetation under three feet in height shall be FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-9 Page 267 SHORELAND OVERLAY ZONE planted in quantities and variety this chapter for a minimum of five sufficient to prevent erosion and years. provide for effective infiltration of D. Hazard trees, storm-damaged trees, and stormwater; dead tree removal c. If more than three woody vegetation 1. Hazard trees in the Shoreland Overlay plants are to be planted, then at least Zone may be removed without a permit three different species shall be after consultation with the Building planted; Authority and City Arborist if the following d. No one species shall make up 50% or requirements are met: more of the number of planted woody a. Within the shoreline buffer required vegetation plants; and under Subsection 11.4.3(A)5, if the e. Survival of planted woody vegetation removal of a hazard tree results in a and vegetation under three feet in cleared opening in the tree canopy height must be sufficient to remain in greater than 250 square feet, compliance with the standards replacement with native tree species contained within this chapter for a is required, unless there is new tree minimum of five years growth already present. New tree 6. Revegetation activities must meet the growth must be as near as practicable following requirements for ground to where the hazard tree was removed vegetation and ground cover: and be at least two inches in diameter, a. All ground vegetation and ground measured at four and one half feet cover removed must be replaced with above the ground level. If new growth native herbaceous vegetation, in is not present, then replacement trees quantities and variety sufficient to shall consist of native species and be prevent erosion and provide for at least four feet in height, and be no effective infiltration of stormwater; less than two inches in diameter. b. Where necessary due to a lack of Stumps may not be removed. sufficient ground cover, an area must b. Outside of the shoreline buffer, when be supplemented with a minimum the removal of hazard trees exceeds four inch depth of leaf mulch and/or 40 percent of the volume of trees bark mulch to prevent erosion and four inches or more in diameter, provide for effective infiltration of measured at four and a half feet above stormwater; and ground level in any 10 year period, c. Survival and functionality of ground and/or results in cleared openings vegetation and ground cover must be exceeding 25% of the lot area within sufficient to remain in compliance the Shoreland Overlay Zone, or with the standards contained within 10,000 square feet, whichever is greater, replacement with native tree 11-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 268 SHORELAND OVERLAY ZONE species is required, unless there is new Authority or City Arborist if the following tree growth already present. New tree requirements are met: growth must be as near as practicable a. Within the shoreline buffer, when the to where the hazard tree was removed removal of storm-damaged trees and be at least two inches in diameter, results in a cleared opening in the tree measured at four and one half feet canopy greater than 250 square feet, above the ground level. If new growth replanting is not required, but the area is not present, then replacement trees shall be required to naturally shall consist of native species and be revegetate, and the following at least two inches in diameter, requirements must be met: measured at four and one half feet i. The area from which a storm- above the ground level. damaged tree is removed does c. The removal of standing dead trees, not result in new lawn areas, or resulting from natural causes, is other permanently cleared areas; permissible without the need for ii. Stumps from the storm-damaged replanting or a permit, as long as the trees may not be removed; removal does not result in the iii. Limbs damaged from a storm creation of new lawn areas, or other event may be pruned even if they permanently cleared areas, and extend beyond the bottom one- stumps are not removed. For the third of the tree; and purposes of this provision dead trees iv. If after one growing season, no are those trees that contain no foliage natural regeneration or regrowth during the growing season. is present, replanting of native d. The Building Authority or City Arborist tree seedlings or saplings is may require the property owner to required at a density of one submit an evaluation from a licensed seedling per every 80 square feet forester or arborist before any hazard of lost canopy. tree can be removed within the b. Outside of the shoreline buffer, if the Shoreland Overlay Zone. removal of storm damaged trees e. The Building Authority or City Arborist exceeds 40% of the volume of trees may require more than a one–for-one four inches or more in diameter, replacement for hazard trees removed measured at four and one half feet that exceed eight inches in diameter above the ground level in any 10 year measured at four and one half feet period, or results, in the aggregate, in above the ground level. cleared openings exceeding 25% of 2. Storm-damaged trees in the Shoreland the lot area within the Shoreland Overlay Zone may be removed without a Overlay Zone or 10,000 square feet, permit after consultation with the Building whichever is greater, and no natural FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-11 Page 269 SHORELAND OVERLAY ZONE regeneration occurs within one The amount of exposed ground area at every growing season, then native tree phase of construction shall be minimized to seedlings or saplings shall be replanted reduce the potential for erosion. on a one-for-one basis. D. Any exposed ground area shall be temporarily or permanently stabilized within one week from 11.4.4 Erosion and sedimentation control the time it was last actively worked, by use of A. All activities which involve filling, grading, riprap, sod, seed, and mulch, or other effective excavation or other similar activities which measures. In all cases, permanent stabilization result in unstabilized soil conditions and which shall occur within nine months of initial require a permit shall require a written soil exposure. The following standards shall also be erosion and sedimentation control plan in met: accordance with Maine Erosion and Sediment 1. Where mulch is used, it shall be applied at Control Handbook for Construction: Best a rate of at least one bale per 500 square Management Practices, published by the feet and shall be maintained until a catch Cumberland County Soil and Water of vegetation is established. Conservation District and the Maine 2. Anchoring the mulch with netting, peg, and Department of Environmental Protection and twine or other suitable method may be the City of Portland Technical Manual. The plan required to maintain the mulch cover. shall be submitted to the review authority for 3. Additional measures shall be taken where approval and shall include, where applicable, necessary in order to avoid siltation into provisions for: the water. Such measures may include the 1. Mulching and revegetation of disturbed use of staked hay bales, and/or silt fences. soil. E. Natural and man-made drainage ways and 2. Temporary runoff control features such as drainage outlets shall be protected from hay bales, silt fencing, or diversion ditches. erosion from water flowing through them. 3. Permanent stabilization structures such as Drainage ways shall be designed and retaining walls or riprap. constructed in accordance with the City of B. In order to create the least potential for Portland Technical Manual. erosion, development shall be designed to fit F. When an excavation contractor will perform an with the topography and soils of the site. Areas activity that requires or results in more than of steep slopes where high cuts and fills may be one cubic yard of soil disturbance, the person required shall be avoided wherever possible, responsible for management of erosion and and natural contours shall be followed as sedimentation control practices at the site closely as possible. must be certified in erosion control practices C. Erosion and sedimentation control measures by the Maine Department of Environmental shall apply to all aspects of the proposed Protection. This person must be present at the project involving land disturbance and shall be site each day earth-moving activity occurs for a in operation during all stages of the activity. duration that is sufficient to ensure that proper 11-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 270 SHORELAND OVERLAY ZONE erosion and sedimentation control practices ledge, drainage conditions, and other pertinent data are followed. This is required until erosion and which the evaluator deems appropriate. The soils sedimentation control measures have been report shall include recommendations for a installed, which will either stay in place proposed use to counteract soil limitations where permanently or stay in place until the area is they exist. sufficiently covered with vegetation necessary to prevent soil erosion. The name and 11.4.6 Water quality certification number of the person who will No activity shall deposit on or into the ground or oversee the activity causing or resulting in soil discharge to the waters of the state any pollutant disturbance shall be included on the permit that by itself or in combination with other activities application. This requirement does not apply or substances will impair designated uses or the to a person or firm engaged in agriculture or water classification of the water body, tributary timber harvesting if best management practices stream or wetland. for erosion and sedimentation control are used; and municipal, state and federal 11.4.7 Archaeological sites employees engaged in projects associated with Any proposed land use activity involving structural that employment. development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the 11.4.5 Soils National Register of Historic Places, as determined All land uses shall be located on soils in or upon by the Department of Planning and Urban which the proposed uses or structures can be Development, shall be submitted by the applicant to established or maintained without causing adverse the Maine Historic Preservation Commission for environmental impacts, including severe erosion, review and comment at least 20 days prior to action mass soil movement, improper drainage, and water being taken by the review authority. The review pollution, either during or after construction. authority shall consider comments received from Proposed uses requiring subsurface wastewater the commission prior to rendering a decision on the disposal and commercial or industrial development application. Such sites shall also comply with all or other similar intensive land uses shall require a applicable provisions of Article 16 of this chapter. soils report based on an on-site investigation and prepared by state certified professionals. Certified 11.4.8 Installation of public utility service persons may include Maine Certified Soil Scientists, No public utility of any kind shall install services to Maine Registered Professional Engineers, Maine any new structure located in the Shoreland Overlay State Certified Geologists and other persons who Zone unless written authorization attesting to the have training and experience in the recognition and validity and currency of all local permits required evaluation of soil properties. The report shall be under this Code has been issued by the Building based upon the analysis of the characteristics of the Authority. Following installation of service, the soil and surrounding land and water areas, public utility shall provide written documentation to maximum ground water elevation, presence of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-13 Page 271 SHORELAND OVERLAY ZONE the Building Authority that installation has been and/or driveway setback requirement to no completed. less than 50 feet, horizontal distance, upon clear showing by the applicant that 11.4.9 Essential services appropriate techniques will be used to A. Where feasible, the installation of essential prevent sedimentation of the water body, services shall be limited to existing public ways tributary stream or wetland. Such and existing service corridors. techniques may include, but are not limited B. The installation of essential services, other than to, the installation of settling basins, and/or road-side distribution lines and within existing effective use of additional ditch relief service corridors, is not allowed in a Resource culverts and turnouts place so as to avoid Protection subdistrict or within 75 feet of the sedimentation of the water body, tributary normal high-water line of a stream, except to stream, or wetland. provide services to a permitted use within the 3. On slopes greater than 20%, the road underlying zone, or where the applicant and/or driveway setback shall be increased demonstrates that no reasonable alternative by 10 feet, horizontal distance, for each exists. Where allowed, such structures and five percent increase in slope above 20%. facilities shall be located so as to minimize any 4. Subsection 11.4.10(A) does not apply to adverse impacts on surrounding uses and approaches to water crossings or to roads resources, including visual impacts. or driveways that provide access to C. Damaged or destroyed public utility permitted structures and facilities located transmission and distribution lines, towers, and nearer to the shoreline or tributary stream related equipment may be replaced or due to an operational necessity, excluding reconstructed without a permit. temporary docks for recreational uses. Roads and driveways providing access to 11.4.10 Roads and driveways permitted structures within the setback A. Roads and driveways shall be setback a area shall comply fully with the minimum of 75 feet from the normal high- requirements of Subsection 11.4.10 except water line of a river, stream, or tributary for that portion of the road or driveway stream, or upland edge of a coastal or necessary for direct access to the freshwater wetland within a Shoreland Overlay structure. Zone, except: B. Existing public roads may be expanded within 1. In the EWPZ, WCZ, WPDZ, B-3, B-5, I-L (on- the legal road right of way regardless of their peninsula) and I-M (on-peninsula), roads setback from a waterbody, tributary stream, or and driveways shall be setback as wetland. established for structures in those zones as C. New roads and driveways are prohibited in a specified in Subsection 11.4.1(A). Resource Protection subdistrict except that the 2. If no other reasonable alternative exists, review authority may grant approval to the review authority may reduce the road construct a road or driveway to provide access 11-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 272 SHORELAND OVERLAY ZONE TABLE 11-B: DRAINAGE SPACING edge of a wetland. Surface drainage which is Grade (%) Spacing directed to an unscarified buffer strip shall be 0-2 250 ft. diffused or spread out to promote infiltration 3-5 200-135 ft. of the runoff and to minimize channelized flow 6-10 100-80 ft. of the drainage through the buffer strip. 11-15 80-60 ft. G. Ditch relief (cross drainage) culverts, drainage 16-20 60-45 ft. dips, and water turnout shall be installed in a 21+ 40 ft. manner effective in directing drainage onto to permitted uses within the district. A road or unscarified buffer strips before the flow gains driveway may also be approved by the review sufficient volume or head to erode the road, authority in a Resource Protection subdistrict, driveway, or ditch. To accomplish this, the upon a finding that no reasonable alternative following shall apply: route or location is available outside the 1. Ditch relief culverts, drainage dips, and district. When a roadway or driveway is associated water turnouts shall be spaced permitted in a Resource Protection subdistrict, along the road or driveway at intervals no greater than indicated in Table 11-B. the road and/or driveway shall be setback as far 2. Drainage dips may be used in place of ditch as practicable from the normal high-water line relief culverts only where the grade is 10% of a water body, tributary stream, or upland or less. edge of wetland. 3. On sections having slopes greater than ten D. Road and driveways banks shall be no steeper 10%, ditch relief culverts shall be placed at than slope of two horizontal to one vertical and approximately a 30 degree angle shall be graded and stabilized in accordance downslope from a line perpendicular to with the provisions for erosion and the centerline of the road or driveway. sedimentation control contained in Subsection 4. Ditch relief culverts shall be sufficiently 11.4.4. sized and properly installed in order to E. Road and driveway grades shall be no greater allow for effective functioning, and their than 10% except segments of less than 200 inlet and outlet ends shall be stabilized feet. with appropriate materials. F. In order to prevent road and driveway surface 5. Ditches, culverts, bridges, dips, water drainage from directly entering water bodies, turnouts, and other storm water runoff tributary streams, or wetlands, roads and control installations associated with roads driveways shall be designed, constructed, and and driveways shall be maintained on a maintained to empty onto an unscarified buffer regular basis to assure effective strip at least 50 feet plus two times the average functioning. slope in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-15 Page 273 SHORELAND OVERLAY ZONE 11.4.11 Parking areas B. A holding tank is not allowed for a first-time Parking areas shall be set back a minimum of 75 feet residential use in the Shoreland Overlay Zone. from the normal high-water line of a river, stream, or tributary stream, or the upland edge of a coastal 11.4.13 Stormwater runoff wetland or freshwater wetland within the Shoreland All new construction and development shall be Overlay Zone except: designed to be in compliance with the City of A. In the EWPZ, WCZ, WPDZ, B-3, B-5, I-L, and I-M Portland Technical Manual to minimize stormwater zones, parking setbacks shall be as established runoff from the site in excess of the natural for structures in those zones, as specified in predevelopment conditions. Where possible, Subsection 11.4.1(A). existing natural runoff control features, such as B. Where the review authority finds that no other berms, swales, terraces, and wooded areas shall be reasonable alternative exists further from the retained in order to reduce runoff and encourage shoreline or tributary stream, the review infiltration of stormwater. Stormwater runoff authority may reduce the parking setback control systems shall be maintained as necessary to requirement to no less than 50 feet in the OS-R ensure proper functioning. and I-B zones to the least amount necessary for construction, provided that the applicant 11.4.14 Agriculture proves by a preponderance of the evidence A. All spreading or disposal of manure shall be that appropriate techniques will be used to accomplished in conformance with the Manure prevent sedimentation of the water body. Utilization Guidelines published by the Maine C. Parking areas shall be adequately sized for the Department of Agriculture on November 1, proposed use and shall be designed to prevent 2001, and the Nutrient Management Law (7 stormwater runoff from flowing directly into a M.R.S. §§ 4201-4209). water body, tributary stream, or wetland, and B. Manure shall not be stored or stockpiled within where feasible, to retain all runoff on site. 75 feet, horizontal distance, of water bodies, tributary streams, or wetlands. All manure 11.4.12 Septic waste disposal storage areas within the Shoreland Overlay All subsurface sewage disposal systems shall be Zone must be constructed or modified such installed in conformance with the State of Maine that the facility produces no discharge of Subsurface Wastewater Disposal Rules and the effluent or contaminated stormwater. following: C. Agricultural activities involving tillage of soil A. Clearing or removal of woody vegetation greater than 40,000 square feet in surface area necessary to site a new system and any within the Shoreland Overlay Zone shall require associated fill extensions, shall not extend a conservation plan to be filed with the closer than 75 feet, horizontal distance, from Planning Authority. the normal high-water line of a water body or D. There shall be no new tilling of soil within 75 the upland edge of a wetland. feet, horizontal distance, from water bodies and coastal wetlands or within 25 feet, 11-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 274 SHORELAND OVERLAY ZONE horizontal distance, of tributary streams and D. The proposal will not have an adverse impact freshwater wetlands when such new tilling, by on spawning grounds, fish, aquatic life, bird, or itself or combined with all other contiguous other wildlife habitat. tillage, shall exceed 40,000 square feet in E. The proposal will conserve shore cover and surface area. Operations in existence on the visual, as well as actual, points of access to effective date of this section and not in inland and coastal waters. conformance with these provisions may be F. The proposal will protect archaeological and maintained but shall not be expanded. When historic resources. the new tilling, by itself or combined with all G. The proposal will not adversely affect existing other contiguous tillage, shall total 40,000 commercial fishing or maritime activities. square feet or less, the tillage shall be set back a H. The proposal will avoid problems associated minimum of 25 feet from all water bodies, with floodplain development and use. tributary streams, or wetlands. I. The proposal is in conformance with the E. Newly established livestock grazing areas shall standards set forth in this article. not be permitted within 75 feet, horizontal distance, of water bodies and coastal wetlands 11.6 NONCONFORMING STRUCTURES or within 25 feet, horizontal distance, of 11.6.1 Increase in nonconformity tributary streams and wetlands. Livestock For the purposes of this section, increase in grazing associated with ongoing farm activities nonconformity of a structure shall mean any change and which are not in conformance with the in a structure or property which causes further above setback provisions may continue, deviation from the dimensional standard(s) creating provided such grazing is conducted in the nonconformity such as, but not limited to, accordance with a soil and water conservation reduction in water body, tributary stream or plan filed with the Planning Authority. wetland setback distance, increase in lot coverage, or increase in height of a structure. Property 11.5 SUPPLEMENTAL SITE PLAN STANDARDS changes or structure expansions which either meet 11.5.1 Site plan standards the dimensional standard or which cause no further The Planning Board or Planning Authority shall increase in the linear extent of nonconformance of approve a site plan located within a Shoreland the existing structure shall not be considered to Overlay Zone if it finds that the following standards, increase nonconformity. For example, there is no in addition to the standards set forth in Article 13, increase in nonconformity with the setback are met: requirement for water bodies, wetlands, or tributary A. The proposal will maintain safe and healthful streams if the expansion extends no further into the conditions. required setback area than does any portion of the B. The proposal will not result in water pollution, existing nonconforming structure. Hence, a erosion, or sedimentation to surface waters. structure may be expanded laterally provided that C. The proposal will adequately provide for the the expansion extends no closer to the water body, disposal of all wastewater. tributary stream, or wetland than the closest FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-17 Page 275 SHORELAND OVERLAY ZONE portion of the existing structure from that water 2. Notwithstanding subsection (1) above, if a body, tributary stream, or wetland. Included in this legally existing nonconforming principal allowance are expansions which in-fill irregularly structure is entirely located less than 25 shaped structures. feet from the normal high-water line of a water body, tributary stream, or upland 11.6.2 Expansions edge of a wetland, that structure may be A. For the purposes of this section, an expansion expanded as follows, as long as all other of a structure shall mean an increase in the applicable land use standards are met and footprint or height of a structure, including all the expansion is not prohibited by extensions such as, but not limited to: attached Subsection 11.6.2 due to an increase in the decks, garages, porches, and greenhouses. nonconformity. The maximum total B. All new principal and accessory structures, footprint for the principal structure may excluding functionally water-dependent uses, not be expanded to a size greater than 800 must meet the water body, tributary stream, or square feet or 30% larger than the wetland setback requirements contained in footprint that existed on January 1, 1989, Subsection 11.4.1. A nonconforming structure whichever is greater. The maximum height may be added to or expanded after obtaining a of the principal structure may not be made permit from the Building Authority if such greater than 15 feet or the height of the addition or expansion does not increase the existing structure, whichever is greater. nonconformity of the structure and is in 3. All other legally existing nonconforming accordance with 1 and 2 below. principal and accessory structures that do 1. Expansion of any portion of a structure not meet the water body, tributary stream, within 25 feet of the normal high-water line or wetland setback requirements of of a water body, tributary stream, or Subsection 11.4.1 may be expanded or upland edge of a wetland is prohibited, altered as follows, as long as other even if the expansion will not increase applicable land use standards are met and nonconformity with the water body, the expansion is not prohibited by tributary stream or wetland setback Subsection 11.6.2(C)1, above. requirement. Expansion of an accessory a. For nonconforming structures located structure that is located closer to the less than 75 feet from the normal normal high-water line of a water body, high-water line of a water body, tributary stream, or upland edge of a tributary stream, or upland edge of a wetland than the principal structure is wetland, the maximum combined total prohibited, even if the expansion will not footprint for all structures may not be increase nonconformity with the water expanded to a size greater than 1,000 body, tributary stream, or wetland setback square feet or 30% larger than the requirement. footprint that existed on January 1, 1989, whichever is greater. The 11-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 276 SHORELAND OVERLAY ZONE maximum height of any structure may the footprint of any other structures on not be made greater than 20 feet or the parcel, the Shoreland Overlay Zone the height of the existing structure, boundary and evidence of approval by the whichever is greater. Building Authority. b. In addition to the limitations in subsection (a) above, for structures 11.6.3 Foundations that are legally nonconforming due to Whenever a new, enlarged, or replacement their location within the Resource foundation is constructed under a nonconforming Protection subdistrict when located at structure, the structure and new foundation must less than 250 feet from the normal be placed such that the setback requirement is met high-water line of a water body or the to the greatest practical extent as determined by upland edge of a wetland, the the Building Authority, basing its decision on the maximum combined total footprint criteria specified in Subsection 11.6.4. for all structures may not be expanded to a size greater than 1,500 square 11.6.4 Relocation feet or 30% larger than the footprint A nonconforming structure may be relocated within that existed at the time the Resource the boundaries of the parcel on which the structure Protection subdistrict was established is located provided that the site of relocation on the lot, whichever is greater. The conforms to all setback requirements to the maximum height of any structure may greatest practical extent as determined by the not be made greater than25 feet or Building Authority, and provided that if the the height of the existing structure, structure is not connected to a public sewer system, whichever is greater, except that any the applicant demonstrates that the present portion of those structures located subsurface sewage disposal system meets the less than 75 feet from the normal requirements of State law and the State of Maine high-water line of a water body, Subsurface Wastewater Disposal Rules, or that a tributary stream, or upland edge of a new system can be installed in compliance with the wetland must meet the footprint and law and said rules and further provided that the height limits in Subsection 11.6.2(C)2 relocation meets the following standards: and Subsection 11.6.2(C)3.a, above. A. In no case shall a structure be relocated in a 4. An approved plan for expansion of a manner that causes the structure to be more nonconforming structure must be nonconforming. recorded by the applicant with the B. In determining whether the building relocation Cumberland County Registry of Deeds meets the setback to the greatest practical within 90 days of approval. The recorded extent, the Building Authority shall consider the plan must show the existing and proposed size of the lot, the slope of the land, the footprint of the nonconforming structure, potential for soil erosion, the location of other the existing and proposed structure height, structures on the property and on adjacent FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-19 Page 277 SHORELAND OVERLAY ZONE properties, the location of the septic system of the structure shall be replanted with and other on-site soils suitable for septic vegetation which may consist of grasses, systems, and the type and amount of shrubs, trees, or a combination thereof. vegetation to be removed to accomplish the relocation. 11.6.5 Reconstruction or replacement C. When it is necessary to remove vegetation Any nonconforming structure which is located less within the water or wetland setback area in than the required setback from a water body, order to relocate a structure, the Building tributary stream, or wetland and which is removed, Authority shall require replanting of native damaged, or destroyed, regardless of the cause, by vegetation to compensate for the destroyed more than 50% of the market value of the structure vegetation in accordance with Subsection before such damage, destruction, or removal may 11.4.3(C). In addition, the area from which the be reconstructed or replaced provided that a relocated structure was removed must be permit is obtained within two years of the date of replanted with vegetation. Replanting shall be said damage, destruction, or removal, and provided required as follows: that such reconstruction or replacement is in 1. Trees removed in order to relocate a compliance with the water body, tributary stream or structure must be replanted with at least wetland setback requirement to the greatest one native tree, three feet in height, for practical extent as determined by the Building every tree removed. If more than five trees Authority in accordance with the purposes of this are planted, no one species of tree shall ordinance and the following standards: make up more than 50% of the number of A. In no case shall a structure be reconstructed or trees planted. Replaced trees must be replaced so as to increase its nonconformity. If planted no further from the water or the reconstructed or replacement structure is wetland than the trees that were removed. less than the required setback it shall not be Other woody and herbaceous vegetation, any larger than the original structure, except as and ground cover, that are removed or allowed pursuant to Subsection 11.6.1 above, as destroyed in order to relocate a structure determined by the nonconforming footprint of must be re-established. An area at least the the reconstructed or replaced structure at its same size as the area where vegetation new location. and/or ground cover was disturbed, B. If the total footprint of the original structure damaged, or removed must be can be relocated or reconstructed beyond the reestablished within the setback area. The required setback area, no portion of the vegetation and/or ground cover must relocated or reconstructed structure shall be consist of similar native vegetation and/or replaced or constructed at less than the ground cover that was disturbed, setback requirement for a new structure. destroyed or removed. C. When it is necessary to remove vegetation in 2. Where feasible, when a structure is order to replace or reconstruct a structure, relocated on a parcel the original location 11-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 278 SHORELAND OVERLAY ZONE vegetation shall be replanted in accordance B. Are located in an area of special flood hazard. with Subsection 11.6.4(C). D. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Building Authority within one year of such damage, destruction, or removal. E. In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the Building Authority shall consider, in addition to the criteria in Subsections 11.6.4 and 11.6.5(A) through (D) above, the physical condition and type of foundation present, if any. 11.6.6 Elevation of structures in flood hazard areas The height of a structure that is a legally existing nonconforming principal or accessory structure may be raised to, but not above, the minimum elevation necessary to be consistent with the local floodplain management elevation requirement or to three feet above base flood elevation, whichever is greater, as long as the structure is relocated, reconstructed, replaced or elevated within the boundaries of the parcel so that the water body or wetland setback requirement is met to the greatest practical extent. This subsection applies to structures that: A. Have been or are proposed to be relocated, reconstructed, replaced or elevated to be consistent with the local floodplain management elevation requirement; and, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-21 Page 279 FLOODPLAIN MANAGEMENT 12 FLOODPLAIN MANAGEMENT 12.2 APPLICABILITY This article applies to all land areas, uses, structures, 12.1 PURPOSE and land use activities lying in the special flood Certain areas of the City of Portland, Maine are hazard areas, Zones A, AE, AO, AH, and VE, as subject to periodic flooding, causing serious identified by the Federal Emergency Management damage to properties within these areas. Relief is Agency in a report entitled Flood Insurance Study - available in the form of flood insurance as Cumberland County, Maine, with accompanying authorized by the National Flood Insurance Act of “Flood Insurance Rate Map,” dated June 20, 2024. 1968. Therefore, the City of Portland, Maine has This Flood Insurance Study with accompanying chosen to become a participating community in the maps, and any subsequent amendments thereto, National Flood Insurance Program and agrees to including Letters of Map Revision approved by comply with the requirements of the National Flood FEMA, is hereby adopted by reference and declared Insurance Act of 1968 (P.L. 90-448), as amended to be a part of this Land Use Code. from time to time an as delineated in this article. It is the intent of the City of Portland to require the 12.3 STRUCTURE AND DEVELOPMENT TYPES recognition and evaluation of flood hazards in all 12.3.1 Structure types official actions relating to land use in the floodplain A. For the purposes of this article, structure shall areas having special flood hazards. mean a walled and roofed building. A gas or liquid storage tank that is principally above The National Flood Insurance Program, established ground is also a structure. in the aforesaid act, provides that areas of the city B. Accessory structure shall mean a structure having a special flood hazard be identified by the which is on the same parcel of property as a Federal Emergency Management Agency and that principal structure and the use of which is floodplain management measures be applied in such incidental to the use of the principal structure. flood hazard areas. This article establishes a Flood C. The following types of structures shall have the Hazard Development Permit system and review following meanings: procedure for development activities in the 1. Agricultural structure. Structures that are designated flood hazard areas of the city. The used exclusively for agricultural purposes purposes of this article are to reduce future flood or uses in connection with the production, risks and losses, protect against financial and human harvesting, storage, raising, or drying of loss resulting from flood disasters, and to control agricultural commodities and livestock. the placement of structures, construction materials, Structures that house tools or equipment and methods used to minimize potential property used in connection with these purposes or damage due to flooding. The City of Portland has uses are also considered to have the legal authority to adopt land use and control agricultural purposes or uses. measures to reduce future flood losses pursuant to 2. Elevated building. A non-basement building Title 30-A M.R.S. § 2001-3007, 4352, 4401-4407, and that is: Title 38 M.R.S. § 440. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-1 Page 280 FLOODPLAIN MANAGEMENT a. Built, in the case of a building in Zones contributing to the historical A, AE, AO, or AH, so that the top of significance of a registered historic the elevated floor, or in the case of a district or a district preliminarily building in Zones VE or Coastal AE, to determined by the Secretary of the have the bottom of the lowest Interior to qualify as a registered horizontal structural member of the historic district; elevated floor, elevated above the c. Individually listed on a Maine state ground level by means of pilings, inventory of historic places at such columns, posts, or piers; and, time that one is created; or, b. Adequately anchored to not impair d. Designated as a local landmark or the structural integrity of the building identified as a contributing property during a flood of up to two feet above under Article 16. the magnitude of the base flood. 4. Manufactured home. A structure, In the case of Zones A, AE, AO, or AH, transportable in one or more sections, elevated building also includes a building which is built on a permanent chassis and elevated by means of fill or solid is designed for use with or without a foundation perimeter walls with hydraulic permanent foundation when connected to openings sufficient to facilitate the the required utilities. For floodplain unimpeded movement of flood waters, as management purposes the term required in Subsection 12.4.5(N) In the case manufactured home also includes park of Zones VE or Coastal AE, elevated trailers, travel trailers, and other similar building also includes a building otherwise vehicles placed on a site for greater than meeting the definition of elevated building, 180 consecutive days. even though the lower area is enclosed by 5. Manufactured home park or subdivision. A means of breakaway walls, if the breakaway parcel (or contiguous parcels) of land walls meet the standards of subsection divided into two or more manufactured 12.4.5(R)(2)(c)(iii). home lots for rent or sale. Existing 3. Historic structure. Any structure that is: manufactured home park or subdivision a. Listed individually in the National shall mean a manufactured home park or Register of Historic Places (a listing subdivision that was recorded in the deed maintained by the Department of registry prior to July 17, 1986. Interior) or preliminarily determined by the Secretary of the Interior as 12.3.2 Development classifications meeting the requirements for A. Development. Any human-made change to individual listing on the National improved or unimproved real estate. This Register; includes, but is not limited to, buildings or other b. Certified or preliminarily determined structures; mining, dredging, filling, grading, by the Secretary of the Interior as paving, excavation, drilling operations or storage 12-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 281 FLOODPLAIN MANAGEMENT of equipment or materials; and the storage, renovations, or additions, whose value is less deposition, or extraction of materials. than 50% of the market value of the structure. It B. New construction. Structures for which the also includes, but is not limited to: accessory "start of construction" commenced on or after structures as provided in subsection 12.4.5(L), July 17, 1986 and includes any subsequent mining, dredging, filling, grading, paving, improvements to such structures. For purposes excavation, drilling operations, storage of of this article, start of construction shall mean equipment or materials, deposition or extraction the date the building permit was issued, of materials, public or private sewage disposal provided the actual start of construction, repair, systems or water supply facilities that do not reconstruction, rehabilitation, addition, involve structures; and non-structural projects placement, substantial improvement or other such as bridges, dams, towers, fencing, pipelines, improvement was within 180 days of the permit wharves, and piers date. The actual start means either the first D. Substantial damage. Damage of any origin placement of permanent construction of a sustained by a structure whereby the cost of structure on a site, such as the pouring of slab or restoring the structure to its before damage footings, the installation of piles, the condition would equal or exceed 50% of the construction of columns, or any work beyond market value of the structure before the damage the stage of excavation; or the placement of a occurred. manufactured home on a foundation. E. Substantial improvement. Any, Permanent construction does not include land reconstruction, rehabilitation, addition, or preparation, such as clearing, grading and filling; other improvement of a structure, the cost of nor does it include the installation of streets which equals or exceeds 50% of the market and/or walkways; nor does it include excavation value of the structure before start of for basement, footings, piers, or foundations or construction of the improvements. This term the erection of temporary forms; nor does it includes structures which have incurred include the installation on the property of substantial damage, regardless of the actual accessory buildings, such as garages or sheds work performed. The term does not, however, not occupied as dwelling units or not part of the include: main structure. For a substantial improvement, 1. Any project for improvement of a the actual start of construction means the first structure to correct existing violations of alteration of any wall, ceiling, floor, or other state or local health, sanitary, or safety structural part of a building, or modification of code specifications which have been any construction element, whether or not that identified by the local code enforcement alteration affects the external dimensions of the official and which are the minimum building. necessary to assure safe living conditions. C. Minor development. All development that is 2. Any alteration of a historic structure, not new construction or a substantial provided that the alteration will not improvement, such as repairs, maintenance, preclude the structure’s continued FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-3 Page 282 FLOODPLAIN MANAGEMENT designation as a historic structure, and a D. A map with address indicating the location of variance is obtained from the Zoning the development site. Board of Appeals. E. A plan showing the location of existing and proposed development, including but not 12.4 FLOOD HAZARD DEVELOPMENT PERMIT limited to specific dimensions of existing and 12.4.1 Permit required proposed structure(s), wastewater disposal A. The Zoning Administrator shall be designated as facilities, water supply facilities, areas to be cut the local floodplain administrator. The floodplain and filled, and the dimensions of the lot. administrator shall have the authority to F. A statement of the intended use of any implement the commitment made to administer structure and/or development. and enforce the requirements for participation G. A statement of the cost of the development in the National Flood Insurance Program. including all materials and labor. B. Before any construction or other development H. A statement of the type of wastewater disposal as defined Subsection 12.3.2, including the system proposed. placement of manufactured homes, begins I. Specification of dimensions of the proposed within any areas of special flood hazard, a Flood structure and/or development. Hazard Development Permit shall be obtained J. For new construction and substantial from the Building Authority, except as improvements, the elevation in relation to the established in Section 12.5. This permit shall be National Geodetic Vertical Datum (NGVD), required prior to issuance of a building permit, if North American Vertical Datum (NAVD), or to one is required, and shall be in addition to any a locally established datum for Zone A only, of other permit, site plan, and subdivision review the: which may be required pursuant to the codes 1. Base flood at the proposed site of all new and ordinances of the City of Portland. If only a or substantially improved structures, which site plan is required for a development, the is determined: Flood Hazard Development Permit shall be a. In Zones AE, AO, AH, , and VE from obtained prior to approval of the site plan. data contained in the Flood Insurance Study — Cumberland County, Maine. 12.4.2 Filing of application b. In Zone A: The application for a Flood Hazard Development i. From any base flood elevation Permit shall be submitted in writing to the Building data from federal, state, or other Authority and shall include the following: technical sources (such as FEMA’s A. A final site plan, where applicable, showing Quick-2 model, FEMA 265), information as required by Article 13. including information obtained B. A final subdivision plat, where applicable, pursuant to Subsection 12.4.5(M) providing information as required in Article 14. and 12.4.4.(B)4, or C. The name, address, and phone number of the ii. In the absence of all data applicant, owner, and contractor. described in Subsection 12-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 283 FLOODPLAIN MANAGEMENT 12.4.2(J)(1)(b)(i), information to that the floodproofing methods for any demonstrate that the structure nonresidential structures will meet the shall meet the elevation floodproofing criteria of Subsection requirement in Subsections 12.4.5(I); and other applicable standards of 12.4.5(H)(4)(b), 12.4.5(I)(4)(b), or Subsection 12.4.5. 12.4.5(J)(4)(b). 2. A V-Zone Certificate to verify that the 2. Highest and lowest grades at the site construction in coastal high hazard adjacent to the walls of the proposed areas, Zones VE and Coastal AE, will meet building. the criteria of Subsection 12.4.5(R); and 3. Lowest floor, including basement, and other applicable standards in Subsection whether or not such structures contain a 12.4.5. basement. 3. A Hydraulic Openings Certificate to verify 4. Lowest machinery and equipment that engineered hydraulic openings in servicing the building. foundation walls will meet the standards of 5. Level, in the case of nonresidential Subsection 12.4.5(N)(2)(a) structures only, to which the structure will N. A certified statement from a registered be floodproofed. professional engineer or architect that bridges K. For new construction and substantial will meet the standards of Subsection 12.4.5(O) improvements, a description of an elevation O. A certified statement from a registered reference point established on the site of all professional engineer or architect new developments for which elevation that containment walls will meet the standards standards apply as required in Subsection of Subsection 12.4.5(P). 12.4.5. P. A description of the extent to which any L. For new construction and substantial watercourse will be altered or relocated as a improvements, a written certification by: result of the proposed development. 1. A professional land surveyor that the grade Q. A statement of construction plans describing in elevations shown on the application are detail how each applicable development accurate. standard in Subsection 12.4.5 will be met. 2. A professional land surveyor, registered R. Cross section(s) of the site acceptable to the professional engineer or architect that the Public Works Authority. base flood elevation shown on the application is accurate 12.4.3 Fee M. For new construction and substantial A nonrefundable Flood Hazard Development Permit improvements, the following certifications as fee as established by the City Council for all minor required in Subsection 12.4.5 by a registered development and for all new construction and professional engineer or architect: substantial improvements shall be paid to the 1. A floodproofing certificate (FEMA form Building Authority, and a copy of a receipt for the FF-206-FY-22-153, as amended) to verify same shall accompany the application. An FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-5 Page 284 FLOODPLAIN MANAGEMENT additional fee may be charged if the Code 2. All public utilities and facilities, such as Enforcement Officer, Planning Board, and/or Board sewer, gas, electrical and water systems of Appeals needs the assistance of a professional are located and constructed to minimize engineer or other expert. The expert’s fee shall be or eliminate flood damages. paid in full by the applicant within 10 days after the 3. Adequate drainage is provided so as to City submits a bill to the applicant. Failure to pay reduce exposure to flood hazards. the bill shall constitute a violation of the ordinance 4. All proposals include base flood elevations, and be grounds for issuance of a stop work order. flood boundaries and, in a riverine An expert shall not be hired by the City at the floodplain, floodway data. These expense of an applicant until the applicant has determinations shall be based on either consented to such hiring in writing or been engineering practices recognized by the given an opportunity to be heard on the subject. An Federal Emergency Management Agency. applicant who is dissatisfied with a decision to hire 5. Any proposed development plan must expert assistance may appeal that decision to the include a condition of plan approval Board of Appeals. requiring that structures on lots in the development be constructed in 12.4.4 Review procedure accordance with Subsection 12.4.5 of this A. Upon determination by the Building Authority article. Such requirement shall be included that an application is complete, the Building in any deed, lease, purchase and sale Authority shall coordinate review of the agreement, or document transferring or application by the City to assure that proposed expressing an intent to transfer any developments are reasonably safe from interest in real estate or structure, flooding. No permit shall be issued until the including but not limited to a time-share Building Authority finds that the development interest. The condition shall clearly proposal is in compliance with the standards of articulate that the municipality may this article. Compliance with the provisions of enforce any violation of the construction this article shall be required prior to beginning requirement. The construction any development as defined herein. requirement shall also be clearly stated on B. The Building Authority shall, when reviewing any map, plat, or plan as part of the subdivisions under Article 14 and other approval process. proposed developments that require review C. In the review of all Flood Hazard Development under Article 13 or federal law, state law, or Permit applications for compliance with the local ordinances or regulations and all projects standards herein: on five or more acres, or in the case of 1. The Building Authority shall utilize: manufactured home parks divided into two or a. The base flood and floodway data more lots, assure that: contained in the Flood Insurance 1. All such proposals are consistent with the Study – Cumberland County, Maine, as need to minimize flood damage. described in Section 12.2. 12-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 285 FLOODPLAIN MANAGEMENT b. In special flood hazard areas where finally issued until proof of issuance of all base flood elevation and floodway such other permits is received by the data are not provided in the above Building Authority. cited study, the Building Authority 4. The Building Authority shall notify adjacent shall obtain, review, and reasonably municipalities, the Maine Department of utilize any base flood elevation and Environmental Protection and the Maine floodway data available from federal, Floodplain Management Program, prior to state, or other technical sources, any alteration or relocation of a including information obtained watercourse, and submit copies of such pursuant to Subsection notifications to the Federal Emergency 12.4.2(J)(1)(b)(i), 12.4.5(M), and Management Agency. 12.4.4(B)(4), in order to administer 5. The Building Authority shall maintain, as a this article. permanent record, copies of all Flood c. When a base flood elevation is Hazard Development Permit applications, established in a Zone A by methods corresponding permits issued, and data outlined in Section 12.4.2(J)(1)(b)(ii), relevant thereto, including reports of the that data shall be submitted to the Board of Appeals on variances granted Maine Floodplain Management under the provisions of Section 12.7 of this Program. article, and copies of elevation certificates, 2. The Building Authority shall make floodproofing certificates, certificates of interpretations of the location of compliance, and certifications of design boundaries of special flood hazard areas standards required under the provisions of shown on the maps described in Section Sections 12.4 and 12.6. 12.2. 3. Prior to approval of issuance of the Flood 12.4.5 Review standards Hazard Development Permit, the Building All development in areas of special flood hazard Authority shall determine that all necessary shall meet the following standards: permits have been obtained from those A. All development. All development shall: federal, state, and local authorities from 1. Be designed or modified and adequately which prior approval is required by federal anchored to prevent flotation (excluding or state law, including but not limited to piers and docks), collapse, or lateral Section 404 of the Federal Water Pollution movement of the structure resulting from Control Act Amendments of 1972 (33 U.S.C. hydrodynamic and hydrostatic loads, 1344 as may be amended from time to including the effects of buoyancy. time), provided, however, that conditional 2. Use construction materials that are approval may be granted pending proof of resistant to flood damage. receipt of any required permits, but no 3. Use construction methods and practices Flood Hazard Development Permit shall be that will minimize flood damage. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-7 Page 286 FLOODPLAIN MANAGEMENT 4. Use electrical, heating, ventilation, 2. Zone VE shall meet the requirements of plumbing, and air conditioning equipment, Subsection 12.4.5(R)(2)(a). and other service facilities that are G. Physical changes to the natural landscape. designed and/or located so as to prevent Certain development projects, including but water from entering or accumulating not limited to, retaining walls, sea walls, levees, within the components during flooding berms, and rip rap, can cause physical changes conditions. that affect flooding conditions. B. Water supply. All new and replacement water 1. All development projects in Zones AE, supply systems shall be designed to minimize or Coastal AE, and VE that cause physical eliminate infiltration of flood waters into the changes to the natural landscape shall be systems. reviewed by a qualified professional to C. Sanitary sewage systems. All new and determine whether or not the project replacement sanitary sewage systems shall be changes the base flood elevation, zone, designed and located to minimize or eliminate and/or the flood hazard boundary line. For infiltration of flood waters into the system and the purposes of this article, qualified discharges from the system into flood waters. professional shall mean an individual either D. On-site waste disposal systems. On site licensed by the State of Maine or qualified waste disposal systems shall be located and in another manner to perform the constructed to avoid impairment to them or specified work in accordance with all contamination from them during floods. applicable design standards and codes, and E. Altered or relocated watercourses. All whose qualifications indicate that the work development associated with altered or as designed and as performed will not relocated portions of a watercourse shall be increase flood risk to public safety. If the constructed and maintained in such a manner qualified professional is not licensed by the that no reduction occurs in the flood carrying State of Maine, the local permitting capacity of the watercourse. authority shall request that the qualified F. Utilities. New construction or substantial professional identify their qualifications in improvement of any structure (including writing. manufactured homes) located within: a. If the qualified professional 1. Zones A, AE, AO, and AH shall have the determines, through the use of bottom of all electrical, heating, plumbing, standard practices, that the project ventilation and air conditioning equipment, would not necessitate a Letter of Map permanent fixtures and components, Revision (LOMR), a certified HVAC ductwork and duct systems, and any statement shall be provided. other utility service equipment, facilities, b. If the qualified professional machinery, or connections servicing a determines that the project may cause structure, elevated to at least two feet a change, a hydrologic and hydraulic above the base flood elevation. 12-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 287 FLOODPLAIN MANAGEMENT analysis that meets current FEMA a. At least two feet higher than the standards shall be performed. depth specified in feet on the Flood 2. If the hydrologic and hydraulic analysis Insurance Rate Map, or performed indicates a change to the base b. At least three feet if no depth number flood elevation, zone, and/or the flood is specified. hazard boundary line, the applicant may 4. Zone A shall have the lowest floor submit a Conditional Letter of Map (including basement) elevated: Revision (C-LOMR) request to the Federal a. To at least two feet above the base Emergency Management Agency for flood elevation utilizing information assurance that the as-built project will obtained pursuant to Subsections result in a change to the Flood Insurance 12.4.2(J)(1)(b)(i))(), 12.4.4(C), or Rate Map. Once the development is 12.4.4(B)(4), or completed, a request for a Letter of Map b. In the absence of all data Revision (LOMR) shall be initiated; or described above, to at 3. If the hydrologic and hydraulic analysis least two feet above the performed show a change to the base highest adjacent grade to the flood elevation, zone, and/or the flood structure. hazard boundary line, as soon as 5. Zones VE and Coastal AE shall meet the practicable, but no later than six months requirements of Subsection 12.4.5(R). after the completion of the project, the I. Nonresidential. New construction or applicant shall submit the technical data to substantial improvement of any nonresidential FEMA in the form of a Letter of Map structure located within: Revision request. 1. Zones AE, AO, and AH shall have the H. Residential. New construction or substantial lowest floor (including basement) elevated improvement of any residential structure to at least two feet above the base flood located within: elevation, or together with attendant utility 1. Zones AE, AO, and AH shall have the lowest and sanitary facilities shall: floor (including basement) elevated to at a. Be floodproofed to at least two feet least two feet above the base flood above the base flood elevation so that elevation. below that elevation the structure is 2. Zones AO and AH shall have adequate watertight with walls substantially drainage paths around structures on slopes, impermeable to the passage of water; to guide flood water away from the b. Have structural components capable proposed structures. of resisting hydrostatic and 3. Zone AO shall have the lowest floor hydrodynamic loads and the effects of (including basement) elevated above the buoyancy; and highest adjacent grade: c. Be certified by a registered professional engineer or architect that FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-9 Page 288 FLOODPLAIN MANAGEMENT the design and methods of c. Together with attendant utility and construction are in accordance with sanitary facilities, be floodproofed to accepted standards of practice for two feet above the base elevation meeting the provisions of this section. established in Subsection Such certification shall be provided 12.4.5(I)(4)(a) or (b) above and meet with the application for a Flood the floodproofing standards of Hazard Development Permit, as Subsection 12.4.5(I)(1)(a), (b), and (c). required by Subsection 12.4.2(M)(N), 5. Zones VE and Coastal AE shall meet the and (O) and shall include a record of requirements of Subsection 12.4.5(R). the elevation above mean sea level to J. Manufactured homes. New or substantially which the structure is floodproofed. improved manufactured homes located within: 2. Zones AO and AH shall have adequate drainage paths 1. Zones AE, AO, and AH shall: around structures on slopes, to guide flood water a. Be elevated such that the lowest floor away from the proposed structures. is at least two feet above the base 3. Zone AO shall have the lowest floor flood elevation; (including basement) elevated above the b. Be on a permanent foundation, highest adjacent grade: which may be poured masonry slab a. At least two feet higher than the or foundation walls, with hydraulic depth specified in feet on the Flood openings, or may be reinforced piers Insurance Rate Map; or or block supports, any of which b. At least three feet if no depth number support the manufactured home so is specified; or that no weight is supported by c. Together with attendant utility and its wheels and axles; and sanitary facilities be floodproofed to c. Be securely anchored to an meet the elevation requirements of adequately anchored foundation this subsection and floodproofing system to resist flotation, collapse, or standards of Subsection 12.4.5(I). lateral movement. Methods of 4. Zone A shall have the lowest floor anchoring may include, but are not (including basement) elevated: limited to: a. To at least two feet above the base i. Over the top ties anchored to the flood elevation utilizing information ground at the four corners of the obtained pursuant to Subsections manufactured home, plus two 12.4.2(K)(1)(b)(i), 12.4.4(C), additional ties per side at 12.4.4(B)(4); or intermediate points b. In the absence of all data described in (manufactured homes less than Subsection 12.4.5(I)(4)(a), to at least 50 feet long require one two feet above the highest adjacent additional tie per side). grade to the structure, or 12-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 289 FLOODPLAIN MANAGEMENT ii. Frame ties at each corner of the c. Meet the anchoring requirements of home, plus five additional ties Subsection 12.4.5(J)(1)(c). along each side at intermediate 5. Zones VE and Coastal AE shall meet the points (manufactured homes less requirements of Subsection 12.4.5(R). than 50 feet long require four K. Recreational vehicles. Recreational vehicles additional ties per side). located within: iii. All components of the anchoring 1. Zones A, AE, AO, and AH shall either: system shall be capable of a. Be on the site for fewer than 180 carrying a force of 4,800 pounds. consecutive days, and 2. Zones AO and AH shall have adequate b. Be fully licensed and ready for highway drainage paths around structures on use. A recreational vehicle is ready for slopes, to guide flood water away from the highway use if it is on its wheels or proposed structures. jacking system, is attached to the site 3. Zone AO shall have the lowest floor only be quick disconnect type utilities (including basement) elevated above the and security devices, and has no highest adjacent grade: permanently attached additions, or a. At least two feet higher than the c. Be permitted in accordance with the depth specified in feet on the Flood elevation and anchoring requirements Insurance Rate Map, or for manufactured homes in b. At least three feet if no depth number Subsection 12.4.5(J)(1). is specified, and 2. Zones VE and Coastal AE shall meet the c. Meet the anchoring requirements of requirements of either Subsection Subsection 12.4.5(J)(1)(c). 12.4.5(K)(1)(a) and(b), or 12.4.5(R). 4. Zone A shall: L. Accessory structures. New construction or a. Be elevated on a permanent substantial improvement of accessory foundation, as described in Subsection structures, as defined in Subsection 12.3.1, shall 12.4.5(J)(1)(b), such that the lowest be exempt from the elevation criteria required floor (including basement of the Subsections 12.4.5(H) and (I) if all other manufactured home is at least two requirements of Subsection 12.4.5 and all the feet above the base flood elevation following requirements are met. utilizing information obtained 1. Accessory structures located within Zones pursuant to Subsection A, AE, AO, AH shall: 12.4.2(J)(1)(b)(i), 12.4.4(C), or a. Meet the requirements of Subsection 12.4.4(B)(4), or 12.4.5(A)(1) to (4) as applicable. b. In the absence of all data described in b. Be limited in size to a one-story two- Section 12.4.5(J)(4)(a), to at least two car garage. feet above the highest adjacent grade c. Have unfinished interiors and not be to the structure, and used for human habitation. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-11 Page 290 FLOODPLAIN MANAGEMENT d. Have hydraulic openings, as specified construction, substantial improvement, in Subsection 12.4.5(N)(2), in at least and other development shall not be two different walls of the accessory permitted in the floodway as determined structure. in (3) below, unless a technical evaluation e. Be located outside the floodway. certified by a registered professional f. When possible be constructed and engineer is provided demonstrating that placed on the building site so as to the cumulative effect of the proposed offer the minimum resistance to the development, when combined with all flow of flood waters and be placed other existing development and further from the source of flooding anticipated development: than is the primary structure. a. Will not increase the water surface g. Have only ground fault interrupt elevation of the base flood more than electrical outlets. The electric service one foot at any point within the city. disconnect shall be located above the b. Is consistent with the technical criteria base flood elevation and when contained in FEMA’s guidelines and possible outside the special flood standards for flood risk analysis and hazard area. mapping. h. Be located outside the Coastal AE 3. In Zones A and AE riverine areas for which Zone. no regulatory floodway is designated, the 2. Accessory structures in Zones VE and regulatory floodway is determined to be Coastal A shall meet the requirements of the channel of the river or other Subsection 12.4.5(R). watercourse and the adjacent land areas to M. Floodways a distance of 1/2 the width of the floodplain 1. In Zone AE riverine areas, encroachments, as measured from the normal high-water including fill, new construction, substantial mark to the upland limit of the floodplain. improvement, and other development shall Encroachments, including fill, new not be permitted within a regulatory construction, substantial improvement, floodway designated on the Flood and other development shall not be Insurance Rate Map unless a technical permitted unless a technical evaluation evaluation certified by a registered certified by a registered professional professional engineer is provided engineer is provided meeting the demonstrating that such encroachments requirements of (2) above. will not result in any increase in flood levels N. Hydraulic openings/flood vents. New within the city during the occurrence of construction or substantial improvement of the base flood discharge. any structure in Zones A, AE, AO, and AH that 2. In Zones A and AE riverine areas for which meets the development standards of no regulatory floodway is designated, Subsection 12.4.5, including the elevation encroachments, including fill, new requirements of Subsection 12.4.5(H), (I), or (J) 12-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 291 FLOODPLAIN MANAGEMENT and is elevated on posts, columns, piers, piles, of articles and equipment used for or crawl spaces may be enclosed below the maintenance of the building. base flood elevation requirements provided all O. Bridges. New construction or substantial the following criteria are met or exceeded: improvement of any bridge in Zones A, AE, AO, 1. Enclosed areas are not basements as AH, and VE shall be designed such that: defined in Article 3. 1. When possible, the lowest horizontal 2. Enclosed areas shall be designed to member (excluding the pilings, or automatically equalize hydrostatic flood columns) is elevated to at least two feet forces on exterior walls by allowing for the above the base flood elevation. entry and exit of flood water. Designs for 2. A registered professional engineer shall meeting this requirement must either: certify that: a. Be engineered and certified by a a. The structural design and methods of registered professional engineer or construction shall meet the elevation architect, or requirements of this section and the b. Meet or exceed the following floodway standards of Subsection minimum criteria: 12.4.5(M). i. A minimum of two openings b. The foundation and superstructure having a total net area of not less attached thereto is anchored to resist than one square inch for every flotation, collapse, and lateral square foot of the enclosed area; movement due to the effects of wind ii. The bottom of all openings shall and water loads acting simultaneously be below the base flood elevation on all structural components. Water and no higher than two feet loading values used shall be those above the lowest grade. associated with the base flood. iii. Openings may be equipped with P. Containment walls. New construction or screens, louvers, valves, or other substantial improvement of any containment coverings or devices provided wall shall meet the following requirements by that they permit the entry and zone: exit of flood waters automatically 1. Zones A, AE, AO, AH, and VE shall: without any external influence or a. Have the containment wall elevated control such as human to at least two feet above the base intervention, including the use of flood elevation; electrical and other non- b. Have structural components capable automatic mechanical means. of resisting hydrostatic and 3. The enclosed area shall not be used for hydrodynamic loads and the effects of human habitation. buoyancy. 4. The enclosed areas are usable solely for c. Be certified by a registered building access, parking vehicles, or storing professional engineer or architect that FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-13 Page 292 FLOODPLAIN MANAGEMENT the design and methods of reasonably safe from flooding, and shall construction are in accordance with not increase flood risk. accepted standards of practice for R. Coastal floodplains meeting the provisions of this section. 1. All new construction located within Zones Such certification shall be provided AE and VE shall be located landward of the with the application for a Flood reach of mean high tide except as provided Hazard Development Permit, as in Subsection 12.4.5(R)(8). required by Subsection 12.4.2(M), (N), 2. New construction or substantial and (O). improvement of any structure located 2. Zones AO and AH shall have adequate within Zones VE or Coastal AE shall: drainage paths around containment walls a. Have the bottom of all electrical, on slopes, to guide flood water away from heating, plumbing, ventilation and air the proposed walls. conditioning equipment, permanent 3. Zone AO shall have the top of the fixtures and components, HVAC containment wall elevated above the ductwork and duct systems, and any highest adjacent grade: other utility service equipment, a. At least two feet higher than the depth facilities, machinery, or connections specified in feet on the Flood Insurance servicing a structure, elevated to at Rate Map, or least two feet above the base flood b. At least three feet if no depth number is elevation. Systems, fixtures, specified, and equipment, and components shall not c. Shall meet the requirements of be mounted on or penetrate through Subsection 12.4.5(P)(1)(b) and (c). walls intended to break away under Q. Wharves, piers, and docks. New construction flood loads. or substantial improvement of wharves, piers, b. Be elevated on posts or columns such and docks are permitted in and over water and that: seaward of the mean high tide if the following i. The bottom of the lowest requirements are met: horizontal structural member of 1. In Zones A, AE, Coastal AE, AO, and AH, the lowest floor (excluding the permanent wharves, piers, and docks shall pilings or columns) is elevated to comply with all applicable local, state, and two feet above the base flood federal regulations, must be reasonably elevation. safe from flooding, and shall not increase ii. The pile or column foundation flood risk or and the elevated portion of the 2. In Zone VE, permanent wharves, piers, and structure attached thereto is docks shall have a qualified professional anchored to resist flotation, develop or review the structural design collapse, and lateral movement and specifications, must be designed to be due to the effects of wind and 12-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 293 FLOODPLAIN MANAGEMENT water loads acting simultaneously 3. The use of fill for structural support in on all building components. Zones VE and Coastal AE is prohibited. iii. Water loading values used shall 4. Human alteration of sand dunes within be those associated with the base Zones VE and Coastal AE is prohibited flood. Wind loading values used unless it can be demonstrated that such shall be those required by alterations will not increase potential flood applicable state and local building damage. standards. 5. The area below the lowest floor may be c. Have the space below the lowest floor: used solely for parking vehicles, building i. Free of obstructions, or access, and storage. ii. Constructed with open wood 6. Physical changes to the natural landscape lattice work or insect screening in Zone VE are subject to the minimum intended to collapse under wind requirements of Subsection 12.4.5(G). and water without causing 7. Wharves, piers, and docks in Zone VE are collapse, displacement, or other subject to the requirements of Subsection structural damage to the elevated 12.4.5(Q). portion of the building or 8. Lobster sheds and fishing sheds may be supporting piles or columns, or located seaward of mean high tide and iii. Constructed with non-supporting shall be exempt from the elevation breakaway walls which have a requirement in Subsection 12.4.5(I) only if design safe loading resistance of reviewed and approved as a conditional not less than 10 or more than 20 use by the Zoning Board of Appeals, as pounds per square foot. provided in Section 12.5, and if all the d. Require a registered professional following requirements of Subsections engineer or architect to: 12.4.5(A), (M), and (N) are met: i. Develop or review the structural a. The conditional use shall be limited to design, specifications, and plans low value structures such as metal or for the construction, which must wood sheds 200 square feet or less meet or exceed the technical and shall not exceed more than one criteria contained in the Coastal story. Construction Manual (FEMA-55). b. The structure shall be securely ii. Certify that the design and anchored to the wharf or pier to resist methods of construction to be flotation, collapse, and lateral used are in accordance with movement due to the effect of wind accepted standards of practice and water loads acting simultaneously for meeting the criteria of on all building components. Subsections 12.4.5(R)(2)(b), (c), and (d). FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-15 Page 294 FLOODPLAIN MANAGEMENT c. The structure will not adversely form FF-206-FY-22-152) completed by a increase wave or debris impact forces professional land surveyor based on the affecting nearby buildings. Part I permit construction, “as built,” for d. The structure shall have unfinished verifying compliance with the elevation interiors and shall not be used for requirements of Subsections 12.4.5(H), (I), human habitation. (J), or (R). Following review of the e. Any mechanical, utility equipment and elevation certificate data, which shall take fuel storage tanks must be anchored place within 72 hours of receipt of the and either elevated or floodproofed application, or as soon as practicable to two-feet above the base flood thereafter, the Code Enforcement Officer elevation. shall issue Part II of the Flood Hazard f. All electrical outlets shall be ground Development Permit. Part II shall authorize fault interrupt type. The electrical the applicant to complete the construction service disconnect shall be located on project. shore above the base flood elevation 2. Flood Hazard Development Permit for and when possible outside the special floodproofing of nonresidential structures. flood hazard area. If a flood hazard This permit shall apply for nonresidential permit application is granted, the structures that are new construction or applicant shall be notified in writing substantially improved nonresidential that flood insurance is not available structures that are not being elevated but for structures located entirely over that meet the floodproofing standards of water or seaward of mean high tide. Subsection 12.4.5(I)(1). The application for this permit shall include a floodproofing 12.4.6 Permit certificate signed by a registered A. Upon determination that the development or professional engineer or architect. substantial improvement plan is in compliance 3. Flood Hazard Development Permit for with this article, the Building Authority shall minor development. This permit shall issue one of the following Flood Hazard apply for all other development and Development Permits based on the type of building permits that are not new development: construction or a substantial 1. Two-part Flood Hazard Development improvement, such as repairs, Permit for elevated structures. Part I shall maintenance, renovations, or additions, authorize the applicant to build a structure whose value is less than 50% of the market to and including the first horizontal floor value of the structure. This includes, but is only above the base flood level. At that not limited to: accessory structures as time the applicant shall provide the Code provided for in Subsection 12.4.5(L), Enforcement Officer with an “under mining, dredging, filling, grading, paving, construction” elevation certificate (FEMA excavation, drilling operations, storage of 12-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 295 FLOODPLAIN MANAGEMENT equipment or materials, deposition or approve the application or approve extraction of materials, public or private with conditions within 45 days of the date of sewage disposal systems or water supply the public hearing. facilities that do not involve structures, and D. A conditional use approval issued under the nonstructural projects such as bridges, provisions of this article shall expire if the work dams, towers, fencing, pipelines, wharves, or change involved is not commenced within and piers. 180 days of the approval by the Zoning Board B. For development that requires review and of Appeals. approval as a conditional use, as provided for in E. The applicant shall be notified by the Zoning this article, the Flood Hazard Development Board of Appeals in writing over the signature Permit application shall be acted upon by the of the Chair of the Board of Appeals that Zoning Board of Appeals as required under flood insurance is not available for structures Section 12.5. located entirely over water or seaward of mean high tide. 12.5 CONDITIONAL USE REVIEW 12.5.1 Review authority 12.5.3 Expansion of conditional uses The Zoning Board of Appeals shall hear and No existing building or use of premises may be approve, approve with conditions, or disapprove all expanded or enlarged without approval under this applications for conditional uses provided for in this section if that building or use was stablished or article. An applicant informed by the Building constructed under a previous conditional use Authority that a conditional use approval is required approval or if it is a building or use which would shall file an application for the permit with the require a conditional use approval if being newly- Zoning Board of Appeals. established or constructed under this article. 12.5.2 Review procedure 12.6 CERTIFICATE OF COMPLIANCE A. The Flood Hazard Development Permit A. A certificate of compliance shall be signed by application with additional information the Building Authority stating that a structure is attached addressing how each of the in compliance with all of the provisions of this conditional use criteria specified in this article article. will be satisfied may serve as the application for B. No land in an area of special flood hazard shall the conditional use review. be occupied or used in violation of this article, B. Before deciding any application, the Zoning and no structure in such an area which is Board of Appeals shall hold a public hearing on developed or substantially improved shall be the application within thirty days of their occupied until a certificate of compliance is receipt of the application. issued by the Building Authority. Said certificate C. If the Zoning Board of Appeals finds that the of compliance shall be issued only after the application satisfies all relevant requirements of Building Authority has received all permits and this article, the Zoning Board of Appeals must FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-17 Page 296 FLOODPLAIN MANAGEMENT certificates from the applicant as required by B. The Board of Appeals may authorize variances, this article. meaning the granting of relief from the C. For new construction or substantial provisions of this article, as authorized in improvement of any elevated structure, the Subsection 2.3.11 except: applicant shall submit to the Building Authority: 1. As otherwise expressly provided in 1. An elevation certificate (FEMA form FF- Subsection 2.3.11(E). 206-FY-22-152) completed by a 2. Variances shall not be granted within any professional land surveyor for compliance designated regulatory floodway if any with Subsection 12.4.5(H), (I), (J), or (R). increase in flood levels during the base 2. For structures in Zones VE and Coastal AE, flood discharge would result. a written certification by a registered professional engineer or architect shall be 12.7.2 Standards provided to the Building Authority stating Subsection 2.3.11 notwithstanding, variances from that the design and methods of the requirements of this article shall be granted only construction used are in compliance with upon: the applicable provisions of Subsection A. A showing of good and sufficient cause. 12.4.5(R)(2)(b), (c), and (d). B. A determination that should a flood D. The applicant shall submit written notification comparable to the base flood occur, the to the Building Authority that the development granting of a variance will not result in is complete and complies with the provisions of increased flood heights, additional threats to this article. public safety, or public expense, or create E. Within 10 working days, the Building Authority nuisances, cause fraud or victimization of the shall review the elevation certificate (FEMA public, or conflict with existing local laws or form FF-206-FY-22-152) and the applicant’s ordinances. written notification and, upon determination C. A showing that the issuance of the variance will that the development conforms with the not conflict with other state, federal, or local provisions of this article, shall issue a certificate laws or ordinances. of compliance. D. A determination that failure to grant the variance would result in “undue hardship,” 12.7 VARIANCES AND APPEALS which in this subsection means: 12.7.1 Authority 1. That the land in question cannot yield a A. The Zoning Board of Appeals of the City of reasonable return unless a variance is Portland may, upon written application of an granted. aggrieved party, hear and decide appeals where 2. That the need for a variance is due to the it is alleged that there is an error in any order, unique circumstances of the property and requirement, decision, or determination made, not to the general conditions in the or failure to act, in the administration or neighborhood. enforcement of the provisions of this article. 12-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 297 FLOODPLAIN MANAGEMENT 3. That the granting of a variance will not structures being used for the conduct of alter the essential character of the locality. agricultural uses provided that: 4. That the hardship is not the result of 1. The development meets the criteria of action taken by the applicant or a prior Subsection 12.7.2 and Subsection 12.4.5 are owner. met. E. Variances shall only be issued upon a 2. The development meets the criteria of determination that the variance is the minimum Subsection 12.4.5(M) and (N). necessary, considering the flood hazard, to afford relief, and the Zoning Board of Appeals 12.7.4 Notice to applicants may impose such conditions to a variance as is Any applicant who meets the criteria of Subsections deemed necessary. 12.7.2 and 12.7.3(A), (B), or (C) shall be notified by the Board of Appeals in writing with the signature of 12.7.3 Standards for specific variances the Chair of the Board of Appeals that: A. Variances may be issued for new construction, A. The issuance of a variance to construct a substantial improvements, or other structure below the base flood level will result development for the conduct of a functionally- in greatly increased premium rates for flood dependent use provided that: insurance up to amounts as high as $25 per 1. The criteria in Subsection 12.7.2 and $100 of insurance coverage. 12.4.5(M) are met. B. Such construction below the base flood level 2. The structure or other development is increases risks to life and property. protected by methods that minimize flood C. The applicant agrees in writing that the damage during the base flood and create applicant is fully aware of all the risks inherent no additional threats to public safety. in the use of land subject to flooding, assumes B. Variances may be issued for the repair, those risks and agrees to indemnify and defend reconstruction, rehabilitation, or restoration of the municipality against any claims filed against historic structures upon the determination it that are related to the applicant’s decision to that: use land located in a floodplain and that the 1. The development meets the criteria of applicant individually releases the municipality Subsection 12.7.2. from any claims the applicant may have against 2. The proposed repair, reconstruction, the municipality that are related to the use of rehabilitation, or restoration will not land located in a floodplain. preclude the structure’s continued designation as a historic structure and the 12.7.5 Record of variances variance is the minimum necessary to The Board of Appeals shall submit to the Building preserve the historic character and design Authority a report of all variance actions, including of the structure. justification for the granting of the variance and an C. Variances may be issued for new construction authorization for the Building Authority to issue a and substantial improvement of agricultural FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-19 Page 298 FLOODPLAIN MANAGEMENT Flood Hazard Development Permit, which includes annual reports shall include, but not be limited any conditions to be attached to said permit. to, a report on implementation of this article and on any variances granted hereunder. A 12.7.6 Appeal procedure copy of such annual reports shall also be sent A. An administrative appeal may be taken to the to the Maine Floodplain Management Program. Board of Appeals by an aggrieved party within 30 days after receipt of a written decision of 12.9 PENALTIES the Building Authority. It shall be the duty of the Building Authority to B. Upon being notified of an appeal, the Building enforce the provisions of this ordinance pursuant to Authority shall transmit to the Board of Title 30-A M.R.S. § 4452. The penalties contained in Appeals all of the documents constituting the Title 30-A M.R.S. § 4452 shall apply to any violation record of the decision appealed from. of this ordinance. In addition to any other actions, C. The Board of Appeals shall hold a public the Building Authority, upon determination that a hearing on the appeal within 35 days of its violation exists, shall submit a declaration to the receipt of an appeal request. Administrator of the Federal Insurance D. The person filing the appeal shall have the Administration requesting a denial of flood burden of proof. insurance. The valid declaration shall consist of: E. The Board of Appeals shall decide all appeals A. The name of the property owner and address within 35 days after the close of the hearing and or legal description of the property sufficient to shall issue a written decision on all appeals. confirm its identity and location. F. Any aggrieved party who participated as a party B. A clear and unequivocal declaration that the during the proceedings before the Board of property is in violation of a cited state or local Appeals may take an appeal to Superior Court law, regulation, or ordinance. in accordance with state laws within 45 days C. A clear statement that the public body making from the date of any decision of the Board of the declaration has authority to do so and a Appeals. citation to that authority. D. Evidence that the property owner has been 12.8 RECORDS & REPORTING provided notice of the violation and the A. The Building Authority shall maintain, as a prospective denial of insurance. A clear permanent record, copies of all Flood Hazard statement that the declaration is being Development Permits issued, certificates of submitted pursuant to Section 1316 of the compliance and data relevant thereto, including National Flood Insurance Act of 1968, as reports of the Board of Appeals on variances amended. granted hereunder. B. The Building Authority shall be responsible for 12.10 DISCLAIMER OF LIABILITY filing such annual reports regarding The degree of flood protection required by the participation in the National Flood Insurance ordinance is considered reasonable but does not Program as may be required by FEMA. Said imply total flood protection. 12-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 299 SITE PLAN 13 SITE PLAN 13.2.2 Exceptions A. The Planning Authority may grant written 13.1 PURPOSE authorization for the release of a demolition or Pursuant to Portland’s Comprehensive Plan, this interior building permit for a development article advances the vision for a sustainable city with subject to this article upon written request of shared goals for the environment, community, and the applicant describing the extent of proposed economy. This article complements the zoning and work, provided that final plans have been subdivision regulations of this Land Use Code. submitted by the applicant. Any exterior demolition requires a performance guarantee 13.2 APPLICABILITY for site stabilization. 13.2.1 Site plan approval required B. The Planning Authority may grant written A. All development meeting any one of the authorization for advanced site work, provided thresholds of Table 13-A shall require site plan that final plans have been submitted by the approval prior to commencing any work or applicant. Such permission shall be granted undertaking any alteration or improvement of only after submission of a written request the site. describing the proposed scope of work to be B. A final, approved site plan is a prerequisite to conducted on the site and a determination by issuance of building, street opening, or the Planning Authority that the request is certificate of occupancy permits for reasonable, time is imperative, and the work will development subject to the provisions of this not compromise any aspect of the ensuing article. No such permit shall be issued until review process. All such work shall be done in such permit is determined to be consistent compliance with information provided as part with the final, approved site plan and any of the site plan application including, but not conditions of approval. In the event of any limited to, an erosion control plan. Such written inconsistency between the approved site plan permission shall not be required if the only and any permit issued, the approved site plan work proposed is the digging of test pits. shall control, provided, however, site plan Advanced site work shall require a performance approval shall not excuse failure to meet any guarantee. independent requirement of any other law or ordinance. Neither the acceptance of any 13.3 PROJECT CLASSIFICATION application nor any determination or approval 13.3.1 Site plan hereunder shall authorize the issuance of a The Planning Authority shall classify each permit under Chapter 6 of the City of Portland development proposal as a major or minor site plan Code of Ordinances for any use which would application according to the classifications in Table violate the provisions of Articles 6, 7, 8, 9 and 13-A. The Planning Authority may, due to the 10 of this Land Use Code. anticipated impacts of a project, classify any project FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-1 Page 300 SITE PLAN TABLE 13-A: SITE PLAN CLASSIFICATIONS Minor Major Single- to four-family development Multi-family development of five or more 1,000 – 10,000 SF units New construction or 1,000 – 20,000 SF in industrial zones and TOD > 10,000 SF additions1 zones > 20,000 SF in industrial zones and TOD 1,000 – 50,000 SF in IS-FBC zone zones > 50,000 SF in IS-FBC zone Creation of disturbed > 3 ac. area 1,000 SF - 3 ac. Site alterations Alteration of watercourse or wetland -- Creation of impervious 1,000 SF – 1 ac. > 1 ac. surface Construction or paving > 25 vehicles of parking 5 – 25 parking spaces Change of use2 10,000 – 20,000 SF > 20,000 SF 1 Includes cumulative expansion of building floor area within a three-year period. 2 Includes any change in use of an existing building, whether or not alterations are involved, from any use in the following list to any other use on the list, with the exception that changes of use to residential shall be considered exempt: (A) Industrial, (B) Residential, (C) Institutional, (D) Commercial/Service, (E) Water-dependent use and marine use. a review level higher than otherwise indicated in the Planning Authority reclassify the application to Table 13-A. the next highest review level. 13.3.2 Phased site plan 13.5 REVIEW PROCEDURES An applicant may elect to submit a phased site plan 13.5.1 Pre-application meeting application for a large, multi-phase development Applicants for site plan review are encouraged to program consisting of multiple buildings and site schedule a pre-application meeting. The purpose of improvements on a site of one acre or more of total this meeting is to familiarize the applicant with the land area which is designed to be cohesive and City of Portland, site plan submittal requirements, integrated within the surrounding context. TABLE 13-B: REVIEW AND APPROVAL AUTHORITY 13.4 REVIEW AND APPROVAL AUTHORITY Plan Classification Review Authority The review and approval authority for site plans Minor Planning Authority shall be determined based on the classification of Major Planning Board the project as shown in Table 13-B. At any point in the review process, the applicant may request that 13-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 301 SITE PLAN review procedures, and applicable review standards. and the additional plans or submittals required A pre-application meeting shall not confer pending to complete the application. A review of the proceeding status under Title 1 M.R.S. § 302. No application will not be conducted until the decisions relative to the plan shall be made at the application is found complete. pre-application meeting, nor shall any advice or B. Once the application is determined to be information provided by the City be construed as a complete, receipt of application notices shall be decision. sent to all property owners within 500 feet of the subject property lines. 13.5.2 Application, plans, and submittals All applicants shall submit a site plan application to 13.5.4 Staff review the Planning Authority in such form as prescribed When the application is determined to be complete, by the Planning Authority. A payment of a the plans and submittals shall be reviewed by the nonrefundable application fee, as established by the Planning Authority and other departments of the City Council to cover administrative costs, shall City of Portland as appropriate against the review accompany each application. standards of this article. If the application qualifies as a minor site plan review and is determined to 13.5.3 Staff completion check meet all applicable standards of this article, the A. The Planning Authority shall determine Planning Authority shall approve the application. whether the application, plans, and submittals Otherwise, written comments from reviewers shall meet the submittal requirements of the be provided to the applicant. Written comments Technical Manual. If the application is deemed shall include a staff recommendation to provide a incomplete or not in compliance with Articles revised plan and submittals, schedule a Planning 6, 7, 8, 9, or 10, the Planning Authority shall Board workshop, or schedule a public hearing. inform the applicant in writing of the finding TABLE 13-C: SITE PLAN REVIEW PROCEDURES Public Notice Minor Major Requirement Pre-application meeting Site plan, application, plans, and submittals ◐⏺ ◐⏺ Staff completion check ⏺ ⏺ ⏺ Staff review ⏺ ⏺ Neighborhood outreach ⏺ ⏺ Planning Board workshop ⏺ Revised plans and submittals ⏺ ◐⏺ Final staff review & recommendation ⏺* ⏺ Planning Board public hearing * ⏺ ⏺ Required Recommended * Decision point: approve/approve with conditions/deny ⏺ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-3 Page 302 SITE PLAN 13.5.5 Neighborhood outreach record of all presenters and/or Applicants for major site plan review shall conduct representatives of the applicant neighborhood outreach, either through participating in the outreach. neighborhood meeting(s) or another method 3. Content. The neighborhood outreach shall approved by the Planning Authority, in accordance include an explanation of the proposal and with the following: provide an opportunity for public A. Timing and location. The neighborhood questions and comment. outreach shall be conducted no less than 21 4. Record of feedback. The applicant shall calendar days before a workshop or, in the case keep a record of feedback generated that no workshop is required, a public hearing through the neighborhood outreach. In on the application. The outreach shall be addition to any comments, questions, data, conducted in a manner that is accessible to or other feedback collected, this record stakeholders within the City of Portland shall also include the start and end time(s) neighborhood where the project is proposed. of the outreach and a list of the specific All costs associated with the neighborhood plans, documents, or drawings that were outreach shall be borne by the applicant. shared. A copy of this record shall be B. Notice. The applicant shall mail notice to all submitted to the Planning Authority prior property owners within 500 feet of the subject to final review. Any other individual or property boundaries, at least 10 calendar days entity also may submit comments on the prior to the neighborhood outreach or event. neighborhood meeting to the Planning The notice shall contain a brief description of Authority. the proposal and information about how to access the neighborhood outreach (e.g. the 13.5.6 Review costs date, time, and place of the neighborhood A. Applicants shall pay a fee to cover the review meeting or event or other relevant information costs and administrative costs incurred by the regarding approved forms of neighborhood City. The fee shall be based upon the actual outreach). A digital copy of the neighborhood hours of review time and prevailing hourly rate notice shall be sent to the Planning Authority, for reimbursement of City costs, and shall be which shall be distributed to the City’s list of invoiced periodically by the City. interested citizens. B. No land use permits or applications of any kind C. Outreach procedures shall be processed, reviewed or issued, and no 1. Record of participants. The applicant shall building permits of any kind shall be issued, for keep a record of neighborhood any project whose permit fee is governed by participants in the outreach. A copy of this this article unless all charges due under this record shall be submitted to the Planning article have been paid and the developer is Authority prior to final review. otherwise in compliance with the City Code of 2. Record of presenters and/or Ordinances. representatives. The applicant shall keep a 13-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 303 SITE PLAN 13.5.7 Notice of public meeting 13.5.9 Revised plans and submittals A. For all applications that are subject to Planning Where staff or Planning Board review has found Board review, the applicant shall be responsible that plans and submittals fail to comply with the for posting a notice of public meeting sign on review standards of this article, applicants shall the property where the development is to provide revised plans and submittals to the Planning occur. The dimensions, construction, and Authority. The Planning Authority shall determine content of the sign shall be in accordance with whether the revised plans and submittals meet the standards established by the Planning submittal requirements of the City of Portland Authority. Technical Manual. B. The sign shall be posted at least ten days prior to the public workshop date, in the case that a 13.5.10 Final staff review and recommendation workshop is required, and ten days prior to the When determined to be complete, the revised plans public hearing date, and shall be removed from and submittals shall be reviewed by the Planning the site no more than three days following the Authority and other City departments as workshop or hearing. appropriate against the review standards of this C. Once the required notice of public meeting article. Written comments from reviewers shall be signage is posted, the applicant shall submit a provided to the applicant. In the case of a major site completed certification of posting form to the plan review, comments shall include a staff Planning Authority. recommendation to either approve, approve with D. In the event that a required notice of public conditions, or deny the revised site plan and meeting sign is obstructed, removed, or made submittals. In the case of a minor site plan illegible, it shall be the responsibility of the application, following staff review, the Planning applicant to promptly reset or replace the sign, Authority shall approve, approve with conditions, or though failure to do so shall not invalidate the deny the revised site plan application based on the review. review standards of this article. 13.5.8 Planning Board workshop 13.5.11 Planning Board public hearing Where applicable, Planning Board workshops shall Applicants for major site plan review must appear be scheduled on a date that follows the before the Planning Board for a public hearing. The neighborhood outreach and initial staff review. hearing shall be scheduled on a date that meets all Workshops shall be informational and shall not public noticing requirements contained in Article 2. result in any formal approval or disapproval of the At the hearing, the Planning Board shall approve, project. At a workshop, the Planning Board shall approve with conditions, or deny an application, discuss the plans and submittals, consider the staff based upon the review standards of this article. review with respect to the review standards of this article, hear public comments and questions, and provide direction to the applicant regarding issues to be addressed. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-5 Page 304 SITE PLAN 13.5.12 Lapse in application B. Access and circulation A site plan application must be diligently pursued 1. In general from the date of submission. Notwithstanding the a. All development subject to this article submission of a complete application, any applicant shall provide safe and reasonable shall provide additional information, studies, or access and internal circulation for all reports from qualified professionals when users of the site and shall comply with determined by the Planning Board or the Planning the transportation systems and street Authority to be reasonably necessary to make any design standards of the Technical of the determinations required by this article. Manual. Failure to submit required information within 120 b. Shared circulation, parking, and days of the date upon which the written request transportation infrastructure shall be was made shall cause the application to expire and provided to the extent practicable, be deemed null and void. with utilization of joint curb cuts, walkways, service alleys, bus pull-out 13.6 SITE PLAN REVIEW STANDARDS areas, and related infrastructure The reviewing authority shall not approve a site plan shared with abutting lots and application unless the development proposal meets roadways. Easements for access for applicable standards of the City of Portland abutting properties and shared Technical Manual, the City of Portland Design internal access points at property lines Manual, and the standards below. shall be provided where possible to facilitate present or future sharing of 13.6.1 Transportation standards access and infrastructure. A. Impact on surrounding street systems. The c. Continuous internal walkways shall be provisions for vehicular loading and unloading, provided between existing or planned parking, and vehicular and pedestrian public sidewalks adjacent to the site, circulation on the site and onto adjacent public transit stops and street crossings, and streets and ways and the incremental volume building entrances on the site. of vehicular, bicycle, pedestrian, and transit d. Where the site abuts or includes an traffic will not: existing or planned publicly accessible 1. Create or aggravate any significant hazard trail, a connection to or integration of to safety on the surrounding street such trail shall be provided to the network. extent practicable, including rights of 2. Substantially increase congestion on any public access. street without mitigation proportionate to e. Points of access and egress shall be the level of impact. located to avoid conflicts with turning movements and traffic flows. 13-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 305 SITE PLAN 2. Curb and sidewalks year of the current Capital a. All development shall provide curb Improvement Program (CIP) or and sidewalks along all frontages, has been funded through an installed to specifications as described earlier CIP or through other in the transportation systems and sources. street design standards of the v. The street has been constructed Technical Manual. or reconstructed without b. Where sidewalks already exist but are sidewalks within the last 24 in substandard condition, they shall be months. repaired or replaced in conformance vi. Strict adherence to the sidewalk with Chapter 25 of the City of Portland requirement would result in the Code of Ordinances and the loss of significant site features transportation systems and street related to landscaping or design standards of the Technical topography that are deemed to Manual be of a greater public value. c. An applicant may request a waiver d. An applicant may request a waiver from sidewalk installation from curb installation requirements if requirements if they meet two or they meet two or more applicable more applicable waiver criteria as waiver criteria as listed below: listed below: i. The cost to construct the i. There is no reasonable curbing, including any applicable expectation for pedestrian usage street opening fees, is in excess of coming from, going to, and 5% of the overall project cost. traversing the site. ii. The reconstruction of the street ii. There is no sidewalk in existence is specifically identified and or expected within 1000 feet and approved in the first or second the construction of sidewalks year of the current CIP or has does not contribute to the been funded through an earlier development of pedestrian- CIP or through other sources. oriented infrastructure. iii. The street has been rehabilitated iii. A safe alternative walking route is without curbing in the last 60 reasonably available, for example, months and the proposed use by way of a sidewalk on the other and design of the site does not side of the street that is lightly necessitate the installation of traveled. curbing. iv. The reconstruction of the street iv. Strict adherence to the curb is specifically identified and requirement would result in the approved in the first or second loss of significant site features FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-7 Page 306 SITE PLAN related to landscaping or b. Where provided, parking spaces and topography that are deemed to aisles shall not be located in front and be of a greater public value. corner side yards, unless the applicant v. Runoff from the development site can demonstrate that site constraints or within the street does not preclude the location of parking require curbing for stormwater elsewhere on the site. management. c. Where provided, parking spaces and C. Public transit access aisles shall meet applicable 1. All residential development consisting of dimensional standards as detailed in 20 or more dwelling units and all the transportation systems and street commercial and institutional developments design standards of the Technical of at least 20,000 square feet gross floor Manual. area shall provide a transit shelter adjacent 2. Bicycle parking to or within the public right-of-way along a. All development shall provide secure its frontage, or at a nearby high-volume bicycle parking in accordance with the transit stop without a transit shelter, when parking requirements of Article 18 and the following criteria are met: the transportation systems and street a. The development is proposed along design standards of the Technical an existing public transit route on a Manual. principal or minor arterial roadway, as b. The review authority may reduce the shown in the Federal Street required number of bicycle parking Classification Map. spaces if it is determined, based on b. The nearest existing transit shelter on evidence submitted by the applicant, the route is more than ¼ mile from that the proposed development is the site, measured along rights-of-way. expected to generate reduced 2. Transit facilities shall be connected to the demand for bicycle parking due to public sidewalk system. particular site characteristics or 3. All or some of this standard may be proposed uses. waived if the review authority determines 3. Snow storage that the development is not anticipated a. All developments shall include areas to generate public transit usage due to for snow storage or provide an particular characteristics of the acceptable snow removal plan. development or proposed use. b. Snow storage areas may not encroach D. Parking on adjacent properties, public ways, 1. Vehicular parking and pedestrian walkways, and shall not a. Developments shall comply with the be located where they would parking standards of Article 18. adversely impact the functionality of stormwater management systems. 13-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 307 SITE PLAN Landscaping in designated snow demonstrates compliance with applicable storage areas shall be such that it can state and federal regulations. withstand the snow pile. 3. The site plan shall include adequate 4. Electric Vehicle (EV) charging. All measures to protect significant natural development shall meet applicable EV features to be preserved from standards as provided in Section 1 of the construction impacts, in accordance with Technical Manual. the LID standards of the Technical Manual. E. Transportation Demand Management (TDM) B. Site landscaping and buffers 1. The following types of development shall 1. On-site landscaping. design and implement a Transportation a. All development subject to this article Demand Management (TDM) plan: shall provide a minimum of one shade a. All commercial, institutional, or mixed- tree consisting of species identified on use developments of 50,000 square the City of Portland Recommended feet or more in total floor area. Tree list or six plantings, defined as b. All commercial or institutional uses one shrub, one ornamental grass, designed to accommodate 100 or and/or three perennials, per 5,000 more employees or, for educational square feet of lot area in accordance institutions, 100 or more students. with the landscaping standards of the 2. The TDM Plan shall comply with the Technical Manual. standards for transportation studies and b. Existing vegetation to be preserved on plans as contained in the Technical Manual. the site may be counted towards this requirement as described in the 13.6.2 Environmental quality standards landscaping and landscape A. Preservation of significant natural features preservation standards of the 1. All development shall preserve and protect Technical Manual. significant natural features by c. Where site constraints prevent the incorporating the principles of Low-Impact planting of required shade trees or Development (LID) in accordance with the plantings at the development site, the LID standards of the Technical Manual. reviewing authority may approve an 2. Where complete preservation of alternative as described in the significant natural features substantially landscaping standards of the compromises development of the site as Technical Manual. otherwise permitted by zoning, the review 2. Buffers and screening authority may reduce the requirement in a. Loading and servicing areas, trash and accordance with the LID standards of the recycling areas, storage areas, and Technical Manual provided that the roof- and ground-mounted utility applicant implements preservation structures, except for renewable measures to the extent practicable and energy systems, shall be screened FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-9 Page 308 SITE PLAN from view from public sidewalks, uncovered asphalt parking area streets and adjacent properties by (including drive aisles), planted in dense evergreen and deciduous landscaped islands to screen, shade, landscaping, fencing, architectural and break up parking. Trees and screening products, masonry walls, shrubs in parking lots may be in building walls, or a combination informal groups, straight rows, or thereof. concentrated in clusters as described b. Where immediately visible from the in the landscaping standards of the right-of-way, surface parking areas Technical Manual. shall be screened with dense b. Landscaped islands shall be evergreen and deciduous landscaping, distributed so that uninterrupted fencing, or masonry wall in pavement does not exceed forty accordance with the landscaping parking spaces. standards of the Technical Manual. c. Where site constraints prevent c. For nonresidential development implementation of all or a portion of abutting a residential zone, an required parking lot landscaping, as evergreen, densely landscaped buffer determined by the review authority, of not less than 10 feet in depth and the reviewing authority may approve six feet tall is required along the side an alternative as described in the abutting the residential zone. In cases landscaping standards of the where architectural fencing is used, Technical Manual. the depth of the landscaped buffer 4. Non-vehicular hardscape. All uncovered may be reduced, so long as the paving for non-vehicular use, including fencing is at least six feet in height and pathways and patios, must either have a a mix of evergreen and deciduous minimum Solar Reflective Index (SRI) of 33 trees spaced no further than 20 feet initially and 28 once aged three years or apart is planted abutting the include one tree for every 750 SF of residential zone. asphalt paving.. d. All residential development shall 5. Street trees provide and/or preserve evergreen a. All development shall include one vegetated buffers where necessary to street tree per 25-35 linear feet of buffer the development from frontage along a city right-of-way or detrimental impacts of existing private roadway as specified in the surrounding development. landscaping standards of the 3. Parking and vehicle display lot landscaping Technical Manual. The provision of a. Developments with more than five measures to enhance tree survival parking spaces shall include at least (such as raised planters, irrigation, and one tree for every 750 square feet of 13-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 309 SITE PLAN structural soils as recommended by property without creating ponding, the City Arborist) shall be required. flooding or other drainage problems b. Where the applicant can demonstrate and that the owner of the lot being that site constraints prevent the improved has the legal right to planting of required street trees in the increase the flow of stormwater onto city right-of-way, the review authority the adjacent lot or City property. may permit an alternative subject to c. Any increase in volume or rate of the landscaping standards of the stormwater draining from the lot into Technical Manual. the City’s storm sewer system can be c. Where the proposed development accommodated in the system without includes the removal of an existing creating downstream problems or street tree determined by the City exceeding the capacity of the storm Arborist to be a heritage or feature sewer system. mature tree, the applicant shall be 2. All development shall comply with the required to contribute to the Tree stormwater management standards of the Fund at the designated rate in the Technical Manual. Technical Manual so that the total 3. Development shall not pose a risk of replacement cost is significantly groundwater contamination either during higher than planting a new street or post-construction, as described in the tree/contributing for a new street tree. stormwater management and water supply C. Water quality, stormwater management, standards of the Technical Manual. and erosion control 4. Applicants shall demonstrate that 1. All development shall be designed to subsurface and/or any adjacent slope minimize total area of impervious surface conditions are suitable to support the on the site and both the volume and rate development, and where determined of runoff from the lot. Provisions for necessary, shall prepare a geotechnical stormwater management shall study to demonstrate that the demonstrate the following: development as designed will not adversely a. Any stormwater draining onto or impact the development site or any across the lot in its pre-improvement abutting property. Soil surveys and/or state will not be impeded or re- geotechnical studies shall be prepared in directed so as to create ponding on, accordance with the requirements of the or flooding of, adjacent lots. Technical Manual. b. Any increase in volume or rate of stormwater draining from the lot onto an adjacent lot or City property following the improvement can be handled on the adjacent lot or City FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-11 Page 310 SITE PLAN 13.6.3 Public infrastructure and community shall provide adequate utility infrastructure safety standards on-site and in connection to surrounding A. Consistency with City master plans locations and facilities. 1. All developments shall be designed so as to 2. Electrical service shall be underground be consistent with City Council-approved unless otherwise specified for industrial master plans and facilities plans and with uses, or if it is determined to be unfeasible off-premises infrastructure. due to extreme cost, the need to retrofit 2. The site plan shall include suitable properties not owned by the applicant, or easements, rights, and improvements to complexity of revising existing overhead connect or continue off-premises public facilities. infrastructure as may be required by the 3. All sanitary sewer lines, storm drains, water review authority. lines, and other utilities proposed as part B. Public safety and fire prevention of the development shall be designed to 1. All development shall incorporate the conform with the sanitary sewer and storm following public safety principles for Crime drain and water supply standards of the Prevention through Environmental Design Technical Manual. (CPTED) into site design to enhance the 4. All development within 200 feet of a public security of public and private spaces and to sanitary collection and treatment system reduce the potential for crime: shall connect sanitary sewer lines into the a. Natural surveillance that promotes nearest available public sewer. If a public visibility of public spaces and areas. sanitary collection and treatment system is b. Access control that promotes not available, a private wastewater system authorized and/or appropriate access may be used according to the to the site. requirements of Chapter 24 of the City c. Territorial reinforcement that Code and the sanitary sewer and storm promotes a sense of ownership and drain standards of the Technical Manual. responsibility through environmental 5. All residential development of 20 units or design. more, commercial development, and 2. All developments shall be designed to industrial development shall provide for provide adequate emergency vehicle the temporary storage and timely removal access to the site and comply with the of all trash and recyclable materials Public Safety standards of the Technical including, at a minimum, paper, corrugated Manual. cardboard, plastics, and metals. Storage C. Public utilities containers for recyclable materials shall be 1. The development shall not overburden separated from trash containers. All sanitary sewers and storm drains, water exterior storage of trash and recyclables lines or supply, or other public shall be screened from view from public infrastructure and utilities. Development sidewalks, streets, and adjacent properties. 13-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 311 SITE PLAN 13.6.4 Site design standards accordance with the shadow standards of the A. Massing, ventilation, wind, and heat impact Technical Manual. 1. The bulk, location, or height of proposed C. Snow and ice loading. All development shall buildings and structures shall not result in be designed to prevent significant amounts of health or safety problems from a reduction accumulated snow and ice from loading or in ventilation to abutting structures or falling onto adjacent properties or public ways. changes to the existing wind climate that D. View corridors. The massing, location, and would result in unsafe wind conditions for height of development shall not substantially users of the site and/or adjacent public obstruct public view corridors identified in the spaces. City of Portland Design Manual. 2. Development shall locate all HVAC venting E. Historic resources mechanisms to direct exhaust away from 1. When a development affects a designated public spaces and residential properties landmark or lies within a designated directly adjacent to the site. historic district or historic landscape 3. In proposed buildings or additions with an district, such development shall be aggregate roof area greater than 2,000 required to obtain historic preservation square feet, measured horizontally, and, approval under Article 16. for residential projects, greater than nine 2. All development shall document and residential units, a minimum of 75% of the protect state or local archaeological roof area must meet the following “cool resources known to exist or discovered on roof” Solar Reflective Index (SRI) the site. standards: a. Protection may include leaving a. Roofs with a slope less than 2:12: SRI of archaeological resources untouched 82+ (initial)/64+ (3-year aged) beneath a new development through b. Roofs with a slope greater than 2:12: adaptation of foundation design or SRI of 25+ (initial)/25+ (3-year aged) architectural layout. Roof areas covered by shade structures b. Where the applicant can demonstrate with an SRI of 39+, including photovoltaic that complete protection is not panels that shade the roof, area feasible, the applicant shall excavate considered exempt from roof area and document archeological calculations for the purposes of this resources. Such measures shall be standard. conducted in consultation with the City’s historic preservation program B. Shadow. All development over 65 feet in and Maine Historic Preservation height shall be designed to avoid and/or Commission. For resources of state mitigate the adverse impacts of shadows cast significance, excavation and by new structures or building additions from documentation shall be conducted by falling on publicly accessible open space in a qualified professional, in FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-13 Page 312 SITE PLAN coordination with Maine Historic F. Exterior lighting Preservation Commission. Local 1. Site lighting archeological resources may or may a. All exterior site lighting shall be full not be recognized by the Maine cutoff with no light emitted above the Historic Preservation Commission as horizontal plane or spilled onto significant and shall include the adjacent properties. Illumination levels following: shall be adequate but not excessive i. Original seawall structure for the safety, comfort, and located landward of Commercial convenience of occupants and users Street. of the site, and shall conform to the ii. Inactive historic family cemetery lighting standards of the Technical plots. Manual. iii. Historic railroad beds including b. Where light from a proposed but not limited to the Portland- development may adversely impact Lewiston interurban railroad. adjacent residential properties, iv. Original structure and/or exterior lighting shall employ building- landforms associated with the side shielding. Cumberland and Oxford Canal. 2. Architectural and specialty lighting. v. Buried portions of colonial and a. Architectural and specialty lighting of post-colonial period structures such features as architectural details, or built features located on the monuments, public art, or other site Portland Peninsula predating the features shall be designed to Great Fire of 1866. illuminate specific details or attributes vi. Pre-colonial occupation sites only and shall meet the lighting identified by shell middens or standards of the Technical Manual. other evidence. b. Up-lighting by any method is vii. Sites listed or eligible for listing prohibited except for public buildings on the National Register of and parklands; clock towers and Historic Places. steeples; landscape features; c. In order to preserve archeological designated historic landmarks; flags of resources, the review authority may state, federal, or national jurisdictions; waive standards listed in the City of and public art. Such light fixtures, Portland Technical Manual where brackets, conduits, and all other necessary if it is determined that such components shall be designed by a a waiver would not jeopardize the lighting professional and shall be health, safety, or welfare of the scaled and placed to minimize their development’s occupants, the public, visibility and installed in accordance or the natural environment. 13-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 313 SITE PLAN with the lighting standards of the landmark, the standards of Article 16 shall Technical Manual. supersede. 3. Street lighting. All development shall provide municipal street lighting adequate 13.7 WAIVERS for the safety and comfort of pedestrians, 13.7.1 Waiver requests bicyclists, and motorists and, where An applicant for site plan review may request a applicable, conforming to specific lighting waiver with respect to the submittal requirements district requirements as specified in the or review standards of this article. If a waiver is street lighting standards of the Technical requested, the applicant shall document the Manual. rationale for the waiver request within the G. Noise and vibration. All heating, ventilation application. and air conditioning equipment (HVAC), air handling units (AHU), emergency generators, 13.7.2 Waiver criteria and similar equipment shall meet applicable Except for where waiver criteria are provided for state and federal emissions requirements and individual review standards, the review authority, if shall be located to the interior of the site, away it finds that extraordinary conditions exist or that from abutting properties. undue hardship may result from strict compliance H. Signage and wayfinding with the submittal requirements or review 1. On-site directional traffic signage may be standards of this article, may vary these regulations provided to enable users to safely and so that substantial justice may be done and the easily navigate into, around and out of the public interest secured, provided that such variation site. will not have the effect of nullifying the intent of this 2. Signage shall not adversely affect visibility article. at intersections on or off the site. I. Design standards 13.8 PHASING 1. Development of certain types and/or A major site plan may be divided into two or more proposed in certain zones, as specified in phases. Each phase must be at least 20% of the total the City of Portland Design Manual, shall development and in addition, show the entire tract meet the design standards of the Design or parcel. Each phase of such project shall be Manual in order to ensure that building and independent of subsequent phases and shall site design contribute to and enhance the conform to all standards of this article in the event goals and policies for specific zones within that subsequent phases do not go forward. the city. The City of Portland Design Manual is incorporated by reference as part of this 13.9 CONDITIONS OF APPROVAL Land Use Code. Notwithstanding the review standards of this article, 2. If the development is located in a historic the review authority may impose any condition district or associated with a historic upon its approval of any site plan to minimize or abate any adverse impact of the proposed FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-15 Page 314 SITE PLAN development on the value or utility of other private B. Inspection fees. At the same time that the property, or public property or facilities, to the developer posts a performance guarantee, the extent feasible; to bring the development into developer shall also pay to the City an compliance with the review standards of this article; inspection fee as determined by the City or to minimize any other adverse environmental Council. If a performance guarantee is effects of the proposed development. extended beyond its original expiration date, then an additional inspection fee in an amount 13.10 POST-APPROVAL PROCEDURES to be determined by the City shall be required. 13.10.1 Final plans C. Single- and two-family development. All Following final site plan approval and prior to single- and two-family development is exempt issuance of any building permit, the developer shall from performance guarantee requirements submit final plans meeting all the conditions of the except when those projects complete site plan approval, including without limitation all construction in the winter, and site work is streets, sewers, drainage structures, and incomplete due to weather conditions. A landscaping. Thereafter, limited and minor performance guarantee will then be required departures from the approved site plan shall be that is sufficient to complete the remaining site approved by the Public Works Authority and/or work as approved on the site plan. The Planning Authority as field changes pursuant to performance guarantee must be reviewed and Section 13.13. Amendments or revisions to the approved by the Planning Authority prior to the approved site plan shall be reviewed by the Planning release of a certificate of occupancy. All single- Authority pursuant to Section 13.12. and two-family development is subject to inspection fees, as specified herein. 13.10.2 Performance and defect guarantees D. Performance guarantee amount The following performance and defect guarantee 1. The performance guarantee shall be equal requirements shall apply: in value to 100% of the estimated cost of A. Performance guarantee required. Following the required site improvements as shown approval of site plan applications and prior to on the approved site plans, as a condition the issuance of a building permit, the developer of planning approval, as required in the shall post with the City a performance City of Portland Code of Ordinances, guarantee in the form and amount specified and/or as required by the City of Portland herein, specifying the completion of the Technical Manual. required site plan improvements within two 2. The performance guarantee amount shall years from the origination date of such be estimated by the applicant or guarantee. In no case shall the term of such representative using the cost estimate guarantee be for a period of less than one year, spreadsheet provided by the City and shall nor shall any performance guarantee expire be submitted for review and approval to between October 30 and April 15 of the the Planning Authority. Costs to be following year. included in the estimate, and which shall be 13-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 315 SITE PLAN covered by the performance guarantee Planning Authority under Section 13.2.2(B). include items such as: street and sidewalk Such permission is solely within the improvements including street lights, discretion of the Planning Authority. monuments, curbing, ramps and detectible G. Acceptable forms of performance warning panels, and striping; earth work guarantee. The performance guarantee, in the and grading; utilities infrastructure and amount approved by the Planning Authority, connections including sewer, stormwater, shall be a letter of credit, an escrow account and water service; exterior site lighting; with a responsible financial institution, or the erosion control measures as shown on the deposit to the City of Portland Finance approved erosion and sedimentation Department and shall be in conformance with control plan; open space and recreation the templates and forms made available by the amenities; and final site stabilization and City. If the performance guarantee is a deposit landscaping. to the City, the City shall hold such funds in a 3. The Planning Authority may waive all or noninterest bearing account until criteria for any portion of this requirement if it performance guarantee release have been determines that the property owner has a satisfied. The performance guarantee shall be proven record of satisfactory performance in the name of the City and shall be approved and sufficient financial capability or when by the finance director as to financial the overall cost of the project fails to sufficiency and the corporation counsel as to justify the administration of a performance proper form and legal sufficiency. guarantee. H. Performance guarantee reductions. E. Phased projects. If a project is reviewed and 1. Up to three times during the construction approved as a phased project, the of a project, upon request of the corresponding performance guarantee may developer, a performance guarantee may also be phased. A separate performance be reduced by the value equal to the guarantee shall be posted for each phase. Each estimated cost of the completed phase of such project shall be independent of improvements. In no case shall any subsequent phases and shall conform to all performance guarantee be reduced by any standards of this article in the event that line item on the cost estimate spreadsheet subsequent phases do not go forward. where improvements remain to be F. Advanced site work completed. Requests shall be submitted on 1. No public utility, water district, sanitary the cost estimate spreadsheet for review district or any utility company of any kind and approval by the Planning Authority. shall install services to any lot in a 2. In no case shall any performance subdivision which has not received guarantee be reduced to an amount equal Planning Board approval. to or less than the required defect 2. On a case-by-case basis, permission for guarantee until all criteria set forth for advanced site work may be granted by the converting to the defect guarantee have FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-17 Page 316 SITE PLAN been met, as approved by the Planning Department of Public Works. The petition Authority. for street acceptance must include a I. Extension of the performance guarantee. If warranty deed (with metes and bounds the Planning Authority and/or the Public Works description) to the property within each Authority has reasonable doubt concerning the street of the subdivision or roadway stability or proper construction of the required extension and any other improvements site improvements, the developer shall be intended for City maintenance. required to reconstruct or otherwise address 3. Upon the satisfactory completion of the the issues to the City’s satisfaction. If the required site improvements and performance guarantee is scheduled to expire compliance with all conditions of approval before the extent or necessity for such further including the submission of as-built work can be determined, the developer shall be drawings as applicable, the Planning required to extend the performance guarantee Authority will authorize in writing, covering such improvements, or secure a new conversion to the defect guarantee. The guarantee, for a period and amount deemed defect guarantee shall be 10% of the necessary by the Planning Authority and/or the original performance guarantee amount Public Works Authority. and shall remain in place for a period of J. Performance guarantee release/conversion one year. The defect guarantee shall to defect guarantee. ensure the workmanship and the durability 1. No performance guarantee shall be of all materials used in the construction of released until all fees generated by the the required site improvements. The project are paid to the City, including but Planning Authority may authorize the not limited to engineering, inspection, and defect guarantee to be released at any administrative fees. The guarantor shall time within the one-year period, provided not be released from the guarantee except all required site improvements have been and until authorized in writing by the constructed and in-place for one year or Planning Authority. more and the workmanship and the 2. For roadway extension projects, no durability of all materials has been performance guarantee shall be released inspected and confirmed to be until the Department of Public Works has satisfactory. performed a final inspection of the K. Acceptable forms of defect guarantee. The roadway and determined satisfactory defect guarantee, 10% of the original completion of the required improvements. performance guarantee amount approved by Additionally, no performance guarantee the Planning Department, shall be a letter of shall be released until the City is in receipt credit, an escrow account with a responsible of a petition for street acceptance, financial institution, or the deposit to the City deemed complete and satisfactory by of Portland finance department and shall be in Corporation Counsel and/or the conformance with the templates and forms 13-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 317 SITE PLAN made available by the City. If the defect applicant shall submit the as-built plans as specified guarantee is a deposit to the City, the City shall in the Technical Manual. hold such funds in a noninterest bearing account until the criteria for performance 13.10.5 Certificates of occupancy guarantee release have been satisfied. The No certificate of occupancy shall be issued to any performance guarantee shall be in the name of portion of development where, in the opinion of the the City and shall be approved by the finance Planning Authority, the site conditions or work director as to financial sufficiency and the required to complete the development will corporation counsel as to proper form and endanger the health or safety of persons visiting or legal sufficiency. inhabiting the completed portion. Certificates of L. Use of the performance guarantee. In the occupancy may be granted as follows: event that a development site is abandoned or A. Temporary certificates of occupancy the site improvements do not meet City 1. Notwithstanding any other provision of the standards as approved in the site plan, the Land Use Code, a certificate of occupancy performance guarantee may be utilized to may be issued for a development or stabilize, secure, complete construction, and/or portion of a development which has restore the site as may be necessary, including, otherwise been completed in accordance but not limited to, revegetation of areas, with final site plan approval and all grading, and fencing. applicable provisions of this Land Use Code where the applicant submits a 13.10.3 Inspection fee written request to the Planning Authority At the same time that the developer posts a stating those improvements which remain performance guarantee, the developer shall also pay to be completed, the reasons why such to the City a site plan improvement inspection fee improvements have not been completed, equal to two percent of the estimated costs of and the cost and time to complete the required site improvements for which a remaining work. In no event shall any performance guarantee is to be posted. At the temporary or permanent certificate of conclusion of the project, and before a temporary occupancy be issued where: or permanent certificate of occupancy is issued, the a. Conditions exist which would justify developer shall pay to the City the balance of any denial of a certificate of occupancy inspection fees actually incurred by the City in its under Chapter 6 of the City of review of the project. Portland Code of Ordinances. b. Required improvements to the City 13.10.4 As-built plans right-of-way remain to be completed Upon completion of a development (excluding by the developer. single- and two-family development and minor site c. Access roads, driveways, and work as determined by the Planning Authority), the pedestrian access required for the building or building(s) for which the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-19 Page 318 SITE PLAN certificate(s) are requested have not improvements and not less than 10% been improved to a passable of the initial performance guarantee condition. amount. d. A remaining balance for fees incurred B. Final certificate of occupancy. All by the City exists. improvements which are not completed prior e. The developer otherwise is in violation to the issuance of any temporary certificate of of the City Code of Ordinances. occupancy must be completed prior to the 2. Where a temporary certificate of completion date specified in the performance occupancy is sought for a portion of any guarantee or in the temporary certificate of development prior to the completion of occupancy, whichever occurs first, in order for the entire development, the following a final certificate of occupancy to be issued by standards shall be met, in addition to all the City. Where any person accepts a applicable requirements set forth above, temporary certificate of occupancy and does prior to the issuance of any certificate of not complete the improvements as specified in occupancy: the certificate, the City is authorized to enter a. Those parking areas required for the upon such property itself or through its agents portion of the development for which or contractors to complete such improvements a certificate of occupancy is sought with no liability therefore and may recover the shall be available for use. Alternative costs thereof through the mechanic's lien arrangements must be made on-site procedure for the improvement of real for parking for any periods during property to the extent that the performance which such parking areas will not be guarantee may be inadequate. available for use. b. All foundation plantings and other 13.11 EXPIRATION OF APPROVALS landscaping required for the portion 13.11.1 Site plan of a development for which a Site plans approved under this article shall expire certificate of occupancy is sought three years from the date of approval unless shall be installed prior to the issuance development has been undertaken in accordance of a certificate of occupancy. This with the approved site plan and site work or requirement may only be waived building construction is ongoing. Any lapse in where, in the opinion of the Public construction for a period in excess of 12 months Works Authority, landscaping shall result in an expiration of the site plan. improvements cannot practically be Approved amendments to a site plan shall have no completed due to seasonal weather effect on the expiration date, which is based upon conditions. the original date of approval. c. A performance guarantee shall be in place and in an amount sufficient to cover all remaining required 13-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 319 SITE PLAN 13.11.2 Phased site plan applicant may request a minor amendment to The applicant has three years to start site work or an approved site plan by submitting a written building construction undertaken in accordance statement of the proposed amendments and with the approved phased site plan and seven years proposed amended plans to the Planning to complete the project. Approved amendments Authority. shall have no effect on the expiration date, which is B. Minor amendments: based upon the original date of approval. A phased 1. Are generally consistent with the approved site plan may be extended by the Planning Authority plan. up to two years from date of expiration. Extension 2. Do not substantially impact the layout of requests must be made in writing by the applicant buildings and open space. prior to the expiration of the approval. 3. Do not significantly alter the program of proposed uses. 13.11.3 In case of appeal 4. Do not substantially change access, Where a site plan approval or any related land use circulation, or infrastructure on or approval granted to the same applicant by any adjacent to the site. agency of the City with respect to the same 5. Do not otherwise meet thresholds for site development is appealed to any court by an plan review as described in Table 13-A. opponent of the development, the applicant shall be 6. Do not affect any condition or granted extensions, beyond the expiration of said requirement of the Planning Board. approval, where the applicant has exercised due diligence with respect to defending such appeal. 13.12.3 Major amendments Extensions shall not last beyond one year from An applicant may request approval by the review entry of final judgment. authority of a major amendment to an approved site plan by submitting an application for the 13.12 AMENDMENTS TO APPROVED PLANS amendment to the Planning Authority. Major 13.12.1 Field changes amendments include changes that exceed the Changes associated with unforeseen difficulties that limited criteria for a minor amendment under arise during the course of construction and Subsection 13.12.2. involving such technical detail as utility location and substitution of equivalent plantings shall be 13.13 CONSISTENCY WITH APPROVED SITE approved by the Public Works Authority and/or the PLANS Planning Authority. Field changes shall not involve 13.13.1 Sites to be developed and maintained as substantial alteration of the approved plan or depicted conditions imposed by the review authority. A. Sites shall be developed and maintained as depicted in the approved final site plan and the 13.12.2 Minor amendments written submission of the applicant. Any A. The Planning Authority is authorized to deviations from an approved site plan, approve minor amendments to site plans. An including, but not limited to, changes in FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-21 Page 320 SITE PLAN topography, vegetation and impervious may be issued. Work shall recommence only after surfaces as shown on the final site plan or such order has been lifted by the Department of alteration of a parcel which was the subject of Public Works or the Building Authority on the basis site plan approval after May 20, 1974, shall of an approved mitigation plan or action by the require the prior approval of a revised site plan developer. by the Planning Board or the Planning Authority pursuant to the terms of this article. Any such 13.13.3 After-the-fact review parcel lawfully altered prior to the enactment Where construction, alteration, or modification to a date of these revisions shall not be further site is performed without a valid site plan altered without approval as provided herein. approval, an after-the-fact review shall be Modification or alteration shall mean and performed by the Planning Board or Planning include any deviations from the approved site Authority, as applicable. plan including, but not limited to, topography, vegetation, and impervious surfaces shown on 13.14 APPEALS the site plan. 13.14.1 Minor site plan B. All construction or alterations to the site When the Planning Authority has approved, performed under authorization of building approved with conditions, or disapproved a minor permits or certificates of occupancy issued for site plan, any person aggrieved may appeal the development within the scope of this Land Use decision to the Planning Board within 30 calendar Code shall be in conformance with the days of the date of the written decision of the approved final site plan or an amendment Planning Authority. Upon the taking of such an thereto under Section 13.12. The Planning appeal, the application shall be reviewed as a new Authority shall institute or cause to be application. instituted any and all actions, legal or equitable, that may be appropriate or necessary for the 13.14.2 Minor site plan enforcement of this article. When the Planning Board has approved, approved with conditions, or disapproved a major site plan, 13.13.2 Work pursuant to Chapter 24 or 25 any person aggrieved or the City may appeal the Where work is required pursuant to the terms of decision to the Superior Court, pursuant to Rule Chapters 24 or 25 as part of an approval granted 80B of the Maine Rules of Civil Procedure and 30-A under this article, such work shall be accomplished M.R.S §§ 2691 & 4483. Decisions of the Planning in the sequence established by the Public Works Board are final as of the date the written decision is Authority. Where the Public Works Authority issued. determines that work has been completed prior to the receipt of all approvals required by this article or which is out of sequence or is not in compliance with the standards of Chapters 24 and 25 of the City of Portland Code of Ordinances, a stop work order 13-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 321 SUBDIVISIONS 14 SUBDIVISIONS 14.2.2 Enforcement, conveyance, markers, and recording 14.1 PURPOSE A. No person may sell, lease, develop or build This article is adopted pursuant to the terms and upon, or convey for consideration, offer or provisions of 30-A M.R.S. § 3001 and 4403, as agree to sell, lease, develop or build upon, or amended. The purpose of this article is to provide convey for consideration any land in a for the harmonious and economic development of subdivision unless the subdivision has been the city; for the orderly subdivision of land and its approved by the Planning Board, and unless a development; for the orderly development of the recording plat showing permanent marker general area surrounding such subdivision; for the locations at all lot corners has been recorded in coordination of streets within the general area; for the Cumberland County Registry of Deeds. adequate provisions for drainage, flood control, B. No subdivision plan shall be recorded by the light, air, and other public purposes; for the Cumberland County Registry of Deeds which adequate and proper installation of streets, has not been approved as required by this drainage, sanitary sewers, water, and other utilities article. Approval for the purpose of recording and facilities; for the dedication to the City of land shall appear in writing on the recording plat. for streets, alleys, or other public purposes or the C. No public utility, water district, sanitary district, transfer to the City of easements or other rights or or any utility company of any kind shall install privileges; for the reservation for the City of land to services to any lot in a subdivision which has be acquired for public facilities; and to protect not received Planning Board approval. public safety. D. Any person who sells, leases, develops or builds upon, or conveys for consideration any land in 14.2 APPLICABILITY a subdivision which has not been approved as 14.2.1 Jurisdiction required by this article shall be required to A. This article shall govern each and every submit an after-the-fact subdivision application subdivision of land as defined under 30-A M.R.S. for each such occurrence. The City may § 4401 and 4402 within the limits of the city institute proceedings to enjoin any violation of unless specifically exempted under this article. this section. B. When application is made to resubdivide a previously recorded subdivision under the 14.3 REVIEW PROCEDURES provisions of these regulations, it shall be 14.3.1 Application treated as a new subdivision provided the To obtain approval of a proposed subdivision the applicant is the owner of rights in the recorded subdivider or applicant shall submit an application subdivision. to the Planning Authority in such form as prescribed by the Planning Authority. The application shall meet the submission requirements of the City of Portland Technical Manual, including the provisions for a subdivision plat for presentation to the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-1 Page 322 SUBDIVISIONS Planning Board and public, all engineering data and dimensions, construction, and content of the plans necessary for the completion of the required sign shall be in accordance with standards improvements, supplemental submission items, a established by the Planning Authority. recording plat, and written submittals B. The sign shall be posted at least ten days prior demonstrating compliance with the review criteria to the public workshop or hearing date, and of this article. A payment of a nonrefundable shall be removed from the site no more than application fee, as established by the City Council to three days following the date of the meeting. cover administrative costs and costs of a hearing, C. Once the required notice of public meeting shall accompany each application. signage is posted, the applicant shall submit a completed certification of posting form to the 14.3.2 Receipt of application notice Planning Authority. A. When an application for subdivision is received D. In the event that a required notice of public or generated by the Planning Authority, it shall meeting sign is obstructed, removed, or made give a dated receipt to the applicant and shall illegible, it shall be the responsibility of the notify, by mail, the following, where applicable. applicant to promptly reset or replace the sign, 1. All property owners within 500 feet of the though failure to do so shall not invalidate the proposed subdivision. review. 2. The clerk and the reviewing authority of municipalities that abut or include any 14.3.5 Review costs portion of a proposed subdivision. A. The subdivider shall pay a fee to cover the B. The notice hereunder shall include a brief review costs and administrative costs to be description of the application, the address or incurred by the City. The fee shall be based location of the property involved and a upon the actual hours of review time and telephone number at the City where additional prevailing hourly rate for reimbursement of information may be obtained. The cost of City costs, and shall be invoiced periodically by noticing shall be charged to the applicant. the City. B. No land use permits or applications of any kind 14.3.3 Neighborhood outreach shall be processed, reviewed, or issued, no An applicant for the subdivision of five or more lots signed subdivision plats shall be released or shall conduct neighborhood outreach according to recorded, and no building permits of any kind the provisions of Subsection 13.5.5. shall be issued, for any project whose permit fee is governed by this article unless all charges 14.3.4 Notice of public meeting due have been paid and the developer is A. Prior to any Planning Board workshop or otherwise in compliance with the City of hearing on the subdivision application, the Portland Code of Ordinances. applicant shall be responsible for posting a notice of public meeting sign on the property where the subdivision is to occur. The 14-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 323 SUBDIVISIONS 14.3.6 Timing of subdivision review B. When the recording plat, meeting the A. Within 30 days of receiving an application, staff requirements of the City of Portland Technical shall notify the applicant in writing either that Manual, is approved, the subdivider shall pay the application is complete or, if it is the actual cost of recording and reproduction. determined to be incomplete, the specific C. The recording plat shall be recorded in the additional materials needed to make it a office of the Cumberland County Registry of complete application. After the review Deeds by the subdivider. authority has determined that a complete D. The registry book and page numbers shall be application has been filed, it shall notify the transcribed on one mylar copy of the recording applicant and begin its full evaluation of the plat to be sent to the Public Works Authority. proposed subdivision. Unless the subdivider records the approved B. A public hearing shall be commenced within 30 recording plat within three years of the days following the receipt of a complete Planning Board’s approval of the subdivision subdivision application by the review authority. plat, the recording plat approval shall become The Planning Board shall render its decision on null and void. The preceding sentence any application submitted to it within 30 days notwithstanding, if the Planning Board's initial of a public hearing or such other time as may approval of a subdivision is based in part upon be mutually agreed to by the Planning Board the granting of a waiver from any of the and the applicant. applicable subdivision standards, no such waiver shall be valid unless that fact is expressly 14.3.7 Subdivision approval noted on the face of the recording plat and in a The Planning Board shall approve, approve certificate. The recording plat and certificate conditionally, or disapprove such subdivision shall conform to the requirements of 30-A application at a public hearing. If approved M.R.S. § 4406, and both the recording plat and conditionally, the conditions and reasons shall be certificate shall be recorded in the Cumberland stated and given in writing to the subdivider and, if County Registry of Deeds within two years of necessary, the Planning Board may require the final subdivision approval. subdivider to submit a revised subdivision plat. If the Planning Board should disapprove the subdivision 14.3.9 Sectional recordings plat, the reasons for such action shall be stated and Following subdivision plat approval, the Planning given in writing to the subdivider, and the Planning Board may permit the subdivision to be divided into Board may state the conditions under which the two or more sections for recording purposes proposed subdivision would be approved. subject to any conditions that the Board deems necessary in order to ensure the orderly 14.3.8 Recording development of the plan. A sectional recording plat A. Prior to the release of a signed, approved shall constitute at least 20% of the total number of recording plat, all current charges due under lots contained within the approved subdivision, and, this article shall be paid. in addition, shall show the entire tract or parcel FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-3 Page 324 SUBDIVISIONS being subdivided. For the purposes of this article, respect to use of highways or public roads that tract or parcel shall mean all contiguous land under are existing or proposed. the same ownership, provided that lands located on F. Will provide for adequate sanitary waste and opposite sides of a public or private road shall be storm water disposal and will not cause an considered each a separate tract or parcel of land unreasonable burden on municipal services if unless such road was established by the owner of they are utilized. land on both sides thereof. In these circumstances, G. Will not cause an unreasonable burden on the if the first section of the plat has been recorded ability of the City to dispose of solid waste and within three years after Planning Board approval, sewage if municipal services are to be utilized. approval of the remaining sections of the plat shall H. Will not have an undue adverse effect on remain in effect for five years after Planning Board significant natural resources and other approval. environmentally sensitive resources, as demonstrated by compliance with the Low- 14.4 REVIEW STANDARDS Impact Development standards of the City of 14.4.1 Standards of review Portland Technical Manual, historic sites, or any Before granting approval, the Planning Board shall public rights for physical or visual access to the determine that the proposed subdivision: shoreline. For subdivisions within local historic A. Will not result in undue water or air pollution. districts, the Planning Board shall apply the In making this determination, the Planning standards of Subsection 16.7.3(C). The Planning Board shall at least consider the elevation of Board may request that the Historic land above sea level and its relation to the Preservation Board prepare an evaluation of floodplains; the nature of soils and subsoils and the proposed subdivision based upon the their ability to adequately support waste standards of Subsection 16.7.3(C). disposal; the slope of the land and its effect on I. Is in conformance with the adopted effluents; the availability of streams for disposal Comprehensive Plan. of effluents; and conformity with the applicable J. The subdivider has adequate financial and state and local health and water resources technical capacity to meet the standards of this regulations. subsection. B. Has sufficient water available for the reasonably K. Whenever situated, in whole or in part, within foreseeable needs of the subdivision. the watershed of any pond or lake or within C. Will not cause unreasonable burden on an 250 feet of any wetland, great pond, or river as existing water supply. defined in Title 38, Chapter 3, Subchapter I, D. Will not cause unreasonable soil erosion or Article 2B, will not adversely affect the quality reduction in the capacity of the land to hold of such body of water or unreasonably affect water so that a dangerous or unhealthy the shoreline of such body of water. condition may result. L. Will not, alone or in conjunction with existing E. Will not cause unreasonable highway or public activities, adversely affect the quality or road congestion, or unsafe conditions with quantity of groundwater. 14-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 325 SUBDIVISIONS M. Is or is not in a flood prone area, based on the 14.5 TECHNICAL AND DEVELOPMENT Federal Emergency Management Agency's STANDARDS flood boundary and floodway maps and flood 14.5.1 Technical standards insurance rate maps and/or the City of Portland All subdivisions and associated improvements, Coastal Flood Resilience Overlay Zone, and excluding subdivisions exempted under Section 14.12 information presented by the applicant. If the of this article, shall, in addition to the criteria listed subdivision, or any part of it, is in such an area, herein, adhere to all applicable standards of the City the subdivider shall determine the 100-year of Portland Technical Manual, unless formally flood elevation and flood hazard boundaries waived by the Planning Board. within the subdivision, and/or the applicable SLR-DFE and SLR-BFE per Section 8.1. The 14.5.2 Timing of subdivision improvements proposed subdivision plan must include a The Department of Public Works shall establish the condition of plan approval requiring that sequence in which work is to be accomplished. structures in the subdivision will be Where it is determined by the Public Works constructed in compliance with the provisions Authority that work has been completed prior to of Section 8.1 and Article 12. the receipt of all approvals required by this article, N. Will provide for adequate stormwater or which is out of sequence, or is not in compliance management as demonstrated by compliance with the standards of this section and of Chapter 25, with the stormwater standards of the City of the Public Works Authority may issue a stop work Portland Technical Manual. order. Work shall recommence only after the stop O. Will not have lots with a lot depth-to-shore work order has been lifted by the Public Works frontage ratio greater than 5 to 1 if any lots in Authority. Violation of the stop work order shall be the proposed subdivision have shore frontage considered an offense. on a river, stream, brook, great pond, or coastal wetland as these features are defined in Title 38 14.5.3 Subdivision names § 480-B. For purposes of this measurement, Subdivision names for plats shall be subject to shore frontage shall be the length of a lot approval by the Planning Board and shall not bordering on a water body or wetland duplicate the name of any plat already recorded. measured in a straight line between the intersections of the lot lines with the shoreline. 14.5.4 Streets P. For any proposed subdivision that crosses A. All streets shall be platted along contour municipal boundaries, will not cause elevations which result in minimal grade unreasonable traffic congestion or unsafe changes and ensure the greatest visibility conditions with respect to the use of existing wherever practicable, with consideration given public ways in an adjoining municipality in for anticipated use of the land. Street grades in which part of the subdivision is located. all proposed subdivisions shall be subject to approval by the Public Works Authority. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-5 Page 326 SUBDIVISIONS B. The proposed street layout shall be the City of Portland Code of Ordinances. coordinated with the street system of the Sidewalks to be used by pedestrians are to be surrounding areas. All streets must provide for so located as to minimize contacts with normal the continuation or appropriate projection of automotive traffic. streets in surrounding areas and provide means J. Curbs shall be constructed on each side of each of ingress and egress for surrounding tracts. street. The curbing shall be constructed as C. When connecting streets within residential provided in Chapter 25 of the City of Portland neighborhoods, new streets shall contribute to Code of Ordinances. a neighborhood street system characterized by a network of interconnected streets. The layout 14.5.5 Sewers and storm drains of subdivision lots, streets, and pedestrian ways A. All subdivisions shall be provided with adequate shall promote multiple paths of travel to get to storm drain systems within the subdivision destinations within and between separate from any sanitary sewer system neighborhoods by foot and bicycle, as well as required in Chapter 25 of the City of Portland auto. Code of Ordinances. The design of all sewers D. Reserve strips or spite strips for unspecified or and storm drains shall be subject to approval by unacceptable purposes are prohibited. the Public Works Authority. E. Street right-of-way widths shall be as provided B. Any natural or manmade areas, systems or in Chapter 25 of the City of Portland Code of facilities designated for stormwater control Ordinances and the City of Portland Technical purposes, and intended for City maintenance Manual. All private streets shall be designed by shall, except for detention or retention ponds a professional engineer and shall be built or basins and regularly free flowing according to accepted engineering standards. watercourses, be structurally enclosed in F. Proposed subdivisions along existing, or accordance with the standards of the Public dedicated, or platted streets where rights-of- Works Authority, and shall be dedicated with way are inadequate shall provide additional land sufficient land for maintenance purposes. to meet the minimum standards. Warranty deeds to such areas shall be G. Streets shall not occupy more land than is submitted for acceptance by the City Council at necessary to provide access, nor create the same time as the acceptance of streets. All unnecessary fragmentation of the subdivision such areas as are not intended for City into small blocks. maintenance shall be permanently protected H. All dead-end streets shall provide for a cul-de- and maintained by private agreement, deed sac or, in the case of a dead-end street which covenant or restriction, as appropriate, in form will be extended, a temporary turn around at approved by the Corporation Counsel. the end of the street, subject to the approval of C. The subdivider shall be responsible for the the Public Works Authority. construction of all sewers and storm drains I. Sidewalks shall be constructed on each side of including manholes, catch basins and any other each street in accordance with Chapter 25 of appurtenances as may be deemed necessary by 14-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 327 SUBDIVISIONS the Public Works Authority. All work shall be 14.5.7 Lots completed in accordance with the Department A. Lots shall conform to the provisions of Article 7 of Public Works specifications. and all other relevant provisions of the City of Portland Code of Ordinances. 14.5.6 Blocks B. Where easements for public utilities, storm A. A maximum block length of 800 feet, measured drains, or sanitary sewers are contemplated, from the nearest street lines of intersecting the lot lines shall be located in such a manner streets, shall be observed except where, in the as to facilitate construction of such facilities opinion of the Planning Board, conditions and the maintenance thereof. justify a departure from this standard. In C. Lots which are reserved or laid out for general, block size should be the maximum, business, commercial, or industrial purposes most consistent with the use and shape of the shall have sufficient width and depth to site and the convenience and safety of the accommodate the off-street parking and occupants. loading facilities to be provided. B. In blocks exceeding 800 feet in length, D. Where feasible, side lot lines shall be at right measured from the nearest street lines of angles to street lines (or radial to curving street intersecting streets, the Planning Board shall lines). require, where feasible, the reservation of a 20 foot wide easement to the City through the 14.5.8 Public open space block to provide for the crossing of A. In all subdivisions, open space may be provided underground utilities and pedestrian traffic and for parks, recreation, and other public use. may further specify, at its discretion, that an Where no public open space or recreational accessible foot path be included. areas exist in close proximity to the subdivision, C. The length, width and shape of blocks shall be or where a lack of such areas in the subdivision determined on the basis of: would require its disapproval under Section 1. Provision of adequate building sites 14.4, the Planning Board may require provision suitable to the special needs of the type of of land for park or recreational purposes. Such use contemplated. lands may be designated for public or private 2. Zoning requirements as to lot sizes, ownership in accordance with the conditions setbacks and dimensions. stated in this subsection, subject to the 3. Needs for convenient access, circulation, approval of the Planning Board. control and safety of street traffic. B. If a tract or parcel is intended for public 4. Limitations and opportunities of ownership and is so designated on the topography. subdivision plat, the acceptance of such land D. The foregoing dimensions may be adjusted by shall be first recommended by appropriate City the Planning Board where type of use or departments and the Planning Board, and sent topography requires such modification. to the City Council for final determination. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-7 Page 328 SUBDIVISIONS C. If a tract or parcel is designed or intended to be within the subdivision not otherwise having owned and used in common for recreational or such access. other public or semi-public purposes, and such intent is so designated on the subdivision plat, 14.5.10 Additional requirements for appropriate documents in form approved by nonresidential subdivisions the Corporation Counsel shall be submitted to All nonresidential subdivisions, meaning subdivisions the Planning Board. Such documents shall not intended for human habitation, such as a clearly: commercial or industrial subdivision, must meet the 1. Set forth the nature of the permanent following additional requirements, except as waived organization under which common by the Planning Board: ownership is to be established, including its A. Proposed industrial parcels shall be suitable in purpose, how it shall be governed and area and dimensions to the commercial or administered, the provisions made for industrial development anticipated. permanent care and maintenance of the B. Street rights-of-way and pavement shall be common property for its share of the cost adequate to accommodate the type, weight, of administering and maintaining such and volume of traffic anticipated to be common property. generated. 2. Set forth the extent of common interest C. The design and installation of public utilities, held by the owner of each individual parcel including water, sewers, and storm water in the tract held in common with others. drainage, shall be adequate to accommodate the anticipated usage. 14.5.9 Access to shoreline D. Streets carrying truck traffic shall not normally A. In all subdivisions having shore frontage, be extended to the boundaries of adjacent existing legal rights of public access to the existing or potential residential areas. shoreline shall be preserved. The proposed street layout and circulation plan shall be 14.6 WAIVERS suitably integrated with such existing public 14.6.1 Request for waivers access in a manner that reasonably promotes A waiver of plat requirements or technical the public use of such access. The proposed standards shall be applied for in writing by the street layout and circulation plan shall also be subdivider. The decision of the Planning Board on designed to preserve any legal rights to any such request shall be final. significant water views and scenic vistas from such rights-of-way. 14.6.2 Waiver standards B. In all subdivisions having any lots within the A. Except for the requirements set forth in Shoreland Overlay Zone, legal rights of private Subsection 14.5.4 pertaining to the provision access to waters shall, to the extent reasonably and construction of curbs and sidewalks, the feasible, be established for the benefit of all lots Planning Board, if it finds that extraordinary conditions exist or that undue hardship may 14-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 329 SUBDIVISIONS result from strict compliance with these e. The street has been constructed or regulations, may vary the regulations so that reconstructed without sidewalks substantial justice may be done and the public within the last 24 months. interest secured, provided that such variation f. Strict adherence to the sidewalk will not have the effect of nullifying the intent requirement would result in the loss and purpose of the Comprehensive Plan and of significant site features related to the regulations of this article. landscaping or topography that are B. Where the Planning Board or Planning deemed to be of a greater public Authority finds that, for each of the value. requirements listed in (1) and (2) below, two or 2. Curbing more of the conditions exist with respect to a. The cost to construct the curbing, compliance with the requirements set forth in including any applicable street Subsection 14.5.4 pertaining to the provision opening fees, is in excess of 5% of the and construction of curbs and/or sidewalks, it overall project cost. may waive, in whole or in part, the regulations b. The reconstruction of the street is so that substantial justice may be done and the specifically identified and approved in public interest secured. the first or second year of the current 1. Sidewalks Capital Improvement Program or has a. There is no reasonable expectation for been funded through an earlier CIP or pedestrian usage coming from, going through other sources. to and traversing the site. c. The street has been rehabilitated b. There is no sidewalk in existence or without curbing in the last 60 months. expected within 1,000 feet and the d. Strict adherence to the curb construction of sidewalks does not requirement would result in the loss contribute to the development of a of significant site features related to pedestrian oriented infrastructure. landscaping or topography that are c. A safe alternative-walking route is deemed to be of a greater public reasonably and safely available, for value. example, by way of a sidewalk on the e. Runoff from the development site or other side of the street that is lightly within the street does not require traveled. curbing for stormwater management. d. The reconstruction of the street is C. In no event shall the waiver have the effect of specifically identified and approved in creating potentially hazardous vehicle and the first or second year of the current pedestrian conflict or nullifying the intent and Capital Improvement Program or has purpose and policies of the Comprehensive been funded through an earlier CIP or Plan relating to transportation and pedestrian through other sources. infrastructure and the regulations of this article. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-9 Page 330 SUBDIVISIONS 14.6.3 Modifications approved by Public Works extended beyond its original expiration date, then If at any time before or during the construction of an additional inspection fee in an amount to be the required improvements the subdivider determined by the City shall be required. demonstrates to the satisfaction of the project engineer and the Public Works Authority that 14.7.3 Establishing the performance guarantee unforeseen conditions make it necessary or amount preferable to modify the design of the required A. The performance guarantee shall be equal in improvements, the Public Works Authority may value to 100% of the estimated cost of the authorize modifications provided that the required subdivision improvements as shown modifications do not amount to a waiver or on the approved subdivision plat, as a condition substantial alteration of the function of any of Planning Board approval, as required in the improvements required by the Planning Board. City of Portland Code of Ordinances, and/or as required by the City of Portland Technical 14.6.4 Conditions Manual. In granting waivers and modifications, the Planning B. The performance guarantee amount shall be Board may require such conditions as will, in their estimated by the applicant or representative on judgment, secure substantially the objectives of the a form provided by the City and shall be standards or requirement so waived or modified. submitted for review and approval to the Planning Authority. Costs to be included in the 14.7 GUARANTEES AND ASSOCIATED FEES estimate, and which shall be covered by the 14.7.1 Performance guarantee required performance guarantee include items such as Following subdivision approval and prior to the street and sidewalk improvements including release of the signed recording plat, the subdivider street lights, monuments, curbing, ramps, shall post with the City a performance guarantee in detectible warning panels, and striping; earth the form and amount specified herein, specifying work and grading; utilities infrastructure and the completion of the required subdivision connections including sewer, stormwater, and improvements within two years from the origination water service; exterior site lighting; erosion date of such guarantee. In no case shall the term of control measures as shown on the approved such guarantee be for a period of less than one erosion and sedimentation control plan; open year, nor shall any performance guarantee expire space and recreation amenities; and final site between October 30 and April 15 of the following stabilization and landscaping. year. C. The Planning Authority may waive all or any portion of this requirement if it determines 14.7.2 Inspection fees that the subdivider has a proven record of At the same time that the developer posts a satisfactory performance and sufficient performance guarantee, the developer shall also pay financial capability. to the City an inspection fee as determined by the City Council. If a performance guarantee is 14-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 331 SUBDIVISIONS 14.7.4 Phased projects 14.7.7 Acceptable forms for the performance If a project is reviewed and approved as a phased guarantee project, the corresponding performance guarantee The performance guarantee, in the amount may also be phased. A separate performance approved by the Planning Authority, shall be a letter guarantee shall be posted for each phase. Each of credit, an escrow account with a responsible phase of such project shall be independent of financial institution, or the deposit to the City of subsequent phases and shall conform to all Portland Finance Department and shall be in standards of this article in the event that conformance with the templates and forms made subsequent phases do not go forward. available by the City. If the performance guarantee is a deposit to the City, the City shall hold such 14.7.5 Advanced site work funds in a noninterest-bearing account until criteria On a case-by-case basis, permission for advanced for performance guarantee release have been site work may be granted by the Planning Authority. satisfied. The performance guarantee shall be in the Such permission is solely within the discretion of name of the City and shall be approved by the the Planning Authority. Finance Director as to financial sufficiency and the Corporation Counsel as to proper form and legal 14.7.6 Alterations to pending subdivisions sufficiency. Alterations may be made to a site with a pending subdivision application if: 14.7.8 Reductions of the performance guarantee A. At minimum, a performance guarantee for the A. Up to three times during the construction of a proposed site alterations has been posted and project, upon request of the subdivider, a final plans have been submitted to the Planning performance guarantee may be reduced by the Authority. value equal to the estimated cost of the B. Written permission has been received from the completed improvements. In no case shall any Planning Authority that such site alterations may performance guarantee be reduced by any line proceed pending subdivision approval. Such item on the cost estimate where improvements permission is solely within the discretion of the remain to be completed. Requests shall be Planning Authority and shall be granted only submitted on a form provided by the City for after submission of a written request setting review and approval by the Planning Authority. forth the work proposed to be done on the site. B. In no case shall any performance guarantee be All such work shall be done in compliance with reduced to an amount equal to or less than the information provided with the subdivision required defect guarantee until all criteria set application. An erosion control plan shall also be forth for converting to the defect guarantee submitted when deemed necessary by the have been met, as approved by the Planning Planning Authority. Such written permission shall Authority. not be required when the only work proposed is the digging of test pits. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-11 Page 332 SUBDIVISIONS 14.7.9 Extension of the performance guarantee roadway extension and any other If the Planning Authority and/or the Public Works improvements intended for City maintenance. Authority has reasonable doubt concerning the C. Upon the satisfactory completion of the stability or proper construction of the required site required site improvements and satisfactory improvements, the developer shall be required to compliance with all conditions of approval reconstruct or otherwise address the issues to the including the submission of as-built drawings as City’s satisfaction. If the performance guarantee is applicable, the Planning Authority shall scheduled to expire before the extent or necessity authorize, in writing, conversion to the defect for such further work can be determined, the guarantee. The defect guarantee shall be 10% developer shall be required to extend the of the original performance guarantee amount performance guarantee covering such and shall remain in place for a period of one improvements, or secure a new guarantee, for a year. The defect guarantee shall ensure the period and amount deemed necessary by the workmanship and the durability of all materials Planning Authority and/or the Public Works used in the construction of the required site Authority. improvements. The Planning Authority may authorize the defect guarantee to be released 14.7.10 Release of the performance guarantee at any time within the one-year period, A. No performance guarantee shall be released provided all required site improvements have until all fees generated by the project are paid been constructed and in-place for one year or to the City, including but not limited to more and the workmanship and the durability engineering, inspection, and administrative fees. of all materials has been inspected and The guarantor shall not be released from the confirmed to be satisfactory. guarantee except and until authorized in writing from the Planning Authority. 14.7.11 Improvements required prior to release B. For subdivisions, no performance guarantee of guarantee shall be released until the Public Works Prior to the release of the performance guarantee, Authority has performed a final inspection of the subdivider shall have completed the following the roadway and determined satisfactory improvements: completion of the required improvements. A. All streets shall be graded in conformity with Additionally, no performance guarantee shall be the requirements set out in Section 14.5 and in released until the City is in receipt of a petition accordance with Chapter 25 of the City of for street acceptance, deemed complete and Portland Code of Ordinances. satisfactory by Corporation Counsel and/or the B. On all streets, side streets, and alleys, a suitable Public Works Authority. The petition for street hard surfaced permanent pavement shall be acceptance must include a warranty deed (with installed meeting the requirements set forth in metes and bounds description) to the property Chapter 25 of the City of Portland Code of within each street of the subdivision or Ordinances. 14-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 333 SUBDIVISIONS C. Water, gas, sanitary sewer mains, and storm escrow account with a responsible financial drains shall be constructed prior to the institution, or the deposit to the City of Portland installation of paving with all mains being finance department and shall be in conformance extended from all lots having sufficient stub with the templates and forms made available by the outs to avoid subsequent breaking of City. If the defect guarantee is a deposit to the City, pavement. the City shall hold such funds in a noninterest- D. Sidewalks and curbs shall be constructed as bearing account until criteria for performance required in Section 14.5. guarantee release have been satisfied. The E. Adequate storm drains shall be constructed performance guarantee shall be in the name of the subject to the provisions of Section 14.5 and in City and shall be approved by the Finance Director accordance with the Public Works Authority as to financial sufficiency and the Corporation specifications. Counsel as to proper form and legal sufficiency. F. A total of two trees per lot shall be street trees, planted near the street line in full public view 14.7.13 Use of the performance guarantee on private property, as directed by the City In the event that a development site is abandoned Arborist. Existing healthy trees may be credited or the site improvements do not meet City toward this requirement, subject to the standards as approved in the subdivision plat, the approval of the City Arborist. performance guarantee may be utilized to stabilize, G. Permanent markers shall be set as prescribed secure, complete construction, and/or restore the by the Public Works Authority. site as may be necessary, including, but not limited H. All utility lines shall be placed underground to, revegetation of areas, grading, and fencing. unless otherwise approved by the Planning Board. 14.8 CONSTRUCTION RECORDS AND I. Street lighting shall be installed in accordance INSPECTION with the standards of the Public Works 14.8.1 Inspection of construction Authority. The City shall have the right to enter and inspect J. A public water supply shall be installed subject the construction site during all phases of the to the approval of the Portland Water District. project to ensure compliance with this article. K. Erosion control measures shall be taken both during and after construction in accordance 14.8.2 Required construction records with the standards of the Public Works After approval of the subdivision plat and prior to Authority. the construction of any of the subdivision's public improvements, the subdivider shall supply the City 14.7.12 Acceptable forms for the defect Engineer with a complete set of engineering guarantee drawings showing all streets, sanitary sewers, and The defect guarantee, 10% of the original surface water drains, and all appurtenant work performance guarantee amount approved by the within the subdivision. Planning Authority, shall be a letter of credit, an FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-13 Page 334 SUBDIVISIONS 14.9 TRANSFER OF OWNERSHIP 14.11 VACATION OF PLATS The purchasing party or other succeeding owner of Any such plat recorded, or any portion thereof, may a subdivision for which a recording plat has received be vacated with the consent of the City Council as prior approval, but which has not yet been accepted follows: by the City, shall assume full responsibility for A. At any time before the sale of any lot therein, completion of the subdivision's improvements until by written instrument, signed by the City and the subdivision street or streets are accepted by the the owners of such subdivision, declaring the City. The purchaser or other succeeding owner of same to be vacated and describing therein the an unaccepted subdivision shall be required to part or portion to be so vacated. comply with all the provisions of this article as if he B. At any time after the sale of any lot therein and were the original subdivider, and shall become by written instrument, signed by the City and all responsible for completing such improvements in owners of record of lots shown on the plat, the same manner as the original subdivider. declaring the same to be vacated and describing therein the part or portion to be so 14.10 PLAT AMENDMENTS vacated. The Planning Authority may approve alterations to C. Any instrument so executed vacating all or a an approved recording plat when all of the following portion of any plat shall be duly filed and conditions are met. Otherwise, a new subdivision recorded in the Cumberland County Registry of plat must be submitted to the Planning Board: Deeds. The execution and recording of the A. The rearrangement of lot lines does not instrument described in (B) above shall vest fee increase the number of lots within a block or simple title to the centerline of the street, alley other subdivision unit or area. or easement for public passage so vacated in B. The alteration will not affect any street, alley, the owners of abutting properties. Title to utility easement or drainage easement. property located within the vacated streets, C. The alteration meets all of the minimum alleys, or easements for public passage shall requirements of this Land Use Code and other pass to abutting property owners free and clear applicable state and local codes. of any rights of the public or other owners of D. The alteration is approved by the Public Works lots shown in the plan, but subject to the rights Authority and the Fire Department. of the owners of any public utility installations Such approved alterations shall be properly which have been previously erected therein. recorded in the registry within 30 days thereof or they shall be null and void. Recording of approved 14.12 EXEMPTIONS alterations also shall be in accordance with the 14.12.1 Subdivisions prior to 1979 requirements of 30-A M.R.S. § 4406. This article does not apply to subdivisions approved prior to June 6, 1979, nor to subdivisions in existence prior to June 6, 1979, nor to subdivisions which have been legally recorded in the Registry of Deeds prior to June 6, 1979. 14-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 335 SUBDIVISIONS 14.12.2 Division by demise, condemnation, order, or gift A division accomplished by demise; condemnation; order of court; gift to a person related to the donor by blood, marriage, or adoption, unless the intent of such gift is to avoid the objectives of this article; or by transfer of any interest in land to the owner abutting thereon shall not be considered to create a lot or lots for purposes of this article. 14.13 APPEALS An appeal from any final decision of the Planning Board regarding subdivision approval may be taken by the applicant or their authorized agent to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-15 Page 336 IMPACT FEES 15 IMPACT FEES Impact Fee Study. If the proposed development is of a type not listed in the impact fee schedule, then 15.1 PURPOSE the impact fees applicable to the most nearly The purpose of this article is to ensure that new comparable type of land use listed in the impact fee development in the City of Portland bears a schedule shall be used. proportional or reasonably-related share of the cost of new, expanded, or replacement infrastructure 15.3.3 Mixed use development necessary to service that development through the In the event that there is more than one use within payment of impact fees dedicated to funding a building, impact fees shall be calculated separately improvements made necessary by development, or for each use. the construction of improvements as provided for herein. This ordinance is enacted pursuant to the 15.3.4 Redevelopment authority of 30-A M.R.S. § 4354 and 30-A M.R.S. § In calculating the impact fee for a new building that 3001. involves the full or partial demolition of a building housing an existing, legally established use or uses, 15.2 APPLICABILITY such new building shall be credited with an amount The following shall be subject to impact fees, with equal to the fee that would have been charged to the exception of municipal buildings, which shall be the use or uses which occupied the structure at the considered exempt: time of demolition permit. If the impact fee A. Any new building or addition to existing calculation for the post-development condition is buildings which results in net new residential greater than the credit, the applicant shall pay the dwelling units, nonresidential building square difference. If the impact fee calculation for the footage, or water/wastewater meters, and post-development condition is less than the credit, B. Any change of use which results in a net then the applicant shall not be required to pay an increase in impact fee per Subsection 15.3.6. impact fee. The City shall not grant credits for demolitions for which a permit was issued more 15.3 CALCULATION OF IMPACT FEE than 10 years prior to the complete application for a 15.3.1 In general building permit. Impact fees shall be calculated based on the impact fee schedule in effect at the time of submittal of a 15.3.5 Building additions complete application for a building permit. In calculating the impact fee for building additions, each developed property shall be credited with an 15.3.2 Determination of use amount equal to the fee that would have been The determination of the applicable land use charged to the existing use at the time of the category in the impact fee schedule shall be made addition of floor area. If the impact fee calculation by the Department of Permitting and Inspections for the post-development condition is greater than with reference to the City of Portland’s most recent FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 15-1 Page 337 IMPACT FEES the credit, the applicant shall pay the difference. If less than the credit, then the applicant shall not be the impact fee calculation for the post- required to pay an impact fee. development condition is less than the credit, then the applicant shall not be required to pay an 15.4 ANNUAL ADJUSTMENT OF IMPACT FEE impact fee. To account for inflation, there shall be an automatic annual increase in the impact fee schedule reflected 15.3.6 Changes of use in this ordinance every January 1 based on the In calculating the impact fee for changes of use, change in the construction cost index as published each developed property shall be credited with an by Engineering News Record. The fee adjustment amount equal to the fee for the use in the highest shall be calculated by dividing the index amount fee category that has existed on the developed published on January 1 of the current year by the property within the previous 10 years. If the impact index amount published on January 1, 2018 and fee calculation for the proposed use is greater than multiplying the resulting ratio by each fee amount. the credit, the applicant shall pay the difference. If Annual adjustments shall be made available for the impact fee calculation for the proposed use is public reference. TABLE 15-A: PARKS & RECREATION AND TRANSPORTATION IMPACT FEE SCHEDULE1 Land Use Type Unit of Measure Parks/Recreation Impact Fee Transportation Impact Fee Single-family/Two-family per unit $1,126 $2,159 Three-/Four-/Multi- per unit $752 $1,023 family Retail/Service per 1,000 SF GFA $534 $8,248 Office per 1,000 SF GFA $677 $2,800 Industrial per 1,000 SF GFA $363 $1,130 Institutional per 1,000 SF GFA $645 $3,082 Hotel/Motel per room $875 $2,404 1 Land use types included impact fee schedule correspond to those in the City’s most recent Impact Fee Study. TABLE 15-B: WASTEWATER IMPACT FEE SCHEDULE Meter Size Capacity Ratio Impact Fee 5 /8 inch 1.00 $1,886 ¾ inch 1.50 $2,829 1 inch 2.50 $4,715 1 ½ inches 5.00 $9,430 2 inches 8.00 $15,088 3 inches 16.00 $30,176 6 inches 50.00 $94,300 8 inches 80.00 $150,880 15-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 338 IMPACT FEES 15.5 MODIFICATION OF IMPACT FEES that documentation is provided to demonstrate 15.5.1 Equivalent improvements that a proposed use will impose no or substantially- A. A required impact fee may be modified, in reduced demands on capital facilities for which whole or in part, by the Planning Authority if impact fees have been adopted. Such the Planning Authority finds that: documentation shall be prepared by a licensed 1. The developer or property owner who professional engineer or other qualified would otherwise be responsible for the professional and include a written analysis of the payment of the impact fee voluntarily demand for capital facilities generated by the agrees to make infrastructure proposed use based on industry standards and the improvements for which the impact fee most recent Impact Fee Study. Documentation would be collected or an equivalent shall be submitted at the time of site plan, improvement approved by the reviewing subdivision, or building permit application. The authority, or applicant shall pay for any third-party review of 2. The developer or property owner is plans, details, or cost estimates. required, as part of a development approval by the City or a state or federal 15.6 REDUCTION IN FEES FOR AFFORDABLE agency, to make or to pay for HOUSING infrastructure improvements for which the Any residential development including low-income impact fee would be collected or an or workforce housing units and qualifying as an equivalent improvement. eligible project under Subsection 17.2.2 shall receive B. Credit amounts shall be determined based on a reduction of fees in accordance with Subsection plans, details, and cost estimates for the 17.2.2. proposed infrastructure improvements for which the credit is requested. Such plans, 15.7 COLLECTION OF IMPACT FEE details, and cost estimates shall be prepared by The City of Portland shall not issue any certificate of a licensed professional engineer and submitted occupancy required under the Land Use Code until at the time of site plan, subdivision, or building the applicant has paid any impact fees required by permit application. The applicant shall pay for this ordinance. any third-party review of plans, details, or cost 15.8 SEGREGATION OF IMPACT FEES FROM estimates. On-site or immediately adjacent GENERAL REVENUES improvements providing direct service to a site Impact fees collected pursuant to this ordinance as required under subdivision or site plan shall be maintained in separate, non-lapsing impact regulations shall not be considered eligible fee accounts for each of the facilities for which under this subsection. impact fees are assessed, and shall be segregated from the City’s general revenues. These accounts 15.5.2 Substantially-reduced demand shall be dedicated for funding of the improvements The Planning Authority may modify the payment of for which the fee is collected, as determined a required impact fee, in whole or in part, if it finds through the City’s most recent Impact Fee Study. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 15-3 Page 339 IMPACT FEES Funds from these accounts shall be distributed to 15.11 REVIEW AND REVISION City departments solely for the purpose of capital The impact fees established in this ordinance are projects identified in the City of Portland’s most based upon the best estimates of the costs of the recent Impact Fee Study. construction of the facilities for which the fees are collected as determined through the City’s most 15.9 USE OF IMPACT FEES recent Impact Fee Study. The Council may, by Impact fees collected by the City pursuant to this amendments to this ordinance, change the amounts ordinance may be used only for financing facility of the impact fees from time to time as warranted improvements which the City Council, through the by new information or changed circumstances. City of Portland’s most recent Impact Fee Study, has determined are made necessary by new 15.12 ADMINISTRATIVE RULES AND REGULATIONS development. The City Council has determined that The Planning Board is hereby authorized to develop fees imposed by schedules in this ordinance are rules and regulations governing the administration reasonably related to the demands created by new of impact fees collected pursuant to this ordinance. development. Impact fees collected pursuant to this ordinance shall be used exclusively for capital improvements, and the City of Portland shall expend funds collected from impact fees solely for the purposes for which they were collected. 15.10 REFUND OF UNUSED IMPACT FEES Impact fees collected pursuant to this ordinance shall be used by the City according to the schedules for the completion of specific capital improvements as specified in the City of Portland’s most recent Impact Fee Study, but in no event later than ten years after the date upon which the impact fee was collected. Any impact fees which are not so used and any impact fees collected which exceed the City’s actual costs of implementing the infrastructure improvements for which such fees were collected shall be refunded. Refunds shall be paid to the owner of record of the property for which the impact fee was collected, determined as of the date the refund is made. 15-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 340 HISTORIC PRESERVATION 16 HISTORIC PRESERVATION prominence. Landmarks may be in or outside of historic districts or historic landscape districts. 16.1 PURPOSE B. Historic district. A geographically defined area The purpose of this article is to promote the possessing a significant concentration, linkage, educational, cultural, economic, and general welfare or continuity of buildings, structures, sites, or of the City of Portland by: objects united by past events, culturally, or A. Creating a mechanism to survey, identify, aesthetically by design, plan, or physical historically designate, and protect buildings, development. The defined area may comprise structures, objects, sites, and areas of historic, individual elements separated geographically cultural, architectural, and archaeological but linked by association or history. significance consistent with the National C. Historic landscape district. A geographically Register of Historic Places and the Secretary of defined area possessing a significant the Interior's Standards and Guidelines for concentration, linkage, or continuity of natural Archeology and Historic Preservation; or man-made landscape components including B. Establishing standards for review of alterations buildings, structures, sites, or objects which are and new construction affecting historic united by past events, culturally, or aesthetically designations consistent with the Secretary of by design, plan or physical development. The the Interiors Standards for the Treatment of defined area shall be owned in its entirety by a Historic Properties; unit of federal, state, or local government, or C. Encouraging compatible rehabilitation and new any combination of such ownership at the time construction affecting historic designations, of nomination. preventing the unnecessary loss of the community's significant character without 16.2.2 Criteria for historic designation stifling change and development; A. Any building, structure, object, site, or area D. Providing a resource of information and nominated for historic designation must be expertise to help those interested in historic found to demonstrate significance under at designation, and rehabilitation or new least one of the following: construction affecting historic designations; 1. Significant aspect of heritage. Value as a and significant example of the cultural, historic, E. Fostering civic pride in the city's history as architectural, archaeological, or related represented in the city’s historic designations. aspect of the heritage of the City of Portland, State of Maine, New England 16.2 HISTORIC DESIGNATIONS region, or United States. 16.2.1 Categories of historic designations 2. Significant events or activities. Location as A. Landmark. A discrete building, structure, a site of a significant historic, prehistoric, object, or site and any associated area found to or cultural event or activity. have particular or individual significance or 3. Significant persons. Identification with a person or persons who significantly FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-1 Page 341 HISTORIC PRESERVATION contributed to the cultural, historic, National Register of Historic Places Bulletins in architectural, archaeological, or related interpreting and applying the criteria for aspect of the heritage of the City of historic designation under Subsections Portland, State of Maine, New England 16.2.2(A) and (B). region, or United States. 4. Significant design or construction. Embody 16.2.3 Classifications within historic the distinctive characteristics of a designations significant type, style, design, period, or A. The buildings, structures, objects, and sites method of construction. within a historic designation may be classified 5. Significant designer. Identification as a as contributing or noncontributing. significant example of the work of an B. A contributing classification shall only be architect, designer, engineer, or builder applied to a building, structure, object, or site whose individual work is significant in the which: history or development of the City of 1. Was built at least 50 years prior to the date Portland, State of Maine, New England of district designation, or was built within a region, or United States. period of significance specified in the 6. Significant theme. Representation of a nomination for historic designation; significant cultural, historic, architectural, 2. Is found to have a relationship with or archaeological, or related theme expressed physically embody the qualities that give through distinctive areas, sites, structures, the historic designation cultural, historic, or objects that may or may not be architectural, or archaeological contiguous. significance as embodied in the criteria for B. Any nominated building, structure, object, site historic designation from Subsection or area must also be found to retain sufficient 16.2.2(A) specified in the nomination for integrity of location, design, setting, materials, historic designation; and workmanship, feeling, and association to 3. Retains sufficient integrity to communicate convey its significance with respect to the that significance as defined in Subsection applicable criteria for historic designation as 16.2.2(B). defined in Subsection 16.2.2(A). C. Where a landmark overlaps with a historic C. The Planning Board and City Council shall apply district or historic landscape district, the the criteria for historic designation of contributing buildings, structures, objects, and Subsections 16.2.2(A) and (B) above, the sites of the landmark shall be classified as historic preservation goals included in the contributing to the historic district or historic Comprehensive Plan, and may consider the landscape district. effect of such historic designation on other D. If a building, structure, object, or site does not aspects of the Comprehensive Plan of the City. meet Subsection 16.2.3(B) or (C) it shall be D. The Historic Preservation Board, Planning classified as noncontributing. Board, and City Council may refer to the 16-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 342 HISTORIC PRESERVATION 16.3 NOMINATION, CONSIDERATION, AND sponsorship of the nomination to the HISTORIC DESIGNATION Planning Authority. 16.3.1 Procedure C. Upon nomination, the Planning Authority shall The provisions of this section shall govern the notify the owner(s) of the subject property or nomination, consideration, and designation of properties. landmarks, historic districts, and historic landscape D. A nomination shall be diligently pursued from districts. the date of submission. Nominators shall provide additional information as requested by 16.3.2 Nomination of a historic designation the Planning Authority or Historic Preservation A. Nomination of a historic designation shall be Board when determined to be reasonably submitted to the Planning Authority in writing. necessary to make any determination required Nominations shall include the following by this article. Failure of nominators to provide information: a response to the request for additional 1. A statement of how the proposed historic information within 120 days of the date upon designation meets the criteria for historic which the written request was made shall cause designation under Subsections 16.2.2(A), the nomination to expire. (B), and (C). E. Withdrawal of nominations shall only be at the 2. A map showing the location and proposed consent of all parties who submitted the boundaries of the historic designation. nomination. Consent to withdraw a nomination 3. A draft list of the constituent buildings, shall be submitted in writing to the Planning structures, objects, and sites, indicating Authority. their degree of cultural, historic, architectural, or archaeological 16.3.3 Historic Preservation Board review and significance and their classification as recommendation contributing or noncontributing within the A. A public hearing on the nomination shall be proposed historic designation. held by the Historic Preservation Board B. Nominations may be submitted by: following one or more workshops conducted in 1. Any two members of the Historic accordance with procedures adopted by the Preservation Board on their own initiative; Historic Preservation Board. 2. The Planning Authority; B. The Historic Preservation Board shall consider 3. In the case of a landmark, one or more all testimony or evidence relating to the owners of the affected property; or nomination from any person who makes 4. In the case of a historic district or historic written submissions or appears at a workshop landscape district, one or more owners of or public hearing. The owner of a nominated an affected property, provided a minimum property shall be allowed reasonable of two members of the Historic opportunity to present testimony or evidence Preservation Board submit written concerning the applicability of the criteria for historic designation in Subsection 16.2.2. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-3 Page 343 HISTORIC PRESERVATION C. If the Historic Preservation Board finds that member designated by the chair, appear at a documentation and analysis necessary for the meeting to explain the recommendation or consideration of the nomination has not been report. provided as part of the nomination, such D. Following the close of the public hearing, the documentation shall be provided prior to Planning Board shall make a recommendation further consideration by the Historic to the City Council upon the evidence as to Preservation Board. whether the nomination meets the criteria for D. Following the close of the public hearing, the historic designation in Subsection 16.2.2. Such Historic Preservation Board shall make a recommendation shall be accompanied by: recommendation to the City Council in the 1. The report of the Historic Preservation case of a landmark, or to the Planning Board in Board. the case of a historic district or historic 2. A report containing findings by the landscape district, as to whether the nominated Planning Board as to whether the criteria buildings, structures, objects, sites, or areas for historic designation in Subsection 16.2.2 meet the criteria for historic designation in have been met, as well as any Subsection 16.2.2. Such recommendation shall recommended changes to the scope of the be accompanied by a report containing findings nomination. by the Historic Preservation Board as to whether the criteria for historic designation in 16.3.5 City Council consideration Subsection 16.2.2 have been met, as well as any A. Following the receipt of a Historic Preservation recommended changes to the scope of the Board recommendation and report in the case nominated historic designation. of a landmark nomination, or Planning Board recommendation and report in the case of a 16.3.4 Planning Board review and historic district or historic landscape district recommendation nomination, the City Council shall approve or A. The Planning Board shall hold a public hearing reject the historic designation. to review the nomination of a historic district B. The designating order shall include a map of or historic landscape district and the the location and boundaries of the historic recommendation from the Historic designation, and be accompanied by a list of Preservation Board. The Board may hold one buildings, structures, objects, and sites within or more workshops prior to the public hearing. the historic designation including their location B. All meetings, hearings, and deliberations of the or address and classification as contributing or Planning Board to consider the nomination, and noncontributing under Subsection 16.2.3. recommendation and report of the Historic C. Notice of City Council action shall be sent to all Preservation Board shall be held in conformity owners of property within the boundaries of a with Article 2. historic designation within 30 days following C. The Planning Board may request that the chair the City Council action. of the Historic Preservation Board, or a 16-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 344 HISTORIC PRESERVATION D. A record of the historic designation, maps of 16.3.7 Amendment or rescission of designation the historic designation boundary, and copies A. Amendment shall be defined as a change to the of all nominations and reports shall be historic designation boundary or maintained by the Planning Authority and be reclassification of a building, structure, object, made available to the public online and during or site as contributing or non-contributing in its ordinary business hours. entirety. B. Rescission shall be defined as the complete 16.3.6 Designation removal of a historic designation. A. Upon designation, all buildings, structures, C. Amendment or rescission of any historic objects, and sites within the boundary of the designation shall be upon the request of a historic designation shall be subject to the person or persons authorized to nominate the provision of this article. property or properties affected as set forth in B. Demolition, including any act or process that Subsection 16.3.2, or upon request of the City totally destroys any contributing building, Council. Such requests shall be submitted in structure, object, or site shall be prohibited, writing to the Planning Authority. with the exception of: D. Amendment or rescission shall follow the 1. Any building, structure, object, or site procedure set forth in Section 16.3 for which has been ordered demolished by the designation. The standards for rescission or municipal officers or a court, in amendment applied by the Historic accordance with 17 M.R.S. § 2851 et seq., its Preservation Board, Planning Board, and City equivalent, as it may be amended from Council shall be limited to those provided in time to time, or Subsection 16.2.2 (A) and (B). Amendments 2. Any building, structure, object, or site may include reclassification of a portion of a which has been partially destroyed and is contributing property to noncontributing determined by the Planning Authority to status, refinement or correction of design represent an immediate hazard to the guidelines, maps, and other parts of any public health or safety, which hazard designation. cannot be abated by reasonable measures specified by the Planning Authority, 16.3.8 Presumption of contributing including without limitation securing classification apertures and/or erecting fencing. Where the historic designation does not specify the 3. Any building, structure, object, site, or classification of a building, structure, object, or site, portion thereof which was approved for there shall be a presumption that the building, demolition under a certificate of economic structure, object, or site is contributing, unless: hardship under Section 16.7. A. Documentation can be provided to the Planning Authority that the building, structure, object, or site was constructed within 50 years FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-5 Page 345 HISTORIC PRESERVATION of or after the date of historic designation, or A. The Historic Preservation Board has held a after the stated period of significance; public hearing at the request of the owner of a B. The Historic Preservation Board holds a public building, structure, object, or site and has found hearing and finds that the building, structure, that the building, structure, object, or site in object, or site has no significance relating to question would be recommended to be the criteria for historic designation under classified as noncontributing to the nominated Subsection 16.2.2(A) referenced in the historic designation and shall be eligible for a nomination for the historic designation, or demolition permit. The determination of the reports of the Historic Preservation Board, Historic Preservation Board that the building, Planning Board or City Council; or structure, object, or site is eligible for a permit C. The Historic Preservation Board holds a public shall be conclusive; or hearing and finds that the building, structure, B. The owner has received a certificate of object, or site has been lawfully substantially economic hardship under Section 16.7. altered within 50 years of or after the date of historic designation, or after the stated period 16.5 REVIEW PROCESS FOR HISTORIC of significance, such that it lacks integrity as PRESERVATION APPROVAL defined under Subsection 16.2.2(B). 16.5.1 Applicability A historic preservation approval shall be required 16.4 INTERIM PROTECTION FOR NOMINATED prior to undertaking any new construction, HISTORIC DESIGNATIONS additions, exterior alterations, site alterations, 16.4.1 Maintenance signage, or the relocation of buildings, structures, or From the time of submission of a complete objects affecting any property within the nomination as set forth under Subsection 16.3.2 boundaries of a historic designation as identified in until the City Council acts upon such nomination, Table 16-A. Historic preservation approval shall also the nomination is withdrawn, or the nomination be a condition precedent to the issuance of any expires, all buildings, structures, objects, or sites permit authorizing any such work as noted above. nominated but not yet designated shall be subject Notwithstanding the above, the following activities to the provisions of Sections 16.8 governing shall be considered exempt: maintenance, to the same extent as if designated. A. Work consisting solely of ordinary maintenance, being acts of upkeep or repair 16.4.2 Protection from demolition which do not include a change in the design, From the time of submission of a complete material, or outer appearance of a building, nomination as set forth under Subsection 16.3.2 structure, object, or site such as repainting of until the City Council acts upon such nomination, previously painted surfaces or in-kind the nomination is withdrawn, or the nomination replacement of materials or plantings. expires, all demolition permit applications for any B. Work consisting solely of emergency repair of a building, structure, object, or site nominated but temporary nature. not yet designated shall be denied unless: 16-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 346 HISTORIC PRESERVATION C. Work approved under a valid certificate of 1. Exterior units are installed at least 30’ from economic hardship. public rights-of-way or behind the street- D. Work where the Planning Authority determines facing facades of the associated building or that the proposed exterior changes are not structure, whichever is a greater distance, readily visible at pedestrian heights from any and public way or public open space. 2. Any associated line hides, conduit, vents, and E. Installation of new public artworks approved or other equipment or penetrations are not acquired through the City of Portland Public installed on street-facing facades. Art Program. J. Installation of temporary buildings, structures, F. Changes in plantings or vegetation outside of or objects for a period of less than eight historic landscape districts and minor changes consecutive months, unless such installation in plantings or vegetation within historic otherwise meets a threshold for review landscape districts. established in Table 16-A. G. Alterations to existing grave markers or tombs K. Demolition of non-contributing buildings, made for the purpose of recognizing additional structures, objects, or sites. decedents or installation of grave markers or L. Relocation of non-contributing buildings, tombs recognizing new interments within an structures, or objects to a property outside any existing cemetery. historic designation boundary. H. Roof-mounted solar energy systems where the M. Interior work of any kind. system: 1. Is consistent with all other city 16.5.2 Review classifications requirements, A. Applications shall be subject to administrative 2. Is installed reversibly with no damage to or Historic Preservation Board review any historic roofing materials, according to the classifications in Table 16-A. 3. Is not installed on street-facing roof planes B. The Planning Authority may, due to the scope on landmarks or contributing buildings or or anticipated impacts of a project, reclassify an structures, and administrative review to a Historic Preservation 4. Any associated electrical equipment is not Board review. installed on street-facing facades. C. At any point in the review process, an applicant I. Ground-mounted heat pumps and HVAC may request that the Planning Authority equipment where: reclassify the application from administrative to Historic Preservation Board review. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-7 Page 347 HISTORIC PRESERVATION TABLE 16-A: HISTORIC PRESERVATION REVIEW CLASSIFICATIONS Administrative Review Board Review New construction and additions ≤ 500 SF > 500 SF Dormer additions1 Affecting ≤ 40% of roof area (in SF) Affecting > 40% of roof area (in SF) Minor alterations All -- Alterations to ≤ 25% of any façade, or where work contributing buildings, Major alterations is based on clear documentation of > 25% of any facade structures, or objects2 the historic appearance Alterations to Minor alterations All -- noncontributing, buildings, structures, or Major alterations ≤ 40% of any facade > 40% of any facade objects2 Site alterations3 All -- Signage All -- Relocation of buildings, structures, or objects4 ≤ 500 SF > 500 SF 1 Dormer additions include any increase in volume which does not interrupt the ridges, eaves, or rakes of an existing building or structure. 2 Minor alterations include small or routine changes such as required by building code or modern convenience which result in minimal change in exterior appearance of an existing building, structure, or object. Major alterations include changes to existing or introduction of new details or features which affect the scale, form, proportion of openings, ratio of solid to void, rhythm or placement of entrances, color or texture of materials, or relationship to the street of an existing building, structure, or object. 3 Site alterations include the construction of permanent features such as fences and retaining walls, regrading, hardscaping, and the installation of exterior utilities. 4 Relocations include the moving of a building, structure, or object on its site or to another site. 16.5.3 Historic Preservation pre-application 16.5.4 Applications meeting Application for historic preservation review shall be Applicants are encouraged to schedule a historic made on a form prepared by the City and submitted preservation pre-application meeting with the to the Planning Authority along with the applicable Planning Authority prior to applying for historic fee. Upon receipt of an application and fee, the preservation review. The purpose of this meeting is Planning Authority shall determine whether the to familiarize the applicant with the City of Portland application is complete and the level of review Historic Preservation submittal requirements, required per Table 16-A. applicable review standards, and to confirm the level of review required. A pre-application meeting 16.5.5 Costs does not confer pending proceeding status under All projects shall be subject to fees as established by Title 1 MRSA 302. No decisions relative to the the City Council to cover the administrative costs of application shall be made at the pre-application review. Applicants are also required to pay fees to meeting, nor shall any advice or information cover the professional and administrative costs for provided by the Planning Authority be construed as analysis associated with project review, including a decision. but not limited to planning, legal, or other services as needed. 16-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 348 HISTORIC PRESERVATION 16.5.6 Lapse in application which addresses the proposed project’s An application for historic preservation review shall compliance with the standards of Section 16.6. be diligently pursued from the date of submission. C. In the case of applications being reviewed at a Applicants shall provide additional information as workshop or workshops prior to the public requested by the Planning Authority or Historic hearing, they shall be informational and not Preservation Board when determined to be result in any formal approval or disapproval of reasonably necessary to make any determination the project. At a workshop, the Historic required by this article. Failure of an applicant to Preservation Board shall review the plans and provide a response to the request for additional submittals, consider the staff review with information within 120 days of the date upon which respect to the standards of Section 16.6, hear the written request was made shall cause the public comments and questions, and provide application to expire and be deemed null and void. direction to the applicant regarding issues to be addressed to bring the application into 16.5.7 Administrative review compliance with the standards of Section 16.6. An application for historic preservation review D. At a hearing, the Historic Preservation Board subject to administrative review shall be reviewed shall approve, approve with conditions, or deny by the Planning Authority for compliance with the the application based on the standards of standards of Section 16.6. The Planning Authority Section 16.6. Should the Historic Preservation may request revised plans and submittals necessary Board deny an application, it shall enter findings to determine compliance. The Planning Authority of fact concerning the relationship between the shall approve the application, approve the application and standards of Section 16.6 within application with conditions, or deny the application. 60 days of the close of the public hearing. Written notice of the determination of the 16.5.8 Historic Preservation Board review Historic Preservation Board on the application, A. An application for historic preservation review including a copy of the findings of fact, shall be subject to Historic Preservation Board review sent by regular mail to the applicant. shall be reviewed by the Historic Preservation Board for compliance with the standards of 16.5.9 Review process involving major site plans Section 16.6. The Planning Authority may Site plan review by the Planning Board and historic request revised plans and submittals necessary preservation review by the Planning Authority or to determine compliance with the standards of Historic Preservation Board shall, to the extent Section 16.6 prior to scheduling a Historic feasible, proceed concurrently. Any proposed Preservation Board workshop or public hearing. major site plan required to obtain historic B. The Planning Authority shall schedule the preservation approval under this article shall be project for review at a workshop or public exempt from the design standards included in hearing on a date that meets public noticing Article 13, and shall comply with the standards of requirements and prepare a report for the Section 16.6. Historic Preservation Board’s consideration FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-9 Page 349 HISTORIC PRESERVATION 16.5.10 Notice of public meeting all current charges due under this article have A. For all applications for historic preservation been paid. The balance of any remaining review that are subject to Historic Preservation review and administrative costs invoiced or Board review, the applicant shall be responsible incurred after a permit has been issued shall be for posting a notice of public meeting sign on paid in full by the applicant prior the issuance the property where the development is to of any temporary or permanent certificate of occur. The dimensions, construction, and occupancy. content of the sign shall be in accordance with C. Prior to historic preservation approval the standards established by the Planning applicant shall demonstrate sufficient right, Authority. title, or interest in the property, technical B. The sign shall be posted at least 10 days prior capacity, and financial capacity to complete any to the public workshop or hearing date, and change proposed to be undertaken under the shall be removed from the property no more historic preservation approval, upon reasonable than three days following the date of the request of the Planning Authority. meeting. C. Once the required notice of public meeting 16.5.13 Expiration of approvals signage is posted, the applicant shall submit a A. Unless work authorized by a historic completed certification of posting form to the preservation approval is commenced or a Planning Authority. building permit for the same is issued within D. In the event that a required notice of public three years of the initial date of historic meeting sign is knocked over or made illegible, preservation approval, the approval shall expire it shall be the responsibility of the applicant to and shall become null and void. promptly reset or replace the sign, though B. When the approved work also requires a site failure to do so shall not invalidate the review. plan approval under Article 13, the expiration of the historic preservation approval shall be 16.5.11 Conditions of approval concurrent with the expiration of the site plan The Planning Authority or Historic Preservation approval, even if longer than three years. Board may impose conditions upon its approval of C. In the event of litigation arising out of the any application for historic preservation review to granting of a historic preservation approval, the bring the application into compliance with the approval shall remain valid until one year after standards of Section 16.6. the entry of final judgment in the litigation or until the end of the three-year period, 16.5.12 Historic preservation approval whichever is later. A. The Planning Authority shall approve or approve with conditions by the Planning 16.5.14 Amendments Authority or the Historic Preservation Board. A. An applicant may apply for an amendment to a B. No historic preservation approval, building, historic preservation approval by submitting an demolition, or other permit shall be issued until amendment application that includes a written 16-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 350 HISTORIC PRESERVATION statement of the proposed amendment, Historic Resources Design Manual may include proposed amended plans, and related descriptions, guidelines, and illustrations of submittals to the Planning Authority. how the standards of this article will be B. The Planning Authority is authorized to interpreted. All provisions of the Historic approve minor amendments under the Resources Design Manual shall be consistent procedures set forth in Subsection 16.5.7, with the standards of this article. provided that the proposed amendments: B. Amendments to the Historic Resources Design 1. Are generally consistent with the approved Manual shall be adopted by the Historic plans, Preservation Board following a public hearing. 2. Meet all the standards for review of The Historic Resources Design Manual shall be Section 16.6, maintained by the Planning Authority. 3. Do not modify the work such that Historic Preservation Board review would 16.6.3 Standards for review of alterations to otherwise be required per Table 16-A, and contributing properties 4. Do not affect any condition or In considering an application involving alterations to requirement of the Historic Preservation contributing buildings, structures, site, or objects, Board. the reviewing authority shall approve the C. Major amendments include changes that application only upon finding that it meets the exceed the limited criteria for a minor following standards: amendment under Subsection 16.5.14(B). A. Compatible use. When the use of a property is Review procedures shall follow those for a being changed, every reasonable effort shall be Historic Preservation Board review, set forth in made to minimize the alteration of the Subsection 16.5.8. character-defining features of the building, structure, object, or site. 16.6 STANDARDS FOR REVIEW OF B. Retain historic features. The distinguishing APPLICATIONS FOR HISTORIC original qualities or character of the building, PRESERVATION REVIEW structure, object, or site shall be retained and 16.6.1 Applicability preserved. The removal or alteration of any The following standards shall be applied in reviewing historic material or distinctive architectural applications for historic preservation approval. features should be avoided when possible. When work falls under a set of standards, those C. Historical accuracy. The building, structure, standards shall apply to the project. Multiple sets of object, or site shall be recognized as a product standards may apply to a single application of its own time, place, and use. Alterations that depending on the proposed scope of work. have no historical basis or create a false sense of historical development, such as adding 16.6.2 Historic Resources Design Manual conjectural features or elements from other A. The standards of this article are supplemented properties, shall not be undertaken. by the Historic Resources Design Manual. The FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-11 Page 351 HISTORIC PRESERVATION D. Acquired significance. Changes which may structure, object, or site. New work shall be have taken place in the course of time are differentiated from the old and shall be evidence of the history and development of the compatible with the size, scale, color, material, building, structure, object, or site. Changes that and character of the building, structure, object, have acquired significance in their own right or site. Contemporary design for alterations shall be retained and preserved. and additions shall not be discouraged when E. Distinctive features. Distinctive features, such alterations and additions do not destroy finishes, and construction techniques or significant materials or features that examples of skilled craftsmanship which characterize the building, structure, object, or characterize the building, structure, object, or site. site shall be retained and preserved. J. Reversibility. Wherever possible, new F. Repair rather than replace. Deteriorated additions or alterations to the building, historic features shall be repaired rather than structure, object, or site shall be undertaken in replaced wherever feasible. Where the severity such a manner that, if such additions or of deterioration requires replacement of a alterations were to be removed in the future, distinctive feature, the new feature should the essential form and integrity of the building, match the feature being replaced in structure, object, or site would be unimpaired. composition, design, texture, and other visual qualities and, where possible, materials. Repair 16.6.4 Standards for review of additions and new or replacement of missing historic features construction should be based on accurate duplications of In considering an application involving additions or features, substantiated by documentary, new construction, the reviewing authority shall physical, or pictorial evidence. approve the application only upon finding that it G. Surface cleaning. The surface cleaning of the meets the following standards:. building, structure, or object, if appropriate, A. Scale and form shall be undertaken with the gentlest means 1. Height. The height of the addition or new possible. Chemical or physical treatments, such construction shall be visually compatible as sandblasting, that cause damage to historic with the contributing buildings, structures, materials shall not be undertaken. objects, and sites of the historic H. Archaeological resources. Every reasonable designation when viewed from any street effort shall be made to protect and preserve or public open space. significant archaeological resources affected by 2. Width. The width of the addition or new or adjacent to any project. If resources must be construction shall be visually compatible disturbed, mitigation measures shall be with the contributing buildings, structures, undertaken. objects, and sites of the historic I. Differentiation and contemporary design. designation when viewed from any street Alterations and additions shall not destroy the or public open space. character-defining features of the building, 16-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 352 HISTORIC PRESERVATION 3. Proportion of principal facades. The structures, objects, and sites of the historic relationship of the width to the height of designation. the principal facades shall be visually 4. Relationship of materials. The relationship compatible with the contributing buildings, of the color and texture of materials (other structures, objects, and sites of the historic than paint color) of the principal facades designation when viewed from any street shall be visually compatible with the or public open space. predominant materials used on the 4. Roof shape. The roof shape of the addition contributing buildings, structures, objects, or new construction shall be visually and sites of the historic designation. compatible with the contributing buildings, C. Relationship to street structures, objects, and sites of the historic 1. Walls of continuity. Facades and site designation when viewed from any street features, such as masonry walls, fences, or public open space. and landscape masses, shall, when it is a 5. Scale. The size and mass of the addition or characteristic of the context, form new construction in relation to open cohesive walls of enclosure along the spaces, windows, doors, porches, and street to ensure visual compatibility with balconies shall be visually compatible with the contributing buildings, structures, the contributing buildings, structures, objects, and sites of the historic objects, and sites of the historic designation. designation when viewed from any street 2. Rhythm and spacing along streets. The or public open space. relationship of the addition or new B. Composition of principal facades construction to the open space between it 1. Proportion of openings. The relationship and adjacent buildings, structures, objects, of the width to height of windows and or sites shall be visually compatible with doors shall be visually compatible with the the contributing buildings, structures, contributing buildings, structures, objects, objects, and sites of the historic and sites of the historic designation. designation. 2. Rhythm of solids to voids. The relationship 3. Directional expression of principal facades. of solids to voids in the principal facades The addition or new construction shall be shall be visually compatible with the visually compatible with the directional contributing buildings, structures, objects, character of the contributing buildings, and sites of the historic designation. structures, objects, and sites of the historic 3. Rhythm of entrances, porches, and other designation, whether this be vertical projections or recesses. The relationship of character, horizontal character, or entrances, porches, and other projections nondirectional character. or recesses to sidewalks shall be visually 4. Streetscape and pedestrian improvements. compatible with the contributing buildings, Streetscape and pedestrian improvements and any change in the appearance thereof FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-13 Page 353 HISTORIC PRESERVATION located adjacent to any addition or new architectural character of the building, construction shall not be incongruous with structure, or object. the contributing buildings, structures, objects, and sites of the historic 16.6.7 Standards for review of signage designation. In considering an application involving the installation or modification of sign(s) the reviewing 16.6.5 Standards for review of alterations and authority shall approve the application only upon additions to noncontributing properties finding that it meets the following standards: In considering an application for alterations or A. Signs shall be compatible with the subject additions to a noncontributing building, structure, building, structure, object, and sites. object, or site, the intent of the review shall be to B. Signs shall be installed in such a manner as to guide projects toward a more compatible minimize damage to contributing buildings, relationship with the surrounding context using the structures, objects, and sites. standards for review of additions and new C. If there is a conflict between this standard and construction set forth in Subsection 16.6.4. the requirements of Article 19, the stricter standard shall apply. 16.6.6 Standards for review of relocation In considering an application involving relocation of 16.7 CERTIFICATE OF ECONOMIC HARDSHIP a building, structure, or object, the reviewing 16.7.1 Applicability authority shall approve the application only upon A. Any applicant who has received a denial under finding that it meets the following standards: this article or is seeking demolition of a A. Whether the historic or urban design character contributing building, structure, object, or site and aesthetic interest of the building, structure, may apply for a certificate of economic or object contribute to its present setting. hardship from the Board of Appeals. B. If located within a district, whether there are B. The application shall be submitted to the definite plans for the area to be vacated and Planning Authority, together with the applicable what the effect of those plans is on the fee. In the case of a denial, the application shall character of the surrounding area. In such be submitted within 60 days of the denial. cases, consideration of additional design guidelines for construction to be imposed as a 16.7.2 Standard to be applied condition of approval is appropriate. A. The Board of Appeals shall approve an C. Whether the relocation of the building, application for a certificate of economic structure, or object can be accomplished hardship only upon a determination that the without significant damage to its physical denial of the proposed activity or the proposed integrity. demolition will result in the loss of all D. Whether the proposed relocation area is reasonable use of the building, structure, compatible with the cultural, historical or object, or site. 16-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 354 HISTORIC PRESERVATION B. Where the condition of the building, structure, structures, objects, and sites as to the object, or site is claimed to prevent any structural soundness of the building, reasonable use, the applicant shall establish structure, object, or site and its suitability that such condition is not the result of the acts for continued use, or rehabilitation. of neglect of the owner or their predecessors 9. Estimate of the cost of the alteration, in title under Section 16.8. construction, demolition, or removal proposed by the applicant. 16.7.3 Information to be supplied by applicant 10. Estimate of cost that would be incurred to A. The applicant shall submit by affidavit the address findings of fact provided by the following information, which shall constitute an reviewing authority in issuing a denial of application: the application for historic preservation 1. The assessed value of the property and/or review. the building, structure, object, or site for 11. A statement of the minimum extent of the two most recent assessments. work necessary to allow reasonable use of 2. Real property taxes paid for the previous the building, structure, object, or site. two years. B. In the event that the information required to be 3. The amount paid for the property by the submitted by the applicant is not reasonably owner, the date of purchase, and the party available or attainable, the applicant shall file from whom purchased, including a with the affidavit a statement of the description of the relationship, if any, information that cannot be obtained and shall between the owner and the person from describe the reasons why such information is whom the property was purchased. unavailable. 4. All appraisals obtained within the previous C. The Planning Authority may request that third- two years. party reviewers with applicable expertise to 5. All listings of the property for sale or rent, review materials provided by the applicant and price asked and offers received within the prepare a report on their analysis of the previous four years. application materials. In these cases, the cost of 6. All studies commissioned by the owner as the third-party review shall be charged to the to profitable renovation, rehabilitation, or applicant. utilization of any buildings, structures, D. The Board of Appeals may require additional objects, or site on the property for evidence or supporting materials to inform alternative use. their decision on the application. 7. For income-producing property, itemized income and expense statements from the 16.7.4 Review property for the previous two years. A. The Board of Appeals shall hold a workshop or 8. Professional assessment from a licensed public hearing on the application within 30 days engineer or architect with experience in following receipt of a complete application. rehabilitation of historic buildings, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-15 Page 355 HISTORIC PRESERVATION B. The Planning Authority may provide a report or replacement of the building, structure, any other information, documentation or object, or site. evidence or request the Historic Preservation C. Certificates of economic hardship shall be valid Board to assist the Board of Appeals in for a period of three years from the date of the considering the extent of variance necessary or determination by the Board of Appeals. reasonable condition to be imposed. D. Certificates of economic hardship shall not be C. The Board of Appeals may continue a transferable from the applicant to another proceeding for such additional time as it subsequent owner of the same property. reasonably takes an applicant, any other interested person, the Historic Preservation 16.8 MAINTENANCE Board, or the Planning Board to comply with a 16.8.1 Maintenance of protected structures request for additional information or evidence. A. All contributing buildings, structures, objects, The applicant shall be afforded the right to and sites shall be preserved against decay and present rebuttal evidence. deterioration by being kept free from the D. The determination by the Board of Appeals following structural defects by the owner and shall be made within 30 days following close of any other person or persons who may have the public hearing. The determination shall be legal custody and control thereof: accompanied by findings of fact. 1. Deteriorated or inadequate foundation which jeopardizes its structural integrity. 16.7.5 Issuance 2. Defective or deteriorated floor supports or A. If the determination of the Board of Appeals is any structural members of insufficient size that a denial of the historic preservation review to carry imposed loads with safety which application or the prohibition on demolition jeopardize its structural integrity. under Subsection 16.3.6(B) has resulted in the 3. Members of walls, partitions, or other loss of all reasonable use of the building, vertical supports that split, lean, list, or structure, object, or site then the certificate of buckle due to defective material or economic hardship shall be issued by the deterioration which jeopardize its Planning Authority within 30 days following the structural integrity. determination. 4. Structural members of ceilings and roofs, B. Certificates of economic hardship shall: or other horizontal structural members, 1. Limit the scope of work to the minimum which sag, split, or buckle due to defective extent necessary to allow reasonable use materials or deterioration or are of of the building, structure, object, or site; insufficient size to carry imposed loads and with safety which jeopardize its structural 2. Not allow for the beginning of any integrity. demolition work until the necessary 5. Fireplaces or chimneys which list, bulge, or approvals and permits have been attained settle due to defective material or to allow for the rehabilitation, alteration, or deterioration or are of insufficient size or 16-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 356 HISTORIC PRESERVATION strength to carry imposed loads with received under this article or without the approvals safety which jeopardize its structural required under this article, no new application for a integrity. historic preservation review shall be considered for 6. Lack of weather protection which the building, structure, object, or site associated jeopardizes the structural integrity of the with the violation until the work done without walls, roofs, or foundation. approval is brought into compliance with the B. The owner or such other person shall repair requirements of this article. such building, structure, object, or site within a specified period of receipt of a written order by 16.9.3 Additional penalties for willful violation the Planning Authority to correct defects or or gross negligence repairs to any building, structure, object, or site A. In addition to the penalties authorized by as provided by Subsection 16.8.1(A) above, so Subsections 16.9.1 and 16.9.2, a violation which that such building, structure, object, or site is intentional, or occurs through gross shall be preserved and protected from further negligence, shall be subject to the following deterioration in accordance with the purposes provisions: of this article. 1. No permit shall be issued under Chapter 6 C. Any such order shall be in writing, shall state of this Code of Ordinances for any the actions to be taken with reasonable alteration or new construction affecting particularity and shall specify dates for such property for a period of five years compliance, which may be extended by the following the last date of the violation, Planning Authority for reasonable periods to other than permits necessary to correct allow the owner to secure financing, labor or the violation. However, upon presentation materials. of evidence satisfactory to the Planning Authority that the violation has been 16.9 PENALTIES corrected, any remaining portion of the 16.9.1 Fines for violation five-year prohibition on issuance of a Failure to perform any act required by this article or permit may be waived. performance of any act prohibited by this article or 2. For a period of 25 years, any alteration or of any conditions or any approvals issued hereunder new construction on the property shall be shall constitute a violation and be subject to a fine subject to this article, whether or not any as provided in 30 A M.R.S. §4452. Each day on which remaining building, structure, object, or there is failure to perform a required act or on site on the property continues to have the which a violation exists shall constitute a separate cultural, historical, architectural, or violation for purposes of this section. archaeological character and integrity that caused it to be nominated or designated as 16.9.2 Withholding of future approvals a landmark or part of a district. Where the applicant has done work or caused work 3. As a condition for any new land use to be done not in compliance with an approval approval, the owner may be required to FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 16-17 Page 357 HISTORIC PRESERVATION rebuild, or replicate the building, structure, object, or site on the property. B. Subsection 16.9.3(A) above shall not apply to violations which are limited to noncontributing buildings, structures, objects, or sites. 16.10 APPEALS The applicant, or any person who has participated in opposition to the application and demonstrates a particularized harm caused by the approval of any application associated with this article, may appeal that decision in accordance with Article 2. 16-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 358 HOUSING 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 (E) 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 the 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 FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 17-1 Page 359 HOUSING 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 FINAL DRAFT FOR PLANNING BOARD REVIEW Page 360 HOUSING 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. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 17-3 Page 361 HOUSING 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 FINAL DRAFT FOR PLANNING BOARD REVIEW Page 362 HOUSING of its review. At the conclusion of these public TABLE 17-A: AFFORDABLE HOUSING FEE REDUCTIONS meetings, the Planning Board shall promptly % of New Units That are Low- Cost of Work issue a decision on all such plans and Income or Development (Building Permit) applications before it for consideration. Workforce Fee Discount Fees D. Density and height bonuses. 10% up to but not 10% reduction $9.90 per $1,000 Notwithstanding any other provision of this including 15% Land Use Code to the contrary, in order to 15% up to but not 15% reduction $9.35 per $1,000 including 20% encourage low-income and workforce units in 20% up to but not 20% areas prioritized for growth, eligible projects as $8.80 per $1,000 including 25% reduction defined under Subsection 17.2.2 may avail 25% or more 25% reduction $8.25 per $1,000 themselves of the following options: 1. Density bonuses. The maximum number of units that would otherwise be allowed TABLE 17-B: BONUSES FOR ELIGIBLE PROJECTS % Low-income or under this Land Use Code shall be Workforce Units Density Permitted1 increased for an eligible project in the 10-19% 1.1 x base manner described in Table 17-B, applicable 20-29% 1.25 x base where residential is allowed as a permitted 30-49% 1.3 x base or conditional use in mainland zones. 50-74% 2.5 x base 2. Height bonuses. In mixed-use zones, the >75% 2.5 x base TOD zones, and the RN-6, for eligible 1 “Base” is the number of units allowed under the zoning without projects in which over 75% of units are this bonus but with any other bonuses applied. low-income or workforce units, maximum heights as permitted under Article 7 shall fees do not include any fees charged for review be increased by 10 feet. conducted by any party other than the City. 3. Unit size. In order to be eligible for this C. Expedited review. The Planning Authority shall subsection, the low-income and workforce perform its review of an eligible project in as housing units must meet Subsections expedited a manner as is practical, without 17.2.3(C)(2), (3), and (4). impairing the scope or thoroughness of the 4. Term of affordability. Affordable units review. The Planning Authority may adopt under this subsection shall be deed- administrative procedures to prioritize review restricted to remain affordable for 30 of eligible projects and facilitate this expedited years or the longest term permitted under review. The Planning Board shall make its best federal, state, and local laws, whichever is efforts to give priority in scheduling workshops longer. Such deed restrictions shall be and public hearings related to any plans or recorded in the Cumberland County applications required for an eligible project that Registry of Deeds. are within the Planning Board’s jurisdiction, without impairing the scope or thoroughness FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 17-5 Page 363 HOUSING 17.2.3 Ensuring workforce housing TABLE 17-C: MINIMUM TERM OF AFFORDABILITY FOR A. Purpose. Based on the City’s Comprehensive REQUIRED WORKFORCE UNITS Plan and the City’s 2015 housing study, it is in % of Workforce the public interest to promote an adequate Units Provided Minimum Term of Affordability supply of housing that is affordable to a range 25% 30 years of households at different income levels. The 50% 20 years purpose of this subsection is to ensure that 100% 10 years housing developments over a certain size provide a portion of workforce housing units from areas inside the respective buildings and, by doing so, promote the health, safety, that these units are workforce housing and welfare of Portland citizens. units, and must demonstrate general parity B. Applicability. This subsection shall apply to in unit design, finishes, and amenities site plan applications that create ten or more between market and workforce units in the new dwelling units for rent or for sale through development. Applications shall include a new construction, substantial alteration of narrative that addresses parity of existing structures, adaptive reuse or workforce and market rate units, a conversion of a nonresidential use to description of workforce and market rate residential use, or any combination of these unit attributes and amenities, phasing if elements. This subsection shall not apply to applicable, and integration into the projects that otherwise meet or exceed the respective building and site design. standards of 17.2.3(C). 4. Workforce units need not be the same size C. Standards. Development projects subject to as other units in the development but the this subsection shall meet to the following cumulative number of bedrooms in such requirements: units shall be no less than 25% of the total 1. At least 25% of the units in the project shall number of bedrooms in the development. meet the definition of workforce housing 5. As an alternative to providing workforce unit for sale or for rent as defined in housing units, projects may pay a fee-in- Article 3. The project shall have the option lieu of some or all of the units. In-lieu fees of paying a partial fee-in-lieu as per (5) shall be paid into the Housing Trust Fund. below or providing an additional unit on- The fee for affordable units not provided site for any fractional value. shall be $150,000 per unit, adjusted 2. Projects shall not be segmented to avoid annually in the same way as the fee under compliance with these provisions. Subsection 17.1.8. 3. Workforce units must be integrated with 6. Workforce housing units for sale, if the rest of the development, must use a converted to workforce housing units for common entrance in the case of mixed rent, shall become subject to the income market rate and workforce buildings, must limits and other requirements of such units. provide no indication from the exterior or 17-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 364 HOUSING 7. The term of affordability for the required jobs that do not pay employees at a rate 25% workforce units provided shall be sufficient to allow those employees to afford defined as shown in Table 17-C. market-rate housing in the City of Portland. 8. Projects shall be subject to an affordable B. Hotel projects. For the purposes of this housing agreement with the City of subsection, hotel projects shall include any Portland, unless a project is otherwise hotel as defined in Article 3 consisting of 10 or subject to such an agreement requiring an more guest rooms for rent to transient guests equal or greater percentage of affordable or to extended stay guests of up to six months. units at an equal or lower income target Any expansion of an existing hotel by 10 or level than required by this section. more rooms within any five-year period will D. Density and height bonuses. Projects that are also be considered a hotel project. subject to this subsection shall be eligible for C. Low-income housing minimum. All hotel density and height bonuses under Subsection projects shall provide one unit of low-income 17.2.2(D). housing for rent in the City of Portland for E. Implementation guidance. The Housing & every 28 rooms in the hotel project, which shall Economic Development Department shall meet the standards outlined in Subsections provide guidance on income verification 17.2.3(C)(2), (3), and (4) and in the methods, affordable housing agreements, and implementing regulations governing low- subsequent monitoring requirements. income units. Such units shall contain two F. Reporting to City Council. In conjunction bedrooms and be a minimum of 900 SF in floor with the annual report on the Housing Trust area. This amount shall be rounded up to the Fund, the Planning Authority shall annually nearest increment of 28 rooms. These units report on developments subject to this shall be deed restricted for the longest period subsection, the number of units produced, the permitted by law, shall not be used for short- amount of fee-in-lieu collected, and the overall term rentals of less than 30 days, and must be effectiveness of this subsection in achieving its provided with distinct entrances from the stated purpose. street to delineate them from the hotel itself. D. Fee-in-lieu alternative. As an alternative to 17.2.4 Inclusionary zoning for hotel projects providing low-income housing units under A. Purpose. This subsection is based on City Subsection 17.2.4(C) above, a hotel project may analysis, most specifically the analysis pay a fee-in-lieu of $3,806 per hotel guest documented in the Greater Portland Council of room. This amount shall be paid into the City’s Government study Proposed Hotel Linkage Fee: Housing Trust Fund and used for the purposes Supportable Range dated August 29, 2018, that set forth in the ordinance and regulations finds that new hospitality developments create applicable to that trust. a need for new affordable housing. This need is E. Annual adjustments. The amounts in the result of the fact that hospitality Subsection 17.2.4(D) above shall be adjusted developments necessarily create a number of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 17-7 Page 365 HOUSING annually in the same way as the fee under G. Repayments of loans made from the fund. Section 17.1.8. F. Implementation guidance. The Housing & 17.3.3 Management of the trust fund Economic Development Department shall The City Manager, or their designee, shall serve as provide guidance on income verification the manager of the Housing Trust Fund. The methods, affordable housing agreements, and responsibilities of the manager, subject to the subsequent monitoring requirements. orders of the City Council, shall include: A. Maintaining the financial and other records of 17.3 JILL C. DUSON HOUSING TRUST FUND the Housing Trust Fund. 17.3.1 Purpose B. Disbursing and collecting Housing Trust Fund The purpose of enacting this section is: monies in accordance with the Housing Trust A. To establish a City of Portland Housing Trust Fund annual plan. Fund for the promotion, retention, and C. Monitoring the use of monies distributed to creation of an adequate supply of housing, successful applicants for Housing Trust Fund particularly affordable housing, for all economic support to assure on-going compliance with groups and to limit the net loss of housing units the purposes of the fund and the conditions in the city. under which these monies were granted or B. To serve as a vehicle for addressing very low, loaned. low, and moderate income housing needs through a combination of funds as set out in 17.3.4 Housing Trust Fund annual plan this article. A. Each fiscal year, the City Council shall adopt a Housing Trust Fund annual plan. The City 17.3.2 Establishment of the Jill C. Duson Manager shall submit to the City Council a Housing Trust Fund recommended Housing Trust Fund annual plan, The City Council shall establish a special revenue utilizing the revenues of the Housing Trust account under the name “City of Portland Jill C. Fund as well as any other funds the manager Duson Housing Trust Fund” (Housing Trust Fund). may propose as appropriate. The housing Deposits into the fund shall include: committee of the City Council or such other A. Contributions from the City’s housing committee as the council shall designate shall replacement ordinance under Subsection 17.1.8. conduct public hearings on the recommended B. In-lieu fees under Subsections 17.2.3 and 17.2.5. plan and refer the matter to the council for C. Funds appropriated to be deposited into the action. fund by vote of the City Council. B. The Housing Trust Fund annual plan shall D. Voluntary contributions of money or other include: liquid assets to the fund. 1. A description of all programs to be funded E. Any federal, state, or private grant or loan in part or in full by the Housing Trust Fund. funds provided to the fund. 2. A description of how funds from the F. Interest from fund deposits and investments. Housing Trust Fund will be distributed 17-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 366 HOUSING among very low-income, low-income and 17.3.6 Term of affordability moderate-income households. A. Whenever funds from the Housing Trust Fund 3. The amount of funds budgeted for are used for the acquisition, construction, or programs funded in part or in full from the substantial rehabilitation of an affordable rental Housing Trust Fund. or cooperative unit, the City of Portland shall C. Priority for the expenditure of funds collected impose enforceable requirements on the pursuant to Section 17.1 shall be given to the owner of the housing unit that the unit remain creation of new housing stock, through either affordable for the remaining life of the housing new construction or conversion of unit, assuming good faith efforts by the owner nonresidential buildings to residential use. to maintain the housing unit and rehabilitate it as necessary. The remaining life of the housing 17.3.5 Distribution and use of the Housing Trust unit shall be presumed to be a minimum of 30 Fund’s assets years. A. All distribution of principal, interest, or other B. Whenever funds from the Housing Trust Fund assets of the Housing Trust Fund shall be made are used for the acquisition, construction, or in furtherance of the public purposes set out in substantial rehabilitation of ownership housing, Section 17.1. the City of Portland shall impose enforceable B. During each year, the Housing Trust Fund shall resale restrictions on the owner to keep the disburse as grants or loans so much of the housing unit affordable for the longest feasible Housing Trust Fund’s assets as the City Council time, while maintaining and equitable balance in its discretion has approved in the Housing between the interests of the owner and the Trust Fund annual plan. interests of the City of Portland. C. Funds shall not be used for City administrative C. The affordability restriction requirements expenses. described in this subsection shall run with the D. Funds shall not be used for property operating land and the City of Portland shall develop expenses or supporting services. appropriate procedures and documentation to E. No grants or loans shall be awarded by the enforce these requirements and shall record Housing Trust Fund to corporations, such documentation in the Cumberland County partnerships, or individuals who are delinquent Registry of Deeds. at the time of application in the payment of property taxes or other fees to the City of 17.4 CONDOMINIUM CONVERSION Portland, who have been convicted of arson, 17.4.1 Purpose who have been convicted of discrimination in The purpose of this section is to regulate the the sale or lease of housing under the fair conversion of rental housing to condominiums, to housing laws of the State of Maine, or who have minimize the potential adverse impacts of such pending violations of current City electrical, conversion on tenants, to ensure that such plumbing, building, or housing codes or zoning converted housing is safe and decent, and to ordinances. maintain a reasonable balance of housing FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 17-9 Page 367 HOUSING alternatives within the city for persons of all have been treated by the developer, you incomes. may contact the Department of Permitting & Inspections, City of 17.4.2 Applicability Portland, 389 Congress Street, Portland, This section shall apply to the conversion of any Maine 04101. rental unit to a condominium unit. For the B. If the notice specifies a date by which the purposes of this section, developer shall mean any tenant is required to vacate, the notice may person or other legal entity, but not including an also serve as a notice of termination under the established lending institution unless it is an active applicable law of forcible entry and detainer, if participant in a common promotional scheme, who, it meets the requirements thereof. The notice whether acting as principal or agent, records a shall be hand delivered to the tenant or mailed, declaration of condominium that includes real estate, by certified mail, return receipt requested, any portion of which was previously a rental unit. postage prepaid, to the tenant at the address of the unit or such other address as the tenant 17.4.3 Protection of tenants may provide. The notice shall be effective when A. Notice of intent to convert. A developer shall actually received. No tenant may be required by give to each tenant, meaning any occupant in a developer to vacate without having been lawful possession of a rental unit, whether by given notice as required herein, except for the lease, sublease, or otherwise, written notice of reasons specified in the applicable law of intent to convert at least one 120 days before forcible entry and detainer, and in accordance the tenant is required by the developer to with the procedures thereof. The terms of a vacate. If a tenant has been in possession of any tenancy, including rent, may not be altered unit within the same building for more than during the notice period, except as expressly four consecutive years, the notice period shall provided in a preexisting written lease. If, within be increased by 30 additional days for each 120 days after a tenant is required by a additional year, or fraction thereof, to a developer to vacate, the developer records a maximum of 240 additional days. The notice declaration of condominium without having shall set forth specifically the rights of tenants given notice as required herein, the developer under (A), (B), and (C) of this subsection and shall be presumed to have converted in Subsection 17.4.4, and shall contain the violation of this article. following statement: C. Option to purchase. For a 60-day period If you do not buy your apartment, the following the giving of notice as required in developer of this project is required by Subsection 17.4.3(A), the developer shall grant law to assist you in finding another place to the tenant an exclusive and irrevocable to live and in determining your eligibility option to purchase the unit of which the tenant for relocation payments. If you have is then possessed, which option may not be questions about your rights under the assigned. If the tenant does not purchase or law, or complaints about the way you contract to purchase the unit during the 60- 17-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 368 HOUSING day period, the developer may not convey or 17.4.5 Conversion permit offer to convey the unit to any other person Before conveying or offering to convey a converted during the following 180 days at a price or on unit, the developer shall obtain a conversion permit terms more favorable than the price or terms from the Building Authority. The permit shall issue previously offered to the tenant, unless the only upon receipt of a completed application more favorable price or terms are first offered therefore in a form to be devised for that purpose, exclusively and irrevocably to the tenant for an payment of a fee of $25,000 per converted unit, to additional 60-day period. This subsection shall be adjusted annually in the same way as the fee not apply to any rental unit that, when under Chapter 14, Section 17.1.8 of this code, at least converted, will be restricted exclusively to $1,000 of which shall be appropriated to the nonresidential use. If, within two years after a Housing Safety Office for the administration and developer records a declaration of enforcement of the Rent Stabilization Ordinance, condominium, the use of any such unit is Chapter 6, Articles XII and XIII of this code, and the changed such that but for the preceding remainder of which shall be paid into the Jill C. sentence, this subsection would have applied, Duson Housing Trust Fund, and a finding, upon the developer shall be presumed to have inspection, that each unit, together with any converted in violation of this article. common areas and facilities appurtenant thereto, is in full compliance with all applicable provisions of 17.4.4 Relocation payments Chapter 6, Articles II, III, and V and Chapter 10, If the tenant does not purchase the unit, the Article II of the City of Portland Code of Ordinances, developer shall, before the tenant is required by the and the Life Safety Code as adopted by the state. developer to vacate, make a cash payment to the The developer shall post a copy of the permit in a tenant in an amount equal to the amount of rent conspicuous place in each unit and shall make paid by the tenant for the immediately preceding copies available to prospective purchasers upon two months, provided that this requirement shall request. not apply to any tenant whose gross income exceeds 80% of the median income of the Portland 17.4.6 Variation by agreement SMSA, adjusted for family size, as determined by the No provision of or right conferred by this Section U.S. Department of Housing and Urban 17.4 may be waived by a tenant, by agreement or Development at the time notice is given as required otherwise, and any such waiver shall be void. Any in Subsection 17.4.3. Additionally, the developer attempt to require, encourage, or induce a tenant shall, upon demand, provide assistance to the to waive any provision hereof, or right conferred tenant in the form of referrals to other reasonable hereby, shall be a violation of this article. Nothing accommodations and in determining the tenant's herein shall be construed to void any term of a lease eligibility for relocation payments as provided which offers greater rights than those conferred herein. hereby. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 17-11 Page 369 HOUSING 17.5 RELOCATION OF DISPLACED TENANTS treated by the developer, you may contact 17.5.1 Purpose the Department of Planning and Urban The purpose of this section is to encourage the Development, City of Portland, 389 retention of a diverse housing supply throughout Congress Street, Portland, Maine 04101. the downtown and in areas readily accessible to the downtown, to ensure that persons displaced as the 17.5.3 Relocation assistance for all tenants result of redevelopment of residential units to The developer shall provide, upon demand, nonresidential uses within the B-3 Downtown assistance to all tenants who will be displaced by the Business zone are treated fairly and consistently, development in the form of referrals to other and to ensure that persons so displaced will be reasonable accommodations and in determining the relocated at the reasonable expense of the tenants' eligibility for relocation payments as developer to comparable housing at a location provided herein. The developer shall make providing comparable access to services and relocation payments to eligible tenants in amenities. accordance with the schedule adopted by the City Council in Subsection 17.5.4. 17.5.2 Notice and eligibility for relocation assistance 17.5.4 Schedule of relocation payments for When a proposed development will result in the eligible tenants displacement of residents of an existing structure, The developer shall, before the tenant is required by the developer of the property shall give all tenants the developer to vacate, make a cash payment to written notice as set forth below and shall provide the tenant in an amount equal to the amount of relocation assistance as set forth below for any rent paid by the tenant for the immediately tenant whose gross income is 80% or less of the preceding two months. median income of the Portland SMSA, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development at the time the developer gives the tenant written notice of intent to cause removal of the residential unit. Such written notice shall be given to the tenant at least 120 days before the tenant shall be required to vacate the premises and shall contain the following statement: The developer of this project is required by law to assist you in finding another place to live and in determining your eligibility for relocation payments. If you have questions about your rights under the law, or complaints about the way you have been 17-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 370 OFF-STREET PARKING & LOADING 18 OFF-STREET PARKING & LOADING E. Exemptions. 1. The waterfront zones in Article 10 shall not 18.1 OFF-STREET PARKING be subject to parking maximums. 18.1.1 General 2. In any zone, any required accessible Off-street parking, either by means of structured or parking spaces in compliance with the surface spaces, in addition to being a permitted standards of the Americans with principal use in certain zones, shall be considered as Disabilities Act (ADA) shall not be included an accessory use when provided to serve principal in the calculation of parking maximums. uses. The provisions of this article shall apply to F. Permission to exceed parking maximums. parking as an accessory use. 1. A parking maximum may be exceeded by up to 25% if one or more of the following 18.1.2 No vehicle parking spaces required conditions are met: Off-street vehicle parking is not required. However, a. 10% of the total parking spaces a Transportation Demand Management Plan is provided are available for public use required for certain development actions and uses, 24 hours a day, seven days a week. per Subsection 13.6.1. b. 20% of the total number of spaces are provided as shared spaces, available 18.1.3 Vehicle parking maximums for public use from 8:00 a.m. to 6:00 A. Table 18-A establishes the maximum number of p.m., Monday through Friday. off-street parking spaces that may be provided c. 20% of the total number of spaces are for each designated use. In some cases, uses provided as shared spaces, available that are considered part of a larger generic use for public use from 6:00 p.m. to 8:00 category may be listed with specific parking a.m., seven days a week. maximums. These specific uses are listed only 2. When public use spaces are provided in for the purposes of this article, and do not order to exceed a parking maximum, the indicate whether such uses are permitted or following shall apply: conditional within any zone. a. When located within a parking B. In the TOD zones, the maximum total number structure, public use spaces shall be of off-street parking spaces permitted shall be located within the first two floors of reduced by 25%. the structure. C. Certain uses listed within Table 18-A are not b. Signs shall be provided indicating the subject to parking maximums, and are indicated availability and location of public use as such where applicable. spaces. D. For any use not listed in Table 18-A, the parking c. Shared spaces not available to the provisions for the most similar use, as public 24 hours a day, seven days a determined by the Building Authority or the week shall be clearly marked, Planning Authority, shall apply. indicating the hours of availability for public use. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-1 Page 371 OFF-STREET PARKING & LOADING 3. A parking maximum may be exceeded two or more principal uses are located on the without the provision of public use spaces same lot, the maximum number of spaces is the if the reviewing authority finds that a sum of the separate standards for each use. parking study provided by the applicant B. Floor area. Unless otherwise stated, square demonstrates that the number of spaces is footage for off-street parking standards shall be necessary for the proposed use of the site. computed based on gross floor area. C. Fractions. Any fraction shall be rounded down 18.1.4 Rules of calculation to the nearest whole number. A. Basis of calculation. The maximum number of D. Accessory uses. Off-street parking shall not parking spaces allowed is calculated based be calculated separately for accessory uses. upon the principal use or uses of the lot. When TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces Adult business 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area establishments Agriculture No maximum -- Airports No maximum -- Animal-related 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area services Auto, boat, and 1 per 300 SF of indoor sales and -- related dealerships display area + 6 per service bay Auto service 1 per 250 SF of retail floor area + 4 -- stations per service bay 1 per 100 SF of indoor floor area + Bars 1 per 300 SF of outdoor seating Over 5,000 SF of floor area: 1 per 1,500 SF of floor area area Bed and breakfasts 2 spaces + 1 per guest room 2 spaces Boathouses and storehouses for 1 per 200 SF of floor area -- fishing equipment Campgrounds 1.5 per campsite -- 1 per 100 SF of floor area Cemetery -- (office and/or chapel/parlor) Child care centers + small child care 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area facilities Clinics No maximum Over 5,000 SF of floor area: 1 per 1,500 SF of floor area Communication Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area studios area 18-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 372 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces Construction and 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area engineering services Cultural facilities 1 per 300 SF of floor area 1 per 2,000 SF of floor area Dairies 1 per 300 SF of floor area -- Multi-family: 1 per 2 dwelling units Dwelling, residential 2 spaces per dwelling unit Other: none Elementary/middle school: Elementary, middle, 6 per classroom + 4 per office and secondary 1 per 2 classrooms High school: schools 10 per classroom + 4 per office Emergency shelters 1 per 200 SF of office floor area -- Exhibition, meeting, 1 per 20 persons at maximum 1 per 100 persons at maximum capacity and convention halls capacity Food and seafood processing, packing, 1 per 500 SF of floor area -- and distribution Funeral homes 1 per 100 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area General offices 1 per 200 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area General services 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area Governmental uses No maximum -- 1 per 250 SF of indoor office/retail Greenhouse/nursery sales floor area + 1 per 10,000 SF -- (retail) of growing/stock area (indoor + outdoor) Group home 1 per rooming unit 1 per 4 rooming units 1 per 500 SF of floor area up to High-impact 40,000 SF, then 1 per 2,500 SF of -- industrial uses additional floor area (excludes any outdoor storage area) Hospitals No maximum 1 per 100 beds Hostels 1 per 4 beds -- Hotels 1.5 per guest room -- Impound lots 1 per 200 SF of office floor area -- Passenger facilities: 1 per 500 SF of Intermodal floor area Over 10,000 SF of floor area: 1 per 2,500 SF of floor transportation Freight facilities: 1 per 200 SF of area facilities office floor area FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-3 Page 373 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces Laboratory and Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area research facilities area Lodging house 1 per rooming unit 1 per 4 rooming units Low impact 1 per 200 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area industrial Lumber yards 1 per 200 SF of floor area -- 1 per 500 SF of floor area up to Marijuana 40,000 SF, then 1 per 2,500 SF of Over 10,000 SF of floor area: 1 per 2,500 SF of floor cultivation facilities additional floor area (excludes any area outdoor storage area) 1 per 500 SF of floor area up to Marijuana 40,000 SF, then 1 per 2,500 SF of Over 10,000 SF of floor area: 1 per 2,500 SF of floor manufacturing additional floor area (excludes any area facilities outdoor storage area) Marijuana retail 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area store Marijuana testing Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area facilities area Marinas 1 per 2 slips -- 1 per 250 SF of indoor office/retail Market gardens sales floor area + 1 per 5,000 SF of -- growing area (indoor + outdoor) Neighborhood 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area nonresidential reuse Off-street parking No maximum -- Parks and open No maximum Over 5,000 SF: 1 per 1,000 SF spaces 1 per 150 SF of floor area used for Places of assembly Over 5,000 SF of floor area: 1 per 1,500 SF of floor area assembly purposes 4 per classroom + 4 per office + 1 Post-secondary per 2 students of maximum 1 per 10 students of maximum enrollment schools enrollment 1 per 500 SF of floor area up to Printing and 40,000 SF, then 1 per 2,500 SF of -- publishing additional floor area Recreation and Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area amusement centers area 1 per 500 SF of floor area up to Recycling facilities -- 40,000 SF, then 1 per 2,500 SF of 18-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 374 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces additional floor area (excludes any outdoor storage area) Registered marijuana 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area dispensary Residential care 1.5 per dwelling unit or room 1 per 5 dwelling units or rooms facilities (large) Residential care 2 per dwelling unit or room 1 per 4 dwelling units or rooms facilities (small) 1 per 100 SF of indoor floor area + Restaurants 1 per 300 SF of outdoor seating Over 5,000 SF of floor area: 1 per 1,500 SF of floor area area Retail 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area Self-storage 1 per 25 storage units -- facilities Residential dwelling: No maximum Small-scale Commercial space: 1 per 300 SF of -- marijuana caregiver floor area Social service 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area centers Solar energy system 1 per 200 SF of office floor area -- 1 per 500 SF of floor area up to Solid waste disposal 40,000 SF, then 1 per 2,500 SF of -- facilities additional floor area (excludes any outdoor storage area) Specialty food 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area service Over 5,000 SF of floor indoor floor area: 1 per 1,500 SF Sports complexes No maximum of indoor floor area + 1 per 2,500 SF of outdoor area Stadiums 1 per 15 seats 1 per 100 seats Studios for artists 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area and craftspeople Telecommunication towers (ground- 1 per tower -- mounted) Theaters and Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area performance halls area Utility substations 1 per 200 SF of office floor area -- Veterinary services 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-5 Page 375 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces 1 per 200 SF of office floor area + 1 Warehousing and Over 10,000 SF of floor area: 1 per 2,500 SF of floor per 25,000 SF of warehouse floor distribution area area Wharves, piers, docks, and landing No maximum -- ramps 1 per 200 SF of office floor area + 1 Wind energy system -- per turbine 18.1.5 Use of parking facilities b. All other commercial vehicles A. In general. The sale, repair, or dismantling or including but not limited to semi-truck servicing of any vehicles, equipment, materials, tractor units, with or without attached or supplies is prohibited, unless customarily trailers, flatbed trucks, box trucks, incidental or accessory to a conforming buses, construction vehicles, livery principal use. vehicles that exceed standard B. Commercial vehicles passenger vehicle size such as 1. Residential zones limousines, or other large commercial a. No commercial vehicle may be parked vehicles are not permitted to be outdoors on a lot in a residential zone, stored or parked outdoors overnight with the following exceptions: on a lot. i. Vehicles engaged in loading, 2. All other zones unloading, or current work being a. Commercial vehicles with the logo of performed on the premises. the commercial business painted on ii. Commercial vehicles that are or applied to the vehicle that are being standard size passenger motor operated and stored in the normal vehicles including but not limited course of business, such as signs to vans, sport utility vehicles located on delivery trucks, (SUVs), standard passenger size promotional vehicles, moving vans, livery vehicles, and pick-up trucks, and rental trucks, are permitted to be may be stored or parked parked on the lot in areas related to outdoors overnight in a their use as vehicles, provided that the permitted parking area. Such primary purpose of such vehicles is permitted commercial vehicles not the display of signs. All such may include the logo of the vehicles must be maintained in commercial business painted on operable condition. or applied to the vehicle. 18-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 376 OFF-STREET PARKING & LOADING b. No more than one commercial vehicle 25 feet from any residential structure shall be parked outdoors on a lot in on an adjoining lot. the B-1 zone. c. Parking spaces may be located within c. No more than six commercial vehicles a required interior side or rear shall be parked outdoors on a lot in setback. When spaces are located the B-2/B-2b zones. within a required interior side or rear setback, a fence not less than six feet 18.1.6 Location of off-street vehicular in height shall be provided and parking spaces maintained along the applicable lot A. Residential zones line between such spaces and the 1. Residential uses adjoining lot. a. Vehicular parking spaces shall be d. Where parking for a nonresidential located to the side or rear of the use is located within 10 feet of any principal structure, and shall not be street, a continuous, permanently located between the front building anchored curb guard, at least five feet line and the front lot line, with the from the lot line, shall be provided exception of parking within driveways between such off-street parking and on lots containing single-family, two- the lot line involved, the top of which family, three-family, or four-family shall be at least 20 inches in height. dwellings. B. Mixed use, transit-oriented, and office zones b. Parking spaces may be located within 1. Vehicular parking spaces shall not be a required interior side or rear located between the front building line and setback. When more than six parking the front lot line, with the exception of spaces are provided in an interior side parking within driveways on lots containing or rear setback, a fence not less than three-family or four-family dwellings. six feet in height shall be provided and 2. Where off-street parking is to be provided maintained along the applicable lot within 10 feet of any street, a continuous, line between such spaces and the permanently anchored curb guard, at least adjoining lot. five feet from the lot line, shall be provided 2. Nonresidential uses between such off-street parking and the a. Vehicular parking spaces shall be lot line involved, the top of which shall be located to the side or rear of the at least 20 inches in height principal structure, and shall not be 3. Where more than six parking spaces are located between the front building provided, and such spaces abut a lot in a line and the front lot line. residential zone, a fence not less than six b. All parking spaces provided for feet in height shall be provided and nonresidential uses in residential maintained along the applicable lot line zones shall be located a minimum of between such spaces and the adjoining lot. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-7 Page 377 OFF-STREET PARKING & LOADING C. Open space and industrial zones zones, the minimum off-street loading bays or 1. Where off-street parking is to be provided loading berths shall be as established in Table within 10 feet of any street, a continuous, 18-C. These minimum requirements shall be permanently anchored curb guard, at least met and maintained in the case of new five feet from the lot line, shall be provided construction, alterations, and change of use. between such off-street parking and the B. In the case of multi-tenant buildings or mixed- lot line involved, the top of which shall be use developments, required loading bays or at least 20 inches in height. berths are calculated on the basis of each 2. Where more than six parking spaces are individual tenant (for example, if only one retail provided, and such spaces abut a lot in a tenant of a multi-tenant building is over 5,000 residential zone, a fence not less than six square feet, only one loading bay or berth is feet in height shall be provided and required; if all tenants are under 5,000 square maintained along the applicable lot line feet, no loading is required. between such spaces and the adjoining lot. 18.2.2 Design of off-street loading 18.1.7 Existing parking facilities A. All off-street loading must be located on the A. As of the effective date of this Code, existing same lot as the use served. parking facilities that do not meet the B. With the exception of the I-L/I-Lb, I-M/I-Mb, I-H, requirements of Section 18.1, but were in and A-B zones, no off-street loading is conformance with the requirements of this permitted in a front or corner side yard. Where Code at the time of their establishment, shall possible, off-street loading should be located not be considered nonconforming with regard opposite any abutting residential zone lot line. to the requirements of this article. C. Each loading bay or berth shall be a minimum B. Parking facilities existing as of the effective date of ten feet in width and 25 feet in length, of this Code that do not meet the requirements exclusive of aisle and maneuvering space, and of Section 18.1 shall be brought into must maintain a minimum vertical clearance of conformance when the following occurs: 14 feet. 1. A new principal building is constructed on D. Bays or berths may be located either within a the site. This includes construction of a building or outside and adjoining an opening in second or more principal buildings on a the building, except that in the case of hospitals site with an existing building. and residential care facilities, the off-street 2. An existing building is increased in building loading area provided for ambulance and other footprint by 50% or more. emergency vehicles shall be exempt from the minimum dimensional requirement but shall be 18.2 OFF-STREET LOADING of sufficient width and depth to permit 18.2.1 Uses requiring off-street loading expeditious access and egress from the loading A. Off-street loading is not required in the B-6 area. zone or in the waterfront zones. In all other 18-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 378 OFF-STREET PARKING & LOADING TABLE 18-B: OFF-STREET LOADING REQUREMENTS Use and Size (Gross Floor Area) Minimum Number of Bays or Berths General offices and hotels (> 100,000 SF) 1 20,000 - 100,000 SF 1 Retail 100,001 – 200,000 SF 2 > 200,000 SF 3 10,000 - 40,000 SF 1 Industrial 40,001 - 100,000 SF 2 > 100,000 SF 3 18.2.3 Requirements for additional bays, alterations, or modifications Any loading bays provided in addition to the minimum required by this article, or any loading bays otherwise established shall meet the requirements of Subsection 18.2.2, and no alterations or modifications shall be made in an existing building or structure whereby loading openings or platforms are constructed or established unless the provisions of Subsection 18.2.2 are met. 18.2.4 Existing structures Structures existing as of the effective date of this Code that do not meet the requirements of Section 18.2 are not required to install loading spaces, and shall not be considered nonconforming with regard to the requirements of this Section. Such structures may expand their footprint or gross floor area, so long as the expansion is on the same lot, no additional lot area is added, and any existing off- street loading on the site is maintained. If the existing principal building is demolished, this exemption is no longer valid. In addition, if the lot area is expanded (e.g., an adjoining lot is purchased or leased), this exemption is no longer valid. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-9 Page 379 SIGNS 19 SIGNS 19.2 APPLICABILITY 19.2.1 Applicability 19.1 PURPOSE This article applies to all permanent and temporary This article has been adopted to ensure that all signs within the city unless specifically exempted. signs installed in the city are compatible with the A. The provisions of this article shall be applied in unique character and environment of the a content-neutral manner. Non-communicative community through a comprehensive system of aspects of all signs, not related to the content reasonable, effective, consistent, content-neutral, of the sign, must comply with the provisions of and nondiscriminatory sign standards and this article. “Non-communicative aspects” requirements. More specifically, this article is include the time, place, manner, location, size, intended to: height, illumination, spacing, and orientation of A. Ensure that all signs are compatible with the signs. unique character and environment of the City B. Nothing in this article shall be construed to of Portland, and that they support the desired prohibit a person from holding a sign while urban design and development patterns of the picketing or protesting on public property. various zones, overlay zones, and historic areas within the city. 19.2.2 Substitutions and interpretations B. Balance public and private objectives by This article is not intended to, and does not, restrict allowing adequate avenues for both speech on the basis of its content, viewpoint, or commercial and non-commercial messages. message. No part of this article shall be construed C. Improve pedestrian and traffic safety by to favor commercial speech over non-commercial promoting the free flow of traffic and the speech. A non-commercial message may be protection of pedestrians and motorists from substituted for any commercial or non-commercial injury and property damage caused by, or message displayed on a sign without the need for which may be fully or partially attributable to, any approval or permit from the City, provided that cluttered, distracting, and/or illegible signage. the sign is otherwise permissible under this article. D. Prevent property damage, personal injury, and To the extent any provision of this subsection is litter caused by signs that are improperly ambiguous, the term will be interpreted not to constructed or poorly maintained. regulate on the basis of the content of the message. E. Protect property values, the local economy, and quality of life by preserving and enhancing 19.2.3 Exemptions the appearance of the streetscape. The following signs are not regulated under this F. Provide consistent sign design standards that article and are not subject to the permitting enable the fair and consistent enforcement of requirements of Section 19.3: these sign regulations. A. Numerals and letters identifying an address from the street to facilitate emergency response compliant with City requirements. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-1 Page 380 SIGNS B. Building identification signs not exceeding two facilities, or menus, provided these signs do not square feet in area for residential buildings and exceed an aggregate of two square feet in sign four square feet in area for nonresidential and area in the Residential Sign District and six mixed-use buildings. square feet in sign area in all other sign C. Any sign, posting, notice, or similar signs placed, districts. installed, or required by law by a city, county, or F. Landmark signs. a federal or state governmental agency in G. Signs posted on a community bulletin board, carrying out its responsibility to protect the not to exceed 11 inches by 17 inches. public health, safety, and welfare, including the H. Signs not readable from the public right-of-way, following: such as: 1. Emergency and warning signs necessary to Signs or displays located entirely inside of a warn of dangerous and hazardous building and not visible from the building’s conditions and that serve to aid public exterior. safety or civil defense. 1. Signs intended to be readable from within 2. Numerals and letters identifying an address a parking area but not readable beyond the from the street to facilitate emergency boundaries of the lot or parcel upon which response and compliant with City they are located or from any public right- requirements. of-way. 3. Traffic signs and signs at bus stops and in 2. Signs located within City recreation bus shelters. facilities. 4. Signs required to be displayed by any 3. Signs that are an integral part of an applicable federal, state, or local law, allowed vending machine or similar facility regulation, or ordinance. located outside of a business. 5. Signs directing the public to points of I. Temporary signs placed within the public right- interest. of-way, subject to the provisions of 23 M.R.S. 6. Signs showing the location of public §1913-A. facilities. J. Works of art that do not include sign copy or 7. Signs subject to the provisions of 23 M.R.S. where sign copy is limited to no more than 10% § 1913-A. of the total area of the artwork and the D. Historic plaques and commemorative signs dimensional standards listed in Tables 19-G and erected and maintained by non-profit 19-P. organizations, building cornerstones, and date- constructed stones not exceeding four square 19.3 REVIEW PROCEDURES feet in area. 19.3.1 Review Authority E. Non-illuminated incidental signs which provide Table 19-A establishes the final review authority for information including, but not limited to, credit sign-related applications. card acceptance, business hours, open/closed, no soliciting, directions to services and 19-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 381 SIGNS TABLE 19-A: REVIEW AUTHORITY 19.3.3 Permanent sign permits Application Building Planning Authority – Sign permit required. A sign permit is required Type Authority Historic Preservation to erect, install, construct, move, alter, replace, Sign permit ⏺ - suspend, display, or maintain (i.e., removal of the Signs in historic sign so that structural elements supporting the districts ⏺ ⏺ sign may be maintained) any permanent sign, unless otherwise specified in this article. Each 19.3.2 Applications and fees sign and change of copy (i.e., changing of the A. Filing of applications. An application for a face or letters on a sign) requires a separate sign permanent or temporary sign permit must be permit except as allowed in Subsection 19.6.4. submitted to the Building Authority on an Exceptions to the requirement for a sign permit application form or in accordance with the include the exemptions listed in Subsection application specifications published by the 19.2.3, as well as building-mounted directional Building Authority. Each application must be signs, building-mounted directory signs, and accompanied by the applicable fee, which shall window signs. Refer to Section 19.7 for be established by the City Council. permanent sign standards that apply even when B. Review and approval no sign permit is required. Any sign not 1. Following receipt of a complete authorized pursuant to this article is not application, the Building Authority shall allowed. review all sign permit applications and Assignment of permanent sign permits. A supporting documentation for compliance current and valid permanent sign permit issued with the standards of this article. under this article shall be freely assignable to a 2. The Building Authority shall either: successor as owner of the property or a. Issue the sign permit if the sign that is operator of the premises. The assignment shall the subject of the application not require approval by the Building Authority. conforms to the requirements of this C. Expiration. A permanent sign permit will expire article, and also provided that any and become null and void if the work other required permits as determined authorized in compliance with the permit is not by the Building Authority have been commenced within 180 days from the date of obtained, or issuance of the permit, or if work is suspended b. Deny the sign permit if the sign that is the or abandoned for a period of 180 days or more subject of the application fails to conform at any time after the work has commenced. to the requirements of this article. If the sign permit application is denied, the 19.3.4 Signs in historic districts reason shall be stated in writing. A. Applicability. The standards established in this subsection shall be applied within historic districts in addition to the standards otherwise established in this article. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-3 Page 382 SIGNS B. Review. In addition to being subject to the A. Public right-of-way. Within, on, or projecting other provisions of this article, all permanent over public property, City rights-of-way, or signs proposed in historic districts must be waterways, except signs specifically authorized reviewed for approval by the Planning in this article. Authority in accordance with the sign standards B. Obstructing traffic signals. Any location that included in Subsection 16.7.6 and as detailed in obstructs the view of any authorized traffic the Historic Resources Design Manual. If there sign, signal, or other traffic control device. is a conflict between the standards included in C. Obstructing intersection visibility. At the Article 16 and the requirements of this article, intersections of streets or streets and the stricter shall apply. driveways where the visual lines of sight for drivers of motor vehicles are obstructed. Signs 19.3.5 Appeals shall observe corner clearance requirements as Appeals of sign permit decisions are within the listed in Subsection 7.5.1. jurisdiction of the Zoning Board of Appeals. D. Ingress and egress. Areas allowing for ingress to or egress from any door, window, vent, exit 19.4 SIGN DISTRICTS ESTABLISHED way, or fire lane required by Chapter 6 of the Table 19-B combines the zones established in Article City of Portland Code of Ordinances or Fire 5 into sign districts based on similarity of use, Department regulations currently in effect. building form, and character. For sign standards E. Landscape elements or utilities. Tacked, specific to overlay zones, see Article 8. If no sign painted, burned, cut, pasted, or otherwise standards exist within the overlay zone, the affixed to trees, rocks, light and utility poles, standards of the underlying zone shall apply. posts, fences, ladders, benches, or similar supports that are visible from a public way. 19.5 GENERAL RESTRICTIONS FOR ALL SIGNS F. Off-premises. Off the premises of the 19.5.1 Location restrictions business to which the commercial advertising Except where specifically authorized in this article, sign refers, except as provided in Table 19-X. signs may not be placed in the following locations: G. Roof-mounted. Mounted on the roof of a building or structure. 19-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 383 SIGNS TABLE 19-B: SIGN DISTRICTS ESTABLISHED Sign District Zones Description Residential Sign RN-1 Residential Neighborhood Zone These zones comprise the vast majority of residential District RN-2 Residential Neighborhood Zone land in Portland. Signage is limited in these zones, as a RN-3 Residential Neighborhood Zone variety of sign types could detract from the desired RN-4 Residential Neighborhood Zone residential character. RN-5 Residential Neighborhood Zone RN-6 Residential Neighborhood Zone IR-1 Island Residential Zone IR-2 Island Residential Zone Small Mixed-Use B-1 Neighborhood Business Zone These zones allow a variety of sign types to achieve a Sign District B-2b Community Business Zone diverse, mixed-use character appropriate for IS-FBC UA, UN, and UT Zones neighborhood residential, office, service, and retail I-B Island Business Zone uses. O Office Zone Large Mixed-Use B-2 Community Business Zone These zones comprise the major commercial centers Sign District B-4 Commercial Corridor Zone in Portland and allow a variety of sign types to EWPZ Eastern Waterfront Port Zone achieve a diverse character appropriate for major office, service, and retail uses. Downtown Sign B-3 Downtown Business Zone The downtown core zones allow a variety of sign District B-5 Urban Commercial Zone types to achieve a diverse, mixed-use character B-6 Eastern Waterfront Zone appropriate for office, service, retail and mixed-uses WCZ Waterfront Central Zone in the downtown. Industrial and A-B Airport Business Zone These zones allow a number of sign types to achieve Transportation Sign I-L Low-Impact Industrial Zone a character appropriate for industrial manufacturing, District I-M Moderate-Impact Industrial Zone warehousing, and transportation uses. I-H High-Impact Industrial Zone WPDZ Waterfront Port Development Zone Open Space Sign OS-R Recreation and Open Space Zone These zones prohibit most sign types, allowing only District OS-P Open Space Preservation Zone those necessary to provide information for primarily open space and recreation uses. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-5 Page 384 SIGNS H. Storage containers and receptacles. On fuel or other means. Barber poles no more than tanks, storage containers, and/or solid waste three feet in height and 10 inches in diameter receptacles or their enclosures, except for a and clocks are excepted from this restriction. manufacturer’s or installer’s identification, B. Sound, odor, or any particulate matter including appropriate warning signs and placards, and bubbles, smoke, fog, confetti, or ashes. information required by law. C. Lighting devices with intermittent, flashing, rotating, blinking, or strobe light illumination, 19.5.2 Prohibited signs animation, motion picture, or laser or motion Except as otherwise provided in this article, the picture projection, or any lighting effect following signs are prohibited: creating the illusion of motion, as well as laser A. Billboards. or hologram lights. B. Signs that could be confused with any authorized D. Search lights or laser light displays when used traffic signal or device or that interfere with, as attention-attracting devices. obstruct, confuse, or mislead traffic. E. Strings of lights used in connection with C. Bandit signs. commercial premises, except when used for D. Signs or other devices that are inflatable or temporary lighting for decoration, and lights affected by the movement of the air or other arranged in the shape of a product, arrow, or atmospheric or mechanical means, including any commercial message. inflatable balloons, spinners, strings of flags and pennants, feather banners, fixed aerial displays, 19.6 GENERAL REQUIREMENTS FOR ALL SIGNS streamers, tubes, and inflated characters used 19.6.1 Sign measurement as signs, whether attached to a sign or to Sign area and height shall be measured as described vehicles, structures, poles, trees and other in Tables 19-C and 19-D. vegetation, or similar support structures, except as allowed in Section 19.8. 19.6.2 Computation of the number of signs E. Any sign which advertises a business no longer When determining the number of signs, a single sign in existence or a product or service no longer shall be considered either enclosed within a single being sold, except for landmark signs. frame or composed of modular parts with identical F. Any temporary sign, other than those signs frame elements designed to be joined together to allowed pursuant to Section 19.8. form a single composite sign. G. Any other signs not specifically allowed by the provisions of this article. 19.5.3 Display restrictions Except as otherwise provided in this article, the following display features are prohibited: A. Animated features which rotate, move, or give the appearance of moving by mechanical, wind, 19-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 385 SIGNS TABLE 19-C: SIGN AREA MEASUREMENT Signs on Sign copy mounted, affixed, or painted on a background background panel or surface distinctively panel painted, textured, or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangle(s) that will enclose both the sign copy and the background. Signs as Sign copy mounted as individual letters or individual graphics against a building surface that has letters not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the sign. Signs on Sign copy mounted, affixed, or painted on illuminated an illuminated surface or illuminated surface element of a building or structure, is measured as the entire illuminated surface or illuminated element, which contains sign copy. Such elements may include lit canopy fascia signs, and/or interior lit awnings. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-7 Page 386 SIGNS TABLE 19-C (CONT.): SIGN AREA MEASUREMENT Irregular- Sign area for irregular shaped signs is shaped signs determined by dividing the sign into squares, rectangles, triangles, circles, arcs, or other shapes the area of which is easily calculated. Multi-face signs For two-face signs, if the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is determined by the measurement of one sign face only. If the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces. For three- or four-face signs, the sign area is 50 percent of the sum of the areas of all sign faces. Spherical, free- Spherical, free-form, or sculptural signs are form, or measured as 50% of the sum of the areas of sculptural signs the four vertical sides of the smallest four- sided polyhedron that will encompass the sign structure. Signs with greater than four polyhedron faces are prohibited. Note: Numerals and letters used to identify an address are not included in the determination of sign area. 19-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 387 SIGNS TABLE 19-D: SIGN HEIGHT MEASUREMENT Building- The height of signs mounted on a building is mounted signs the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure. Freestanding Sign height is measured as the vertical signs distance from the finished grade at the base of a sign to the top of the sign exclusive of any filling, berming, mounding, or landscaping solely for the purpose of locating the sign and excluding decorative embellishments as permitted in Section 19.7. 19.6.3 Sign illumination b. The sign’s illumination interferes with A. Sign illumination by sign district the visibility of other signs or with the 1. Table 19-E identifies the type of perception of objects or buildings in illumination permitted () or not the vicinity of the sign. permitted ( ) by sign district. All allowed c. It directs glare toward streets or permanent signs may also be non- motorists. illuminated. All permanent signs for single- d. It adversely impacts nearby residents family residences or duplexes and all or neighborhoods. temporary signs must be non-illuminated. e. The illumination reduces the night 2. The illumination level of a sign must be time readability of the sign. reduced if the Building Authority B. Internal illumination. To minimize glare, determines the light output to be internally-illuminated signs must either be excessive. The Building Authority shall use constructed with an opaque background and the following criteria to determine if the translucent text and symbols, or with a colored illumination is excessive: background. Backgrounds must not be white, a. The amount of illumination is off-white, light gray, cream, or yellow. substantially greater than the illumination level of other nearby signs. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-9 Page 388 SIGNS TABLE 19-E: SIGN ILLUMINATION BY SIGN DISTRICT Sign District Name Type of Illumination Internal Internal (Cabinet (Individual Single or Electronic or Halo Letters Two-Color Message External Direct Sign) /Logo) Neon LED Signs Residential Sign District -- 1 -- 1 -- 1 Small Mixed-Use Sign District   2  3    Large Mixed-Use Sign District        Downtown Sign District       Industrial and Transportation        4 Sign District Open Space Sign District  1 Allowed for institutional uses only. 2 Only allowed in B-1, B-2, IS-FBC, and I-B zones. 3 Only allowed in B-2 and OP zones. 4 Only allowed in I-L, I-M, and I-H zones. C. External illumination D. Direct illumination. All direct illumination 1. Externally-illuminated signs must be must be turned off daily at the close of illuminated only with steady, stationary, business or 10 p.m., whichever occurs last. fully-shielded light sources directed solely E. Neon. Exposed neon sign lighting must be onto the sign without causing glare. turned off daily at the close of business or 10 2. The light source for externally-illuminated p.m., whichever occurs last. signs must be arranged and shielded to F. Single-color or two-color LED signs. substantially confine all direct light rays to 1. Single or two-color LED signs are exempt the sign face and away from streets and from the sign area limitations for window adjacent properties as illustrated in Figure signs and building-mounted signs. 19-A. 2. Single or two-color LED signs must be turned off daily at the close of business or 10 p.m., whichever occurs last. G. Electronic Message Signs 1. One electronic message sign is allowed per lot. 2. Electronic message signs must not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion). FIGURE 19-A: EXTERNAL ILLUMINATION 19-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 389 SIGNS Electronic message signs may display C. Illumination. Changeable sign copy may be changing messages provided that each non-illuminated or internally-illuminated. message is displayed for no less than 30 seconds. 19.6.5 Structure and installation 3. Electronic message signs must be A. Authority. The construction of signs shall be equipped with photocell technology to enforced and administered by the Building control and vary the intensity of light Authority. All signs and advertising structures output depending on the amount of must be designed to comply with the ambient light that is present to prevent provisions of this article and applicable overly bright luminance at night. provisions of Chapter 6 of the City of Portland Automatic controls must limit night Code of Ordinances and constructed to luminance to a maximum of 100 nits when withstand wind loads, dead loads, and lateral the display is set to show maximum forces. brightness in 100 percent full white mode. B. Electrical features. Where electrical service is 4. The applicant shall provide a written provided to freestanding signs or landscape certification from the sign manufacturer wall signs, all such electrical service must be that the night time luminance has been placed be underground and concealed. factory pre-set not to exceed 100 nits as Electrical service to building-mounted signs, described in (3) above, and that this setting including conduit, housings, and wire, must be is protected from end-user modification by concealed or, when necessary, painted to password-protected software or other match the surface of the structure upon which method as deemed appropriate by the they are mounted. An electrical permit shall be Building Authority. issued prior to installation of any new signs 5. Electronic message signs must be turned requiring electrical service. off daily at the close of business or 10 p.m., whichever occurs first. 19.6.4 Changeable sign copy Changeable sign copy must comply with the following standards: A. Maximum area. The maximum area of FIGURE 19-B: RACEWAY CABINET EXAMPLES changeable sign copy shall be limited to 50% of C. Raceway cabinets. Raceway cabinets, as the total sign area, except for marquee signs. illustrated in Figure 19-B, shall only be used in This does not apply to any signs required by law. building-mounted signs when access to the wall B. Sign design. The changeable sign copy must be behind the sign is not feasible, shall not extend an integral part of a permanent building- in width and height beyond the area of the sign, mounted or freestanding sign. and shall match the color of the building to FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-11 Page 390 SIGNS which it is attached. Where a raceway cabinet and contents of the sign permit issued for its provides a contrast background to sign copy, installation and provisions of this article. the colored area is counted in the total allowable sign area allowed for the site or 19.7 STANDARDS FOR PERMANENT SIGNS business. A raceway cabinet is not a cabinet sign. 19.7.1 Permitted sign types by sign district D. Materials. All permanent signs allowed by this Table 19-F establishes which sign types are article must be constructed of durable permitted (  ) or not permitted ( ) in each sign materials capable of withstanding continuous district. Any combination of allowed sign types may exposure to the elements and must be be used within a given sign district unless specifically permanently attached to the ground, a building, prohibited. or another structure by direct attachment to a rigid wall, frame, or structure. 19.7.2 Permanent building-mounted sign standards 19.6.6 Sign maintenance The maximum total area for all building-mounted All signs must be maintained by any property owner, signs is established in Table 19-G. The area of all lessor, lessee, manager, agent, or other person building-mounted signs is included in the maximum having lawful possession or control over a building, total sign area, except when specifically exempted. structure, or parcel of land, in a condition or state All permanent building-mounted signs shall comply of equivalent quality to which was approved or with the corresponding sign type standards required by the City. All signs together with their provided in Tables 19-H to 19-Q. supports and appurtenances must be maintained in good structural condition, in compliance with 19.7.3 Permanent freestanding sign standards applicable provisions of Chapter 6 of the City of All permanent freestanding signs shall comply with Portland Code of Ordinances, and in conformance the standards of Table 19-R and the corresponding with this article. Maintenance of a sign includes sign type standards established in Tables 19-S to 19- periodic cleaning, replacement of flickering, burned V. Unless specifically indicated, standards applicable out, or broken light bulbs or fixtures, repair or within a sign district apply to single- and multi- replacement of any faded, peeled, cracked, or tenant buildings. There is no setback requirement otherwise damaged or broken parts of a sign, and for permanent freestanding signs, provided that the any other activity necessary to restore the sign so sign is entirely located on the property where the that it continues to comply with the requirements sign is permitted, and the sign is located in compliance with Table 19-F. 19-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 391 SIGNS TABLE 19-F: ALLOWED SIGN TYPES BY SIGN DISTRICT Large Small Mixed-Use Residential Mixed-Use Sign Downtown Industrial Open Space Sign Type Sign District 1 Sign District District Sign District Sign District Sign District Awning Sign      Canopy Sign     Blade Sign    Directional Sign      3 Directory Sign      Marquee Sign   Projecting Sign     Service Island Mounted Mounted -    Canopy Sign Wall Sign       Building Window Sign      Freestanding    3   Directional Sign Freestanding 2   4   Directory Sign Monument Sign   4   Freestanding 4 Pole Sign      1 For institutional uses in residential zones, all permanent sign types are allowed except for the following: awning sign, blade sign, canopy sign, marquee sign, pole sign, projecting sign, service island canopy sign; and window sign. 2 Not allowed in the RN-1, RN-2, IR-1, and IR-2 zones. 3 Not allowed in the B-3 zone. 4 In the B-3 and B-5 zones, freestanding signs are permitted only if the front façade of the building is set back a distance of at least 20 ft. from either of the front facades of abutting buildings. In the case of a multi-tenant building, the individual tenants’ frontage must be set back a distance of at least 20 ft. from other tenant’s frontages. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-13 Page 392 SIGNS TABLE 19-G: DIMENSIONAL STANDARDS FOR BUILDING-MOUNTED SIGNS BY SIGN DISTRICT Sign District Total Area for All Signs (per tenant or façade) Number of Signs (max.) 1 per lot (either freestanding or building- Single-family lots 2 SF max. mounted) Multi-family lots 10 SF max. 1 per street frontage ential Institutional use in all 1.5 SF per linear foot of building façade where the si d residential zones sign is placed 1 per street frontage, plus 2 additional Re 150 SF max. I-B zone: 1 SF per linear foot of building façade where the sign is placed; Max. 40 SF Use Single-tenant building 1 per street frontage, plus 1 additional - All other zones: 1.5 SF per linear foot of building façade where sign is placed; Max. 100 SF per facade 1.5 SF per linear foot of building façade where the 1 per tenant5,6, plus 1 additional for the Multi-tenant building sign is placed building. Small Mixed 150 SF max. per tenant Single-tenant building 2 SF per linear foot of building façade where the 1 per street frontage, plus 2 additional - sign is placed 200 SF max. per façade 1 Multi-tenant building 1.5 SF per linear foot of tenant façade where the 6 1 per tenant , plus 1 additional for the rge Mixed sign is placed building. La Use 150 SF max. per tenant 2 SF per linear foot of building façade where the Single-tenant building 1 per street frontage, plus 2 additional sign is placed Ground floor 2 SF per linear foot of tenant frontage where the 1 per tenant5, 6 Multi- tenants sign is placed tenant Building ID and 5% of building wall area max. for all upper floor 1 per tenant, plus 2 additional for the building upper floor tenant signs place on a facade. building Downtown tenants 2 SF per linear foot of building façade where sign is Single-tenant building placed 1 per street frontage, plus 2 additional & 250 SF max. 2 SF per linear foot of tenant frontage where the 1 per tenant, plus 2 additional for the Multi-tenant building sign is placed building Industrial Trans. 200 SF max. Commercial signs/facility 1 SF per linear foot of building façade where the 1 per use (either freestanding or signs2, 3 sign is placed building-mounted) Open Space 20 SF max.4 Sign placement The total sign area for signs on single-tenant or multi-tenant buildings may be placed on any building elevation, provided that at least 1 sign must be placed on the tenant facade. 1 Where a building features two principal entry facades facing parallel streets, each entry façade shall be eligible for the full amount of signage relative to its frontage, notwithstanding the total area. 2 Standards do not apply to municipal stadiums with more than 6,000 seats. The standards for the Small Mixed-Use Sign District shall apply instead. 3 Building signs shall be visually related to the building on which they are located in terms of materials, color, scale, etc., as determined by the Building Authority. 4 Product trademarks limited to 5% of total sign area. 5 On the peninsula, each tenant may have two signs, provided that one sign is a blade sign and one sign is placed parallel to the building façade. 6 If a tenant faces additional street frontages, one additional sign is allowed per frontage for that tenant. 19-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 393 SIGNS TABLE 19-H: STANDARDS FOR AWNING SIGNS Standard Requirements Sign area (max.) 1 SF per linear foot of awning width Mounting height 8 ft. min. from the bottom of the awning to the nearest grade or sidewalk 25 ft. max. Sign placement Must be placed above the doors and windows of the ground floor of a building. Awnings shall not project above, below, or beyond the edges of the face of the building wall or architectural element. May project into public right-of-way with permit approval. Valance height (max.) 6 in. Horizontal distance from back 2 ft. of curb (min.) Illumination Illumination allowed under the awning. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-15 Page 394 SIGNS TABLE 19-I: STANDARDS FOR CANOPY SIGNS Standard Requirements Sign area (max.) 1 SF per linear foot of canopy width Mounting height 8 ft. min. from the bottom of the sign to the nearest grade or sidewalk 20 ft. max. Sign placement Must be placed above the doors and windows of the ground floor of a building. May project into public right-of-way with permit approval. Horizontal distance from back of curb 2 ft. (min.) Illumination Direct illumination or internal illumination 19-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 395 SIGNS TABLE 19-J: STANDARDS FOR BLADE SIGNS Standard Requirements Sign area (max.) 16 SF Mounting height 8 ft. min. from the bottom of the sign to the nearest grade or sidewalk Must be mounted perpendicular to the building face or corner of the building. Sign placement If mounted below the underside of a walkway or overhead structure, must not extend beyond the edge of the structure on which it is located. May project into public right-of-way with permit approval. Illumination External illumination FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-17 Page 396 SIGNS TABLE 19-K: STANDARDS FOR DIRECTIONAL SIGNS (BUILDING-MOUNTED) Standard Requirements Sign area (max.) 3 SF per sign face (excluded from the total allowed sign area for all building-mounted signs) Mounting height 6 ft. max. from nearest grade Number of signs (max.) 1 per facade, drive-through lane, or alley, not to exceed 3 signs per lot (excluded from the total number of allowed signs for all building-mounted signs) Illumination Internal illumination 19-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 397 SIGNS TABLE 19-L: STANDARDS FOR DIRECTORY SIGNS (BUILDING-MOUNTED) Standard Requirements 1 SF per occupant of tenant space and 16 SF total max. (excluded from the total allowed Sign area (max.) sign area for all building-mounted signs) Mounting height 8 ft. max. from nearest grade 1 per primary building entrance (excluded from the total number of allowed signs for all Number of signs (max.) building-mounted signs) Illumination External illumination or internal illumination FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-19 Page 398 SIGNS TABLE 19-M: STANDARDS FOR MARQUEE SIGNS Standard Requirements Sign area (max.) 1 SF to 1 linear foot of marquee width Mounting height 12 ft. min. from the bottom of the marquee to the nearest grade or sidewalk Number of signs (max.) 1 per business Sign placement May project into public right-of-way with permit approval. Horizontal distance from back 2 ft. of curb (min.) Illumination Direct illumination or internal illumination 19-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 399 SIGNS TABLE 19-N: STANDARDS FOR PROJECTING SIGNS Standard Requirements Sign area (max.) As provided in Table 19-G. Mounting height 8 ft. min. from the bottom of the sign to the nearest grade or sidewalk. Sign placement Only on the wall of a building. May project into public right-of-way with permit approval. Number of signs (max.) 1 per business Projection (max.) 4 ft. from the building wall to the outer edge of the sign External illumination, direct illumination, neon, or internal illumination of individual letters Illumination or graphics only. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-21 Page 400 SIGNS TABLE 19-O: STANDARDS FOR SERVICE ISLAND CANOPY SIGNS Standard Requirements Sign area (max.) 20 SF per sign Number of signs (max.) 1 per canopy façade, not to exceed 2 signs total Illumination Internal illumination 19-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 401 SIGNS TABLE 19-P: STANDARDS FOR WALL SIGNS Standard Requirements Sign area (max.) As provided in Table 19-G Number of signs (max.) As provided in Table 19-G Illumination External illumination, direct illumination, internal illumination, or neon Painted wall signs are allowed on any exterior building wall of an individual tenant space or building. The allowable area for painted wall signs shall be increased by 10% over the normal allowable sign dimensions for the zone. Murals and exterior painting that contain Special provisions sign copy are allowed without a permit provided the sign copy does not compromise more than 10% percent of the total area of the artwork, complies with any applicable requirements of Article 16, and meets the dimensional standards for a wall sign within the applicable sign district, including the maximum number of signs allowed in Table 19-G. TABLE 19-Q: STANDARDS FOR WINDOW SIGNS Standard Requirements Combined area of temporary and permanent window signs must not exceed 50% of the area of the window on which they are displayed. Painted window signs or perforated vinyl signs are Sign area (max.) included in this calculation. Excluded from the total allowed sign area for all building-mounted signs. Must be mounted or displayed on the interior of the window. Sign placement Allowed on 1st and 2nd story windows only. Illumination Neon or single- or two-color LED signs FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-23 Page 402 SIGNS TABLE 19-R: DIMENSIONAL STANDARDS FOR FREESTANDING SIGNS BY SIGN DISTRICT Sign District Area (max.) Height (max.) Number of Signs 1 per lot (freestanding or Single-family lots 2 SF 5 ft. building-mounted) Multi-family lots 15 SF 5 ft. 1 per major vehicular entrance Institut- Street frontage ≤ 100 ft. 15 SF 6 ft. 1 per frontage1, 2 ional Street frontage 100 – 250 ft. 25 SF 8 ft. 1 per frontage1, 2 Residential Street frontage ≥ 250 ft. 50 SF 8 ft. 1 per frontage1, 2 Single-tenant building 32 SF B-1/B-1b, B-2b/B-2c < 1 acre lot 32 SF zones: 16 ft. 1 per lot1 Use Multi-tenant building 1 – 2.5 acre lot 100 SF In all other zones: - > 2.5 acre lot 140 SF 8 ft. I-B Zone3 20 SF 10 ft. 1 per use OP zone Center identification sign 50 SF 8 ft. 1 per major vehicular entrance Small Mixed Tenant sign 15 SF 5 ft. 1 per tenant2 Single- Street frontage ≤ 200 ft. 65 SF B-4 zone: 25 ft. 1 Use tenant In all other zones: 1 per lot - Street frontage > 200 ft. 100 SF building 18 ft. Multi- < 1 acre lot 65 SF B-4 zone: 25 ft. tenant 1 - 2.5 acre lot 100 SF In all other zones: 1 per lot1 Large Mixed building > 2.5 acre lot 140 SF 18 ft. Downtown 16 SF 6 ft. 1 per frontage1 1 Single-tenant building 35 SF 10 ft. 1 per lot Multi-tenant building 100 SF 18 ft. 1 per lot1 Street frontage ≤ 200 Single- 32 SF 16 ft. 1 per lot1 ft. tenant AB Street frontage > 200 building 65 SF 16 ft. 1 per lot1 zone ft. rial & Transportation Multi- < 1 acre 32 SF tenant 1 - 2.5 acres 100 SF 16 ft. 1 per lot1 Indust building ≥ 2.5 acres 140 SF 5 Park identification signs 30 SF 10 ft. 1 per major park entrance 4 1 per use (building-mounted or All other signs5 16 SF6 8 ft. Open Space freestanding) 1 Lots with multiple street frontages are allowed one freestanding sign for each frontage, provided that the signs are not concurrently visible from the public right-of-way. 2 Where a lot contains more than one affiliated use or tenant, uses and tenants may be allocated space on a shared sign. Individual uses or tenants are not allowed to have individual freestanding signs. 3 Only allowed for marine-related uses serving vessel traffic. 4 Standards do not apply to municipal stadiums with more than 6,000 seats. The standards for the Small Mixed-Use Sign District shall apply instead. 5 All signs must be integrated into existing landscape features or visually related to the materials, colors, scale, etc. of existing buildings as determined by the Building Authority. 6 Product trademarks limited to 5% of total sign area. 19-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 403 SIGNS TABLE 19-S: STANDARDS FOR DIRECTIONAL SIGNS (FREESTANDING) 1 Standard Requirements Sign area (max.) 3 SF per sign face (excluded from the total allowed sign area for all freestanding signs) Height (max.) 6 ft. from nearest grade, except 4 ft. at driveway or drive-through lanes 1 at each driveway or drive-through lane, not to exceed 3 signs per lot (excluded from the Number of signs (max.) total number of allowed signs for all freestanding signs) Illumination Internal illumination 1.The maximum sign area and height standards may be further limited by the standards established in Table 19-R. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-25 Page 404 SIGNS TABLE 19-T: STANDARDS FOR DIRECTORY SIGNS (FREESTANDING)1 Standard Requirements 12 SF total Sign area (max.) 1 SF max. per occupant or tenant space (excluded from the total allowed sign area for all freestanding signs) Height (max.) 6 ft. from nearest grade, except 4 ft. at driveway or drive-through lanes 1 per building (excluded from the total number of allowed signs for all freestanding Number of signs (max.) signs) Illumination External illumination or internal illumination 1 The maximum sign area and height standards may be further limited by the standards established in Table 19-R. 19-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 405 SIGNS TABLE 19-U: STANDARDS FOR MONUMENT SIGNS1 Sign District Standard Residential Small Mixed- Large Mixed- Sign Use Sign Use Sign Downtown Industrial Open Space District2 District District Sign District Sign District Sign District Sign area (max.) 50 SF 50 SF 140 SF 50 SF 100 SF 20 SF Height (max.) 8 ft. 8 ft. 18 ft. 6 ft. 18 ft. 5 ft. Base width (min.) The base of a monument sign must be at least 60% of the width of the sign. Non-illuminated, internal illumination, or external illumination Illumination Electronic message signs are allowed as a form of illumination where permitted in Table 19-E. Special provisions Elements to enhance the design of a sign structure may extend above the sign to a max. of 20% of for sign height the sign’s allowed height, or 12 inches, whichever is greater. 1 The maximum sign area and sign height standards may be further limited by the standards established in Table 19-R. If no value is included in the table above, then a monument sign is not allowed in that sign district 2 Allowed for institutional uses in residential zones only. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-27 Page 406 SIGNS TABLE 19-V: STANDARDS FOR POLE SIGNS1 Sign District Standard Small Large Industrial Residential Mixed-Use Mixed-Use Downtown Sign Open Space Sign District Sign District Sign District Sign District District Sign District Sign area -- 24 SF 24 SF 18 SF 24 SF 20 SF (max.) Signs ≤ 8 ft. High Height (max.) -- 8 ft. 8 ft. 6 ft. 8 ft. 8 ft. Sign area -- 140 SF 140 SF 140 SF (max.) Signs 8 - 25 ft. high Height (max.) -- 16 ft. 25 ft. 16 ft. Non-illuminated or internal illumination Illumination Signs ≤ 8 ft. in height may have external illumination Electronic message signs are allowed as a form of illumination where permitted in Table 19-E. Signs ≥ 8 ft. in height must have minimum 75 foot separation from other pole signs ≥ 8 ft. on the Sign placement same side of the street. Elements to enhance the design of a sign structure ≤ 8 ft. in height may extend above the sign to a Sign height max. of 20% of the sign’s allowed height, or 12 inches, whichever is greater. 1 The maximum sign area and sign height standards may be further limited by the standards established in Table 19-R. 19-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 407 SIGNS 19.8 STANDARDS FOR TEMPORARY SIGNS materials; and attachments such as balloons, 19.8.1 In general ribbons, and loudspeakers are prohibited. Temporary signs are allowed only in compliance E. Temporary signs must be of sufficient weight with the provisions of this section. and durability to withstand wind gusts, storms, A. Information required for display. All and other exterior elements. temporary signs are required to display the name and address of the entity placing the sign, 19.8.2 Temporary sign permits and the date the sign was erected. A. Sign permit required. A temporary sign B. Not included in permanent sign allowances. permit is required to display a temporary wall Temporary signs are not counted toward the banner sign and an A-frame sign placed in the maximum total sign area established in Section public right-of-way. All other temporary sign 19.7. types do not require a sign permit. C. General time, place, and manner B. Duration of temporary sign permit. A restrictions. Unless specifically exempted by temporary sign permit for a wall banner is valid this section, temporary signs must be placed in for 60 days from the date of issuance. There compliance with Subsection 19.5.1. Temporary are no time limitations for A-frame signs signs must not be placed to create a hazard for installed in public right-of-way. pedestrian or vehicular traffic and must allow for a four-foot wide sidewalk to comply with 19.8.3 Additional standards for temporary signs the Americans with Disabilities Act. All temporary signs shall comply with the standards D. Any form of illumination, including flashing, of Tables 19-W and 19-X. blinking, or rotating lights; animation; reflective . FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-29 Page 408 SIGNS TABLE 19-W: TEMPORARY SIGN STANDARDS BY SIGN DISTRICT Standard Requirement Total area of all temporary signs at 16 SF per lot any one time (max.) Number of signs Unlimited except that the total sign area must not exceed 16 SF (max.) Residential Time limit (max.) None 24 SF per banner Total area (max.) Where multiple building-mounted banners are proposed, the total cumulative area of all banners shall not exceed 72 SF per facade. Time limit (max.) Temporary banners may be placed on a construction site until construction is complete. Construction 24 SF per tenant, with a total of max. 72 SF per lot (excludes the area of temporary window Total area of all signs and permitted wall banner signs) temporary signs at any one time (max.) Exception: In the Downtown Sign District and historic districts, max. 12 SF per tenant (excludes the area of temporary window signs and permitted wall banner signs) 1 wall banner per tenant in a multi-tenant building. All other temporary sign types unlimited, except that the total sign area of all temporary Number of signs signs (excludes the area of temporary window signs and permitted wall banner signs) must (max.) not exceed the total square footage provided above. Exception: In multi-tenant shopping centers or offices, max. 2 temporary wall banner signs per 150 linear feet of property frontage, not to exceed 24 SF combined. 60 days per temporary sign permit per Subsection 19.8.2, and up to 180 days per calendar Time limit (max.) Other year. 19-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 409 SIGNS TABLE 19-X: STANDARDS FOR TEMPORARY SIGN TYPES Standard Temporary Sign Width Area Type1 Height (max.) (max.) Other Requirements Prohibited in residential zones except for institutional uses.. Must not be placed in public right-of-way except as permitted by the Min. 30 in. 2 ft. 8 SF City. 3 Max. 4 ft. If advertising a business, only permitted during regular business hours. A-frame or upright sign2 Prohibited in residential zones except for institutional uses. Must be mounted on a building wall or on T-posts or stakes installed 32 SF ≤ 6” from a wall on which the wall banner will be hung. Mounting height (max.): 25 ft. to top of banner. Wall banner FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-31 Page 410 SIGNS TABLE 19-X (CONT.): STANDARDS FOR TEMPORARY SIGN TYPES Standard Temporary Sign Height Width Area Type1 (max.) (max.) (max.) Other Requirements Mounting height (max.): Placed no higher than second story See End windows. Inside mounting required. Window sign Note4 Not included in the total sign area for all temporary signs. Yard sign 4 ft. 2 ft. 3 SF Installation requirements: Installed securely in the ground. (Type I) Yard sign 6 ft. 2 ft. 4 SF Installation requirements: Installed securely in the ground. (Type II) Yard sign 6 ft. 8 ft. 32 SF Installation requirements: Installed securely in the ground. (Type III) 1 Other temporary sign types may be allowed (e.g. fuel pump topper signs; wrap around waste receptacles) provided the max. area limitation for all temporary signs is not exceeded. 2 These signs may be used to identify businesses located down a wharf in the EWPZ and WCZ Zones that have no street frontage and where no other options for on-site permanent signage are available. 3 A min. 4-foot wide pedestrian walkway must be maintained at all times. 4 The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 50% of the area of the window on or within which they are displayed. 19-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 411 SIGNS 19.9 NONCONFORMING SIGNS article for building signs including Table 19- 19.9.1 Applicability G for building signs. Nonconforming signs may be maintained, expanded 2. When an application is filed for a new upon, and/or reduced only in accordance with the freestanding sign, all freestanding signs on provisions of this section. the lot must come into compliance with all requirements of this article for 19.9.2 Removal or replacement of a freestanding signs including Table 19-R for nonconforming sign freestanding signs. Lawfully nonconforming signs must be made to D. Modification of sign. A sign is modified in any conform or shall be removed if any of the following way, except for routine maintenance or repair occurs, unless the improvements are required to of sudden and accidental damage, or for a achieve compliance with applicable federal, state, or change in the message panel only, unless local regulations, other than the provisions of this otherwise required to conform under this article, and the improvements do not require subsection. Repair of sudden and accidental replacement of the nonconforming sign. In no event damage will not include replacement of the will the degree of nonconformity of any sign or type entire sign, which is treated as a modification of signage on any lot be increased. under this subsection. Letters on A. Major site plan review. Major site plan review nonconforming signs designed for changeable is sought for any new structures or building messages may be changed without triggering additions on the site, except as provided in (E) the terms of this subsection as long as no other below. change is made to the sign. Replacement of an B. New building permit for rehabilitation. A awning covering with substantially the same building permit is sought for a rehabilitation of material and text is not considered a a building where the value of the rehabilitation modification. exceeds 50% of the assessed value of the E. Signs on multi-tenant properties. building, or $100,000, whichever is less, 1. In the case of nonconforming freestanding provided that where rehabilitation is of a multi- shared signs for multi-tenant properties, tenant building, only the tenant or tenants signs may be added or modified to reflect whose building or area is being rehabilitated a change in individual tenants without shall be required to come into conformance triggering the terms of this subsection, with this article. provided that the degree of C. New sign permit. An application is filed for a nonconformity is not increased. new sign permit in accordance with the 2. In the case of building signs on multi- following: tenant properties, this subsection shall 1. When an application is filed for a new apply only to the individual business tenant building-mounted sign, all building- that is adding or modifying a sign or mounted signs on the lot must come into seeking major site plan review and shall not compliance with all requirements of this FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-33 Page 412 SIGNS trigger the conformance requirement for Small Mixed-Use Sign District in Table 19-G, other tenants’ building signs. whichever is less. Sign types shall be limited to F. Abandoned or vacant site. Removal of a blade, directory, wall, and window signs. nonconforming sign, or replacement of a Illumination shall be limited to external nonconforming sign with a conforming sign, is illumination only. required when the use of the sign and/or the C. If an application is filed for replacement property on which the sign is located has been freestanding sign(s) for a lawfully-existing abandoned, ceased operations, become vacant, nonconforming use located in a residential or been unoccupied for a period of 180 zone, the freestanding sign(s) must be the consecutive days or more, as long as the period same size and number as the lawfully existing of non-use is attributable at least in part to the freestanding signs, or must comply with the property owner, tenant, or other person or standards established for the Small Mixed-Use entity in control of the use. For purposes of Sign District in Table 19-R, whichever is less. No this subsection, rental payments or lease new freestanding signs for a nonconforming payments and taxes are not considered as a use in a residential zone shall be permitted. continued use. In the event this should occur, Illumination shall be limited to external such conditions will be considered as evidence illumination only. of abandonment, requiring removal of such sign by the owner of the property, their agent, 19.10 ENFORCEMENT or person having the beneficial use of the 19.10.1 Authority property, building, or structure upon which The requirements of this article shall be enforced by such sign or sign structure is erected within 30 the Building Authority as stated in Article 1. The days after written notification from the Building Building Authority has the authority to order the Authority. If such sign(s) is (are) not removed repair, maintenance, or removal of any sign or sign within the 180-day period, enforcement action structure that has become dilapidated or represents will be pursued consistent with Section 19.10. a hazard to public health, safety, or welfare. 19.9.3 Nonconforming signs in residential zones 19.10.2 Violations A. Lawfully-existing permanent signs for lawfully A. It shall be unlawful for any person, firm, or existing nonconforming uses in any residential corporation to erect, construct, enlarge, alter, zone may continue to be used. repair, display, maintain, or use a sign within the B. If an application is filed for new or replacement City contrary to, or in violation of, any provision building-mounted sign(s) for a lawfully-existing of this article. Any work commenced without a nonconforming use located in a residential sign permit, or beyond the authorized scope of zone, the building-mounted sign(s) must either a sign permit constitutes a violation of this be the same size and number as the lawfully article and is grounds for the Building Authority existing building-mounted sign(s), or must to issue a correction notice and/or to stop all comply with the standards established for the 19-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 413 SIGNS work on the sign until appropriate permits are obtained. B. Permits issued for work commenced without a sign permit, or any work beyond the authorized scope of a sign permit shall be assessed double the required permit fees for the sign(s). C. Failure to perform any act required by this article, failure to obtain any permit required, or the performance of any act prohibited by this article constitutes a violation and is subject to penalties as set forth in 30-A M.R.S. §4452. D. Each day on which a violation exists will constitute a separate violation for purposes of this section. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-35 Page 414 PUBLIC ART PROGRAM 20 PUBLIC ART PROGRAM G. Enhance Portland's growing reputation as a city which celebrates the arts. 20.1 ESTABLISHMENT H. Celebrate the multi-cultural and diverse It shall henceforth be the policy of the City to character of Portland's communities with provide on an annual basis regular funding for the place-specific art. preservation, restoration, and enhancement of its I. Encourage collaboration between artists, public art collection. This article and the funding landscape architects, urban planners, contemplated are in recognition of the fact that architects, engineers, and other designers. only by instituting a steady stream of funding for this effort and standing by that commitment, will 20.3 APPLICABILITY the City over time be able to fulfill its role as A. For the purposes of the Public Art Program, art steward of its public art collection and help nurture work shall include the following: and enrich thereby the quality of life in this city. 1. Sculpture, statues, or monuments in any material or combination of materials. 20.2 PURPOSE 2. Painting. The purpose of this article is to promote the 3. Graphic arts, printmaking, and drawing. educational, cultural, economic, and general welfare 4. Photography. of the City of Portland by providing the means to 5. Crafts in clay, fiber and textiles, wood, fund the acquisition and care of art works by the metal, plastics, glass, and other materials. City of Portland, which shall be the City's public art 6. Mixed media, any combination of forms or collection. The Public Art Program seeks to: media, including collage. A. Care for and maintain the public art collection 7. Functional art such as street furniture, as of the City of Portland by documenting, described in the Guidelines for the Public preserving, restoring, and repairing the Art Ordinance. collection. 8. Environmental art consisting of landforms B. Commission or acquire works of public art, and and artistic landscape composition. to seek donations of art work for the City’s B. The following shall not be considered public art public art collection. for the purposes of the Public Art Program: C. Provide curatorial expertise and project 1. Reproductions by mechanical or other management for the care of Portland's public means of original works of art, except for art collection. limited editions, controlled by the artist, of D. Enhance and enrich the lives of the city's original prints, cast sculptures, residents, visitors, and employees by photographs, or other works of art. incorporating the visual arts into public spaces. 2. Decorative, ornamental, or functional E. Contribute to the city's civic pride and sense of elements which are designed by the identity. building architect or consultants engaged F. Increase access to works of art for residents by the architect which are a traditional and and visitors to the area. typical element of architectural design. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 20-1 Page 415 PUBLIC ART PROGRAM 3. Those elements generally considered to be purchase, acquisition, or commission of new public conventional components of a landscape art, or major restorations, and an operations and architectural design including, but not limited maintenance account. Authorized expenditures to, plant materials, pools, paths, benches, include, but are not limited to, associated site receptacles, fixtures, and planters except as installation costs, such as lighting and landscaping, allowed by (G) and (H) in the list of included art and costs associated with the commission, work above. engineering, contract administration, unveiling, and 4. Art objects which are mass produced or of a dedication activities. Also authorized are standard design, such as playground sculpture expenditures associated with preservation, or fountains, except pieces of historical conservation, and repair of existing public art. significance to the city. Capital funds may come from any source, including 5. Directional or other functional elements, such the sale of general obligation bonds. The City’s as supergraphics, signage, color coding, and capital improvement program shall contain an maps, except where sculptural pieces are used annual appropriation for the Public Art Fund to define gateways in the city. calculated in accordance with Subsection 20.4.2. 6. Electrical, water, or mechanical service for Funds for the operation and maintenance account activation of the work. may come from any source except bonds. 7. Exhibitions and educational programs related to the work. 20.4.2 City-funded projects 8. Performing arts. A percentage of the City's Capital Improvement 9. Art that displays slogans, logos, mascots, or Program (CIP) shall be calculated and appropriated commercial advertising. annually to the Portland Public Art Fund. The C. The public art collection shall include art annual appropriation shall be .5% of the total annual objects that are owned by the City of Portland CIP. Nothing contained herein shall preclude which are permanently installed in public, funding the acquisition of art for municipal property accessible locations. Permanent public art must in other ways. be located in a public place with public visibility and impact, and shall have a permanence at 20.5 ADMINISTRATION least comparable to associated capital projects. 20.5.1 Public Art Committee responsibilities The City Public Art Program shall be administered 20.4 FUNDING by the Public Art Committee whose members shall 20.4.1 Establishment of Public Art Fund be appointed by the City Council, and shall have the The City shall establish a special revenue fund following responsibilities: designated as the Public Art Fund in the City A. Develop an annual art plan for Portland which treasury from which expenditures may be made in shall be presented to the City Council for accordance with this ordinance. The Public Art approval. Fund shall contain a capital account to fund B. Establish such guidelines as are necessary to permanent public improvements in the form of the carry out the purpose of this article. The 20-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 416 PUBLIC ART PROGRAM guidelines shall include but not be limited to H. Recommend appropriate locations and criteria for selection of artists and art work, accessibility to the public for permanent art, maintenance of a file of interested artists, with suggestion as to the type of art which is review criteria for proposed gifts of art work to appropriate. the City, procedures for artistic competitions, I. Solicit advice from arts professionals, the and requirements for the maintenance of art business community, and from local residents work. Any and all guidelines or changes to on the appropriateness of proposed art. guidelines shall be placed on a City Council J. Recommend revisions to policies and guidelines agenda as a communication. The guidelines for the improved implementation of this shall take effect 45 days after the date of program. placement on the council agenda, unless the K. Ensure that the use of funds collected under City Council takes official action disapproving this program will increase the amount of art in the guidelines, in whole or in part, prior to the the city that is available to the public. expiration of the 45-day period. If a part of a guideline is vetoed, the remainder shall 20.5.2 Public Art Committee structure continue in effect. Any guideline adopted, A. The Public Art Committee shall be composed which is not required by the statutes of the of eleven voting members who are appointed state or by this article, may be waived by the by the City Council. The City Council shall chair upon good cause being shown. appoint one of its members, the City Manager C. Recommend to the City Council the shall recommend a member, and Creative expenditure of funds for the acquisition or Portland shall recommend one of its members commissioning of public art, for maintenance to serve on the Public Art Committee. The City of public art, and for administration of this Council shall appoint the remaining eight program. members who shall be volunteers and have D. Seek private donations of funds and/or works interest and/or expertise in public art. Such of art for the purposes of expanding the public experience may include, but shall not be limited art collection or the maintenance of the to, education and experience as an architect, a collection. landscape architect, a professional curator, a E. Oversee the maintenance, care, and repair of professional artist, and/or an art educator. the public art collection. Persons appointed to the Public Art Committee F. Review the appropriateness of proposed public must live or work in Portland and shall be art which is intended to fulfill all or part of the appointed through the City's annual contribution required by this article. appointment process. G. Review potential gifts of art to the City on City B. Each Public Art Committee member shall serve property, and assist in the development for a period of three years. The appointments process of such gifts, in accordance with the shall be staggered so that three appointments Guidelines for the Public Art Ordinance. terminate each year. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 20-3 Page 417 PUBLIC ART PROGRAM C. Whenever a vacancy shall occur, the vacancy shall be filled by the City Council. D. The Public Art Committee shall adopt its own rules for the conduct of its business not inconsistent with the statutes of the state and this article. Any and all rules or changes to rules shall be placed on a City Council agenda as a communication. The rule or rules shall take effect 45 days after the date of placement on the council agenda, unless the City Council takes official action disapproving the rules, in whole or in part, prior to the expiration of the 45-day period. E. The members of the Public Art Committee shall annually elect one of their members as a chair to preside at all meetings and hearings and to fulfill the customary functions of that office, and another of their members as vice-chair. 20-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 418 INTRODUCTORY PROVISIONS 1 INTRODUCTORY PROVISIONS legal or equitable, that may be appropriate or necessary for the enforcement of the Land Use 1.1 TITLE Code. The title of this chapter of the City of Portland Code of Ordinances is the City of Portland Land Use Code 1.5.2 Violations and is referred to as the City of Portland Land Use Any person being the owner or occupant of, having Code or the Land Use Code. control of, or having the use of any building or premises or part thereof, who violates any of the 1.2 ZONING MAP provisions of this Land Use Code, shall be guilty of The City of Portland zoning map is incorporated by an offense and subject to the penalties and reference. remedies provided in Chapter 1, Section 1-15 of the City of Portland Code of Ordinances and 30-A 1.3 PURPOSE M.R.S. § 4452. The intent of the Land Use Code is to protect the health, safety, and general welfare of the residents 1.6 RELATIONSHIP WITH OTHER LAWS of Portland, consistent with the City’s 1.6.1 Federal and state law Comprehensive Plan, through standards that govern Where conditions, standards, or requirements the orderly and compatible use of land, the form imposed by any provision of this Land Use Code are and mass of buildings, and the relationship of found to be inconsistent with a provision listed in development to the public realm, Portland’s open the law or regulations of the State of Maine or spaces, and the environment. federal government, the more restrictive provision shall control. 1.4 APPLICABILITY This Land Use Code applies to all land, uses, and 1.6.2 City of Portland Land Use Code structures within the corporate limits of the City of If any provision of this Land Use Code contains an Portland. No building or structure shall be erected, actual, implied, or apparent conflict with another structurally altered, enlarged, repaired, moved, provision of this code, the more restrictive rebuilt, or used, and no land shall be sold, leased, provision shall control. conveyed, used, developed, or altered except in conformity with the provisions of this Land Use 1.6.3 Fair Housing accommodation Code. The City of Portland may make reasonable modifications to the requirements of the Land Use 1.5 ENFORCEMENT Code to accommodate the needs of persons with 1.5.1 Enforcement disabilities as so defined in Title VII of the Civil The Building Authority and/or a City of Portland Rights Act of 1968, as amended by the Fair Housing Code Enforcement Officer is authorized to institute Amendments Act of 1988. or cause to be instituted by the Corporation Counsel in the name of the City any and all actions, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1-1 Page 419 INTRODUCTORY PROVISIONS words or terms not specifically defined in this Land 1.6.4 Comprehensive Plan Use Code, they are interpreted by their common The City’s adopted Comprehensive Plan serves as dictionary meaning or customary usage consistent the basic policy guide for this Land Use Code. with their context. Amendments to this Land Use Code shall be generally consistent with the current adopted 1.8.2 Graphics and illustrations Comprehensive Plan. Graphics and illustrations are included to illustrate the intent of the text. In the case of a conflict 1.6.5 Current versions and citations between the text and any graphic or illustration, the All references to other regulations or manuals in text controls.shall control. this Land Use Code refer to the most current version and citation for those regulations or 1.8.3 Lists and examples manuals, unless expressly indicated otherwise. Unless otherwise expressly indicated, lists of items When the referenced regulations or documents or examples that use “including,” “such as”, or have been repealed and not replaced by other similar terms are intended to provide examples only, regulations or manuals, Land Use Code and shall not be construed as being limited to the requirements for compliance are no longer in items or examples listed. effect. 1.8.4 Time 1.6.6 Private agreement When a number of days is specified as a period This Land Use Code does not nullify any private from a certain day within which or after or before agreement or covenant. However, where this code which an act is authorized or required to be is more restrictive than a private agreement or completed, time is computed as the number of covenant, this code controls. The City does not calendar days excluding the calendar day when the enforce private agreements. act is authorized or required to be completed. Business days shall be interpreted as days on which 1.7 DELEGATION OF AUTHORITY the City of Portland is open for business. Whenever a provision requires the head of a department to perform an act or duty, that 1.8.5 Obligatory terms and conjunctions provision will be interpreted as authorizing the The terms in the text of the Land Use Code shall be department head or officer to delegate that interpreted in accordance with the following rules responsibility to others over whom he or she of construction: hasthey have authority. A. The terms “must”, “shall”, orand “will” are mandatory terms that express a requirement or 1.8 RULES OF INTERPRETATION impose an obligation. 1.8.1 Meaning of words and terms B. The terms “must not”, “shall not”, “will not”, All words and terms shall have the meanings shown and “may not” express a prohibition. in Article 3, unless otherwise expressly stated. For 1-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 420 INTRODUCTORY PROVISIONS C. The term “should” expresses a denial unless, in the opinion of the authority or recommendation or suggestion and does not board before which it is brought, there has been a express a requirement or imposition. substantial change in circumstance or substantial D. The term “may” is permissive and does not new evidence is available. express a requirement or imposition. E. The conjunction “and” indicates that all 1.10 AMENDMENTS connected words or provisions apply. 1.10.1 Authority F. The conjunction “or” indicates that the The City Council may amend this Land Use Code connected words or provisions may apply and the zoning map incorporated herein. singly or in any combination. G. The conjunction “either […] or” indicates that 1.10.2 Procedure the connected words or provisions apply singly, A. An application for a text or zoning map but not in combination. amendment shall be filed with the Planning Authority. A payment of a nonrefundable 1.8.6 Gender application fee, as established by the City Words denoting one gender apply to all genders. Council to cover administrative costs and costs of a hearing, shall accompany each application. 1.8.7 Abbreviations The fee for text or zoning map amendment Building Authority. Either the Department of applications may be waived or reduced by the Permitting and Inspections, its director, or their Planning Authority in the case of an application designee. submitted by a governmental body or where an applicant can establish financial hardship. If a Council. The Portland City Council. text or zoning map amendment application is withdrawn by an applicant prior to the Planning Authority. Either the Department of submission of the advertisement copy to the Planning and Urban Development, its director, or newspaper to announce the public hearing, a their designee. refund of half of the amount of the application fee will be made to the applicant by the City Public Works Authority. Either the Department of provided that all costs incurred by the City have Public Works, its director, or their designee. been paid in full by the applicant. B. Once it is determined that the application is 1.9 SUCCESSIVE APPLICATIONS complete, the Planning Authority shall give a Whenever any application, appeal, or other request dated receipt to the applicant and, in the case filed pursuant to this Land Use Code has been finally of a map amendment, shall notify, by mail, all denied on its merits, a second application, appeal or property owners within the limits of the other request seeking essentially the same relief, proposed zoning map amendment and all whether or not in the same form or on the same property owners 500 feet beyond said area, theory, shall not be brought within one year of such except that for map amendments to a site FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1-3 Page 421 INTRODUCTORY PROVISIONS located within industrial zone designations the H. Notice of the City Council public hearing shall notice range shall be 1,000 feet.. The notice be publicly posted in the City Clerk’s office at hereunder shall include a brief description of least 13 days before the public hearing. In the application, the address or location of the addition, notice of said public hearing must be property involved, and contact information published at least two times in a newspaper of where additional information may be obtained. general circulation in the City of Portland. The The cost of noticing shall be charged to the date of the first publication must be at least 12 applicant. days prior to any public hearing and the date of C. A private applicant for a map amendment that the second publication must be at least seven would permit a development subject to major days prior to the public hearing. site plan review shall conduct neighborhood I. For map amendments, notice of the City outreach according to the provisions for Council public hearing shall be sent by regular neighborhood meetings under Article 1413. United States mail to at least 13 calendar days in D. The Planning Authority shall review the advance of the hearing date to all property application against the standards of this article owners within the area proposed for rezoning and make a recommendation to the Planning and all property owners 500 feet beyond said Board. area. E. The Planning Board shall hold a public hearing in accordance with the provisions of Article 2 1.10.3 Review fees and make a recommendation to adopt, adopt The applicant shall pay a fee to cover the with modifications, or not adopt the proposed professional and administrative costs for review and map or text amendment, and forward the analysis associated with the amendment, including recommendation to the City Council. but not limited to planning, legal, engineering, or F. In addition to any noticing required under other services. The fee shall be based on the hours Article 2, a notice of public meeting sign shall of review and processing time and the prevailing be posted by any private applicant for a map hourly rate for reimbursement of City costs. The amendment on the property where the City shall periodically invoice the applicant for such amendment is proposed at least ten days prior costs incurred by the City, which invoice shall be to the Planning Board hearing date. The paid promptly by the applicant. dimensions, construction, and content of the sign shall be in accordance with standards 1.10.4 Review standards established by the Planning Authority. The sign Except as otherwise required by law, amendments shall be removed from the site no more than to the City’s Land Use Code shall be pursuant to and three days following the date of the hearing. consistent with the Comprehensive Plan. F.G. The City Council shall review the proposed amendment and determine whether and how 1.11 TRANSITION RULES to amend the Land Use Code or zoning map. A permitted use established prior to the effective date of the Land Use Code that is now classified as a 1-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 422 INTRODUCTORY PROVISIONS conditional use shall be deemed a lawful conditional use. Any subsequent addition, enlargement, or expansion of that use shall conform to the procedural and substantive requirements for conditional uses in Article 6. A permitted or conditional use established prior to the effective date of this Code that is now classified as a prohibited use shall be deemed a nonconforming use and is controlled by the provisions of Article 4. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1-5 Page 423 ADMINISTRATION 2 ADMINISTRATION 2.1.4 Officers A. Chair. The members of the Planning Board 2.1 PLANNING BOARD shall annually elect one of their number as chair 2.1.1 Composition to preside at all meetings and hearings and to There shall be a Planning Board of seven members. fulfill the customary functions of that office. Members of the Planning Board shall be residents of The chair may administer oaths. the city and shall not be officers or employees of B. Vice chair. The members of the Planning the City. Members shall serve without Board shall annually elect one of their number compensation. as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all the 2.1.2 Appointments powers of the chair. The vice chair shall have A. Terms. The members of the Planning Board such other powers and duties as may be shall be appointed by the City Council for terms provided by the rules of the Planning Board. of three years. Such members shall serve until their successors are duly appointed and C. Pro tempore officers. In the absence of both qualified. Such terms shall be staggered so that the chair and the vice chair, the board shall the terms of not more than three members elect a chair pro tempore from among its shall expire in any calendar year;, providing, number and the chair pro tempore shall have however, such service shall not extend to over all the powers of the chair during the chair’s 120 days after expiration of their term. and the vice chair’s absence. In the absence of Members may serve for three consecutive the vice chair, or when the vice chair is serving three-year terms. as chair, the board shall elect a vice chair pro B. Vacancies. Permanent vacancies on the tempore from among its number and the vice Planning Board shall be filled by the City chair pro tempore shall have all the powers of Council, in the same manner as other the vice chair during the vice chair’s absence or appointments hereunder, for the unexpired service as chair. term of the former member. 2.1.5 Committees 2.1.3 Removal of members The chair of the Planning Board shall assign the Any member of the Planning Board may be members of the board to such regular and special removed for cause by the City Council at any time, committees as may be established by the board. provided, however, that before any such removal, Such committees shall have no final authority but such member shall be given an opportunity to be shall assist the board in the conduct of its business heard in their own defense at a public hearing. by making recommendations to it concerning such specific items as may be assigned to them for study and report. The board shall adopt such rules as it shall deem appropriate to govern the organization and operation of its committees. Committee FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-1 Page 424 ADMINISTRATION meetings deliberative in nature shall be open to the held at the call of the board or committee public in accordance with Title 1 M.R.S. § 401 et seq. chair, as the case may be, for the presentation of information by the 2.1.6 Quorum and necessary vote Director of the Department of Planning & As to any matter requiring a hearing, no business Urban Development, their staff, an shall be transacted by the Planning Board without a applicant, or others. These meetings will be quorum, consisting of four members, being present. open for public comment according to the The vote of at least foura majority of the members rules of the Planning Board. Such present shall be necessary to authorize any action meetings, unless open to the public as by the board. If less than a quorum is present, the provided in Title 1 M.R.S. § 401 et seq. shall hearing may be adjourned for a period not be informational only and shall not result exceeding three weeks at any one time. The in final decisions on any matter. Planning Authority shall notify 2. Public hearings. Public hearings shall be in writing all members of the date of the adjourned held as required by the various statutes, hearing and shall notify such other interested codes, and ordinances pursuant to which parties as may be directed in the vote of matters are brought before the Planning adjournment. Board and shall be conducted in accordance with relevant state law, the 2.1.7 Conflicts Land Use Code, and the rules of the board. No member of the Planning Board shall participate B. Notice. The Planning Authority shall give in the hearing or disposition of any matter in which notice of the time and place of public he or she hasthey have an interest. Any question of workshops and hearings, including a brief whether a member has a conflict of interest description of the application(s) to be sufficient for a member to be recused shall be considered, as follows: decided by a majority vote of the members present, 1. Site plan and subdivision. Notice shall be except the member whose possible conflict is being given to the general public by publication examined. Where such vote results in a tie, the in a newspaper of general circulation in the subject member shall be recused from the matter. City of Portland at least two times, the date of the first publication to be at least 2.1.8 Meetings and procedures 10 calendar days prior to the workshop or A. Meetings. Regular meetings of the Planning hearing. Notice shall also be sent by Board shall be held at the call of the chair or as regular United States mail at least 1013 provided by rule of the board. Special meetings calendar days in advance of the workshop may be called by the chair or any four members or hearing date to the applicant, the of the Board or at the request of the City owner(s) of the subject property, and all Council. owners of property located within 500 1. Workshops. Workshops of the Planning feet of the subject property, except that Board or any of its committees may be for subdivisions within industrial zones the 2-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 425 ADMINISTRATION notice range shall be 1,000 feet.. Notice public hearing and shall be published in a shall also be given to the general public by newspaper of general circulation within publication in a newspaper of general the city at least two times, the date of the circulation in the City of Portland at least first publication to be at least seven 12 days two times, the date of the first publication prior to the hearing. Notice shall also be to be at least 12 calendar days prior to the sent to the owners of all property abutting public hearing. the property to be rezoned at their last 2. Land Use Code or zoning map amendment. known address. This notice shall contain a For map amendments, notice shall be sent copy of the proposed conditions and by regular United States mail to at least 13 restrictions, with a map indicating the calendar days in advance of any workshop property to be rezoned. or hearing date to all property owners The cost of noticing shall be charged to the within the area proposed for rezoning and applicant. Failure of any property owner to all property owners 500 feet beyond said receive a notice of public hearing shall not area. Notice of public hearing shall also be necessitate another hearing and shall not publicly posted in the municipalCity Clerk’s invalidate any action of the board. office at least 13 days before the public C. Procedures. The Planning Board shall adopt hearing on such application. In addition, its own rules for the conduct of its business not notice of said public hearing must be inconsistent with the statutes of the state and published at least two times in a this article. Such rules shall be filed with the newspaper of general circulation in the Planning Authority and with the City Clerk. Any City of Portland. The date of the first and all rule changes shall be placed on a City publication must be at least 12 days prior Council public agenda as a communication to anythe public hearing and the date of requiring a public hearing. Any rule may be the second publication must be at least vetoed, in whole or in part, by order of the seven days prior to the public hearing. For Council within 45 days of the date of filing with map amendments, notice shall be sent by the City Clerk. No rules change shall take effect regular United States mail to at least 13 until that time period has elapsed. If a part of a calendar days in advance of any workshop rule is vetoed, the remainder shall continue in or hearing date to all property owners effect. Any rule so adopted, which is not within the area proposed for rezoning and required by the statutes of the state or by this all property owners 500 feet beyond said article, may be waived by the chair upon good area, except that rezoning to industrial cause being shown. Except as otherwise zone designations the notice range shall be provided in Subsection 2.1.8(A)(1), all meetings, 1,000 feet. hearings, and deliberations of the Planning 3. Contract or conditional zoning. Notice of Board and its committees shall be open to the public hearing shall be posted in the City public in accordance with Title 1 M.R.S. § 401 et Clerk's office at least 13 days prior to the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-3 Page 426 ADMINISTRATION seq. Testimony at any hearing may be required Board shall have the following jurisdiction and by the Planning Board to be given under oath. authority: D. Keeping of records. The Director of the A. To prepare and recommend a Comprehensive Department of Planning & Urban Development Plan to the City Council. shall designate a member of their staff who B. To prepare and recommend to the City Council shall attend all Planning Board proceedings. The changes in and amendments to the staff shall provide for the keeping of minutes of Comprehensive Plan. the proceedings of the Board, showing the vote C. To aid and assist the City Council and of each member on every question, or their departments and agencies of the City in absence or failure to vote, and shall maintain implementing general plans and in planning, the permanent records and decisions of all developing, and completing specific projects. Board meetings, hearings, and proceedings and D. To hear, review, and approve, conditionally all correspondence of the Board, as required by approve, or deny master development plans statute. Such records shall be public records and major site plans. open to inspection during working hours upon E. To hear, review, and approve, conditionally reasonable notice. approve, or deny applications for subdivision approval. 2.1.9 Record and decisions F. To hear, review, and approve or deny A. Record. The minutes of the staff, and the applications for conditional uses listedas audio or video recording or transcript if one is specified in Article 6. made, and all exhibits, papers, applications, and G. To hear, review, and offer its recommendations requests filed in any proceeding before the to the City Council on applications for Planning Board and the decision of the Board amendments to, or revisions of, this Land Use shall constitute the record. Code. B. Decision. Every final decision of the Planning H. To review and offer its recommendations to Board and every recommendation of the the City Council on certain public projects. Planning Board to the City Council shall include I. To review and approve, conditionally approve, written findings of fact, and shall specify the or disapprove site plans for regulated projects reason or reasons for such decision or in shoreland areas. recommendation. The Planning Authority shall J. To prepare and offer its recommendations to mailprovide notice of any decision of the the City Council with regard to the City's annual Planning Board to the applicant. Capital Improvement Program. K. Upon reasonable request, to make its special 2.1.10 Jurisdiction and authority knowledge and expertise available to any In addition to the jurisdiction conferred on it by official, department, board, or agency of the other provisions of state law and the ordinances of city, county, state, or federal governments to the City and in accordance therewith, the Planning aid them in the performance of their respective duties relating to the planning and 2-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 427 ADMINISTRATION development of the city and its region, 2.1.11 Administrative appeals including request from the City Council to A. Application procedures. An appeal may be taken review proposed developments in which the to the Planning Board by any person affected by a developer does not have the right, title, or final decision of the Planning Authority except as interest in all the property necessary for the provided elsewhere in this Land Use Code. Such proposed development because some or all of appeal shall be taken within 30 days of the action that property is owned by the City. complained of by filing with the Planning L. To make such investigations, maps and reports, Authority an application for appeal specifying the and recommendations in connection therewith, grounds thereof. The application shall be in such relating to the planning and development of the form as specified by the Planning Authority. A city as seem desirable. payment of a nonrefundable filing fee, as M. To employ or contract with such experts and established by the City Council to cover other assistants as may be necessary or administrative costs and costs of hearing, shall convenient to carry out its duties hereunder accompany each application. The Planning and to pay for their services and for such other Authority shall forthwith transmit to the Planning expenses as may be necessary and proper, Board all of the papers constituting the record provided, however, that such expenditures shall upon which the action appealed from was taken. not exceed such funds as may be appropriated B. Public hearing. A public hearing shall be set, for such purposes by the City Council. advertised and conducted by the Planning Board N. To hear, review, and offer its recommendations in accordance with the provisions of this article. to the City Council on petitions for street C. Action. Within 30 days following the close of the vacations and discontinuances. public hearing, the Planning Board shall render a O. To hear, review, and decide appeals where it is decision on the appeal in the manner and form alleged there is an error in any decision, specified in the provisions of this article and the requirement, or determination made by the statutes of the state. The failure of the board to Planning Authority. act within 30 days shall be deemed a denial of the P. To approve, following a public hearing and at appeal unless mutually extended in writing by the the recommendation of the Public Works appellant and the board. Within five days of such Authority and the Planning Authority, Technical decision or failure to act notice thereof shall be Manual and Design Manual standards, provided mailed to each party. that such standards shall be additional to and D. Conditions and limitations. Any right granted by consistent with the provisions of this Land Use the reviewing board on appeal shall be subject to Code, necessary and reasonable, and in the same conditions and limitations as if secured accordance with sound engineering and urban without the necessity of an appeal. design practice. 2.1.12 Planning Board appeals An appeal from any final decision of the Planning Board as to any matter over which it has final FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-5 Page 428 ADMINISTRATION authority may be taken by any party or by any VacanciesPermanent vacancies on the Historic authorized officer or agent of the City to the Preservation Board shall be filled by the City superior court in accordance with Rule 80B of the council, in the same manner as other Maine Rules of Civil Procedure. No appeal shall lie appointments hereunder, for the unexpired concerning any matter as to which the power of the term of the former member. Board is limited to the making of a recommendation. 2.2.3 Removal of members MembersAny member of the Historic Preservation 2.2 HISTORIC PRESERVATION BOARD Board may be removed for cause by the City 2.2.1 Composition Council. Cause shall include, but is not limited to, The Historic Preservation Board shall consist of the failure to attend meetings without good cause. seven voting members who shall serve without Any member proposed to be removed at any time, compensation. Members shall not be officers or provided, however, that before such removal, such employees of the City. Members shall have member shall be given written notice and an demonstrated interest, knowledge, ability, opportunity to be heard prior to final actionin their experience, or expertise in restoration, own defense at a public hearing. rehabilitation, or neighborhood conservation or revitalizationor training in historic preservation or 2.2.4 Officers closely related fields, and shall be residents of the A. Election and terms. Officers of the Historic city. Preservation Board shall consist of a chair and vice chair. Officers shall be elected by the 2.2.2 Appointments Historic Preservation Board and shall serve a A. Terms. MembersThe members of the Historic term of one year and shall be eligible for re- Preservation Board shall be appointed by the election. City Council for terms of three years. B. Chair. The chair shall preside at all meetings AppointmentsSuch members shall serve until and hearings and fulfill the customary functions their successors are duly appointed and of that office. qualified. Such terms shall be staggered so that C. Vice chair. In the absence of the chair, the vice the terms of not more than three members chair shall act as chair and shall have all the expire in any calendar year., providing, however, powers of the chair. The vice chair shall have such service shall not extend to over 120 days such other powers and duties as may be after expiration of their term. Members may provided by the rules of the Historic serve for three consecutive three-year terms. Preservation Board. B. Vacancies. Vacancies on the Historic D. Pro tempore officers. In the absence of Preservation Board shall be filled within 60 both the chair and the vice chair, the board days. However, every member shall continue in shall elect a chair pro tempore from among its office after expiration of the term until a number and the chair pro tempore shall have successor has been appointed. all the powers of the chair during the chair’s 2-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 429 ADMINISTRATION and the vice chair’s absence. In the absence of be called by the chair or, any four members of the vice chair, or when the vice chair is serving the board, or at the request of the chair of the as chair, the board shall elect a vice chair pro Planning Board or City Council. tempore from among its number and the vice 1. Workshops. Workshops of the Historic chair pro tempore shall have all the powers of Preservation Board or any of its the vice chair during the vice chair’s absence or committees may be held at the call of the service as chair. board or committee chair, as the case may be, for the presentation of information by 2.2.5 Quorum and necessary vote the Planning Authority, an applicant, or As to any matter requiring a hearing, no business others. These meetings will be open for shall be transacted by the Historic Preservation public comment according to the rules of Board without a quorum, consisting of four the Historic Preservation Board. Such members, being present. The vote of a majority of meetings, unless open to the public as the members present shall be necessary to provided in Title 1 M.R.S. § 401 et seq., shall authorize any action by the board. If less than a be informational only and shall not result quorum is present, the hearing may be adjourned in final decisions on any matter. for a period not exceeding three weeks at any one 2. Public hearings. Public hearings shall be time. The Planning Authority shall notify in writing held as required by the various statutes, all members of the date of the adjourned hearing codes, and ordinances pursuant to which and shall notify such other interested parties as may matters are brought before the Historic be directed in the vote of the adjournment. Preservation Board and shall be conducted in accordance with relevant state law, the 2.2.52.2.6 Conflicts Land Use Code, and the rules of the board. No member of the Historic Preservation Board shall B. Notice. The Planning Authority shall give notice participate in the hearing or disposition of any of the time and place of Historic Preservation matter in which he or she has an interestthey have Board public workshops and public hearings, an interest. Any question of whether a member has including a brief description of the a conflict of interest sufficient for a member to be application(s) to be considered, as follows: recused shall be decided by a majority vote of the 1. Landmark or districtHistoric designation members present, except the member whose nomination. Notice shall be given to the possible conflict is being examined. Where such general public by publication in a vote results in a tie, the subject member shall be newspaper of general circulation in the recused from the matter. City of Portland at least two times, the date of the first publication to be at least 2.2.62.2.7 Meetings and procedures 1012 calendar days prior to the workshop A. Meetings. Regular meetings of the Historic or hearing. Notice shall be sent by regular Preservation Board shall be held no less United States mail at least 10 calendar days frequently than monthly. Special meetings may in advance of the workshop or hearing FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-7 Page 430 ADMINISTRATION date to the applicantnominators and to the b. The cost of noticing appeals shall be owner(s) of the subject property or charged to the appellant. properties at least 13 calendar days in 7. Failure of any property owner to receive a advance of any workshop or hearing date. notice of public hearing shall not 2. CertificateNational Register of Historic necessitate another hearing and shall not Places nominations. Notice shall be given invalidate any action of the board. to the general public by publication in a C. Procedures. The Historic Preservation Board newspaper of Appropriatenessgeneral may adopt procedural rules for the conduct of circulation in the City of Portland at least its business not inconsistent with the statutes two times, the date of the first publication of the state and this article, including the to be at least 12 calendar days prior to any creation of a subcommittee structure to workshop or hearing. enhance efficiency in consideration of Historic 2.3. Historic preservation review. Notice shall Preservation Board business. Such rules shall be be given to all property owners within 100 filed with the Planning Authority and with the feet of the property at least seven13 days City Clerk. All such rules shall be subject to prior to the date of the workshop or public veto. Any rule may be vetoed, in whole or in hearing. part, by order of the Council within 45 days of 3.4. Major site plan review. For alteration or suchthe date of filing. The initial with the City new constructionan application that is Clerk. No rules change shall take effect when classified as a major site plan under Article filed, subject to veto as provided above. 1413, notice shall be given to all property Amendments to the rules shall take effect upon owners within 500 feet of the property at expiration of said vetountil that time period. least seven13 days prior to the date of the Any rule may be has elapsed. If a part of a rule workshop or hearing. is vetoed, the remainder shall continue in 5. Appeals. Notice shall be given to all effect. Any rule so adopted, which is not property owners within 100 feet of the required by the statutes of the state or by this property at least 13 days prior to the date article, may be waived by the chair upon good of the workshop or public hearing. Where cause being shown. Except as otherwise the appealed application is classified as a provided in Subsection 2.2.7, all meetings, major site plan under Article 13, the notice hearings, and deliberations of the Historic shall be given to all property owners within Preservation Board and its committees shall be 500 feet of the property. open to the public in accordance with Title 1 6. The cost of noticing shall be charged to M.R.S. § 401 et seq. Testimony at any hearing the applicant. except in the following cases: may be required by the Historic Preservation a. The cost of noticing National Register Board to be given under oath. of Historic Places nominations shall be charged to the City. 2-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 431 ADMINISTRATION 2.2.72.2.8 Record and decisions and shall specify the reason or reasons for such A. Record. The Director of the Department of action. Planning & Urban Development or their D.B. Staff shall mail notice of any final designated minutes of the staff representative determinationdecision or recommendation. shall attend , and the audio or video recording The Planning Authority shall provide notice of or transcript if one is made, and all exhibits, any decision of the Historic Preservation Board papers, applications, and requests filed in any to the applicant and property owner(s).. proceeding before the Historic Preservation Board meetings. The staff shall provide for and 2.2.8 Responsibilities the keeping of tape recordings or 2.2.9 Jurisdiction and authority A. minutesdecision of the proceedings of the The Historic Preservation Board shall have the Historic Preservation Board, showing the vote following responsibilitiesjurisdiction and authority: of each member on every question or their A. To conduct or administer an ongoing survey to absence or failure to vote, and shall maintain identify historically, culturally, architecturally, shall constitute the records and decisions of all and archaeologically significant areas, meetings, hearings, and proceedings and all sitesbuildings, structures, and objects., sites, correspondence of the Historic Preservation and areas. Board. Copies of permanent records shall be B. To review all areas, sitesbuildings, structures, filed with the City Clerk. Staff shall publish and and objects listed in the National Register of distribute copies of the records, reports, and Historic Places, including the boundaries of , decisionsrecord. sites, and areas so listednominated for local Decision. Every final decision of the Historic historic designation, and to make Preservation Board to Historic Preservation recommendations to the Planning Board and Board members and to others upon City Council for thetheir designation of those approvalevery recommendation of the Historic areas, sites, structures, and objects as local Preservation Board to the Planning Board. landmarks or, historic districts. B. No final action shall be taken by the Historic C. To investigate and recommend to the Planning Preservation Board which could in any manner Board and City Council the designation of deprive or restrict the owner of a property in areas, sites, structures, and objects not listed in its use, alteration, maintenance, disposition, or the National Register of Historic Places as local demolition until such owner either has landmarks and, and historic landscape districts knowledge of the proceeding or is sent notice and to make recommendations to the Planning offering opportunity to be heard. This Board concerning sites, structures, and objects paragraph shall not affect the interim that have contributing significance or are protection provisions of Section 17.6. intrusions within nominated or designated C. Every recommendation or recommended districts. decision of the Historic Preservation BoardCity D. To keep and make available to the public a Council shall include written findings of fact, register of all areas, sites, structures, and FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-9 Page 432 ADMINISTRATION objects that have been designated as landmarks the activities of the Historic Preservation or districts, including all information required Board. as part of each designation. J. To inform and educate the citizens of Portland E. Upon request, to advise and assist owners of concerning the cultural, historic, architectural, landmarks and property, sites, structures, or and archeological heritage of the city by objects within districts on physical and financial publishing appropriate maps, newsletters, aspects of preservation, renovation, brochures, and pamphlets and by sponsoring rehabilitation, and reuse and for procedures for programs and seminars. inclusion on other registers of significant areas, K.D. To hold meetingsworkshops and public sites, structures, and objects, including the hearings to advise and assist owners of National Register of Historic Places. historically designated properties on historic F.B. To recommend to the Planning Board the preservation and rehabilitation, and to review nomination of areas, sites, structures, and applications for Certificates of Appropriateness objects to the National Register of Historic historic preservation review affecting proposed Places or to any State of Maine Register of orhistorically designated landmarks and Historic Places that may be establishedas districtsproperties and to recommend approval applicable. or disapproval of Certificates of G.C. To participate in the Certified Local Appropriatenessapprove or deny such Government Program of the National Historic applications. Preservation Act Amendments of 1980 and the L.E. To provide testimony to the Board of Appeals Maine Historic Preservation Commission, and in connection with any application for a carry out any responsibilities delegated to it Certificate of Economic Hardship.certificate of under that program, including review and economic hardship. comment on any National Register of Historic M.F. To develop design guidelines for work Places nominations submitted to the Historic affecting landmarks or districtshistoric Preservation Board. designations and to aid in the interpretation of H. To seek funding for which the City of Portland the standards for review and approval by the is eligible through the Certified Local Planning Board. Government Program to assist in local N. To advise the Planning Board as to preservation projects, including projects recommendations on any preservation or undertaken by local non-profit organizations. conservation easements that the City of I. To, upon request by the City Council, Portland may have or be offered as a gift or participate in any review of federal actions or otherwise. undertakings pursuant to Section 106 of the O. To advise the Planning Board as to the National Historic Preservation Act, attend administration of such gifts, grants, and money informational and educational programs as may be appropriated for the purposes of this sponsored by the Maine Historic Preservation article upon authorization and approval by the Commission, and prepare an annual report of City Council. 2-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 433 ADMINISTRATION P. To provide comment, as appropriate, to the such form as specified by the Planning Planning Board and/or City Council on matters Authority. A payment of a nonrefundable filing pertaining to historic preservation in Portland. fee, as established by the City Council to cover Q. To confer recognition upon the owners of administrative costs and costs of hearing, shall landmarks or properties, sites, structures, or accompany the application. The Planning objects within districts by means of certificates, Authority shall forthwith transmit to the plaques, or markers. Historic Preservation Board all of the papers R.G. To assist the Planning Board and City Council in constituting the record upon which the action the development of a historic preservation appealed from was taken. component in the Comprehensive Plan of the B. Standard of review. The standard of review City of Portland. for appeals pursuant to this section shall be de S.H. To periodically review the Land Use Code and novo. The appellant shall bear the burden of toTo make recommendations to the Planning proof. Board concerning any amendments to the Land B.C. Public hearing. A public hearing shall be Use Code appropriate for the protection and set, advertised, and conducted by the Historic continued use of landmarks orhistorically- Preservation Board in accordance with the designated properties, sites, structures, or provisions of this article. objects within districts. C.D. Action. Within 30 days following the close of the public hearing, the Historic Preservation I. As requested, to provide comment, Board shall render a decision on the appeal in recommendations, or testimony to the the manner and form specified in the Planning Board or City Council on matters provisions of this article and the statutes of the pertaining to historic preservation in Portland. state. The failure of the board to act within 30 J. To inform and educate the citizens of Portland days shall be deemed a denial of the appeal as to the cultural, historic, architectural, and unless mutually extended in writing by the archeological heritage of the city by publishing appellant and the Board. Within five days of maps, newsletters, brochures, and pamphlets such decision or failure to act notice thereof and by sponsoring programs and seminars. shall be mailed to each party. D.E. Conditions and limitations. Any right granted 2.2.92.2.10 Administrative appeals by the board on appeal shall be subject to the A. Application procedures. An appeal may be same conditions and limitations as if secured taken to the Historic Preservation Board by any without the necessity of an appeal. person affected by a decision of the Planning Authority relative to Article 1716. Such appeal 2.2.102.2.11 Historic Preservation Board shall be taken within 30 days of the action appeal complained of by filing with the Planning A. Historic Preservation Board decision. An Authority an application for appeal specifying appeal from any final decision of the Historic the grounds thereof. The application shall be in Preservation Board as to any matter over which FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-11 Page 434 ADMINISTRATION it has final authority may be taken by any party 2.3 ZONING BOARD OF APPEALS or by any authorized officer or agent of the City 2.3.1 Composition to the Planning Board, adhering to the There shall be a Board of Appeals of seven requirements of Subsection 2.1.11 of this article. members. Members of the Board shall be residents B. Standard of review. The Planning Board shall of the city and shall not be officers or employees of deny the appeal unless it finds that the action the City or any of its agencies or departments. of the Historic Preservation board was arbitrary Members shall serve without compensation. or capricious or was not based on substantial evidence. Review by the Planning Board under 2.3.2 Appointments this subsection is intended to be appellate in A. Terms. The members of the Board of Appeals nature. Except where the Planning Board shall be appointed by the City Council for terms determines that injustice would result, the of three years. Terms shall be staggered so that Planning Board shall determine the appeal the terms of no more than three members shall without considering any facts or arguments expire in any calendar year. Such members shall which were not presented to the Historic serve until their successors are duly elected Preservation Board. Where the Planning Board and qualified provided, however, that such finds it necessary to consider such new service shall not extend to over 120 days after evidence in order to do substantial justice, it expiration of their term. Members may serve shall remand the matter to the Historic for three consecutive three-year terms. Preservation Board for further consideration, B. Vacancies. Permanent vacancies on the Board unless it determines that the resulting delay is of Appeals shall be filled by the City Council, in likely to result in undue hardship to the the same manner as other appointments under applicant. this article, for the unexpired term of a former C. Planning Board decision. The Planning member whose place has become vacant. Board's decision on an appeal from a decision of the Historic Preservation Board shall be final 2.3.3 Removal of members with respect to the application or matter Any member of the Board of Appeals may be initially presented to the Historic Preservation removed for cause by the City Council at any time, Board. An appeal from any final decision of the provided, however, that before any such removal, Planning Board as to any matter over which it such member shall be given an opportunity to be has final authority may be taken by any party or heard in their own defense at a public hearing. by any authorized officer or agent of the city to the superior court in accordance with Rule 80B 2.3.4 Officers of the Maine Rules of Civil Procedure. No A. Chair. The members of the Board of Appeals appeal shall lie concerning any matter as to shall annually elect one of their number as chair which the power of the board is limited to the to preside at all meetings and hearings and to making of a recommendation. fulfill the customary functions of that office. In the absence of the chair, the secretary shall act 2-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 435 ADMINISTRATION as chair and shall have all the powers of the be decided by a majority vote of the members, chair. except the member who is being challenged. Where B. Secretary. The members of the Board of such a vote results in a tie, the challenged member Appeals shall annually elect one of their shall be deemed disqualified. number as secretary. The secretary shall fulfill the duties provided by statute and this article 2.3.7 Meetings and procedures and have such other duties as may be provided A. Staff. The Building Authority or their designee by the rules of the board. shall serve as staff to the Board of Appeals. C. Pro tempore officers. In the absence of both B. Meetings. Regular meetings of the Board of the chair and the secretary, the board shall Appeals shall be held at the call of the chair or elect a chair pro tempore from among its as provided by the rules of the board. Special number and the chair pro tempore shall have meetings shall be called by the chair at the all the powers of the chair during the chair’s request of any two members of the board or at and the secretary’s absence. In the absence of the request of the City Council. All meetings the secretary, or when the secretary is serving and hearings of the board shall be open to the as chair, the board shall elect a secretary pro public. For all matters properly brought before tempore from among its number and the the Board of Appeals, the board shall select a secretary pro tempore shall have all the powers reasonable time and place for a public hearing of the secretary during the secretary’s absence following the submission of the subject or service as chair. application. C. Notice. The Building Authority shall give notice 2.3.5 Quorum and necessary vote of public hearings in the form and manner and No business shall be transacted by the Board of to the persons herein specified. The notice shall Appeals without a quorum, consisting of four include the time and place of such hearing, a members, being present. The concurring vote of at description of the contents of the matter to be least four a majority of the members of the heard and the address or location of the boardpresent shall be necessary to grantauthorize property involved. Where notice by mail is any request or application or to sustain any appeal. required, it shall be mailed at least seven days in Any matter that receives fewer than four votes shall advance of the hearing date by regular United be deemed to have been denied.action by the States mail. Notices shall be given to each of board. the following as specified: 1. In all cases, to the petitioner. 2.3.6 Conflicts 2. In all cases, to all residents of the city by No member of the Board of Appeals shall publication in a newspaper of general participate in the hearing or disposition of any circulation in the city at least once, not matter in which he or she hasthey have an interest. more than 30 nor less than five days Any question of whether a member has a conflict of before the date of the hearing, and by mail interest sufficient to disqualify him or herthem shall to the applicant. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-13 Page 436 ADMINISTRATION 3. In the case of hearings relating to zoning D. Procedures. The Board of Appeals shall adopt appeals, a variance, or a conditional use, to its own rules of procedure for the conduct of the Planning Board and City Council by its business not inconsistent with the statutes reasonable means. of the state and this article. Such rules shall be 4. In the case of hearings relating to a filed with the City Clerk. Any rule so adopted variance request from the provisions of which relates solely to the conduct of hearings, Article 11, the application and all supporting and which is not required by the statutes of the information supplied by the applicant shall state or by this article, may be waived by the be forwarded to the State of Maine board upon good cause being shown. Commission of the Department of 1. Conduct of hearings. Environmental Protection at least 20 days a. Any person may appear and testify at prior to action by the board. Any a public hearing, either in person or by comments received from the a duly authorized agent or attorney, Commissioner or their designee prior to and may submit documentary action by the Board of Appeals shall be evidence, provided, however, that the made part of the record and shall be taken Board shall exclude irrelevant, into consideration by the Board of immaterial and unduly repetitious Appeals. evidence. 5. In the case of hearings related to a b. The applicant and any abutter or variance or conditional use, by mail to the similar person with standing shall in owners of all the property within 500 feet addition have the right to present of such parcel or tract. witnesses on their own behalf and 6. In the case of hearings related to all other offer rebuttal evidence, to cross appeals, by mail to the owners of property examine all witnesses testifying in directly abutting, and directly across a opposition to their position through street or alley from the subject property. the chair, and to examine and 7. For purposes of this subsection, the introduce any documents produced at owners of property shall be considered to the hearing. be the parties listed by the 2. All other matters pertaining to the conduct Assessor'sAssessor’s Department as those of hearings shall be governed by the against whom taxes are assessed. Failure of provisions of the relevant state statutes, any property owner to receive a notice of this article, and the rules promulgated by public hearing shall not necessitate the Board of Appeals. another hearing and shall not invalidate any action of the board. 2.3.8 Records and decisions 8. The cost of noticing shall be charged to A. Record. The recording of testimony, if any, the applicant. and all exhibits, papers, applications, and requests filed in any proceeding before the 2-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 437 ADMINISTRATION Board of Appeals and the decision of the board decisions on such interpretations shall be shall constitute the record. advisory only and shall not be appealable. B. Decision. Every decision of the Board of D. To hear and grant or deny applications for Appeals shall include findings of the fact, shall variances from the terms of this Land Use refer to the evidence in the record and the Code, including but not limited to terms related exhibits, plans or specifications upon which to use; dwelling unit conversion; space and such decision is based, shall specify the reason bulk, such as lot size, density, and setbacks; or reasons for such decision, and shall contain a parking; loading; and signs. conclusion or statement separate from the E. To hear and grant or deny applications for findings of fact setting forth the specific relief conditional uses, as specified in Article 6. granted or denying relief. The Building Authority shall hand deliver or mail a copy of 2.3.10 Administrative appeals the decision to the applicant, the Planning A. Application procedures. Application for any Board, and City Council within seven days of appeal to the board shall be submitted to the such decision, and shall also file the decision Building Authority. A payment of a with the City Clerk. nonrefundable application fee, as established by the City Council to cover administrative 2.3.9 Jurisdiction and authority costs and costs of a hearing, shall accompany The Board of Appeals shall have the following each application. The application shall be in jurisdiction and authority: such form as prescribed by the Building A. To hear and decide appeals from the granting Authority. or denial of any permit required by Chapter 6, B. Public hearing. A public hearing shall be set, Article II11, or Chapter 10 of the City of Portland advertised and conducted by the Board of Code of Ordinances. Appeals in accordance with Subsection 2.3.7. B. To hear and decide appeals from any decision C. Standard of review. The standard of review or order made by the Building Authority for appeals pursuant to Subsections 2.3.9(A), pursuant to the provisions of this Land Use (B), and (C) shall be de novo. The appellant Code or any other chapter of the City of shall bear the burden of proof. Portland Code of Ordinances, except that D. Conditions and limitations on rights granted decisions relating to enforcement of the by appeal. Any right granted by the Board of Shoreland Overlay Zone provisions of this Appeals on appeal shall be subject to the same chapter may not be appealed to the Board of conditions and limitations as if secured without Appeals and may only be appealed directly to the necessity of an appeal. Superior Court in accordance with M.R. Civ. P. 80B and 30-A M.R.S. §§ 2691 & 4483. 2.3.11 Variances C. To review interpretations of the Zoning A. Application procedures Administrator or their designee, except that 1. Application for a variance shall be submitted to the Building Authority. A FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-15 Page 438 ADMINISTRATION payment of a nonrefundable application C. Disability variance fee, as established from time to time by 1. By the Board of Appeals. Notwithstanding the City Council to cover administrative the provisions of subsection (B) above, the costs and costs of a hearing, shall board may grant a variance to an owner of accompany each application. The a residential dwelling for the purpose of application shall be in such form as making that dwelling accessible to a person prescribed by the Building Authority. with a disability who resides in or regularly 2. A public hearing shall be set, advertised, uses the dwelling. The board shall restrict and conducted by the Board of Appeals in any variance granted under this subsection accordance with Subsection 2.3.7. solely to the installation of equipment or 3. All decisions by the board shall be the construction of structures necessary rendered in a manner and form not for access to or egress from the dwelling inconsistent with the statutes of this state. by the person with the disability. The 4. When a decision affects property located board may impose conditions on the within the Shoreland Overlay Zone, the variance, including limiting the variance to Zoning Board of Appeals shall cause the duration of the disability or to the time written notice of its decision to be mailed that the person with the disability lives in or hand-delivered to the Department of the dwelling. The term “structures Environmental Protection within seven necessary for access to or egress from the days of the board’s decision. dwelling” shall include railing, wall, or roof B. Undue hardship variance. An undue hardship systems necessary for the safety or variance may be granted by the board only effectiveness of the structure. For the where strict application of the ordinance, or a purpose of this subsection, a disability has provision thereof, to the petitioner and his or the same meaning as a physical or mental hertheir property would cause undue hardship. disability under 5 M.R.S. § 4553. The words “undue hardship” as used in this 2. By the Building Authority. Notwithstanding subsection mean the following: the provisions of subsections (B) and 1. The land in question cannot yield a (C(1)) above, the Building Authority may reasonable return unless a variance is issue a permit to the owner of a dwelling granted. for the purpose of making a dwelling 2. The need for a variance is due to the accessible to a person with a disability who unique circumstances of the property and resides in or regularly uses the dwelling. If not to the general conditions in the the permit requires a variance, the permit neighborhood. is deemed to include that variance solely 3. The granting of a variance will not alter the for the installation of equipment or the essential character of the locality. construction of structures necessary for 4. The hardship is not the result of action access to or egress from the dwelling for taken by the applicant or prior owner. the person with a disability. 2-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 439 ADMINISTRATION D. Practical difficulty variance. Notwithstanding 6. The property is not located, in whole or in the provisions of subsections (B) and (C) part, within a shoreland area, as defined in above, the Board of Appeals may grant a 38 M.R.S. § 435, nor within a Shoreland variance from the dimensional standards of this Overlay Zone or flood hazard area, as Land Use Code that relate to lot area, lot defined in this Land Use Code. coverage, frontage, and setback requirements E. Specified variances prohibited when strict application of these standards 1. No use permitted in medium- and high- would both preclude a permitted use of the density residential zones shall be permitted property and result in significant economic in low-density residential zones. No use injury to the applicant. Significant economic permitted in mixed-use or office zones injury shall mean that the value of the property shall be permitted in any residential zone. if the variance were denied would be No use permitted in industrial and airport substantially lower than its value if the variance zones shall be permitted in any mixed-use, were granted. To satisfy this standard, the office, or residential zone. No use applicant need not prove that denial of the permitted in residential zones shall be variance would mean the practical loss of all permitted in any industrial or airport zone. beneficial use of the land. In granting a The general use categories are listed practical difficulty variance, all of the following below: conditions must be found to exist: a. Low-density residential: IR-1, IR-2, IR-3, 1. The need for a variance is due to the R-1, R-2, R-3. unique circumstances of the property, and b. Medium- and high-density residential: not to the general conditions in the R-4, R-5/R-5a, R-6/R-6a. neighborhood. c. Mixed-Use/Office: B-1/B-1b, B-2/B-2b/B- 2. The granting of the variance will not 2c, B-3/B-3b/B-3c, B-4, B-5/B-5b, B-6, B- produce an undesirable change in the 7, I-B, R-P, O-P. character of the neighborhood and will not d. Industrial: I-L/I-Lb, I-M/I-Ma/I-Mb, I-H/I- have an unreasonably detrimental effect Hb, A-B. on either the use or fair market value of 2.1. A variance may only be granted with abutting properties. respect to the generally applicable space 3. The practical difficulty is not the result of and bulk requirements of the zone in action taken by the applicant or a prior which the property is located and not from owner. any provision that allows a deviation from 4. No other feasible alternative is available to those requirements. the applicant, except a variance. 3.2. No variance shall be granted which would 5. The granting of a variance will not have an permit the creation of a lot or parcel that unreasonably adverse effect on the natural cannot be developed in compliance with environment. the zoning, subdivision, and other regulations applicable thereto. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-17 Page 440 ADMINISTRATION 4.3. No variance shall be granted which would shall be a violation of this article. A variance less result in a use or development of the lot or than or different from that requested may be parcel in question which would not be in granted when the record supports the harmony with the general purpose and applicant’s right to some relief but not to the intent of this Land Use Code or the relief requested. Comprehensive Plan; which would be G. Limitations on variances. No variance materially detrimental to the public welfare permitting the erection or alteration of a or materially injurious to the enjoyment, building shall be valid for a period longer than use, or development of property or two years, unless a building permit for such improvement permitted in the vicinity; or erection or alteration is issued and which would materially impair an adequate construction is actually begun within that supply of light and air to properties and period and is thereafter diligently pursued to improvements in the vicinity, substantially completion. No variance relating to the increase congestion in the public streets, establishment or maintenance of a use not increase the danger of flood or fire, or involving a building or structure shall be valid endanger the public safety. for a period longer than two years, unless an 5.4. No variance shall be granted which would occupancy permit is issued and a use be greater than the minimum variance commenced within such period. necessary to relieve the undue hardship or H. Recording of variances. No variance shall be the hardship of the applicant. valid unless, within 90 days of final approval of 6. No variance shall be granted from the the variance, a certificate describing the minimum lot sizes set forth in Subsection variance has been recorded by the applicant for 4.3.1 for lots in the IR-1 and IR-2 zones. the variance in the registry of deeds as required 7. No variance shall be granted from the by 30 M.R.S. § 4353(5). requirements in Subsection 6.4.1. F. Conditions on variances; variances less than 2.3.12 Violations requested. Reasonable conditions and In addition to any other remedies available, the safeguards relating to construction, character, Board of Appeals after notice and hearing may location, landscaping, screening, and other revoke any variance or other relief granted under matters may be imposed upon the premises this section when the provisions of this chapter or benefited by a variance as considered the conditions under which the relief was granted necessary to prevent injurious effects upon have not been complied with. other property and improvements in the vicinity or upon public facilities and services. 2.3.13 Appeals Such conditions shall be expressly set forth in 2.3.13 AnReconsideration the resolution granting the variance and in the The Board of Appeals may reconsider any decision notice informing the applicant thereof. within 45 days of its decision. A request to the Violation of such conditions and safeguards board to reconsider a decision must be filed within 2-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 441 ADMINISTRATION 10 days of the decision that is being reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, code enforcement officer, and other parties of interest, including abutters and those who testified at the original hearing(s). The board may conduct additional hearings and receive additional evidence and testimony. Appeal of a reconsidered decision to Superior Court must be made within 15 days after the decision on reconsideration. 2.3.14 Appeals Any aggrieved party may take an appeal, within 45 days of the vote of the original decision, from any final decision of the Board of Appeals may be taken by any aggrieved party to the superior court in accordance with Rule 80B of the Maine Rules of Civil Procedure and 30-A M.R.S. §§ 2691 & 4483., except as otherwise specifically provided in this article. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 2-19 Page 442 DEFINITIONS 3 DEFINITIONS that the household pays separately from rent) or must pay in ownership cost (including but not Accessory dwelling unit. A dwelling unit limited to mortgage payments, condominium/HOA subordinate in size to the principal residential fees, mortgage insurance, other insurance, and real structure(s) on a lot and located either within the estate taxes), does not exceed 30% of a household’s principal residential structure(s) or in an accessory income, or other amount established in City structure. regulations that does not vary significantly from this amount. Adjacent grade (within the floodplain). For the purposes of calculating floor elevation in areas of After-hours entertainment license. Any of the special flood hazard, the natural elevation of the music, dancing, and special entertainment licenses ground surface prior to the construction next to the required or authorized by Chapter 4, Article III of proposed wall of a structure. the City of Portland Code of Ordinances. Adult business establishment. Any business, Agriculture. The practice of farming, including the including but not limited to any bookstore, cultivation of the soilLand and associated structures newsstand, novelty store, nightclub, bar, cabaret, used for the growing of crops and rearingraising of amusement arcade, or theater, which: domesticated animals to provide food and other A. Keeps for public patronage or permits or allows products. for sale, personal consumption, donation, the operation of any adult amusement device and/or educational purposes. Agriculture may as defined in Chapter 4 of the City of Portland include nurseries, greenhouses, and truck gardens, Code of Ordinances; or providedincludes single-family dwellings and any B. Customarily, meaning more often than an additional dwellings that there is no sale of products average of one calendar week during any not producedare accessory to the principal use of calendar month of operation, exhibits motion agriculture. Agriculture also includes farmstands pictures or displays any other visual used to sell crops grown on the premises. representation described or advertised as being “X rated” or “for adults only,” or which Airport. Land, water, or any human-made object or customarily excludes persons from any portion facility located thereon, which is used or intended of the premises by reason of immaturity of age to be used for landing and takeoff of aircraft, and by the use of such, or similar, phrases; or any appurtenant areas that are used or intended to C. Is adjudged to be in violation of 17 M.R.S. §§ be used for airport buildings or other airport 2911, 2912. facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airports Affordable housing. Housing for which the may include airport administration, terminals, percentage of income a household is charged in carrier operations, concessions, reservations and rent and other housing expenses (including utilities ticket sales, freight, repair and storage, fueling such as electric, heat, water, sewer, and/or trash FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-1 Page 443 DEFINITIONS services, flying schools, car rental operations, and velocity flow may be evident. Such flooding is other associated uses. characterized by ponding or sheet flow. Airport restricted access areas. Runways, Area of special flood hazard. The land in the taxiways, and other areas of the Jetportan airport floodplain having a 1% or greater chance of flooding accessible to aircraft, whether access is restricted in any given year as specifically identified in the by the Federal Aviation Administration or not. most recently adopted FEMA Flood Insurance Study for the City of Portland. Alley. Any way designed primarily for vehicular and pedestrian or utility access to the back or side of Auto service station. A business selling gasoline, premises otherwise abutting on a street, except diesel, or fuel for vehicles and propane fuel,, or driveways unless officially designated otherwise. providing services specific to charging electric vehicles, or providing motor vehicle repairs Animal-related services. Establishments principally including, but not limited to, tune-ups, engine repair, for the training, daycare, or boarding of animals. brake work, muffler replacement, tire repair, or Such uses shall not include veterinary services. similar activities. Such businesses may also include car-washes and/or vacuums. Approval. An affirmative decision on an application, including an approval with conditions. Back office use. An office‑related use with minimal public visitation and minimal direct service to the Appurtenance. A device or structure not designed general public, primarily to provide support services for human occupancy and attached to the exterior to larger organizations such as educational of a building. institutions, social service agencies, or business headquarters. Archaeological site. A bounded geographic location containing the physical evidence of Bar. Any establishment required to be licensed to previous human occupation including but not sell alcoholic beverages for on‑premises limited to structures, artifacts, graphics (paintings consumption, which is not regularly used for the or drawings) and discarded material including plants purpose of providing full‑course meals, as defined in or animals. Title 28‑A of the Maine Revised Statutes, on the premises. Area of shallow flooding. Area designated AO and AH zone on the Flood Insurance Rate Map (FIRM) Base flood. The flood having a 1% chance of being with a 1 % or greater annual chance of flooding to hereof or exceeded in any given year (i.e., a 100-year an average depth of one to three feet where a storm). clearly defined channel does not exist, where the path of flooding is unpredictable, and where Basement. Area of building that includes a floor that is subgrade (below ground level) on all sides. 3-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 444 DEFINITIONS Bed and breakfast. A buildingdetached dwelling Building, accessory. A detached roofed and walled that contains between two andno more than nine structure that is incidental and subordinate in area guest rooms; is used to provide or offer overnight and extent, and/or use to the principal building(s) on accommodationsaccommodation for transient the property. A lot may have more than one guests; has an owner, manager, or operator living in accessory building. the building as a permanent resident; does not provide cooking facilities in any of the guest rooms; Building addition. Any increase to footprint, floor and does not provide meals other than breakfast, area, or volume of an existing building. which shall be offered only to overnight guests.provides meals on-site. Building alteration. A change or rearrangement in the structural supports, exterior appearance, or Blasting operations. The use of explosives for removing from orremoval of features otherwise purposes of breaking up and removing soil, rock, affecting the exterior appearance of a building. and ledge, related to construction and development of real estate within the city. Buildings, attached. Two or more independent buildings that share at least one common party wall Beverage container redemption center. A facility but have full building separation and independent established with the primary purpose of accepting principal entries; not free-standing. Attached empty beverage containers from consumers and buildings may or may not have common ownership. paying or otherwise providing the refund value of such containers. Building, principal. The main roofed and walled structure on a lot having the predominant area, Breakaway wall. A wall that is not part of the extent, and/or use. A lot may have more than one structural support of the building and is intended principal building. When a garage is attached to the through its design and construction to collapse principal building in a substantial manner as by an under specific lateral loading forces, without enclosed area with roof or common wall, it shall be damage to the elevated portion of the building or considered as a part of the principal building. supporting foundation system. Clinics. Child care center. Per 22 M.R.S. §8301-A(1- Building. A roofed and walled structure built for A)(A), a child care center is a house or other place permanent use. in which a person maintains or otherwise carries out a regular program, for consideration, for any Building (within Article 16). A human-made part of a day providing care and protection for 13 or construction created to shelter human activity, such more children under 13 years of age; or any location as a house, barn, church, hotel or similar structure. or locations operated as a single child care program Building may refer to a historically related complex or by a person or persons when there are more such as a courthouse and jail or a house and barn. than 12 children being cared for. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-3 Page 445 DEFINITIONS estuarine habitat; and/or any swamp, marsh, bog, Child care facility, small. Per 22 M.R.S. §8301-A(1- beach, flat, or other contiguous low land that is A)(E), a small child care facility is a house or other subject to tidal action during the highest tide level place, not the residence of the operator, in which a for the year in which an activity is proposed as person maintains or otherwise carries out a identified in tide tables published by the National regularly scheduled program, for any part of a day, Ocean Service. Coastal wetlands may include providing care and protection for 3 to 12 children portions of coastal sand dunes. between 6 weeks and 12 years of age. Containment wall. Wall surrounding all sides of an Clinic. Any establishment where patients are above ground tank to contain any spills or leaks. examined and treated by one or more health care providers, such as, but not limited to, physicians, Commercial vessel. Any watercraft used principally dentists, psychologists, or social workers. Clinics in a business or trade, including common carriers of may include laboratory services and facilities for passenger or freight, whether for governmental, ambulatory or outpatient surgical procedures. nonprofit, or emergency purposes, but not including pleasure craft used principally for Coastal AE Zone. The portion of the coastal high recreational purposes. hazard area with wave heights between 1.5 feet and 3.0 feet and bounded by a line labeled the “Limit of Common areas. Portions of a lodging house which Moderate Wave Action” (LiMWA) on a Flood are available for use by all residents of the lodging Insurance Rate Map (FIRM). VE Zone floodplain house. Common areas shall include, but are not construction standards are applied to development, limited to, one or more of the following: kitchens, new construction, and substantial improvements in living rooms, recreation rooms, improved the Coastal AE Zone. basements, and finished porches. Bathrooms, stairways, hallways, and storage areas shall not be Coastal high hazard area. An area of special flood counted as common areas. hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and Common circulation drives. Private driveways, any other area subject to high velocity wave action roadways and circulation areas accessible to all on- from storms or seismic sources. Coastal high site tenants and/or occupants of a lot within the hazard areas are designated as Zone VE and Zone Waterfront Central Zone providing access from/to AE bounded by a line labeled “Limit of Moderate the public street network. Wave Action” (LiMWA) on a Flood Insurance Rate Map (FIRM). Communication studio. A commercial or public communication facility, including radio and Coastal wetland. All tidal and subtidal lands; all television broadcasting and receiving stations and lands with vegetation present that is tolerant of salt studios. water and that occurs primarily in a salt water or 3-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 446 DEFINITIONS Community hall. A building or portion of a building accommodate the needs of persons with disabilities used for social, recreational, artistic, civic, or and their spouses that are younger than 55 years of educational community functions. Such a facility age, provided the majority of the residents are 55 would be open to the public for such functions, years of age or older. Services to be provided shall which, for example, could include but not be limited include the following: to performances, dance, exhibitions, cultural A. Transportation for essential support activities. exchange, training programs and workshops, B. Provision of at least one meal per day. neighborhood meetings, or gatherings. As part of C. Programmed social activities which are these functions and activities, it shall be permissible facilitated by staff. to serve food, subject to other applicable codes and D. Provision of personal care services including, ordinances. A community hall may also be referred but not limited to, housekeeping, laundry, and to as a neighborhood center. minimal health monitoring. E. Installation of emergency call buttons or Condominium. Any interest in real estate created systems in each unit. pursuant to the Unit Ownership Act, 33 M.R.S. § 560 et seq., or its equivalent, as it may from time to time Correctional pre-release facility. A facility housing be amended. up to 12 persons, plus staff, serving a primary clientele of persons in correctional pre-release Containment wall. Wall surrounding all sides of an programs. above ground tank to contain any spills or leaks. Critical systems. Mechanical, electrical, plumbing, Construction and engineering services. Offices fire protection, life safety, and communication for businesses in the conduct of any landscape or systems required for the uninterrupted and safe building trade or craft, together with land and/or operation and occupancy of a building. structures used for the storage of equipment, vehicles, machinery, and/or materials related to and Cultural facility. A facility open to the public, used by the trade or craft. Construction and providing access to cultural exhibits and activities engineering services with no storage of equipment, including but not limited to museums, cultural or vehicles, machinery, and/or materials are considered historical centers, non-commercial galleries. A general office uses. cultural facility may include accessory services such as, but not limited to, retail sales of related items. Congregate care facility. A residential development intended to facilitate aging in place Disturbed area. All land areas of a site that are that includes individual dwelling units with support stripped, graded, grubbed, filled, excavated, or services which provide assistance to residents. The substantially altered to accommodate construction population of a congregate care facility shall consist activity which results in permanent or long-term of persons 55 years of age or older and their alteration of the land. spouses. A congregate care facility may also FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-5 Page 447 DEFINITIONS Drive-through. A facility which provides a service converted from an existing dwelling of four or fewer directly to a motor vehicle occupant and where the units, or an existing structure in nonresidential use. customer drives a motor vehicle onto the premises and to a window or mechanical device through or Dwelling, single‑family. A single building by which the customer is served with or without containing one dwelling unit. exiting the vehicle. Drive-throughs do not include major or minor auto service stations. Dwelling, three-family. A single building containing three dwelling units. Drive-through features. Features associated with drive-throughs including but not limited to Dwelling, townhouse. A structure consisting of designated travel or stacking lanes, intercom two or more dwelling units, the interior of which is systems, menu boards, service windows, kiosks, configured in a manner such that dwelling units are mechanical devices, etc. attached horizontally, separated by a party wall, and each dwelling unit is located on a separate lot with a Dwelling unit. One or more rooms forming a single separate exterior entrance. unit for habitation by one family, including food preparation, living, sanitary, and sleeping facilities. Dwelling, two‑family. A single building containing two dwelling units. Dwelling, four-family. A single building containing four dwelling units. Dwelling unit. One or more rooms forming a single unit for habitation by one family, including food Dwelling, live/work. A principal structure that preparation, living, sanitary, and sleeping facilities. combines a dwelling unit with a permitted commercial use that is used by one or more of the Dwelling unit, accessory. A dwelling unit residents. A live/work dwelling may also include the subordinate in size to the principal residential combination of a dwelling unit with arts-related structure(s) on a lot and located either within the activities, such as painting, photography, sculpture, principal residential structure(s) or in an accessory music, and film, used by one or more of the structure. residents. Live/work dwellings are subject to the standards for the individual uses contained within Dwelling, two‑family. A single building containing this Code. two dwelling units. Dwelling, multi-family. A single building or portion Earth-moving activity. Any removal or placement, thereof containing threefive or more dwelling units. excavation, filling, stockpiling, or grading of soil, earth, loam, sand, gravel, rock, and other mineral Dwelling, multi-family conversion. A single deposits. building containing five or more dwelling units, 3-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 448 DEFINITIONS Easement. A right, privilege, or liberty which one storage tanks. Such systems may include towers, has in land owned by another for some special and poles, wires, mains, drains, pipes, conduits, cables, definite purpose. fire alarms and police call boxes, traffic signals, hydrants, and similar accessories, but shall not Elevation certificate. An official form (FEMA form include service drops or buildings which are FF-206-FY-22-152, as amended) that is used to verify necessary for the furnishing of such services. compliance with the floodplain management regulations of the National Flood Insurance Explosives. Any material or container containing a Program. chemical compound or mixture that is commonly used or intended for the purpose of producing an Emergency operations. Operations conducted for explosion and that contains any oxidizing and the public health, safety, or general welfare, such as combustible materials or other ingredients in such protection of resources from immediate proportions, quantities, or packaging that an destruction or loss, law enforcement, and ignition by fire, by friction, by compound or mixture operations to rescue human beings and livestock may cause such a sudden generation of highly from the threat of destruction or injury. heated gasses that the resultant gaseous pressures are capable of producing destructive effects on Emergency shelter. A facility providing temporary contiguous objects, but shall not mean the overnight shelter to homeless individuals components for handloading rifle, pistol and experiencing homelessness in a dormitory‑style or shotgun ammunition, or fireworks. per‑bed arrangement. Exhibition, meeting, and convention halls. An Entrance, principal. TheA main point of access for indoor facility for the conduct of exhibitions, pedestrians into a building. A buildingBuildings may conventions, or other large gatherings. have more than one principal entrance. Façade. An exterior building wall, from grade to the Esplanade. That portion of a street which is located top of the parapet or eaves. A facade incorporates between the curbline and the edge of the sidewalk the full width of a building elevation, including any closest to the street. projections or recesses occurring across an elevation. Essential services. The construction, alteration, or maintenance of gas, electrical, or communication Façade, blank. A building façade that contains facilities; steam, fuel, electric power, or water expanses of wall area with no windows, no transmission or distribution lines, towers and entrances, no articulation, and no other elements or related equipment; telephone cables or lines, poles, features, or is otherwise undifferentiated. and related equipment; gas, oil, water, slurry, or other similar pipelines; municipal sewage lines, Family. One or more individuals related by blood, collection, or supply systems; and associated marriage, civil union, adoption, or guardianship FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-7 Page 449 DEFINITIONS and/or up to eight unrelated individuals living Flood or flooding. together in a dwelling unit as a single nonprofit A. A general and temporary condition of partial or housekeeping unit. complete inundation of normally dry land areas from: Family child care provider. Per 22 M.R.S. §8301- 1. The overflow of inland or tidal waters. A(1-A)(C), a family child care provider is a person 2. The unusual and rapid accumulation or who provides day care in that person's home on a runoff of surface waters from any source. regular basis, for consideration, for children under B. The collapse or subsidence of land along a 13 years of age who are not the children of the shore of a lake or other body of water as a provider or who are not residing in the provider's result of erosion or undermining caused by home. waves or currents of water exceeding anticipated cyclical levels or suddenly caused by Farmstand. A temporary structure, used for the an unusually high water level in a natural body sale of food or non-food crops grown on the of water, accompanied by a severe storm, or by premises. an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some Fill. Soil, earth, loam, sand, gravel, rock and other similarly unusual and unforeseeable event mineral deposits. which results in flooding as defined above. Filling. The placement of soil, earth, loam, sand, Flood boundary and floodway map. The official gravel, rock and other mineral deposits. Filling shall map issued by the Federal Emergency Management include stockpiling. Agency (FEMA) on which the boundaries of the flood have been designated. This may alternatively Fixture, fully shielded. A light fixture or luminous be referred to as a flood hazard boundary map. tube constructed and mounted such that all light emitted by the fixture or tube, either directly from Flood elevation study. An examination, evaluation, the lamp, tube, or a diffusing element, or indirectly and determination of flood hazards and, if by reflection or refraction from any part of the light appropriate, corresponding water surface fixture, is projected below the horizontal. If the lamp elevations. or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or Flood Insurance Rate Map (FIRM). The official directly from the side, from any angle around the map on which the Federal Emergency Management fixture or tube, the fixture or tube is not fully Agency (FEMA) has delineated both the areas of shielded. special flood hazard and the risk premium zones applicable to the city. Flag. A fabric sheet of square, rectangular, or triangular shape having no enclosing or supporting framework that is typically mounted on a pole. 3-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 450 DEFINITIONS Floodplain or floodprone area. Any land area Forested wetland. A freshwater wetland susceptible to being inundated by water from any dominated by woody vegetation that is six meters source (see Flood or Flooding). (approximately 20 feet) tall or taller. Floodplain management. The operation of an Freeboard. A factor of safety usually expressed in overall program of corrective and preventive feet above a flood level for purposes of floodplain measures for reducing flood damage, including but management. Freeboard tends to compensate for not limited to emergency preparedness plans, flood the many unknown factors, such as wave action, control works, and floodplain management bridge openings, and the hydrological effect of regulations. urbanization of the watershed, which could contribute to flood heights greater than the height Floodplain management regulations. Zoning calculated for a selected size flood and floodway ordinances, subdivision regulations, building codes, conditions. health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, Freshwater wetland. Freshwater swamps, and erosion control ordinance), and other marshes, bogs, and/or similar areas which are both: applications of police power. The term describes A. Of ten or more contiguous acres or of less than such state or local regulations, in any combination ten contiguous acres and adjacent to a surface thereof, which provide standards for the purpose of water body except for any river, stream or flood damage prevention and reduction. brook such that, in a natural state, the combined surface area is in excess of ten acres Floodproofing. Any combination of structural or or of less than ten acres that is depicted on the nonstructural additions, changes, or adjustments to Shoreland Zoning map. structures which reduce or eliminate flood damage B.A. Inundated or saturated by surface or ground to real estate or improved real estate, to water and water at a frequency and for a duration sanitary facilities, structures, and their contents. sufficient to support, and which under normal circumstances do support, a prevalence of Floodway encroachment lines. The lines marking wetland vegetation typically adapted for life in the limits of floodways on federal, state, and local saturated soils. floodplain maps. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform Foundation. The supporting substructure of a to the criteria of this definition. building or other structure, excluding wooden sills and post supports, but including basements, slabs, Functionally-dependent use (within the frost walls, or other base consisting of concrete, floodplain). A use that cannot perform its intended block, brick, or similar material. purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-9 Page 451 DEFINITIONS loading and unloading of cargo or passengers, and HelistopGreenhouse/nursery (retail). An ship building and ship repair facilities, but does not establishment where flowers, shrubbery, trees, and include long-term storage or related manufacturing other horticultural and floricultural products are facilities. propagated and sold, which may include gardening and landscape supplies and products, such as Garage/yard sale. A temporary event held on hardware, garden tools and utensils, paving stones residential property, during which the owner or and bricks, bulk materials such as mulch, straw, and occupant offers used personal items, such as stone, and other related items for sale. clothing, furniture, and household goods, for sale to the public. Green roof. A roof of a building that is partially or completely covered with vegetation and designed to General office. An office for the conducting or meet the Maine Stormwater Best Management managing of a business or the practice of a Practices Manual standards and recommendations. profession, including that of a licensed health care A green roof installation must serve the purpose of provider, so long as such office does not include reducing stormwater runoff through retention or laboratory services and facilities for ambulatory slowing and consist of an assembly that at a surgical procedures. Such an office may or may not minimum includes a root repellent system, a offer services to the public. An office is not drainage system, a filtering layer, a growing medium materially involved in fabricating, assembling, or and plants, and shall be installed on a waterproof warehousing of physical products for the retail or membrane. wholesale market, nor engaged in the repair of products or retail services. Ground cover. Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter General services. Establishment primarily engaged of the forest floor. in rendering frequent or recurring services to persons or business on a fee basis, including but not Group home. A housing facility for 9 to 12 persons limited to banks, health clubs, laundries, with disabilities that is approved, authorized, employment services, management services, certified, or licensed by the State. personnel services, or maintenance servicesbeauty shops, barber shops, nail salons, electronics repair Heliport. An area used for the landing of shops, and the like. helicopters at any location other than an airport. Such area shall include a landing area or pad, and Handicapped family unit. A dwelling unit which may include parking required for access to the provides living facilities for handicapped persons. A landing area or pad, a loading and unloading area for handicapped family unit may also provide emergency vehicles, and other related facilities counseling and support services. Staff members other than maintenance and repair facilities. may also be included in the population. 3-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 452 DEFINITIONS Highest Astronomical Tide. The elevation of the unpaved parking areas that will be compacted highest predicted astronomical tide expected to through design or use to reduce their permeability. occur at a specific tide station over the National Common impervious surfaces include, but are not Tidal Datum Epoch, or NTDE. limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt Historic rehabilitation. The act or process of paving, gravel roads, packed earthen materials, and making possible a compatible use for a property macadam or other surfaces which similarly impede through repair, alterations, and additions while the natural infiltration of stormwater. Pervious preserving those portions or features which convey pavement, pervious pavers, pervious concrete, and its historical, cultural, or architectural values. underdrained artificial turf fields are all considered impervious. Hospital. An institution providing health services, primarily on an inpatient basis, and medical or Impound lot. A facility that provides temporary surgical care of the sick or injured, including as an outdoor storage for vehicles that are to be claimed integral part of the institution such related facilities by titleholders or their agents. An impound lot is as laboratories, outpatient departments, training typically used for the storage of wrecked motor facilities, central service facilities, and staff offices. vehicles usually awaiting insurance adjustment or transport to a repair shop. Impound lot does not Hostel. An overnight lodging facility for transient include impound facilities owned and used by guests that provides sleeping rooms and common governmental authorities. spaces for cooking. A hostel shall not be used as an emergency shelter. Industrial, high-impact. Industrial activity involving the manufacturing, packaging, assembly, or Hotel. A building used for more or less temporary distribution of finished or semi-finished products occupancy of individuals who are lodged with or from either raw materials or previously prepared without meals. A commercial facility that provides material which are generally incompatible with sleeping accommodation for a fee and customary residential, commercial, and lower-impact industrial lodging services. Related accessory uses may uses and sensitive natural areas due to their high include, but are not limited to, meeting facilities, generation of traffic, noise levels, emissions, lighting, restaurants, bars, and recreational facilities for the and odors. High-impact industrial includes fish- use of guests. A hotel has common facilities for waste processing. reservations, cleaning services, combined utilities, and on-site management and reception. Industrial, low-impact. Industrial activity involving the manufacturing, packaging, assembly, or Impervious surface. Area covered with low- distribution of finished products from previously permeability material that is highly resistant to prepared material, including but not limited to the infiltration by water, such as asphalt, concrete, or following: artist studios, bakeries; breweries; rooftop, and areas such as gravel roads and distilleries; bottling; coffee roasters; commercial FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-11 Page 453 DEFINITIONS kitchens; pharmaceuticals; machine shops; devices used for the cooking and preparation of watchmakers; makers of precision instruments, food. musical instruments, toys and sporting goods, pottery and ceramics using only previously Laboratory and research facility. A building or pulverized clay, wood products, jewelry; assembly of group of buildings used for the purpose of electrical components; canteen services; tool and conducting research, investigation, testing, and die shops; plant and tree nurseries; and the experimentation in any field of science, medicine, or packaging of foods.or semi-finished products from technology and including facilities such as but not previously prepared material, where such activities limited to administrative offices, laboratories, and are conducted wholly within an enclosed building. service or machine shops to serve the facility. Low-impact industrial uses do not include the Laboratory and research facilities do not include processing of raw materials or salvaging operations. manufacturing of products for sale. Low-impact industrial uses are generally compatible, due to their size and nature of impact, with Limit of Moderate Wave Action (LiMWA). The residential, commercial and other low impact landward limit of the 1.5 foot breaking wave within a industrial uses. Coastal AE Zone. These areas are bounded by a line labeled “Limit of Moderate Wave Action” (LiMWA) Intermediate care facility. A facility which on a Flood Insurance Rate Map (FIRM). The LiMWA provides, on a regular basis, health‑related care and line delineates that portion of the Special Flood services for more than 13 individuals who do not Hazard Area (SFHA) landward of a VE zone in which require the degree of care and treatment which a the principal sources of flooding are astronomical hospital or extended care facility is designed to high tides, storm surges, or tsunamis, not riverine provide but who, because of their mental or sources. These areas may be subject to wave physical condition, require such care and services effects, velocity flows, erosion, scour, or above the level of room and board.Intermodal combinations of these forces. The floodplain transportation facility. A facility where two or development and construction standards for VE more modes of transportation intersect, passengers Zones will be applied in the Coastal AE Zone. can transfer between modes, and basic passenger amenities are provided. Locally-established datum. For purposes of the floodplain ordinance, an elevation established for a Said facility must be licensed as a board care, specific site to which other elevation at the site are residential care facility or equivalent pursuant to the referenced. This elevation is generally not regulations promulgated by the State of Maine referenced to the National Geodetic Vertical Datum Department of Health and Human Services. (NGVD), North American Vertical Datum (NAVD), or any other established datum and is used in areas Kitchen facilities. Facilities used for the where mean sea level data is too far from a specific preparation of meals, including refrigerators and site to be practically used. 3-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 454 DEFINITIONS Lodging house. A house, building or portion on a plan recorded in. A lot which, at the thereof containing twofive or more rooming units, Cumberland County Registry of Deeds as of the as well as common areas, and providing such units effective date designated in the relevant provisionof to individuals on not less than a monthly basis for adoption or amendment of this chapter and b) compensation. conformed to the Code, does not meet the minimum lot area or minimum street frontage Long-term or extended care facility. An institution requirements of this chapter asthe zone in which it or a distinct part of an institution that is licensed or is located. approved to provide full‑time convalescent or chronic care, or health care under medical Lot, through. A lot that fronts upon two parallel supervision for 24 or more consecutive hours, to streets, or which fronts upon two streets which do nine or more individuals who, by reason of not intersect at the boundaries of the date advanced age, illness, or infirmity are unable to care designated inlot. for themselves, and who are not related to the governing authority by marriage, blood, or adoption. Lot, flag. A lot platted so that the relevant provision Lot. ALodging house common areas. Portions of a of this chapter.main building site area (the “flag”) is lodging house which are available for use by set back from the street on which it fronts, and residents of the lodging house. Lodging house includes an access strip (the “pole”) connecting the common areas shall include, but are not limited to, main building site with the street. one or more of the following: kitchens, living rooms, recreation rooms, improved basements, and finished porches. Bathrooms, stairways, hallways, and storage areas shall not be counted as lodging house common areas. Lot. A lawfully created parcel or area of land that is designated as an individual unit for use, development, or ownership that is either: a) a parcel or area of land that is separately described in a deed or on a plan recorded in the Cumberland County FIGURE 3-A: FLAG LOT Registry of Deeds; b) a contiguous combination of such lots under common ownership and designated Lowest floor (within the floodplain). The lowest as one unit for development; or c) a newly floor of the lowest enclosed area (including established parcel meeting all the dimensional basement). An unfinished or flood resistant requirements of the zone in which it is located. enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a Lot of record. A , nonconforming parcel or area basement area, is not considered a building’s lowest of land that: a) is separately described in a deed or floor, provided that such enclosure is not built so as FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-13 Page 455 DEFINITIONS to render the structure in violation of the applicable Manufactured housing. A structural unit or units non-elevation design requirements of Article 12. designed for residential occupancy and constructed in a manufacturing facility and then transported by Low-income household. A household having an the use of its own chassis or placement on an income not exceeding 80% of median income for independent chassis to a building site. The term area of residence as set forth in regulations includes any type of building which is constructed at promulgated from time to time by the United States a manufacturing facility and then transported to a Department of Housing and Urban Development building site where it is utilized for housing and may pursuant to 42 U.S.C. sections 1437 et seq. be purchased or sold by a dealer in the interim. For purposes of this article, two types of manufactured Low-income housing unit for rent. A dwelling unit housing are included. They are: for which: D. Those units constructed after June 15, 1976, A. The rent is affordable to a household earning which the manufacturer certifies are 80% or less of Area Median Income (AMI) as constructed in compliance with the standards defined by the United States Department of required by the United States Government Housing and Urban Development (HUD). Department of Housing and Urban B. The unit is rented to a household earning 80% Development, as such standards are from time or less of AMI. to time revised or amended, meaning C. The requirements of (A) and (B) above are structures, transportable in one or more limited by deed restriction or other legally sections, which in the traveling mode are 14 binding agreement for the applicable length of body feet or more in width and are 750 or time in this ordinance. more square feet, and which are built on a permanent chassis and designed to be used as Low-income housing unit for sale. A dwelling unit dwellings, with or without permanent for which: foundations, when connected to the required A. The sale price is affordable to a household utilities, including the plumbing, heating, air earning 100% or less of Area Median Income conditioning, and electrical systems contained (AMI) as defined by the United States therein. This term also includes any structure Department of Housing and Urban which meets all the requirements of this Development (HUD). subparagraph except the size requirements and B. The unit is sold to a household earning 100% or with respect to which the manufacturer less of AMI. voluntarily files a certification required by the C. The requirements of (A) and (B) above are Secretary of the United States Department of limited by deed restriction or other legally Housing and Urban Development and complies binding agreement for future sales for the with the standards established under the applicable length of time in this ordinance. National Manufactured Housing Construction and Safety Standards Act of 1974, United States Code, Title 42, Section 5401 et seq.; and 3-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 456 DEFINITIONS E. Those units constructed after June 15, 1976, Marijuana product. As defined by 22 M.R.S. § 2422 which the manufacturer certifies are or 28-B M.R.S. § 102. constructed in compliance with the state’s Manufactured Housing Act and regulations, Marijuana, registered dispensary. A registered meaning structures, transportable in one or medical marijuana dispensary as defined by 22 more sections, which are not constructed on a M.R.S. § 2422. permanent chassis and are designed to be used as dwellings on foundations when connected to Marijuana, registered patient. As defined by 22 required utilities, including the plumbing, M.R.S. § 2422. heating, air conditioning, or electrical systems contained therein. Marijuana retail store. A retail establishment Any unit which does not fall within the definitions of licensed to sell marijuana, marijuana products, this section and which is legally sited within the city immature marijuana plants, and seedlings to adult on December 18, 1989, may be relocated to any use or medical marijuana customers. A marijuana location in the city in which manufactured housing retail store is only authorized as a principal use, and is allowed. is not permitted as an accessory use. A marijuana retail store may not exceed a maximum gross floor Manufactured housing park. A parcel of land area of 2,000 square feet. A marijuana retail store under unified ownership approved by the Planning shall not include a registered dispensary. Board under 30‑A M.R.S. § 4358 for the placement of single‑component manufactured housing. Marijuana, small-scale caregiver. A registered caregiver who sells or dispenses marijuana to no Marijuana cultivation facility. A cultivation facility more than five individual registered patients in any required to be licensed pursuant to 28-B M.R.S. § one calendar month; does not process or 201 or any other facility engaged primarily in the manufacture marijuana using chemicals or solvents; business of planting, propagation, growing, and cultivates no more than: 1) 250 square feet of harvesting, drying, curing, grading, trimming, or plant canopy where located in a single-family other processing of marijuana, including mature dwelling or commercial space; or 2) 125 square feet marijuana plants, immature marijuana plants, of plant canopy where located in a dwelling unit seedlings, and marijuana seeds, for use or sale. within a two-family or multi-family building. Marijuana manufacturing facility. A Marijuana testing facility. A facility licensed to manufacturing facility required to be licensed develop, research and test marijuana, marijuana pursuant to 22 M.R.S. § 2423-F or 28-B M.R.S. § 201. products and other substances as defined by 22 M.R.S. § 2422 or 28-B M.R.S. § 102. Marijuana, plant canopy. As defined by 28-B M.R.S. § 102. Marina. A commercial operation providing floats, slips, and piers intended primarily for berthing of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-15 Page 457 DEFINITIONS noncommercial vessels and the provision of related Mid-block permeability. A continuous, open-air services such as supplies, fuel, equipment and corridor at least 20’ in width that physically or repairs, which may be provided both to tenants and visually connects two streets or public rights-of-way non-tenants. and provides a break in the street wall. The corridor must be unobstructed and open to the sky. Market garden. An area of land or a facility, managed and maintained by an individual, group, or Moderate-income household. A household having business to grow and harvest food and non-food an income not exceeding 120% of median income crops to be sold for profit on-site, off-site, or both. for area of residence as set forth in regulations Market gardens may be located outdoors or fully promulgated from time to time by the United Sates enclosed within a permanent building. Market Department of Housing and Urban Development gardens do not include the cultivation of marijuana. pursuant to 42 U.S.C. sections 1437 et seq. Market value. The estimated price a property will Multi-family development. The construction or bring in the open market and under prevailing creation of three or more dwelling units on any market conditions in a sale between a willing seller parcel of land or the addition of two or more and a willing buyer, both conversant with the dwelling units cumulatively within a three-year property and with prevailing general price levels. period. Mean high tide. The mean height of tidal high waters at a particular point or station over a period National Geodetic Vertical Datum (NGVD). The of time to such length that increasing its length national vertical datum, a standard established in does not appreciably change this mean. For tidal 1929, which is used by the National Flood Insurance waters, the cycle of change covers a period of 19 Program (NFIP). NGVD is based upon mean sea years, and mean high tide is defined as the average level in 1929 and also has been called “1929 Mean of the high waters over a 19-year period. Sea Level (MSL)”. Mean sea level (within the floodplain). For Neighborhood center. A building or portion of a purposes of the National Flood Insurance Program, building used for recreational, artistic, social, the National Geodetic Vertical Datum (NGVD) of educational, health, culture, or similar activities and 1929, North American Vertical Datum (NAVD), or services, usually owned and operated by a public or other datum, to which base flood elevations shown nonprofit group or agency. As part of these on the City’s FIRM are referenced. functions and activities, it shall be permissible to serve food, subject to other applicable codes and Military personnel berthing. A building, or portion ordinances. thereof, which is primarily used as, and intended for, temporary living quarters for military personnel. Neighborhood nonresidential reuse. Select nonresidential uses located within a residential 3-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 458 DEFINITIONS neighborhood to serve nearby residents, and movement of the earth’s crust, glacial rebound and occupying a structure which is nonresidential in its subsidence, and the increasing use of satellite original construction and/or current principal use. technology. Non-commercial vessel berthing. The use of Office park. Separate office buildings planned, berthing space for berthing of watercraft other than constructed, or managed on an integrated commercial vessels. Berthing space used in the coordinated basis. following manner shall not be included in the calculation of the number of linear feet under this Object (within Article 16). A material thing of use category: functional, aesthetic, cultural, historical, or scientific A. Space used principally for sale or repair of value that may be, by nature or design, movable yet vessels. related to a specific setting or environment. B. Commercial vessel tenant space used by a noncommercial vessel for a period not Office park. A development of one or more exceeding ten consecutive days while the buildings designed to accommodate offices, primary commercial vessel tenant is conducting laboratory and research facilities, high-tech its business or trade. manufacturing, and similar uses with no outdoor storage. An office park may also include hotels, Normal high-water line (non-tidal waters). That medical/dental offices, and supportive commercial line which is apparent from visible markings, uses for the primary convenience of office park changes in the character of soils due to prolonged workers and visitors, including limited retail, general action of the water or changes in vegetation, and services, financial institutions, child care centers and which distinguishes between predominantly aquatic small child care facilities, and restaurants. and predominantly terrestrial land. Areas contiguous with rivers that support non-forested Off-peninsula. All land located north of I-295. wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the 100-year flood. See base flood. river during the period of normal high-water are considered part of the river. On-peninsula. All land located south of I-295. North American Vertical Datum (NAVD). The Open space. Any parkLand and any other area national datum whose standard was established in outsidewater areas designed and reserved for use 1988, which is the new vertical datum used by the as active or passive recreation areas or for National Flood Insurance Program (NFIP) for all preservation purposes. new Flood Insurance Rate Maps. NAVD is based upon vertical datum used by other North American Open space, public. Open space maintained for countries such as Canada and Mexico and was the use of a buildingthe general public. Public open established to replace NGVD because of constant FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-17 Page 459 DEFINITIONS to the public.space may include parks, plazas, and temporary outdoor uses such as festivals and public seating areas. performances. Outlet stream. Any perennial or intermittent Party wall. Any partition wall common to two stream, as shown on the most recent highest adjacent or attached buildings. resolution version of the national hydrography dataset available from the United States Geological Place of assembly. A building or portion of a Survey on the website of the United States building used as a community hall, neighborhood Geological Survey or the national map, that flows center, private club, or fraternal organization, or from a freshwater wetland. place of religious assembly. This definition shall not include buildings or portions of buildings used as a Owner. Any person that has any interest, legal or community hall, neighborhood center, private and beneficial, in any parcel or lot. fraternal organizationclub or non-profit social and recreational facility, or place of religious assembly Piers, docks, wharves, bridges and other where 15eight or fewer people, not including the structures and uses extending over or beyond permanent residents of a single-family dwelling, the normal high-water line or within a wetland, assemble. temporary. Structures which remain in or over the water for less than seven months in any period of 12 Place A place of religious assembly. A building or consecutive months. portion of a building used for religious worship or instruction including, but not limited to, churches, Piers, docks, wharves, bridges and other synagogues, masjids, mosques, and other places of structures and uses extending over or beyond worship. the normal high-water line or within a wetland, Planned residential unit development (PRUD). A permanent. Structures which remain in or over the residential subdivision consisting of attached or water for seven months or more in any period of 12 detached dwellings intended for separate consecutive months. Park. A noncommercial public ownership and land to be owned may include facility that serves the recreational needs of accessory uses, such as childcare facilities or residents and visitors. Park includes, but is not preschools, meeting rooms, food preparation and limited to, playgrounds, ballfields, golf courses, used in common, with open spaces, recreational gymnasiums, playing fields, courts, dog parks, areas, access waysdining areas, auditoriums, and skateboard parks, pools, community gardens, buildings which are designed, built, and managed in marinas, sports complexes, and passive recreation accordance with a unified development plan/or areas. Parks may also include non-commercial classrooms. indoor or outdoor facilities, including zoos and amphitheaters, accessory services such as, but not Planned unit development (PUD). A development limited to, restaurant and retail establishments, and consisting of either detached or attached single- family dwelling units and commercial or other uses, 3-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 460 DEFINITIONS on substantially-sized properties of greater than 20 purposes as an example of dwelling units available acres and designed to be compatible with the for sale or rental in a residential development surrounding built and natural environment. and/or sales or rental offices for dwellings within the development. Plant canopy. As defined by 28-B M.R.S. § 102. Recent floodplain soils. Recent floodplain soils Post-secondary school. A facility for post- include the following soil series as described and secondary higher learning that grants associate or identified by the National Cooperative Soil Survey: bachelor's degrees. The institution may also have Alluvial. Charles, Cornish, Fryeburg, Hadley, research facilities and/or professional schools that Limerick, Lovewell, Medomak, Ondawa, Podunk, grant master and doctoral degrees. Post-secondary Rumney, Saco, Suncook, Sunday, and Winooski. schools may also include additional uses as part of the principal use, such as dormitories, cafeterias, Recreational vehicle. A vehicle that is: restaurants, retail sales, indoor or outdoor A. Built on a single chassis; recreational facilities, preschool facilities, and similar B. 400 square feet or less when measured at the uses. largest horizontal projection, not including slideouts; Preschool facility. Facility which provides a regular C. Designed to be self-propelled or permanently program of care and protection for children towable by a motor vehicle; and, generally younger than those attending elementary D. Designed primarily not for use as a permanent school, which may also encompass daycare facilities. dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.; Private club or non-profit social and recreational and facility. A private club or nonprofit social and E. Registered as a motor vehicle with tires recreational facility is open exclusively to members attached and on the ground and to their bona fide guests accompanying them, in order to promote fellowship, social living, proper Recreation and amusement centers. recreation, civic responsibility, neighborhood Facilitiescenter. A facilities equipped for the responsibility, community welfare, or other conduct of sports and athletic events or indoor endeavors. It shall be permissible to serve food and leisure time recreation activities, including games of meals on such premises provided adequate dining skill or games of chance licensed either by the City room space and kitchen facility are available and are of Portland or by the State of Maine.. Such facilities provided within all regulations of this Land Use may limit admission either to members or to Code and other applicable codes and ordinances. persons paying an entrance fee. Recreation and amusement centers may be indoor or outdoor. Real estate project sales office/model unit. They do not include stadiums. A residential unit or other structure within a development that is temporarily used for display FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-19 Page 461 DEFINITIONS Registered Recycling facility. A facility engaged Residential care facility (small). A facility which exclusively in the collection, separation, recovery provides, on a regular basis, medical or non-medical and sale or reuse of materials that would otherwise care and services for up to 16 individuals in separate be disposed of or processed as waste or the dwelling or rooming units. Said facility must be mechanized separation and treatment of waste, licensed as a board care, residential care facility or other than through combustion, and the creation equivalent pursuant to the regulations promulgated and recovery of reusable materials other than as a by the State of Maine Department of Health and fuel for the generation of electricity.dispensary. A Human Services. registered medical marijuana dispensary as defined by 22 M.R.S. § 2422. Residential care facility (large). A facility which provides, on a regular basis, medical or non-medical Registered patient. As defined by 22 M.R.S. § care and services for 17 or more individuals in 2422. separate dwelling or rooming units. Said facility must be licensed as a board care, residential care Regulatory floodway. The channel of a river or facility or equivalent pursuant to the regulations other watercourse and the adjacent land areas that promulgated by the State of Maine Department of must be reserved in order to discharge the base Health and Human Services. flood without cumulatively increasing the water surface elevation more than a designated height. Restaurant. Any food service establishment with When not designated on the Flood Insurance Rate indoor seating capacity for ten or more patrons. Map (FIRM), it is considered to be the channel of a river or other watercourse and the adjacent land Retail. Any shop or store offering goods or areas to a distance of 1/2 the width of the floodplain, merchandise to the general public for direct as measured from the normal high-water mark to consumption and not for resale, or food service the upland limit of the floodplain. establishment with indoor seating capacity for nine or fewer patrons. Retail shall not include gasoline, Repair services. Establishments primarily engaged diesel, or propane fuel sales. in rendering services related to the maintenance or repair of goods. In industrial zones only, repair Riprap. Rocks, irregularly shaped, and at least six services shall include motor vehicle repair services. inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two Relocation. The act or process of taking a structure units horizontal to one unit vertical or less. or object and moving it from its current location or orientation to a new location or orientation. River. A free-flowing body of water including its associated floodplain wetlands from that point at Riverine. Relating to, formed by, or resembling a which it provides drainage for a watershed of 25 river (including tributaries), stream, brook, etc. square miles to its mouth. 3-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 462 DEFINITIONS Riverine. Relating to, formed by, or resembling a Self-storage facility. A facility for the storage of river (including tributaries), stream, brook, etc. personal property, where individual renters control and access individual storage spaces. Self-storage Roadway. That portion of a street between the facilities may be designed with individual storage regularly established curblines, or that part of a spaces located within a fully enclosed, climate street or alley devoted to vehicular or bicycle traffic. controlled building, with individual storage spaces accessed from the outdoors, or with a combination Rooming unit. One or more rooms forming a single of storage spaces. Administrative offices for the unit used, or intended to be used, for living and facility, and retail sales of related items, such as sleeping purposes by an individual or a family, but moving supplies may be included. not designed for food preparation. In a suite of rooms, each room that provides sleeping Sexually explicit. The display or depiction of sex accommodationsaccommodation shall be counted organs during actual or simulated sexual intercourse as one rooming unit for the purpose of this chapter. or sexual acts as defined in 17 A M.R.S. § 251. Self-storage facility. A fully enclosed building with Sheltered care group home. A facility which, in individual, secured units (accessed with or without addition to providing food and shelter to a defined supervision) used for the exclusive purpose of population of up to 12 individuals, provides guidance storage of non-hazardous business or personal or counseling services as a primary function of the materials. facility. Sapling. A tree species that is less than two inches Shore frontage. The length of a lot bordering on a in diameter at four and one half feet above ground water body or wetland measured in a straight line level. between the intersections of the lot lines with the shoreline.Shoreline. The normal high-water line, or Sea Level Rise-Base Flood Elevation (SLR-BFE). upland edge of a freshwater or coastal wetland. 13 feet NAVD88, or the predicted height of flood waters that may occur as the result of a 100 year Sidewalk. That portion of a street not included in storm in conjunction with 3.9 feet of base sea level the roadway, and devoted in whole or part to rise. pedestrian traffic. Sea Level Rise-Design Flood Elevation (SLR- Sign. A structure, device, figure, display, message DFE). The minimum elevation required for placard, or other contrivance, or any part thereof, a finished ground floor level in the Coastal Flood situated outdoors or indoors, which is designed, Resilience Overlay Zone (CFROZ). constructed, intended, or used to advertise, provide information in the nature of advertising, provide Seedling. A young tree species that is less than four historical, cultural, archeological, ideological, and one half feet in height above ground level. political, religious, or social information, or direct or FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-21 Page 463 DEFINITIONS attract attention to an object, person, institution, Sign, building-mounted. Sign attached to, business, product, service, message, event, or connected to, erected against the wall, parapet, or location by any means, including words, letters, fascia of a building or structure. figures, designs, symbols, fixtures, colors, or illumination. Sign, bus shelter. As specified in 23 M.R.S. §1908-A, any outdoor sign visible to the traveling public from Sign, animated. Flashing, blinking, reflecting, public right-of-way that is affixed to a publicly- revolving, or other similar sign with visibly moving owned bus shelter operated by a transit agency. or rotating parts or visible mechanical movement of any kind. Sign, cabinet. A permanent building-mounted or freestanding sign with its text and/or logo symbols Sign, awning. Any sign that is part of or attached to and artwork on a translucent face panel that is an awning over a door, entrance, window, mounted within a metal frame or cabinet that storefront, or outdoor service area. contains the lighting fixtures which illuminate the sign face from behind. Sign, A-Frame. A pedestrian-oriented self- supporting sign that is not permanently affixed to a Sign, canopy. A sign that is printed, painted, or structure or the ground. affixed to a canopy, typically used to accent building entries. Sign, bandit. Any advertising sign that is placed on public property or on private property without the Sign, center identification. A sign identifying the consent of the property owner or as authorized in name of a building, office park, or shopping center this article. only. Sign, blade. A permanent, pedestrian-scaled sign Sign, changeable copy. A sign that is designed so mounted either to the wall of building by means of a that characters, letters, numbers, or illustrations can bracket or attached to the underside of a lintel, be manually or mechanically changed or rearranged arch, or other overhead structure above a porch or without altering the face or surface of the sign. For walkway and which is typically hung perpendicular the purposes of this article, a sign whose message to the wall of the building. changes more than eight times per day is considered an animated sign and not a changeable Sign, building identification. A sign consisting of copy sign. letters or numbers applied to a building wall, engraved into the building material, or consisting of Sign, directional. A sign erected to inform the a sculptural relief which contains the name of the viewer of the approximate route, direction, or building or describes its function, but which does location of a facility or use. not advertise any individual tenant of the building or any products or services offered. 3-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 464 DEFINITIONS Sign, direct illumination. Illumination resulting Sign, incidental. A sign which provides incidental from light emitted directly from an exposed light information, including security, credit card bulb or light fixture, and not light diffused through acceptance, business hours, open/closed, directions translucent signs or reflected from other surfaces to services and facilities, or menus. such as the ground or building face. Sign, individual letter. A cut-out or etched letter Sign, directory. A permanent sign which provides or logo which is individually mounted on a building information in a list, roster, or directory format. wall or freestanding sign. Sign, Electronic Message. A sign or portion of a Sign, internally illuminated. Any sign in which the sign that utilizes computer-generated messages or source of light is entirely enclosed or backlit (halo) some other electronic means of changing its within the sign and not directly visible. characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated Sign, landmark. A permanent sign indicating graphics and video, by electronic or automatic individual historic landmarks, local historic districts, means. An Electronic Message Sign is not a Single- or otherwise determined by the City to have or Two-Color LED Sign. attained a high degree of community, cultural, aesthetic, or historic significance. Sign, externally-illuminated. A sign whose illumination is reflected from its source by the sign Sign, logo. A stylized group of letters, words, surface to the viewer's eye, the source of light not numbers, or symbols used to represent and being visible to the viewer. (See Section 19.7.3(C).) distinguish a business, product, or organization. Sign, feather banner. A temporary sign that is Sign, marquee. A permanent sign structure placed taller than it is wide and made of a flexible material over the entrance to a building and typically used (typically cloth, nylon, or vinyl) and mounted to a for a theater or other entertainment use. pole to fly freely. Sign, monument. A permanent freestanding sign Sign, freestanding. A permanent sign that is with a solid base that is at least 60% the width of erected or mounted on its own self-supporting the sign face. permanent structure or base detached from any supporting elements of a building. Sign, off-premise. Any sign that directs attention to a business, commodity, service, entertainment, Sign, fuel pump topper. A temporary sign affixed product, structure, use, or property different from a to the top of an operable fuel dispensing pump used structure or use existing on the property where the to advertise goods offered for sale on the same sign is located, and/or any sign on which space is parcel on which the fuel pump is located. rented, donated, or sold by the owner of said sign FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-23 Page 465 DEFINITIONS or property for the purpose of conveying a plane of wall or fascia to which it is affixed or message. erected. Sign, permanent. A sign intended to exist for the Sign, wall banner. A temporary sign constructed of duration of time that the use or occupant is located cloth, bunting, plastic, paper, or similar non-rigid on the premises. material, and securely attached to the wall or support structure for which it is advertising. Flags Sign, pole. An elevated permanent sign typically are not considered temporary wall banners. supported by one or two poles, posts, or columns that do not meet the base width requirements for a Sign, window. A permanent or temporary sign monument sign. posted, painted, placed, or affixed in or on a window, or otherwise exposed to public view Sign, projecting. A permanent sign that is attached through a window. to and extends perpendicular from a building from the wall. Sign, Yard, Type I. A small temporary sign typically constructed of corrugated plastic and supported on Sign, service island canopy. A permanent sign a wire frame used, for example, for advertising by mounted on or under a service island canopy, local businesses or by election campaigns. including on a fascia. Sign, Yard, Type II. A temporary sign mounted on a Sign, single-color or two-color LED. A permanent single post installed securely in the ground with a or temporary sign or portion of a sign composed of small sign hanging from a cross-bar mounted single-color or two-color LEDs that displays static or parallel to the ground. changeable sign messages using characters, letters, and numbers only. Examples of these signs include, Sign, Yard, Type III. A temporary large sign but are not limited to, "open" or "closed" signs, time mounted on two posts installed securely in the and temperature" signs, or signs indicating the ground. number of available spaces in a parking garage. Sign copy. Any graphic, word, numeral, symbol, Sign, temporary. A sign which is intended for a insignia, text, sample, model, device, or combination limited period of display and which is designed to be thereof that is primarily intended to advertise, moved easily and is not permanently affixed to a identify, or notify. structure, sign area, or window. Sign face. The exterior surface of a sign, exclusive Sign, wall. A permanent sign affixed to or erected of structural supports, on which is placed the sign against the wall or fascia of a building or structure, copy. with the exposed face of the sign parallel to the 3-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 466 DEFINITIONS Sign substructure. The supports, uprights, bracing dwelling unit within a two-family or multi-family and/or framework of a sign. building. Site. All contiguous land under the same ownership Solar access. Space open to the sun and clear of or control, whether proposed for development or overhangs or shade, including orientation of not, except where development is limited to a lot or buildings and lots to the sun, so as to permit the use lots within a subdivision. of active and/or passive solar energy systems on individual properties. Small-scale marijuana caregiver.Site (within Article 16). The location of a significant event, an Solar energy system. A complete assembly archaeological site, a landscape or traditional consisting of one or more solar collectors and cultural property, or a building or structure, associated mounting hardware or equipment, whether standing, ruined, or vanished, where the intended to provide for the collection, storage, and location itself maintains historical or archeological distribution of solar energy for heating or cooling, value regardless of the value of any existing electricity generation, or solar/thermal hot water structure. systems. Solar energy systems shall include the following: Social service center. A service establishment that A. Accessory solarSolar energy system, provides assistance for those recovering from accessory. A system as defined above, where chemical or alcohol dependency; survivors of abuse power generation is incidental to a principal seeking support; those transitioning from use, which may take the form of either a. homelessness or prior incarceration; and those with Accessory solar energy systems include health and disability concerns. It does not include building -integrated or roof-mounted solar in-patient, overnight, or living quarters for recipients arraysystems of any size, or ground-mounted of the service or for the staff. Such service does not array occupying systems of less than 1,000 include medical examinations or procedures, or square feet of air-space over groundin area. medical detoxification, dispensing of drugs or B. Minor solarSolar energy system, minor. A medications, or other treatments normally system as defined above, between 1,000 and conducted in a medical office. 9,999 square feet in area, where power generation is considered a principal use, which. A registered caregiver who sells or dispenses Minor solar energy systems may take the form marijuana to no more than five individual registered of either a building-integrated or roof-mounted patients in any one calendar month; does not solar array of any size, or a ground-mounted process or manufacture marijuana using chemicals system occupying between 1,000 and 9,999 or solvents; and cultivates no more than: 1) 250 square feet of ground area. square feet of plant canopy where located in a C. Major solarSolar energy system, major. A single-family dwelling or commercial space; or 2) 125 system as defined above, of 10,000 square feet square feet of plant canopy where located in a or more in area, where power generation is FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-25 Page 467 DEFINITIONS considered a principal use, which. Major solar Sounds, tonal. Sound waves usually perceived as a energy systems may take the form of either a hum or whine because their instantaneous sound building-integrated or roof-mounted solar array pressure varies essentially as a simple sinusoidal of any size, or a ground-mounted system function of time. occupying greater than 10,000 square feet of ground area. . Special Flood Hazard Area. See area of special flood hazard. Solar energy system, building-integrated. A solar energy system that is an integral part of a principal Special needs independent dwelling unit. A or accessory building and include, but are not dwelling unit developed and managed by a limited to, photovoltaic or hot water systems that nonprofit organization for habitation by persons are contained within roofing materials, windows, with special social, physical or mental needs beyond walls, skylights and awnings. strictly economic needs. Such persons shall be provided required levels of supervision, care and/or Solar energy system, ground-mounted. Also counseling services appropriate to their special known as free-standing solar energy systems, a solar needs, and the services shall be provided by either energy system that is structurally mounted to the the sponsoring nonprofit agency or through ground. The panels may be stationary or revolving another entity with which the agency has entered and of any size. into a contractual arrangement. Solar energy system, roof-mounted. A solar Sports complex. One or more facilities located on energy system in which solar panels are mounted the same parcel of land where athletic events are on top of the structure of a roof either as a flush- held and with a combined seating capacity of at mounted system or as modules fixed to frames least 6,000 seats. which can be tilted toward the south at an optimal angle. Specialty food service. A business that specializes in the sale of certain food products and/or the on- Solid waste disposal facility. A solid waste facility site production of items, such as a delicatessen, for the incineration or landfilling of solid waste or bakery, candy maker, meat market, catering refuse-derived fuel. Facilities that burn material- business, cheesemonger, coffee roaster, or separated, refuse-derived fuel, either alone or in fishmonger, and may offer areas for ancillary retail combination with fuels other than municipal solid sales or eating and drinking areas that serve the waste or refuse-derived fuels, are not solid waste products processed on-site. Specialty food service disposal facilities. includes preparation, processing, canning, or packaging of food products where all processing is Sounds, impulse. Sound events characterized by completely enclosed and there are no outside brief excursions of sound pressure, each with a impacts. Specialty food service does not include duration of less than 1 second. production of alcohol. 3-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 468 DEFINITIONS Stadium. A commercial structure with tiers of seats Street. A public way established by or maintained and/or viewing areas around and/or adjacent to a under public authority, or a way dedicated to the field, court, or stage, intended to be used for the use of the public and appearing on the official map viewing of athletic events, entertainment, concerts, of the city. and other public gathering purposes. Stadiums may be indoor or outdoor. Street, cul-de-sac or dead end. A street with only one outlet. Stockpiling. Any placement or creation of piles or loads of soil, loam, sand, gravel, rock, or other Street line. The line of demarcation between mineral deposits upon a site for the purpose of private property and a street. storage, warehousing, or reserving for future use. Street, cul-de-sac or dead end. A street with only Stormwater retention area. A pond or basin used one outlet. for the permanent storage of stormwater runoff. Structure. Anything temporarily or permanently Stormwater detention area. A storage area for the located, built, constructed, or erected of more than temporary storage of stormwater runoff which one member having a permanent or semi- does not contain water during non-storm permanent location on for the support, shelter, or conditions. enclosure of persons, animals, goods, or property of any kind or anything located, built, constructed, or Stream. A free‑flowing body of water from the erected on or in the ground or on another structure outlet of a great pond or the confluence of two or in or on the ground, including without limitation perennial streams as depicted on the most recent buildings, fences, gazebos, signs, antennas, . The edition, highest resolution version of a the national term includes decks and satellite sending or hydrography dataset available from the United receiving dishes, and swimming pools. Stockpiles. States Geological Survey 7.5‑minute series Structure does not include fences, poles and wiring topographicon the website of the United States and other aerial equipment normally associated Geological Survey or the national map, or if not with service drops, including guy wires and guy available, a 15‑minute series topographic map, to anchors or subsurface wastewater disposal systems. the point where the body of water stream becomes Inside the Shoreland Overlay Zone, patios and at- a river or flows towhere the stream meets the grade walkways shall be considered structures for Shoreland Zone of another water body or wetland the . within. When a stream meets the Shoreland Zone of a shoreland area, or any stream designated Structure (within Article 16). A human-made withinwater body or wetland and a Stream construction built for purposes of other than Protection Zonechannel forms downstream of the human shelter. It can be an engineering project water body or wetland as an outlet, that channel is large in scale, such as a bridge or tunnel. also a stream. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-27 Page 469 DEFINITIONS Structure, accessory. A structure on a lot that is Telecommunication tower. Radio masts or tower incidental and subordinate in area, extent, and/or structures built primarily to hold use to the principal structure on the lot. A lot may telecommunication antennas. have more than one accessory structure. Temporary contractor’s office and contractor’s Structure, nonconforming. A structure which yard. A short-term, portable, or modular structure does not meet applicable dimensional requirements utilized as a watchman's quarters, construction but which is allowed solely because it was in lawful office, or equipment shed during the construction existence at the time this Code or subsequent of a new development. This may include a amendments took effect. contractor's yard where materials and equipment are stored in conjunction with a construction Structure, principal. The main structure on a lot project. having the predominant area, extent, or use. A lot may have more than one principal structure. Temporary outdoor sales. Temporary uses, which may include temporary structures where goods are Studios for artists and craftspeople. A facility for sold, such as but not limited to arts and crafts fairs, the production of arts and crafts products such as flea markets, rummage sales, consignment auctions, paintings, sculpture, or other arts, or the practice of and holiday sales such as Christmas tree lots and arts such as music or dance, or the production of pumpkin sales lots. Temporary outdoor sales does custom, hand-crafted, or limited production of not include garage/yard sales, or outdoor sales products such as furniture, wood, clay, and metal related to a retail goods establishment where such products, publications, and similar low-impact arts goods are part of the establishment’s regular items and crafts activities. offered for purchase. Subdivider. Any individual, firm, association, Temporary outdoor storage container. syndicate, partnership, corporation, trust, or any Temporary self-storage containers, delivered to a other legal entity commencing proceedings under residence or business for the purpose of storing these regulations to effect a subdivision of land items, and subsequently picked up and stored at an hereunder for himself, herself, or for another. off-site location until scheduled for retrieval. Subdivision. As defined in 30 A M.R.S. § 4401 and Tenant. Any occupant in lawful possession of a 4402. rental unit, whether by lease, sublease, or otherwise. Tasting room. A facility for the sampling of beer, Theater or performance hall. Any establishment wine, spirits, other alcoholic or non-alcoholic devoted to showing motion pictures, or for beverages, or food. dramatic, musical, or live performances. 3-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 470 DEFINITIONS Tidal waters. All waters affected by tidal action component of the tree in a manner that will strike a during the highest annual tide. target. A normal range of environmental conditions does not include meteorological anomalies, such as, Transient guest. A person who occupies a facility but not limited to: hurricanes; hurricane-force offering accommodations on an overnight basis for winds; tornados; microbursts; or significant ice compensation and whose actual occupancy is storm events. Hazard trees also include those trees limited to no more than 15 days out of any 60‑day that pose a serious and imminent risk to bank period. stability. A target is the area where personal injury or property damage could occur if the tree or a Tree. A woody perennial plant with a well-defined portion of the tree fails. Targets include roads, trunk(s) at least two inches in diameter at four and driveways, parking areas, structures, campsites, and one half feet above the ground, with a more or less any other developed area where people frequently definite crown, and reaching a height of at least 10 gather and linger. feet at maturity. Tree, ornamental. Any tree, shrub, or other plant Tree, feature mature. A tree that meets at least grown primarily for decorative purposes and whose one of the following criteria: mature height can be expected to be between three A. Any tree that is on the Register of Big Trees feet and 25 feet. promulgated by the Maine Department of Agriculture, Conservation & Forestry (the “Big Tree, shade. Any tree, evergreen or deciduous, Tree List”) planted primarily for its high crown of foliage and B. Certain trees 24” in diameter or greater whose mature height can be expected to exceed 25 (diameter at breast height or DBH) as identified feet. by the City Arborist C. Ornamental trees 12” in diameter or greater Tree, storm-damaged. A tree that has been (diameter at breast height or DBH) as identified uprooted, blown down, is lying on the ground, or by the City Arborist that remains standing and is damaged beyond the D. Rare tree specimen to include either a tree point of recovery as the result of a storm event. species classified as rare or endangered at either the state or federal level, and/or stands Tree, street. Tree planted in the public right-of-way of native trees that are rare or threatened as and/or private roadway. identified by the City Arborist. Tributary stream. A channel between defined Tree, hazard. A tree with a structural defect, banks created by the action of surface water, which combination of defects, or disease resulting in a is characterized by the lack of terrestrial vegetation structural defect that under the normal range of or by the presence of a bed, devoid of topsoil, environmental conditions at the site exhibits a high containing waterborne deposits or exposed soil, probability of failure and loss of a major structural parent material or bedrock; and which is connected FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-29 Page 471 DEFINITIONS hydrologically with other water bodies. Tributary over and under four inches in diameter, measured stream does not include rills or gullies forming at four and one‑half feet above ground level. because of accelerated erosion in disturbed soils where the natural vegetation cover has been Vegetation, climate resilient northeast native. removed by human activity. Plants identified as native to the northeast as identified by the Northeast Regional Invasive Upland edge of a wetland. The boundary between Species & Climate Changes (RISCC) Network or a upland and wetland. For purposes of a coastal Maine licensed landscape architect. wetland, this boundary is the line formed by the landward limits of the salt tolerant vegetation Vegetation, native. Vegetation indigenous to local and/or the highest annualastronomical tide level, forests. including all areas affected by tidal action. For purposes of a freshwater wetland, the upland edge Vegetation, non-native invasive species. Species is formed where the soils are not saturated for a of vegetation listed by the Maine Department of duration sufficient to support wetland vegetation, Agriculture, Conservation, and Forestry as being or where the soils support the growth of wetland invasive in Maine ecosystems and not native to vegetation but such vegetation is dominated by Maine ecosystems. woody stems that are six meters (approximately 20 feet) tall or taller. Veterinary services. An establishment for the treatment of animals, where animals may be Use. The purpose for which land or structures boarded during their convalescence thereon is designed, arranged, or intended to be occupied, or for which it is occupied, maintained, Very low-income household. A household having rented, or leased. an income not exceeding 50% of median income for area of residence as set forth in regulations Use, nonconforming. Use of buildings, structures, promulgated from time to time by the United States or land which is not allowed in the zone in which it Department of Housing and Urban Development is situated, but which is allowed to remain solely pursuant to 42 U.S.C. section 1437 et seq. because it was in lawful existence at the time this Code or subsequent amendments took effect. Warehousing, storage, and distribution facility. The storage of goods, wares, and merchandise in a Utility substation. Any sewage or water pumping warehouse from which distribution occurs. May station, electric power substation, transformer include wholesale use, but not retail or direct sales station, telephone equipment enclosures, or other to consumers. Warehousing and distribution similar structures owned or operated by a utility. facilities do not include self-storage facilities. Vegetation. All live trees, shrubs, ground cover, and Watercourse. Any natural or artificial stream, river, other plants including, without limitation, trees both creek, ditch, channel, swale, canal, conduit, culvert, 3-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 472 DEFINITIONS drain, waterway, gully, ravine, or wash in which Very poorly drained soils and obligate wetland water flows in a definite direction or course, either vegetation shall be as defined and illustrated in the continuously or intermittently, or which has a United States Department of Interior, Fish and definite channel, bed, and banks, and includes any Wildlife Service publication of Wetland Plants of the area adjacent thereto subject to inundation by State of Maine (1986). reason of overflow or floodwater. Wind energy system. A wind energy generator Water‑dependent uses. Those uses that require, and all associated facilities. A system of for their primary purpose, location on submerged components that converts the kinetic energy of the lands or that require direct access to, or location in, wind into electrical or mechanical power. A wind coastal or inland waters and which cannot be energy system comprises all necessary components located away from these waters. Inside the including turbines, energy storage, power Shoreland Overlay zone, these uses include, but are conditioning, control systems, transmission systems not limited to, commercial and recreational fishing (where appropriate) and structural support systems and boating facilities, finfish and shellfish to provide electricity or mechanical power for processing, fish-related storage and retail and residential, commercial, industrial, utility, or wholesale fish marketing facilities, waterfront dock governmental use. Wind energy systems shall and port facilities, shipyards and boat building include the following: facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion A. Wind energy system, useful life. The period control purposes, industrial uses dependent upon for which theaccessory: A system has been water-borne transportation or requiring large designed by the manufactureras defined volumes of cooling or processing water that cannot above, where power generation is incidental to reasonably be located or operated at an inland site, operate in a safe manner, including the and uses that primarily provide general public period during which new partsprincipal use. access to coastal or inland waters. Recreational boat Accessory wind energy systems include roof- storage buildings are not considered to be a mounted systems, and refurbishment allow it functionally water-dependent use. to continue operating safelyground-mounted systems less than 45 feet in height. Wetlands (outside of shoreland zonesthe B. Wind energy system, minor: A system as Shoreland Overlay Zone). Those areas which have defined above, where power generation is two or more of the following: considered a principal use. Minor wind energy A. A water table at or near the surface during the systems are ground-mounted systems growing season; measuring between 45 feet and 85 feet in B. Very poorly drained soils, including Sebago height. mucky peat; or C. Wind energy system, major: A system as C. Obligate wetland vegetation. defined above, where power generation is considered a principal use. Major wind energy FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 3-31 Page 473 DEFINITIONS systems are ground-mounted systems measuring between 85 feet and 160 feet in height. Wholesale. Sale for resale, not for direct consumption. Workforce housing unit for rent. A dwelling unit for which: A. The rent is affordable to a household earning 80% or less than of AMI. B. The unit is rented to a household earning 80% or less of AMI. C. The requirements of (A) and (B) above are limited by deed restriction or other legally binding agreement for the applicable length of time in this ordinance. Workforce housing unit for sale. A dwelling unit for which: A. The purchase price is affordable to a household earning 80% or less of AMI. B. The unit is sold to a household earning 80% or less of AMI. C. The requirements of (A) and (B) above are limited by deed restriction or other legally binding agreement for the applicable length of time in this ordinance. 3-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 474 NONCONFORMING USES, STRUCTURES, & LOTS 4 NONCONFORMING USES, 4.2 NONCONFORMING USES STRUCTURES, & LOTS 4.2.1 Increase inExpansion of nonconforming use 4.1 CONTINUATION A. A structure whose use is wholly nonconforming 4.1 IN GENERAL use of a structure or land shall not be altered 4.1.1 Continuation so as to increaseexpanded or increased in Any building, structure, lotslot, or use, that was intensity. Expansion shall include any addition, legally existingexisted at the time of its creation and extension, or enlargement that increases the has been made nonconforming by the provisions of cubical content or the extent of this Land Use Code or any subsequent amendment nonconformity, except as provided for in (C), theretohereto may be continued although such below. building, structure, lot, or use does not conform B. A nonconforming use on premises outside of a with, subject to the provisions of this article, so long building shall not be extended or allowed to as it remains otherwise legal. occupy additional land area. No alterations, modifications, or additions shall be 4.1.2 Burden on property owner made so as to increase the cubical content or the The burden of establishing the legality of a degree of nonconforming use, nor shall any nonconformity under the provisions of this Land structure devoted entirely to a nonconforming use Use Code. is the responsibility of the property be extended, and any extension or relocation of a owner or operator of the nonconforming use, lot, nonconforming use to any other part of a structure, building, or structure. Based upon the evidence unlessportion of floor area, or land area currently presented, the Building Authority or their designee not occupied by such extensionnonconforming use. will make a determination of the validity of the This provision shall not apply in the case of nonconforming status. expansion of a nonconforming use is solely for the purpose of bringing the use into compliance with 4.1.3 Unlawful use, lot, building, or structure health or safety codes, or to correct a condition Any use lot, building, or structure established or which is determined by the Board of Appeals to constructed in violation prior to the effective date constitute a health or safety problem. In either case, of this Land Use Code shall not be regarded as theAny such expansion shall be limited to the lawfully nonconforming, and is not entitled to any minimum necessary to accomplish that purpose. rights established within this Section. Except as expressly provided herein, any alteration, modificationexpansion, extension, or 4.1.4 Safety regulations additionenlargement permitted under this All police power regulations enacted to promote subsection shall be in compliance with all other public health, safety, and welfare, including but not applicable sections of this Land Use Code. Nothing limited to all building, fire, and health codes, shall within this subsection shall be construed to permit apply to nonconforming uses, structures, and lots. an increase in the number of units in a building which is nonconforming as to the number of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-1 Page 475 NONCONFORMING USES, STRUCTURES, & LOTS dwelling units or will become nonconforming as a in a more restrictive residence zone. For the result of such alteration, modification, or addition. purpose of this subsection, an R-6 zone shall be deemed the least restrictive and an R-1 zone 4.2.2 Change of nonconforming use shall be deemed the most restrictive, with the A. A nonconforming use shall only be changed to intervening zones restricted in order of zone a use that is permitted in the zone in which the number. use is located. When a nonconforming use has been changed, in whole or in part, to a 4.2.3 Discontinuance of nonconforming use of permitted use, itthe whole or part that land conforms shall not thereafter be changed back AIf a lawfully nonconforming use of land where no to any non-permitted use. For purposes of this buildings or only incidental or accessory buildings subsection, a use shall be deemed to have been are employed together with such use shall not be so changed when an existing nonconforming changed to any other nonconforming use, and if use is terminated and a permitted use is such use is discontinued for a period of 90 days, it commenced and continued for a period of shall not be reestablished. seven days. nonconforming use. B. Any change of use in violation of this article 4.2.4 Discontinuance of use of property shall be deemed to be an abandonment of the If a legally nonconforming nonresidential use is lawfully existing nonconforming use. A lawful discontinued for a period of 12 months or if a legally nonconforming use shall not be changed to any nonconforming residential use is discontinued for a use other than a use permitted in the zone in period of 24 monthsone year, such discontinuance which the use is located or to any use other shall constitute an abandonment of the use and the than a nonconforming use of a more restricted property shall not thereafter be occupied or used zone, as set forth in the following schedule, except in conformity with the provisions of this provided that in no such case shall any article.Land Use Code. A nonconforming use of structural alterations be made in any building land which is incidental or accessory to sucha except those required by law, ordinance, or principal nonconforming use shall be considered as other regulations: being discontinued at the same time as the A. In a mixed-use zone, from any use permitted in nonconforming principal use of the structure. In an industrial zone to any use permitted in a cases of foreclosure or similar situations involving a mixed-use zone. legallylawfully nonconforming use, the B. In a B-1/B-1b zone, from any use permitted in a PlanningBuilding Authority shall be authorized to B-3 zone to any use permitted in a B-2 zone. extend the aforementioned period up to an C. In a residential zone, from any use permitted in additional five years provided that the extension is a B-2 zone to any use permitted in a B-1/B-1b for good cause and the minimum length considered zone. necessary to resume the legally nonconforming use D. In a residential zone, from any use permitted in of the structure. If the Planning Authority extends any other residential zone to any use permitted the period for resuming the nonconforming use, 4-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 476 NONCONFORMING USES, STRUCTURES, & LOTS any associated existing nonconformities of minimum lot area of 6,500 square feet structures and land shall also be extended. For unless the lot is served by both public buildings in the Shoreland Zone, state regulations sewer and public water, in which case the may also govern and provide for a shorter period of lot has a minimum area of 5,000 square time for nonconforming properties.lawfully feet. nonconforming use. F. A lot of record that has been held in common ownership with any adjoining lot(s) at any point 4.3 NONCONFORMING LOTS after the relevant date below shall be 4.3.1 Lots of record considered a buildable lot only if: 1) none of the 4.3.1 A lot of record that has been held in lot(s) are in the Shoreland Zone; 2) any existing separate ownership structure meets, or will be modified to meet, E. A vacant nonconforming lot held under the applicable setback dimensions; and 3) it separate and distinct ownership from adjoining meets the following minimum standards: lots as of the relevant date below shall be 1. A lot of record as of June 5, 1957 may be considered a buildable lot if it meets the considered a buildable lot in the R-1, R-2, R- following minimum standards: 3, R-4, R-5, R-5A, or R-6 zones provided 1. A lot of record as of June 5, 1957 may be that: a) the applicable setback dimensions considered a buildable lot in the R-1, R-2, R-3, R-4, R- can be met; b) the lot has a minimum 5, R-5a, or R-6 zones provided that: a) the applicable street frontage of 40 feet or the applicable setback dimensions can be met; b) the lot has a all street frontage of the zone, whichever is provisions of this Land Use Code except minimum less; and c) the lot has a minimum lot size lot area and minimum street frontage of 40 feet or of 5,000 square feet or the applicable the applicable street frontage of the zone, minimum lot size of the zone, whichever is whichever is less; and c) the lot has a minimum lot less. size of 5,000 square feet or the applicable minimum 2. A lot of record as of June 5, 1984 may be lot size of the zone, whichever is lesscan be met. considered a buildable lot in the R-1, R-2, R- 2. A lot of record as of June 5, 1984 may be 3, R-4, R-5, R-5A, or R-6 zones provided that considered a buildable lot in the R-1, R-2, R- the applicable setback dimensions can be 3, R-4, R-5, R-5a, or R-6 zones provided that met. the applicable setback dimensions can be 3. So long as the setbacks are met, any met. nonconformities of structures and 3. A lot of record as of July 15, 1985 may be buildings, existing prior to June 5, 1957, on considered a buildable lot in the IR-1 and developed lots of record shall be IR-2 zones, provided that the applicable considered lawfully existing setback dimensions can be met and nonconformities. provided further that a lot in the IR-1 zone has a minimum lot area of 10,000 square feet and a lot in the IR-2 zone has a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-3 Page 477 NONCONFORMING USES, STRUCTURES, & LOTS 4.3.2 Lots in common ownership initial damage where such damage is sudden Adjoining nonconforming lots in common and accidental, or, in the case of decay, of the ownership as of [effective date] shall be considered demolition of the structure or commencement as one lot and shall not again be divided except in of restoration or reconstruction, and is conformance with the provisions of this Land Use diligently pursued to completion without Code. expiration of permits. For buildings in the Shoreland 4.4 NONCONFORMING D. In cases of foreclosure or similar situations BUILDINGS/STRUCTURES involving a lawfully nonconforming structure, 4.4.1. Restoration or reconstruction the Building Authority shall be authorized to G. A lawful nonconforming nonresidential extend the aforementioned period up to an structure may be maintained, repaired, or additional five years provided that the reconstructed in kind within a one-year period extension is for good cause and the minimum or within a two-year period for a lawful length considered necessary to maintain, nonconforming residential structure, but no repair, or reconstruct the lawfully alterations, modifications, or additions shall be nonconforming structure. made to it, except as provided in Subsections 6.E. Where a structure is located within the Coastal 4.4.2 and 4.4.3. Flood Resilience Overlay Zone, state regulations A nonconforming structure damaged by fire, may also govern and provide for a shorter explosion, flood, riot, act of the public enemy, period for restoration or reconstruction of accident of any kind, decay, or otherwise may be nonconforming structures. such structure may maintained, repaired, reconstructed, restored or be restored or reconstructed, but must meet rebuilt only where: the standards of the CFROZ. This provision 4.A. The restoration or reconstruction is of a shall not apply to pump stations. buildingstructure which is lawfully 7. Restoration or reconstruction necessitated nonconforming only as to lot area, setbacks, or by decay must be commenced within one any other dimensional requirements. year of the demolition of the building and 5.B. Where theThe restoration or reconstruction diligently pursued to completion without will occur entirely within the existing footprint expiration of permits. and previous shell of the building and where no 8. Any reconstruction, under this provision, in alterations, modifications, or additions will be the R-6 zone on a lot with 10,000 square made except as provided in this article and as feet or less, other than the exact permitted in Subsectionsthis subsection and restoration of a previously existing building Subsection 4.4.2 and 4.4.3. on the site, shall comply with the C. Restoration or reconstruction is commenced applicable standards contained within the within one year for a nonconforming City of Portland Design Manual. nonresidential structure, or two years for a nonconforming residential structure, of the 4-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 478 NONCONFORMING USES, STRUCTURES, & LOTS 4.4.2. Alteration or modification extensions lot, use, or structure, except as provided in A. Alteration or modificationAlterations. (D3) and (4) below. Alterations may be made to a buildingstructure J.2. No modification to an existing which is lawfully nonconforming as to any nonconforming buildingstructure shall dimensional requirement where the proposed create new noncompliancenonconformity changes in existing exterior walls and/or roofs with any provision of this Land Use Code. would be within the space occupied by the K. Existing buildings that are lawfully existing shell of the building, and wouldonly nonconforming as to required minimum where at least one of the following apply: setbacks may be vertically or horizontally 1. The alteration is required by law or is expanded provided that the area of expansion necessary to restore the structure to a meets all current dimensional requirements, safe condition upon the order of any except as provided in (D) below. official charged with the protection of L.3. A vertical expansion above a portion ofA public safety. one-time increase of one additional story 2. The alteration will eliminate the above a building that is lawfully nonconformity. nonconforming as to minimum setbacks 3. The alteration will not create any new may be permitted a one-time increase of nonconformity norand will not increase one additional story provided that: the degree of any existing nonconformity, 9.a. No portion of the expansion except as provided elsewhere in this article horizontally extends beyond the and as permitted under Subsection 4.4.3. nonconforming portion of the first This subsection shall not apply to buildings story of the structure. located within the Shoreland Zone and 10.b. Any portion of a vertical existing on June 15, 1992, which are expansion above the permitted one nonconforming only as to setbacks from additional story shall meet the wetlands, tributary streams, or other water required minimum setback. bodies, which shall be regulated in accordance with Subsection 4.4.5.. 4.4.5. Enclosure of porches in required setbacks c. The vertical expansion meets 4.4.4. Building extensions applicable maximum height B. Extensions. Existing principal requirements. buildingsstructures which are lawfully 4. Any opencovered porch existing with a nonconforming as to dimensional requirements roof over the same on June 5, 1957, and may be enlarged or extended subject to the encroaching upon any which does not following provisions: meet minimum setback required by this I.1. No modification to an existing chapterrequirements may be enclosed if, nonconforming buildingstructure shall provided that the major portionmajority of increase any existing nonconformity of a the enclosure isconsists of glass. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-5 Page 479 NONCONFORMING USES, STRUCTURES, & LOTS O. A nonconforming structure may be relocated 4.4.6. Expansions in the Shoreland Zone within the boundaries of the parcel on which A nonconforming structure may be added to or the structure is located, provided that the site expanded if such addition or expansion does not of the relocation conforms to all setback increase the nonconformity of the structure and is requirements to the greatest practical extent as in accordance with the following provisions: determined by the Building Authority, and M. After January 1, 1989, if any portion of a provided that the applicant demonstrates that structure is less than the required setback from the present subsurface sewage disposal system the normal high water line of a water body or meets the requirements of state law, the State tributary stream or the upland edge of a of Maine Subsurface Wastewater Disposal wetland that portion of the structure shall not Rules, or that a new system can be installed in be expanded, as measured in floor area or compliance with state law, such rules, and all volume, by 30% or more, during the lifetime of applicable chapters of the City of Portland the structure. If a replacement structure Code of Ordinances. In no event shall a conforms with the requirements of this structure be relocated in a manner that causes subsection, and is less than the required the structure to be more nonconforming. In setback from a water body, tributary stream, or determining whether the building relocation wetland, the replacement structure may not be meets the setback requirements to the greatest expanded if the original structure existing on practical extent, the Building Authority shall January 1, 1989 had been expanded by 30% in consider the size of the lot, the slope of the floor area and volume since that date. land, the potential for soil erosion, the location N. Whenever a new, enlarged, or replacement of other structures on the property and on foundation is constructed under a adjacent properties, the location of septic nonconforming structure, the structure and system and other on site soils suitable for new foundation must be placed such that the septic systems, and the type and amount of setback requirement is met to the greatest vegetation to be removed to accomplish the practical extent as determined by Building relocation. When it is necessary to remove Authority, basing its decision the criteria vegetation within the water or wetland setback specified in (C) below. If the completed are in order to relocate a structure, the foundation does not extend beyond the Building Authority shall require replanting of exterior dimensions of the structure, except for native vegetation to compensate for the expansion in conformity with (A) above, and destroyed vegetation. In addition, the area the foundation does not cause the structure to from which the relocated structure was be elevated by more than three additional feet removed must be replanted with vegetation. as measured from the uphill side of the Replanting shall be required as follows: structure (from original ground level to the 11. Trees removed in order to relocate a bottom of the first floor sill), it shall not be structure must be replanted with at least considered to be an expansion of the structure. one native tree, three feet in height, for 4-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 480 NONCONFORMING USES, STRUCTURES, & LOTS every tree removed. If more than five 4.4.3. Nonconformity as to required build-to trees are planted, no one species of tree zone and building length shall make up more than 50% of the As of the effective date of this Land Use Code, when number of trees planted. Replaced trees an existing structure does not conform to the must be planted no further from the water required build-to zone, build-to percentage, or wetland than the trees that were maximum building length, or building length as a removed. percentage of street frontage for the applicable 12. Other woody and herbaceous vegetation zone, the structure shall be deemed exempt from and ground cover that are removed or that standard. Such structure may be altered or destroyed in order to relocate a structure expanded without having to conform to the must be re-established within the setback applicable standard(s) until the structure’s building area. The vegetation and/or ground cover footprint is expanded by 50% or more. If expansions must consist of similar native vegetation to the structure occur incrementally, building and/or ground cover that was disturbed, footprint shall be calculated as the sum of all destroyed or removed. expansions occurring after the effective date of this 13. Where feasible, when a structure is Land Use Code. Once the existing structure is relocated on a parcel the original location demolished, this deemed conforming status shall of the structure shall be replanted with become null and void. vegetation which may consist of grasses, shrubs, trees, or a combination thereof. 4.4.64.4.4. Nonconformity as to number of C. Buildings in existence on January 1, 1989, and dwelling units located in the Shoreland Zone may be Q.A. Purpose. The purpose of this provision is expanded once during the lifetime of the to establish a process whereby certain structure up to 25 feet toward a freshwater dwellings which contain more dwelling units wetland or tributary stream, provided that a than the number permitted by the applicable minimum setback of 40 feet is maintained and provisions of the Land Use Code may be that the existing floor area or volume is not recognized as legal, nonconforming uses. increased by more than 30%, and shall not R.B. Application. Application for validation of such create any undue environmental impact or nonconforming dwelling units shall be on a flood-prone condition.Relocation. A form provided by the Building Authority, and nonconforming structure shall not be willshall be accompanied by: relocated, in whole or in part, to any other 1. An application fee as established by the location on the same lot unless relocation City Council to cover administrative costs. would make the structure more conforming. A 2. A plan, drawn to scale, which shows the nonconforming structure may be relocated to location of the building(s) on the lot, another lot only if the structure conforms to all parking, easements, dumpsters, fencing, regulations of the zone to which it is relocated. public ways, and any other significant feature. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-7 Page 481 NONCONFORMING USES, STRUCTURES, & LOTS 3. A floor plan for each unit in the dwelling, the R-3, R-4, R-5/R-5a, R-6/R-6a, R-7, B-1/B-1b, whether or not it is the subject of the B-2/B-2b/B-2c, or IS-FBC zones. application. 5. In the absence of legally competent S.C. Eligibility. In order for a nonconforming evidence, supported by records (such as, dwelling unit to be validated by administrative but not limited to, Assessor’s records, action of the Building Authority as authorized purchase and sale agreements, affidavits, herein, the Building Authority must find, based deeds, mortgages, as well as reliable on competent evidence, supported by public secondary sources), that the conditions of records, that: (C)(1), (2), (3), (4), or (5) above can be met, 4.1. The nonconforming dwelling units were the Building Authority may not approve either in existence on April 1, 2005, or the the application, but shall advise the structure in which they are located was applicant that the matter may be appealed originally designed to accommodate more to the Board of Appeals. than the number of such units presently in T.D. Notice to abutters. Upon receipt of a use. completed application, the Building Authority 5.2. The applicant neither constructed nor willshall provide the owners of abutting established the nonconforming dwelling properties and the owners of property situated units. within 300 feet of the structure notice of the 6.3. The nonconforming dwelling units comply application, along with a notice that they may with or can be made to comply with object to the Building Authority’s acting on the current standards of Chapter 10 of the City application and require the applicant to appeal of Portland Code of Ordinances, including to the Board of Appeals. The notice shall the National Fire Protection Association advise the abutters and owners of property Life Safety Code and the National Fire within 300 feet that any objection must be Protection Association 1: Fire Prevention submitted in writing to the Building Authority Code, as amended. within 10 days of the date of the notice sent to 7.4. Each of the nonconforming dwelling units them. The failure of any property owner to complies with, or can be made to comply receive the notice described above shall not with, provisions of the Chapter 6 of the invalidate any action by the Building Authority. City of Portland Code of Ordinances, as The Building Authority shall promptly notify the amended, including, but not limited to, the applicant of receipt of the objection, that the minimum standards for space and Building Authority is without authority to occupancy, the minimum plumbing proceed, and advise the applicant that, within standards, and the minimum ventilation 30 days from receipt of the letter, an standards. application may be filed to have the matter 8. The structure containing the reviewed by the Board of Appeals as a nonconforming dwelling units is located in conditional use. 4-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 482 NONCONFORMING USES, STRUCTURES, & LOTS U.E. Approval of application. The Building Y.I. Exclusions. The provisions of this subsection Authority may approve the application, shall not apply to rooming units, but shall apply provided that the evidence presented satisfies to efficiency apartments under Chapter 6 of all of the requirements of this subsection and the City of Portland Code of Ordinances. The provided that no abutter nor person entitled to Board of Appeals is without jurisdiction to notice has requested that the application be grant any relief (including, but not limited to, referred to the Board of Appeals, instead of the variances) which would recognize the particular Building Authority. Upon approval of the dwelling units which are the subject of this application, final inspection by the Building subsection as legal, nonconforming uses, Authority certifying the units as in compliance except in strict compliance with each with all applicable codes, and receipt of an requirement of this subsection. inspection fee as established by the City Z.J. Prior judicial and administrative action. Council for each nonconforming dwelling unit Decisions of any court or administrative body, which has been recognized as a lawful, including but not limited to, the Building nonconforming use, the Building Authority Authority, the Planning Board, or the Board of willshall issue a certificate of occupancy. Appeals, made prior to the effective date of this V.F. Disapproval of application. In the event the subsection and which addressed the number of application is not approved by the Building nonconforming dwelling units in a particular Authority or in the event of a timely objection structure, will not bar relief under this filed by a person qualified herein to file such an subsection. objection, the applicant, within 30 days from the decision of the Building Authority or objection, may appeal the matter to the Board of Appeals as a conditional use. W.G. Action by Board of Appeals. The Board of Appeals shall treat applications filed under this subsection as an application for a conditional use, applying the standards applicable to conditional uses under Section 6.5 as well as the requirements of this subsection. X.H. Dimensional and parking requirements. In making decisions under this subsection, neither the Building Authority nor the Board of Appeals shall apply the dimensional or parking requirements which would otherwise apply in the zones where the nonconforming dwelling units are situated. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 4-9 Page 483 ZONES TABLE 5-A: ZONES 5 ZONES Residential RRN-1, RRN-2, RRN-3, RRN-4, RRN-5, R-5a, Neighborhood RRN-6, R-6a 5.1 ESTABLISHMENT OF ZONES Island IR-1, IR-2, IR-3 In order toTo carry out the provisions of this Land I-B Island Business Use Code, the City of Portland shall be divided into Mixed-Use the zones in Table 5-A. B-1, B-1b Neighborhood Business B-2, B-2b, and B-2c2b Community Business 5.2 ZONING MAP B-3, B-3b, and B-3c Downtown Business 5.2.1 Zoning map adopted The zones in Table 5-A areshall be shown upon a B-4 Commercial Corridor map filed in the Department of Planning and Urban B-5 and B-5b Urban Commercial Development. Such zoning map, with amendments, B-6 Eastern Waterfront is hereby adopted as the official zoning map of the B-7 Mixed Development Transit- City of Portland and as part of this Land Use Code. TOD-1 Transit Neighborhood Oriented TOD-2 Transit Center 5.2.2 Zone boundaries when uncertain Office O-P Office Park Where uncertainty exists with respect to the R-P RESIDENCE PROFESSIONAL boundaries of the various zones, as shown on the Industrial I-L and I-Lb Low-Impact Industrial & Airport zoning map, the following rules shall apply: I-M, I-Ma, and I-Mb Moderate -Impact A. Unless otherwise indicated, zone boundary Industrial lines arecorrespond to lot lines. Zones shall be I-H and I-Hb High -Impact Industrial interpreted to extend to the center lines of A-B Airport Business streets, alleys, parkways, waterways, or rights- Open Space R-OS-R Recreation and Open Space of-way of public utilities and railroads or such OS-P Open Space Preservation lines extended. Waterfront B. Unless otherwise shown, lines within blocks less EWPZ Eastern Waterfront Port than 200 feet wide are median lines between WCZ Waterfront Central their sides, and lines within blocks 200 feet or WPDZ Waterfront Port Development more wide are 100 feet distant from the less Overlay Compact Urban Residential (R-7) Zones restricted side of the block. Downtown EntertainmentCoastal Flood C.B. The depictionsDepiction of the Shoreland Zone Resilience Overlay and Stream ProtectionOverlay Zone on the Fort Sumner Park Height Overlay zoning map areis illustrative of the general Helistop Overlay location of such zoneszone. The actual Institutional Overlay (IOZ) boundaries of these zones shall be determined Island Transfer Station Overlay by measurement of the distance indicated on Pedestrian Activities District Overlay the map and in this Land Use Code from the Stream Protection Overlay normal high-water line of the water body or the University of Southern Maine Overlay Waynflete School Overlay Form-Based IS-FBC India Street Form-Based Code FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-1 Other Shoreland Overlay Floodplain Management Page 484 RPZ Resource Protection ZONES upland edge of wetlands. Where such conditions or restrictions in order to ensure that measurement is not the same as the location of the rezoning is consistent with the City's the boundary of the zoning Comprehensive Plan. Conditional or contract zoning map, the measurement shall control, unless the zoning map indicates that the zone boundary shall follow an existing property line. shall be limited to where a rezoning is requested by the owner of the property to be rezoned. The 5.2.3 EXTENSION OF ZONE LINES conditional or contract zoning must be consistent Where a zone boundary line divides a lot in single or with the Comprehensive Plan, and rezoned areas joint ownership of record at the time such line is must be consistent with the existing and permitted established, the use provisions of this Land Use uses within the original zone. Nothing in this Code for the less restricted portion of such lot shall section shall authorize either an agreement to extend not more than 30 feet into the more change or retain a zone or a rezoning which is restricted portion, provided that the lot has at least inconsistent with the City's Comprehensive Plan. 20 feet of street frontage in the less restrictive zone when taken together with adjacent premises which 5.3.2 In the I-H zone are under the same or equivalent ownership or A conditional or contract rezoning shall only be control. If such boundary line divides a business or approved in the I-H or I-Hb zones if, after public industrial zone from a residential zone, no frontage hearing and opportunity for public comment, the on a street other than the principal business street reviewing body finds that the applicant has carried in the less restrictive zone may be taken into the burden of proof to show that the proposed consideration in connection with the right herein development meets the following standards: granted. This subsection shall notonly apply with A. The proposed development is consistent with respect to differing dimensional requirements, the Comprehensive Plan. including height, within a zoning districtuse B. The proposed development is consistent with provisions. the purposes of the underlying zone. C. The proposed development is designed and 5.3 CONDITIONAL OR CONTRACT ZONING operated so that it will prevent undue adverse 5.3.1 Authority and purpose environmental impacts, substantial diminution Pursuant to 30-A M.R.S.§ 4352(8), conditional or of the value or utility of neighboring structures, contract zoning is hereby authorized for rezoning of or significant hazards to the health or safety of property where, for reasons such as the unusual neighboring residents by controlling noise nature or unique location of the development levels, emissions, traffic, lighting, odors, and any proposed, the City Council finds it necessary or other potential negative impacts of the appropriate to impose, by agreement with the proposal. property owner or otherwise, certain D. All plans must include complete information of processes, materials, or methods of storage to 5-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 485 ZONES be used by the development and shall specify or conditional rezoning agreement otherwise shall how hazardous impacts to neighboring be governed by and comply with the provisions of properties will be prevented. the Land Use Code of the City of Portland and any applicable amendments thereto or replacement 5.3.35.3.2 Hearing thereof. The Planning Board shall conduct a public hearing in accordance with Section 2.1.8 prior to any property 5.3.65.3.5 Enforcement being rezoned under this section. Notwithstanding language in any contract or conditional zoning to the contrary, any violation of a 5.3.45.3.3 Conditions and restrictions conditional or contract zone shall be enforced Conditions and restrictions imposed under the pursuant to 30-A M.R.S. § 4452, as may be amended authority of this section shall relate only to the from time to time, or in any other manner available physical development and operation of the property by law. No alleged violation of a contract or and may include, by way of example: conditional rezoning may be prosecuted until the A. Limitations on the number and types of uses City has delivered written notice of the alleged permitted. violation(s) to the owner or operator of the B. Restrictions on the scale and density of property that is subject to the contract or development. conditional rezoning and given the owner or C. Specifications for the design and layout of operator an opportunity to cure the violation(s) buildings and other improvements. within 30 days of receipt of the notice. In addition, D. Schedules for commencement and completion if such an enforcement action should result in a of construction. finding that the terms of the conditional or contract E. Performance guarantees securing completion zone have been violated, then the City may act to and maintenance of improvements, and modify or rescind the conditional or contract zone guarantees against defects. and to rezone the property. F. Preservation of open space and buffers, and protection of natural areas and historic sites. 5.4 BASE ZONE PURPOSE STATEMENTS G. Contributions toward the provision of Base zone purpose statements shall be as municipal services required by the established in Tables 5-B to 5-GH. development. H. Provisions for enforcement and remedies for breach of any condition or restriction. 5.3.55.3.4 Amendments Except as expressly modified in any contract or conditional rezoning agreement, the use and occupancy of any property within the City of Portland used or occupied pursuant to a contract FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-3 Page 486ZONES TABLE 5-B: Residential zone purpose statementsRESIDENTIAL NEIGHBORHOOD ZONE PURPOSE STATEMENTS R-1 To provide for lower density residential development characterized by single-family homes on individual lots in outlying areas of the city and along traffic corridors with limited additional traffic capacity. R-2 To provide for low-density residential development characterized by single-family homes on individual lots in outlying areas of the city and along traffic corridors with limited additional traffic capacity. R-3RN-1 To provide for medium-densitya residential developmentneighborhood environment predominantly characterized by single-family homesdwellings on individual lots of at least 6,500 square feet. Conversion of existing nonresidential structures to multi-family dwellings is permitted within the RN-1 zone, subject to standards encouraging compatibility and also to provide for plannedcontext sensitivity to ensure the stability of established residential unit developments on substantially sized parcels. neighborhoods. Select nonresidential uses may also be permitted in the RN-1 zone. R-4RN-2 To preserveprovide for a residential neighborhood environment that acknowledges the unique character of the Western Promenade areawhile accommodating dwellings on lots of the city by controlling residential conversions and by allowing the continued mixat least 6,000 square feet. Construction of single-family, two-family, and low- risenew multi-family dwellings and other compatible development at mediumat moderate densities. is allowed, as-is conversion of existing structures to multi-family dwellings, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established residential neighborhoods. Select nonresidential uses may also be permitted in the RN-2 zone. R-5RN-3 To provide appropriate areas of the city for medium-densitya residential developmentneighborhood environment predominantly characterized by single-family, two-family and low-intensity multifamily dwellings on individual lots; of at least 5,000 square feet. Conversion of existing nonresidential structures to multi-family dwellings is permitted within the RN-3 zone, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established medium-density residential neighborhoods by controlling residential conversions; and to provide for planned residential unit development on substantially-sized parcels. . Select nonresidential uses may also be permitted in the RN-3 zone. R-5aRN- To provide for moderate-density residential development in off-peninsula locations that can provide a unique 4 residential living experience with a high degree of natural site amenities; and to provide areas of the city in the general proximity of the peninsula that have the capability for adequate municipal services, including traffic corridors with adequate traffic capacity, that can appropriately accommodate a more intensive use of land than other lower- density zoned land and be compatible with surrounding neighborhoods; and to increase affordable housing opportunities in off-peninsula locations by providing a moderate-density zone.To provide areas of the city, on the peninsula and in select off-peninsula locations in alignment with major public transportation routes and near service areas, for a residential neighborhood environment of dwellings on lots of at least 2,000 square feet. Townhouse and multi-family dwellings are also permitted, subject to standards encouraging compatibility and context sensitivity to ensure the stability of established residential neighborhoods. Select nonresidential uses may also be permitted in the RN-4 zone. R-6RN-5 To set aside accommodate existing areas onof the peninsula for housingcity characterized primarily by a residential neighborhood environment of multi-family dwellings at arelatively high density providing, exhibiting a wide range of housing for differing types of households; to conserve the existing housing stockpattern of larger lots and residential character of neighborhoods by controlling the scale and external impacts of professional offices and othersetbacks, as well as generally taller building heights. Select nonresidential uses; and to encourage new housing development 5-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 487 ZONES consistent with the compact lot development pattern typically found on the peninsula. may also be permitted in the RN-5 zone. R-6aRN- To encourage neighborhood livability with higher density multi-family housing on large parcels located off the 6 peninsula along major public transportation routes, near service areas, and in redevelopment (underutilized) or infill areas. To provide areas of the city, predominantly on the peninsula, for a dense residential neighborhood environment of townhouse and multi-family dwellings. Select nonresidential uses may also be permitted in the RN-6 zone. TABLE 5-C: ISLAND zone purpose statementsZONE PURPOSE STATEMENTS IR-1 To provide for a low-intensity environment characterized by residential, recreational, and rural uses in the less developed areas of theon Portland’s islands in order. Standards for the IR-1 zone are intended to preserve and protect the rustic character of the islands, to protect groundwater resources and natural and scenic areas, and to permit only appropriate low-intensity development in areas lacking adequate public facilities and services. Select nonresidential uses may also be permitted in the IR-1 zone. IR-2 To protect the character of existing developedprovide for a residential neighborhoodsneighborhood environment on thePortland’s islands and to allow infill where there arein areas with adequate public services. Expansion or extension of an existing IR-2 zonezoning should be strictly limited, generally focused toward areas adjacent to existing village IR-2 areas, and restricted by such factors as adequacy of access, whether adequate water will be available for private use and for fire protection, and whether soils in the area are adequate for subsurface water disposal, or whether public sewers are available. Select nonresidential uses may also be permitted in the IR-2 rezoning on substantially sized parcels should not be considered for those sites that should be more appropriately zoned otherwise.zone. IR-3 To allow for a planned unit development in a manner compatible with both the natural and built environment, which provides for adequate circulation and waterfront access, adequate water supply for private use and fire protection, and safe and clean disposal of solid and septic wastes. The following guidelines shall be considered, among others, in establishing an IR-3 zone: A. An IR-3 zone should have a minimum land area of 20 acres. B. A site for an IR-3 zone should be able to accommodate higher density development by providing buffers from surrounding areas on a substantially-sized parcel for which natural amenities are capable of being conserved in a development plan for the site. C. IR-3 zones should not be established unless issues of municipal services, including infrastructure, education, and police and fire services and other municipal services can be appropriately and adequately addressed. D. The differences in scale and intensity of uses between existing development and the IR-3 zone, and the cumulative impact on the overall density of the island, should be mitigated by appropriate open space and buffer areas. E. The development plan should have the capability of meeting the development review standards of the zone. I-B To provide limited areas on Portland’s islands for the development of a mixture of residential, retail, and service establishments that primarily serve the needs of the local island market area. The I-B zone provides for a mixture of commercial and service uses, closely integrated with – and complimentary to – the surrounding residential neighborhood fabric to support the concept of a complete neighborhood. Standards for the I-B zone may vary by location, dependent upon the availability of public water and sewer resources. To provide limited areas on the islands for retail and service establishments that primarily serve the needs of the local island market area. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-5 Page 488ZONES TABLE 5-D: Mixed-Use zone purpose statementsMIXED-USE ZONE PURPOSE STATEMENTS B-1 To provide limited areas for the location of that support a small- scale , pedestrian-friendly, mixed-use environment, allowing residents access to daily shopping and service needs within walking distance of nearby established residential neighborhoods. The B-1 zone provides for a mixture of commercial establishments intended to serve a local market. Uses that are and service uses, closely integrated with – and complimentary, quiet, and generally do not disturb the comfort and enjoyment of the adjoining to – the surrounding residential neighborhood environment are encouraged, and should be designed for the pedestrian scale and to provide convenient access for nearby residents and workers to walk in to purchase goods and services. Buildings and uses shall be designed with attractive storefronts or similar features, with windows and doors convenient to a public sidewalk. This zone fabric to support the concept of a complete neighborhood. The zone encourages both vertical and horizontal mixed-use buildings, such as a commercial first floor with residential uses above or, combined retail/office uses in a multi-story structure. The zone also provides the opportunity for high residential density. (vertical), or commercial uses mixed with three-family, four-family, townhouse, and multi-family structures across the face of a block (horizontal). Suitable locations for this zone may include street intersections and arterial streets with existing or proposed traditional neighborhood retail and service uses. B-1b To provide appropriate opportunities for the establishment of small-scale ground floor commercial uses to serve a local market, while supporting mixed-use buildings with residential uses above ground floor commercial space and on the ground floor where the principal street frontage is maintained for active commercial uses. The zone also provides the opportunity for mixed use and high residential density. Suitable locations for this zone may include street intersections, arterial streets, and sites with existing or traditional neighborhood retail and service uses. 5-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 489 ZONES TABLE 5-D: Mixed-Use zone purpose statementsMIXED-USE ZONE PURPOSE STATEMENTS B-2 To provide appropriate locations for the development and operation of community centers offering a mixture of commercial uses, housing,, service, and residential uses in a comfortable pedestrian environment that is easily accessible and services serving the adjoiningwell-connected to surrounding neighborhoods and the larger community. The variety, sites, and intensity. Such a mixture may serve the daily needs of nearby residents within walking distance, as well as surrounding neighborhoods via multiple modes of the permitted commercial uses in the B-2 zone are intended to be greater than those permitted in the B-1/B-1b zones. transportation. The zone provides a broad range of goods and services with a mixture of large and small buildings, such as grocery stores, shops and services located in major shopping centers and along arterial streets. Such establishments should be readily accessible by automobile, by pedestrians The B-2 zone’s multi- modal orientation accommodates all modes of transportation, and by bicycle. Development in the B-2 standards of the zone shouldrequire that development relate to the surrounding neighborhoods by design, orientation, and circulation patterns. The zone should provideencourages mixed-use development, and provides locations for moderate to high-density housing, including three-family, four-family, townhouse, and multi-family structures in urban neighborhoods along arterials. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-7 Page 490 ZONES B-3c In addition to the purpose of the B-3 and B-3b zone, to promote the safety, quiet enjoyment, and general welfare of citizens residing in a dense urban neighborhood by decreasing the conflicts between residential uses and loud late-night activities. The B-3c zone recognizes that the business uses appropriate in this zone are constrained by the proximity of multi-unit elderly housing. B-2b To provide neighborhood and community retail, business and service establishments that are oriented to and built close to the street. The B-2b zone is appropriatesuitable in areas where a more compact urban development pattern exists or where a neighborhood-compatible commercial district is established which exhibits a pedestrian scale and character. Such locations may include the peninsula and other arterials and intersections with an existing urban or neighborhood-oriented building pattern. The B-2b should providezone encourages mixed-use development, and provides locations for moderate to high-density housing in urban neighborhoods along arterials. B-3 & B- To maintain and enhance the role of the downtown as the business and commercial center of the region;, and 3b to enhance and promote the orderly expansion of retail and service businesses downtown, satisfying the related needs of the city’s resident, working, and visitor populations; to encourage. The B-3 zone encourages increased housing opportunityopportunities downtown for a, including three-family, four-family, townhouse, and multi-family structures to accommodate Portland’s diverse residential population; to enhance the, and supports an active, walkable pedestrian environment through the encouragement of intensive mixed-use activities, through the enhancement and maintenance of public and private open space, and through the enlivenment and increased attractiveness of the street environment; to encourage. Standards of the B-3 zone require excellence in urban design;, to preserve and capitalize on the unique character and historic fabric of the downtown through the encouragement ofPortland by encouraging reuse of significant existing structures; to provide opportunity and providing opportunities for an enhanced presence and integration of the arts and cultural activities; to reinforce. The zone reinforces the role of the downtown as a meeting place for community residents and visitors alike from all walks of life and all socio- economic groups; to provide adequate parking and transportation facilities which promote accessibility, enhance and encourage development opportunity, and enhance and protect the pedestrian environment; In the Pedestrian Activities District (PAD) Overlay Zone, to create continuity of pedestrian-oriented uses along streets where such uses predominate and along streets which, over time, will establish and maintain a strong retail and pedestrian- oriented use pattern; and to provide for the relocation of residents who are displaced by development. by prioritizing access via multiple modes of transportation and enhancing and protecting the pedestrian environment. 5-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 491 ZONES B-4 To provide appropriate locations in the city for the development and operation of businesses serving catering primarily to highway-oriented trade along major arterials (uses which have market areas which are primarily dependent on the regional highway network or serve a regional or larger market), to provide locations for large-scale commercial uses that require larger land areas to accommodate their operations, and to support moderate to high- density housing including three-family, four-family, townhouse, and multi-family structures. Standards of the B-4 zone acknowledge the need to maintain automobile access while encouraging improvement of the pedestrian environment and accommodating alternative modes of transportation.as well as to provide appropriate locations for large-scale commercial uses that require larger land areas to accommodate their operations. B-5 To provide areas on or proximate to the waterfront, downtown, and the peninsula near the downtown where a mixture of uses, including marine, industrial, commercial, and a broad range of residential options, is encouraged. The B- 5 and B-5b zones areis characterized by larger underdeveloped lots with great potential for denser, clustered, urban mixed-use development and more efficient reuse of existing land and buildings. It is anticipated that the dense, mixed- uses of the B-5 and B-5b zones will rely on a shared infrastructure system, including service alleys, parking lots, public transportation facilities, stormwater management, and driveways. B-6 To establish a zoning district for the upland portion of the Eastern Waterfront area. The B-6 zone encourages this district to acquire a distinctly urban form through development that emphasizes a quality pedestrian experience, promotes public transit, and demonstrates exemplary urban design. The zone promotes a broad range of both residential and commercial uses to achieve 24-hour urban vitality, and shared use of parking infrastructure as recommended in the Eastern Waterfront Master Plan for redevelopment. The B-6 zone promotes a mixed-use development pattern envisioned for urban land on Portland’s peninsula. B-7 To establish a zoning district for urban areas in which the City has adopted master plans for redevelopment. Certain areas, including but not limited to Bayside, lie at the perimeter of the established downtown and contain significant redevelopment opportunities. The B-7 zone encourages these districts to acquire a distinctly urban form through dense development featuring a mix of uses such as housing, retail, offices, research and development, and artisan studios and that emphasizes a quality pedestrian experience, promotes public transit, and demonstrates exemplary urban design. Use of multi-modal transportation is strongly encouraged and is advanced by the installation of bicycle amenities, such as bicycle racks and storage areas. The zone promotes a wide range of uses in high quality structures and public open spaces to achieve 24-hour urban vitality and shared parking infrastructure. The B-7 zone promotes a mixed-use development pattern envisioned on Portland’s peninsula. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-9 Page 492ZONES TABLE 5-E: TRANSIT-ORIENTED DEVELOPMENT ZONE PURPOSE STATEMENTS TOD-1 To provide for and encourage the development of moderate to high-intensity mixed-use, compact urban neighborhoods that support Portland’s investment in high frequency transit infrastructure through permissions for a dense, pedestrian-scale built environment and a range of uses that encourage walking, bicycling, and use of public transit at advantageous locations within the City’s off-peninsula neighborhoods. TOD-2 To provide for and encourage the development of high-intensity mixed-use, compact urban neighborhoods that support Portland’s investment in high frequency transit infrastructure through permissions for a highly dense, pedestrian-scale built environment and a broad range of uses that allow residents to live, work, shop, dine, and pursue cultural and recreational opportunities while enjoying a range of mobility choices. The TOD-2 zone is intended to allow for the creation of vibrant, accessible, 24-hour neighborhoods at suitable locations on or near the peninsula. TABLE 5-EF: OFFICE ZONE PURPOSE STATEMENTS ZONE PURPOSE STATEMENTS O-P To provide substantial areas for the creation of low-intensity office uses, allowed as either independent uses, or integrated development of offices ininto a park- or campus-like setting. Standards of the O zone encourage office and related uses which are of the highest quality, are well-designed and maintained, and are compatible with their natural surroundings. R-P To provide appropriate location for the development and operation of low-intensity business uses, including offices on or near major arterials, that are compatible in scale, density and use with surrounding and adjacent residential neighborhoods; or to serve as a transition or buffer zone between residential and more intensive nonresidential zones. 5-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 493 ZONES TABLE 5-F: INDUSTRIAL AND AIRPORT ZONE PURPOSE STATEMENTS I-L & To provide areas in which low-impact industrial uses, and limited other uses serving employees and residents of the I-Lb surrounding neighborhood, will be compatible with adjacent residential uses, will provide a buffer between residential neighborhoods and higher impact industrial zones, or will stand alone as a smaller scale industrial district. The I-L zone is located adjacent to residential neighborhoods, business uses and other industrial uses where the low-intensity nature of the uses, as well as their strict performance standards, will ensure the compatibility of the uses with other adjacent industrial and nonindustrial uses. Performance standards for uses in the I-L zone are designed to maintain compatibility between low impact industrial uses and neighboring nonindustrial and industrial uses. . The I-Lb zone is typically located on the peninsula I-M, I- To provide zones in areas of the city in which low- and moderate-impact industries and transportation-related uses Ma, & will coexist. I-M and I-Ma zones are located on arterials or collectors. The I-Mb zone is similarly typically located on the I-Mb peninsula. These locations provide for direct access onto arterials, thereby protecting residential neighborhoods from drive-through traffic. The purpose of the I-M, I-Ma and I-Mb industrial zones is also to provide for larger industrial buildings and for the limited or controlled use of areas outside of structures for storage of materials and machinery. These facilities often require large volumes of imported materials and products which result in large volumes of shipping and receiving. Often uses may be highway-oriented and transportation-related, thus relying on city-wide and regional transportation infrastructure. Industrial uses in these moderate-impact industrial zones may require separation from higher-impact uses. I-H & To provide areas suitable for higher impact industrial uses than are permitted in other industrial zones and other uses I-Hb that are capable of demonstrating, through design, layout and topography, their compatibility with, or non-intrusion on, existing or future higher impact industrial uses on adjacent or neighboring I-H zoned properties. Due to the intensity of use, the I-H zones are is intended for uses which may require extensive outdoor storage and usage and may utilize heavy equipment. Processes may require separation from residential or sensitive environmental areas. The I-H zones are is separated from other nonindustrial uses as well as natural or constructed features. High-impact industrial uses will be of a higher intensity, with a greater lot coverage, than the other zones. A-B To provide an area for the development of airport-related enterprises. Appropriate uUses permitted in this zone are those customarily associated with the operation of the airport terminal and individual airlines and accessory uses to provide for the comfort and convenience of the airport’s patrons and employees. TABLE 5-G: OPEN SPACE ZONE PURPOSE STATEMENTS R-OS-R To provide for preserve and protect open space as a limited and valuable resource; to permit the reasonable use of open space, while simultaneously preserving and protecting its inherent open space characteristics to assure its continued availability for public use as scenic, and recreation, and conservation or natural resource area; , and for the containment and structuring of urban development; to provide a suitable location for large-scale regional sports and athletic facilities; and to develop an open space system throughout the city, which provides the highest quality parks, plazas, and pedestrian environment. The R-OS-R zone may include parcels of public property and private property legally restricted from intensive use or development through deed, covenant, or otherwise. OS-P To preserve and protect open space as a limited and valuable resource, and to further the City of Portland’s goals related to climate adaptation and resiliency. The OS-P zone prioritizes preservation and protection of Portland’s critical conservation and natural resource areas. Very limited development may be allowed for sustainable energy generation, passive recreation and educational purposes, but must be compatible with and cause little impact to these areas. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 5-11 Page 494 USE STANDARDS 6 USE STANDARDS column the tables. In the case of conflict of required standards (i.e., a cross reference is 6.1 APPLICABILITY missing from the table, the numbering of 6.1.1. In general standards has changed but not updated in the A. The use of buildings, structures, private Table, etc.), the use standards in Section 6.4 property, and landCity-owned property are control. governed by this article, except when superseded by other applicable laws or 6.2.2 Unlisted uses ordinances. It is the intent that, when in doubt, A. Uses not expressly listed as permitted or this article should be interpreted to conditional in Tables 6-A to 6-FG are prohibited accommodate the goals of the City’s as principal uses except that a use may be Comprehensive Plan and other plans. permitted subject to meeting the following B. All uses shall comply with any applicable federal performance-based standards: and state requirements, and any additional 1. The proposed use is consistent with the applicable federal, state, county, and/or city purposes of the zone. ordinances. 2. The proposed use is closely related to a C. All uses shall comply with any supplemental use permitted or conditional use in terms of standards in Section 6.4 as applicable. Use character, scale, and external impacts. standards address specific impacts, design or 3. The buildings and structures associated with siting standards, and/or additional regulations the proposed use are designed and operated so outside of this Code. that it will prevent undue adverse environmental impacts, substantial diminution 6.2 DETERMINATION OF USE of the value or utility of neighboring structures, 6.2.1 Use tables or significant hazards to the health or safety of A. Tables 6-A to 6-FG shall determine if a use is neighboring residents by controlling noise permitted ( , conditional ( , or not levels, emissions, traffic, lighting, odor, and any ⏺) ◐) permitted ( ),( ) as a principal use within a other potential negative impacts. zone. Where a use is listed as both permitted B. The review authority shall determine whether and conditional ( , determination shall be the uses not listed as permitted or conditional ⏺/◐) based on the nature of such use as described in uses meet the above standards. If it is the use standards of Section 6.4. Unless determined that the use does not meet the otherwise noted, where a use is listed in terms above criteria, it shall not be permitted. of square footage, square footage figures shall C. The review authority may impose reasonable correspond to the total floor areasquare conditions of approval on the proposed use to footage of the use as indicated. ensure that it is similar in character and impact B. Certain uses within Tables 6-A to 6-G shall meet to a permitted or conditional use. required use standards listed in Section 6.4. A reference is provided in the “Use Standards” FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-1 Page 495 USE STANDARDS 6.2.3 Multiple uses 6.3 CHANGE OF USE A. A sitelot may contain more than one principal A change of use from one use in these tablesTables use, so long asproviding each principal use is 6-A to 6-G to another is governed by the allowed within the zone. Each principal use shall requirements of the new use. The use of any part be permitted separately. In certain cases, uses of any building, structure, or property shall not be are defined in Article 3 to include accessory changed to any other use, whether principal or uses that provide necessary support or are accessory and whether alterations in the building, functionally integrated into the principal use. structure, or property are involved or not, until a B. Notwithstanding the above, and unless permit and certificate of occupancy authorizing otherwise specifically permitted by this Code, such change of use has first been secured from the lots containing a single family, two-family, Building Authority in accordance with Chapter 6 of three-family, or four-family dwelling may the City of Portland Code of Ordinances. contain more than one principal use only so long as the total number of dwelling units on the lot does not exceed four, or three on the islands, not including accessory dwelling units. 6.2.4 Uses operated in an enclosed structure A. In all mixed-use, office, and industrial zones, uses shall be operated within a completely enclosed structure, except for those customarily operated in open air. B. In the mixed-use zones, open air activities shall be those licensed by the City. 6.2.5 Uses in zones not listed A. Use permissions for certain zones within this Code are not included in Tables 6-A to 6-G, but are addressed separately as follows: 1. Use permissions for overlay zones are found in Article 8. 2. Use permissions for the India Street Form- Based Code (IS-FBC) zone are found in Article 9. 3. Use permissions for the waterfront zones are found in Article 10. 6-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 496 USE STANDARDS TABLE 6-A: PERMITTED AND CONDITIONAL USES IN RESIDENTIAL ZONES Use R-1 R-2 R-3 R-4 R-5/R-5a R-6/R-6a Standards Single-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Two-family dwellings 6.4.2 ⏺ ⏺ ⏺ 6.4.2, Multi-family dwellings 1 2 6.5.6(G) ◐ ◐ /⏺ ⏺ Congregate care facilities 2 ⏺ Handicapped family units ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Planned Residential Unit Developments 4 4 ⏺ ⏺ Residential Special needs independent dwelling units 1 ⏺ ⏺ ⏺ Lodging houses 1,3 6.4.10 ◐ ⏺ Sheltered care group homes 6.5.6(K) ◐ ◐ ◐ ◐ ◐ ◐ Elementary, middle, and secondary schools 1 6.5.6(F) ◐ ◐ ◐ ◐ ◐ ◐ Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Hospitals 1 ◐ ◐ ◐ Intermediate care facilities 1 2 ◐ ◐ ◐ ◐ /⏺ ◐ Long-term and extended care facilities 1 2 6.5.6(F) ◐ ◐ ◐ ◐ /⏺ ◐ Places of assembly (<10,000 SF) ◐ ◐ ◐ ◐ ◐ ◐ Places of assembly (>10,000 SF) ◐ ◐ ◐ ◐ ◐ ◐ Preschool facilities 6.5.6(I) ◐ ◐ ◐ ◐ ◐ ◐ Institutional Post-secondary schools 1 6.5.6(F) ◐ ◐ ◐ Bed and breakfasts 5 6.4.5 ⏺/◐ General offices (<5,000 SF) 6.5.6(C) ◐ Comm. Hostels 6 6.4.9 ⏺/◐ Agriculture ⏺ ⏺ Cemeteries ◐ ◐ ⏺ ⏺ Off-street parking 1 6.5.6(H) ◐ ◐ ◐ ◐ Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Raising of domesticated animals 6.5.6(J) ◐ Solar energy system (minor) 6.4.16 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Other Utility substations 6.5.6(L) ◐ ◐ ◐ ◐ ◐ ◐ 1 In the R-5 zone only. 2 In the R-5a zone only. 3 Conversions of existing two-family structures into lodging houses are permitted as a conditional use, provided that the lodging house shall not be located within 500 ft. of another as measured along street lines. 4 Must consist of horizontally or vertically attached dwelling units, or a series of such dwelling units, with all land owned and used in common. PRUDs shall be subject to review and approval by the Planning Board under Article 15. 5 Permitted if a conversion of a structure existing as of 3/3/97 to up to four guest rooms and conditional if a conversion of the same to five to nine rooms. 6 Permitted if for no more than 10 overnight transient guests and conditional if for between 11 and 20 overnight transient guests. An owner, manager, or operator shall be a permanent resident of the building. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-3 Page 497 USE STANDARDS TABLE 6-A: PERMITTED AND CONDITIONAL USES IN RESIDENTIAL NEIGHBORHOOD ZONES Use RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 Standards Single-family dwellings ⏺ ⏺ ⏺ ⏺ Two-family dwellings ⏺ ⏺ ⏺ ⏺ Three-family dwellings ⏺ ⏺ ⏺ ⏺ Four-family dwellings ⏺ ⏺ ⏺ ⏺ 6.4.12 Multi-family dwellings ◐ ⏺ ◐ ⏺ ⏺ ⏺ 6.4.13 Townhouse dwellings ⏺ ⏺ ⏺ 6.4.17 Group homes ◐ ◐ ◐ ◐ ◐ ◐ Residential 6.4.21 Lodging houses ◐ ◐ ⏺ ⏺ 6.4.9 Child care centers + small child care facilities ◐ ◐ ◐ ◐ ◐ ◐ Elementary, middle, and secondary schools ◐ ◐ ◐ ◐ ◐ ◐ Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.30 Places of assembly ◐ ◐ ◐ ◐ ◐ ◐ 6.4.31 Post-secondary schools ◐ ◐ ◐ ◐ Residential care facilities (small) ◐ ◐ ◐ ◐ ◐ ◐ 6.4.35 Institutional Residential care facilities (large) ◐ ◐ ◐ ◐ ◐ ◐ Bed and breakfasts 6.4.7 ⏺/◐ ⏺/◐ ⏺/◐ 6.4.18 Hostels ⏺/◐ ⏺/◐ ⏺/◐ 6.4.25 Market gardens ◐ ◐ ◐ ◐ ◐ ◐ Comm. 6.4.26 Neighborhood nonresidential reuse ◐ ◐ ◐ ◐ ◐ ◐ Cemeteries ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.38 Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Other 6.4.39 Utility substations ◐ ◐ ◐ ◐ ◐ ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ 6-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 498 USE STANDARDS TABLE 6-B: PERMITTED AND CONDITIONAL USES IN ISLAND ZONES Use IR-1 IR-2 IR-31 I-B Standards Single-family dwellings 2 ⏺ ⏺ ⏺ ⏺ Two-family dwellings ◐ 6.4.2, Multi-family dwellings 6.5.6(G) ◐ Handicapped family unit ⏺ ⏺ ⏺ ⏺ Residential Planned Residential Unit Developments ⏺ ⏺ Lodging houses 3 3 3 ◐ ⏺ ⏺ Elementary, middle, and secondary schools ◐ ◐ ⏺ ◐ Educational facilities (including seasonal camps) ◐ ◐ Governmental uses 6.5.6(F)6 ◐ ◐ ⏺ ◐ Places of assembly (<10,000 SF) ◐ ◐ ⏺ ◐ Places of assembly (>10,000 SF) ◐ ◐ ◐ Institutional Preschool facilities 6.5.6(I) ◐ ◐ ⏺ ◐ Auto service stations 6.5.6(A) ◐ Bed and breakfasts 4 ⏺ General services (<5,000 SF) ⏺ Hotels 5 5 ⏺ ◐ Restaurants ⏺ ⏺ Commercial/Service Retail (<10,000 SF) ⏺ ⏺ Studios for artists and craftspeople ⏺ Agriculture ⏺ Boathouses and storehouses for fishing equipment ⏺ ⏺ ⏺ ⏺ Campgrounds 6.4.6 ◐ ⏺ Cemeteries ◐ ◐ Marinas and yacht clubs ⏺ ⏺ Off-street parking ⏺ Parks and open spaces ⏺ ⏺ ⏺ ⏺ Raising of domesticated animals 6.5.6(J) ◐ Solar energy system (minor) 6.4.16 ⏺ ⏺ ⏺ ⏺ Utility substations 6.5.6(L) ◐ ◐ ⏺ Other Wharves, piers, docks, and landing ramps ◐ ◐ ⏺ ⏺ 1 All uses within the IR-3 permitted only within a PUD with a minimum total area of 20 acres of contiguous land subject to the standards of Subsection 6.4.14. 2 Single-family attached permitted provided that new construction shall be limited to no more than six attached dwellings per building. 3 With greater than two but no more than nine rooming units. 4 Permitted on Peaks Island only. 5 Maximum 50 rooms. 6 The standards of Subsection 6.5.6(F) shall not apply to institutional uses within the I-B zone. In the IR-1 and IR-2 ones, institutional uses are subject to the standards of Subsection 6.5.6(F) only if the total land area of the use is two acres or more. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-5 Page 499 USE STANDARDS TABLE 6-B: PERMITTED AND CONDITIONAL USES IN ISLAND ZONES Use IR-1 IR-2 I-B Standards Single-family dwellings ⏺ ⏺ ⏺ Two-family dwellings ⏺ ⏺ ⏺ Three-family dwellings ⏺ Four-family dwellings ⏺ Multi-family dwellings 6.4.12 ◐ Live/work dwellings ⏺ Residential Lodging houses 6.4.21 ◐ ⏺ Child care centers + small child care facilities 6.4.9 ◐ ◐ ⏺ Cultural facilities ⏺ Elementary, middle, and secondary schools ◐ ◐ ◐ Governmental uses ⏺ ⏺ ⏺ Institutional Places of assembly 6.4.30 ◐ ◐ ⏺ Auto service stations 6.4.5 ◐ Bed and breakfasts 6.4.7 ⏺ General offices ⏺ 6.4.15 General services ⏺ Greenhouse/nursery (retail) 6.4.16 ◐ Hotels 6.4.19 ◐ Market gardens 6.4.25 ◐ ◐ ⏺ Neighborhood nonresidential reuse 6.4.26 ◐ ◐ Restaurants 6.4.34 ⏺ Retail 6.4.36 ⏺ Commercial / Service Specialty food service ⏺ Agriculture 6.4.3 ⏺ Boathouses and storehouses for fishing equipment ⏺ ⏺ ⏺ Campgrounds 6.4.8 ◐ Cemeteries ◐ ◐ Low-impact industrial ⏺ Marinas ⏺ Parks and open spaces ⏺ ⏺ ⏺ Solar energy system (minor) 6.4.38 ⏺ ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ ⏺ Utility substations 6.4.39 ◐ ◐ ◐ Other Wharves, piers, docks, and landing ramps ⏺ ⏺ ⏺ 6-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 500 USE STANDARDS TABLE 6-C: PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES B-2/B-2b/ B-3/B-3b/ B-5/ Use B-1/B-1b B-2c B-3c11 B-4 B-5b B-6 B-7 Standards Single-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Two-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Multi-family dwellings 1 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Congregate care facilities ⏺ Residential Handicapped family units ⏺ ⏺ ⏺ ⏺ Combined living/working spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Lodging houses 2 6.4.10 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Clinics 2 ⏺ ⏺ ⏺ ⏺ ⏺ Cultural facilities ⏺ ⏺ ⏺ ⏺ Elementary, middle, and secondary schools 2 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Emergency shelters 6.5.6(B) ◐ ◐ ◐ Governmental uses 2 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Intermediate care facilities ⏺ ⏺ Long-term and extended care facilities ⏺ Places of assembly (< 10,000 SF) 2 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Places of assembly (> 10,000 SF) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Preschool facilities 2 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Institutional Post-secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Adult business establishments 3 3 ⏺ ⏺ 6.4.3 Auto, boat, and related dealerships 6.5.6(A) ◐ ⏺ Auto service stations 4 6.5.6(A) ◐ ⏺ ⏺ Bars 5 5 6.4.4 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Bed and breakfasts 6.4.5 ⏺ ⏺ ⏺ ⏺ Exhibition, meeting, and convention halls ⏺ ⏺ ◐ ⏺ Funeral homes ⏺ ⏺ General offices (<5,000 SF) 2 6.4.7 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ General offices (>5,000 SF) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ General services (<5,000 SF) 2 6.4.7 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ General services (>5,000 SF) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Hostels 6.4.7, 6.4.9 ⏺ ⏺ ⏺ ⏺ Hotels 13 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Marijuana retail store 6 6.4.11 ⏺/◐ ⏺ ⏺ ⏺ Recreation and amusement centers ⏺ ⏺ ⏺ Registered marijuana dispensary 6 6.4.11 ⏺/◐ ⏺ ⏺ ⏺ Restaurants 2 6.4.4, 6.4.7 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Retail (< 5,000 SF) 2 6.4.7, 6.4.15 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Commercial /Service Retail (5,000 – 25,000 SF) 6.4.15 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ TABLE 6-C (CONT.): PERMITTED AND CONDITIONAL USES IN MIXED USE ZONES FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-7 Page 501 USE STANDARDS B-2/B-2b/ B-3/B-3b/ B-5/ Use B-1/B-1b B-2c B-3c11 B-4 B-5b B-6 B-7 Standards 6.4.15 Retail (>25,000 SF) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Small-scale marijuana caregiver 6.4.11 ⏺ ⏺ ⏺ ⏺ Theaters and performance halls ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Veterinary services ⏺ ⏺ ⏺ Communication studios ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Dairies 7 ⏺ ⏺ High-tech manufacturing ◐ 6.5.6(D) Intermodal transportation facilities ⏺ ⏺ ⏺ Laboratory and research facilities ◐ ⏺ ◐ ⏺ 6.5.6(E) Low-impact industrial (<10,000 SF) 8 8 ⏺ ◐ ⏺ ⏺ ⏺ ⏺ 6.5.6(E) Low-impact industrial (>10,000 SF) 8 ⏺ ⏺ ◐ Marijuana testing facilities ⏺ Marijuana manufacturing facilities ⏺ 6.4.11 Marijuana cultivation facilities (<7,000 SF plant canopy) ⏺ Printing and publishing 9 ◐ ⏺ ⏺ ⏺ ⏺ ◐ Repair services ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Studios for artists and craftspeople 2 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Tow lots 6.4.17 ⏺ Industrial Warehousing, storage, and distribution 10 10 10 10, 14 10, 14 6.5.6(E) ◐ ◐ ⏺ ⏺ ◐ ◐ Marine uses 6.4.12 ⏺ ⏺ Correctional pre-release facilities 6.4.8 ⏺ Off-street parking 12 6.5.6(H) ⏺/◐ ⏺ ◐ ◐ Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.16 Solar energy system (major) ◐ Utility substations 6.5.6(L) ⏺ ⏺ ◐ ⏺ ⏺ ⏺ ◐ Other Wind energy system (minor) 6.4.18 ◐ ◐ ◐ ◐ ◐ ◐ 1 Permitted if permitted in the adjacent or nearest residential zone. In other cases, permitted if located above first floor commercial, or on first floor where a minimum depth of 25 ft. along the principal frontage is maintained for commercial use. 2 Permitted on the ground floor only in the B-1b zone. 3 Permitted in the B-2 and B-3 zones only. 4 Permitted as a conditional use in the B-2 only. Expansion of auto service stations in existence as of 11/15/99 permitted as a conditional use in the B-2b and B-2c zones. 5 Not permitted in the B-2c and B-3c zones. 6 Permitted in the B-2 zone. Conditional in the B-2b and B-2c. 7 Permitted only if an expansion of an existing dairy. 8 Permitted with a retail component only. Low-impact industrial uses greater than 10,000 SF are permitted in the B-2 only. 9 Printing and publishing of 10,000 SF or less, or expansion of printing and publishing establishments greater than 10,000 SF in existence as of 4/4/88, shall be treated as a conditional use. 10 Permitted in the B-2/B-2b/B-2c as a conditional use if 10,000 SF or less. Self-storage permitted in the B-4 zone. Self-storage permitted as a conditional use in the B-5 zone (on- peninsula locations only) in buildings existing as of 12/16/15. Self-storage permitted as a conditional use in the B-3 zone in buildings existing as of 1/1/1995; the area of the building dedicated to self-storage shall not exceed 30% of the total building area and may not be located directly adjacent to or facing a public right-of-way. Self-storage not permitted in the B-2/B-2b/B-2c, B-6, and B-7 zones. 11 See PAD Overlay for additional use regulations. 12 Structured parking shall be permitted. Surface parking shall be treated as a conditional use. 13 Hotels shall be limited to no more than 150 rooms. 14 Wholesale is allowed as conditional use, providing the wholesale operation is associated with an onsite retail establishment and occupies less than 15,000 SF. 6-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 502 USE STANDARDS TABLE 6-C: PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES B-2/ Use B-1 B-2b B-31 B-4 B-5 B-6 Standards Two-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Three-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Four-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Townhouse dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.13 Multi-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.12 Live/work dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Residential Lodging houses ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.21 Child care centers + small child care facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.9 Clinics ⏺ ⏺ ⏺ ⏺ ⏺ Cultural facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Elementary, middle, and secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ Emergency shelters ◐ ◐ ◐ 6.4.14 Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ Places of assembly ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.30 Post-secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.31 Residential care facilities (small) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.35 Institutional Residential care facilities (large) ⏺ ⏺ ⏺ ⏺ ⏺ Adult business establishments 6.4.2 ⏺ Auto, boat, and related dealerships ◐ ⏺ 6.4.5 Auto service stations ◐ ⏺ Bars 6.4.6 ⏺ ⏺ ⏺ ⏺ ⏺ Bed and breakfasts 6.4.7, 6.4.10 ⏺ ⏺ ⏺ Exhibition, meeting, and convention halls ⏺ ⏺ ⏺ ◐ Funeral homes ⏺ ⏺ General offices ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.15, 6.4.10 General services ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Greenhouse/nursery (retail) ◐ ◐ Hostels 6.4.18, 6.4.10 ⏺ ⏺ ⏺ Hotels ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.19 Intermodal transportation facility ⏺ ⏺ ⏺ ⏺ ⏺ Marijuana retail store ⏺ ⏺ ⏺ 6.4.23 Market gardens 6.4.25, 6.4.10 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Commercial / Service Recreation and amusement centers ⏺ ⏺ ⏺ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-9 Page 503 USE STANDARDS TABLE 6-C (CONT.): PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES B-2/ Use B-1 B-2b B-31 B-4 B-5 B-6 Standards Registered marijuana dispensary 6.4.23 ⏺/◐ ⏺ ⏺ Restaurants ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.34, 6.4.10 Retail ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.36, 6.4.10 Small-scale marijuana caregiver 6.4.23 ⏺ ⏺ ⏺ Specialty food service ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.10 Theaters and performance halls ⏺ ⏺ ⏺ ⏺ ⏺ Commercial/Service Veterinary services ⏺ ⏺ Animal-related services ⏺ Communication studios ⏺ ⏺ ⏺ ⏺ ⏺ Dairies ⏺ ⏺ 6.4.11 Impound lots ⏺ 6.4.20 Intermodal transportation facilities ⏺ ⏺ Laboratory and research facilities ◐ ◐ ⏺ ◐ ◐ Low-impact industrial ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.22 Marijuana testing facilities ⏺ 6.4.23 Marijuana manufacturing facilities ⏺ Printing and publishing 6.4.32 ⏺ ⏺ ⏺ ⏺ Self-storage facilities ⏺ 6.4.37 Studios for artists and craftspeople ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Industrial Warehousing and distribution ⏺ 6.4.40 Marine uses ⏺ ⏺ 6.4.24 Off-street parking ⏺/◐ ⏺ ◐ 6.4.27 Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ Social service centers ◐ ◐ ◐ ◐ ◐ Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.38 Solar energy system (major) ◐ Utility substations ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.39 Other Wind energy system (minor) ◐ ◐ ◐ ◐ ◐ 6.4.41 Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ 1 Uses within the B-3 zone may be subject to the standards of the Pedestrian Activities District (PAD) Overlay found in Section 8.5 of this Code. ◐ ◐ 6-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 504 USE STANDARDS TABLE 6-D: PERMITTED AND CONDITIONAL USES IN TOD ZONES TOD-1 TOD-2 Use Standards Townhouse dwellings 6.4.13 ⏺ ⏺ Multi-family dwellings 6.4.12 ⏺ ⏺ Live/work dwellings ⏺ ⏺ Residential Lodging houses 6.4.21 ⏺ ⏺ Child care centers + small child care facilities 6.4.9 ⏺ ⏺ Clinics ⏺ ⏺ Cultural facilities ⏺ ⏺ Elementary, middle, and secondary schools ⏺ ⏺ Governmental uses ⏺ ⏺ Places of assembly 6.4.30 ⏺ ⏺ Post-secondary schools 6.4.31 ⏺ Residential care facilities, small ⏺ ⏺ 6.4.35 Institutional Residential care facilities, large ⏺ ⏺ Bars 6.4.6 ⏺ ⏺ Exhibition, meeting, and convention halls ⏺ General offices ⏺ ⏺ General services ⏺ ⏺ Hostels 6.4.18 ⏺ Hotels ⏺ Intermodal transportation facilities ⏺ ⏺ Recreation and amusement centers ⏺ Restaurants ⏺ ⏺ Retail ⏺ ⏺ Specialty food service ⏺ ⏺ Theaters and performance halls ⏺ Commercial / Service Veterinary services ⏺ ⏺ Communication studios ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ Indust. Low impact industrial 6.4.22 ⏺ ⏺ Parks and open spaces ⏺ ⏺ Solar energy system (minor) 6.4.38 ⏺ ⏺ Utility substations 6.4.39 ⏺ ⏺ Other Wind energy system (minor) 6.4.41 ◐ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-11 Page 505 USE STANDARDS TABLE 6-D: PERMITTED AND CONDITIONAL USES IN OFFICE PARK & RESIDENCE PROFESSIONAL ZONES OP1 R-P2 Use Standards Any residential use permitted in the nearest residential zone ⏺ Preschool facilities 6.5.6(I) ⏺ ◐ Funeral homes ⏺ General offices ⏺ ⏺ High tech manufacturing 6.5.6(D) ◐ Laboratory and research facilities ⏺ Printing and publishing ⏺ Industrial Studios for artists and craftspeople ⏺ Parks and open space ⏺ ⏺ Solar energy system (minor) 6.4.16 ⏺ ⏺ Utility substations ⏺ Other Wind energy system (minor) 6.4.18 ◐ 1 All permitted and conditional uses in the O-P zone, with the exception of parks and open spaces, solar energy systems, and wind energy systems, shall be allowed only within an office park of at least three acres of contiguous land subject to the standards of Subsection 6.4.13. 2 Any conditional use that is permitted as a conditional use in the nearest residential zone shall be permitted as a conditional use in the R-P zone. All conditional use standards of the residential zone shall apply. TABLE 6-E: PERMITTED AND CONDITIONAL USES IN OFFICE ZONES O Use Standards Child care centers + small child care facilities 6.4.9 ⏺ Inst. Governmental uses ⏺ General offices ⏺ Com Office parks 6.4.28 ⏺ Laboratory and research facilities ⏺ Ind. Printing and publishing 6.4.32 ⏺ Parks and open space ⏺ Solar energy system (minor) 6.4.38 ⏺ Utility substations Other Wind energy system (minor) 6.4.41 ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ ◐ ◐ 6-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 506 USE STANDARDS TABLE 6-E: PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES Use I-L/I-Lb I-M/I-Mb I-H/I-Hb A-B7 Standards Airports 8 ⏺ Preschool facilities ⏺ ⏺ Emergency shelters 6.5.6(B) ◐ ◐ ◐ Intermediate care facilities 4 ⏺ Institutional Places of assembly (<10,000 SF) ⏺ Bars ⏺ General offices (<5,000 SF) 1 ⏺ ⏺ 1 General offices (>5,000 SF) ⏺ ⏺ General services (<5,000 SF) ⏺ General services (>5,000 SF) ⏺ Hotels ⏺ Recreation and amusement centers ⏺ ⏺ Repair services ⏺ ⏺ ⏺ Commercial/Services Restaurants ⏺ Animal-related services 2 ⏺ Construction & engineering services ⏺ ⏺ ⏺ Dairies ⏺ ⏺ ⏺ Fish waste processing ⏺ Food & seafood processing, packing, and distribution ⏺ ⏺ High-impact industrial uses ⏺ Intermodal transportation facilities ⏺ ⏺ ⏺ Laboratory and research facilities ⏺ ⏺ ⏺ Low-impact industrial ⏺ ⏺ ⏺ Lumber yards ⏺ ⏺ ⏺ Marijuana cultivation facility (<2,000 SF plant canopy) ⏺ ⏺ ⏺ Marijuana cultivation facility (2,000-7,000 SF plant canopy) ⏺ ⏺ 6.4.11 Marijuana cultivation facility (>7,000 SF plant canopy) ⏺ Marijuana manufacturing facility ⏺ ⏺ ⏺ Marijuana testing facility ⏺ ⏺ ⏺ Printing and publishing ⏺ ⏺ ⏺ Recycling and solid waste disposal facilities 5 5 ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ Telecommunication towers (ground-mounted) ⏺ ⏺ Tow lots 6.4.17 ⏺ ⏺ Industrial Warehousing, storage, and distribution facilities 3 ⏺ ⏺ ⏺ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-13 Page 507 USE STANDARDS TABLE 6-E (CONT.): PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES Use I-L/I-Lb I-M/I-Mb I-H/I-Hb A-B7 Standards Correctional pre-release facilities 6 6 6.4.8 ⏺ ⏺ Marinas ⏺ Off-street parking ⏺ Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ 6.4.16 Solar energy system (major) ⏺ ⏺ ◐ Utility substations ⏺ ⏺ ⏺ Wind energy system (minor) Other ◐ ⏺ ⏺ ⏺ 6.4.18 Wind energy system (major) ⏺ ⏺ ◐ 1 Only back office uses permitted. 2 Not including kennel or boarding facilities. 3 Must be less than 10,000 SF in floor area. No outdoor storage permitted. Self-storage not permitted in the I-L/I-Lb zone. 4 Permitted in existing structures not designed for industrial, amusement, warehouse or manufacturing uses as of 9/15/14 or later. Such structures may be reused or expanded to establish a facility of no more than 30 persons plus staff. 5 Permitted within an enclosed structure only. 6 Not permitted in the I-Ma, I-Mb, or I-Hb zones. 7 Permitted uses on lots within airport restricted access areas shall be limited to those which do not require or encourage access or visits by the public and which provide technical administrative or other support to airport operations. 8 Including airport administration, terminals, carrier operations, concessions, reservations and ticket sales, freight, repair and storage, fueling services, flying schools, car rental operations, and other associated uses. 6-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 508 USE STANDARDS TABLE 6-F: PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES Use I-L/I-Lb I-M/I-Mb I-H A-B1 Standards Live/work dwellings ⏺ Airports ⏺ Child care centers + small child care facilities 6.4.9 ⏺ ⏺ ⏺ Emergency shelters 6.4.14 ◐ ◐ ◐ Institutional Places of assembly 6.4.30 ⏺ Bars 6.4.6 ⏺ General offices 6.4.15 ⏺ ⏺ General services ⏺ Hotels ⏺ Intermodal transportation facilities ⏺ ⏺ Market gardens 6.4.25 ⏺ Recreation and amusement centers ⏺ ⏺ Restaurants ⏺ Self-storage facility 6.4.37 ⏺ ⏺ Specialty food service ⏺ ⏺ Commercial / Service Veterinary services ⏺ ⏺ ⏺ Animal-related services 6.4.4 ⏺ ⏺ ⏺ Auto service station 6.4.5 ⏺ ⏺ ⏺ ⏺ Construction & engineering services ⏺ ⏺ ⏺ Dairies ⏺ ⏺ ⏺ Food & seafood processing, packing, and distribution ⏺ ⏺ High-impact industrial uses ⏺ Impound lots 6.4.20 ⏺ ⏺ Laboratory and research facilities ⏺ ⏺ ⏺ Low-impact industrial 6.4.22 ⏺ ⏺ ⏺ Lumber yards ⏺ ⏺ ⏺ Marijuana cultivation facilities ⏺ ⏺ ⏺ Marijuana manufacturing facility 6.4.23 ⏺ ⏺ ⏺ Marijuana testing facility ⏺ ⏺ ⏺ Printing and publishing ⏺ ⏺ ⏺ Industrial Recycling facilities 6.4.33 ⏺ ⏺ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-15 Page 509 USE STANDARDS TABLE 6-F (CONT.): PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES Use I-L/I-Lb I-M/I-Mb I-H A-B1 Standards Solid waste disposal facilities 6.4.33 ⏺ ⏺ Studios for artists and craftspeople ⏺ ⏺ Indust. Warehousing and distribution facilities 6.4.40 ⏺ ⏺ ⏺ Off-street parking ⏺ Social service centers ◐ ◐ ◐ Solar energy system (minor) ⏺ ⏺ ⏺ ⏺ 6.4.38 Solar energy system (major) ⏺ ⏺ ◐ Telecommunication towers (ground-mounted) ⏺ ⏺ Utility substations 6.4.39 ⏺ ⏺ ⏺ Wind energy system (minor) ◐ ⏺ ⏺ ⏺ 6.4.41 Other Wind energy system (major) ⏺ ⏺ ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ 1 Permitted uses on lots within airport restricted access areas shall be limited to those which do not require or encourage access or visits by the public and which provide◐ technical administrative or other support to airport◐ operations. 6-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 510 USE STANDARDS TABLE 6-F: PERMITTED AND CONDITIONAL USES IN RECREATION OPEN SPACE ZONE R-OS1 Use Standards Cemeteries ⏺ Marinas ⏺ Parks and open space 2 ⏺ Solar energy system (minor) ◐ 6.4.16, 6.5.7(A) Solar energy system (major) ◐ Utility substations 3 6.5.6.L, 6.5.7(A) ⏺/◐ Wharves, piers, docks, and landing ramps ⏺ Wind energy system (minor) ◐ 6.4.18, 6.5.7(A) Wind energy system (major) ◐ 1 Accessory uses within structures of 2,500 SF or more shall be treated as a conditional use under Subsection 6.5.7(A). 2 Including active recreational uses, such as playgrounds, golf courses, fields, pools, courts, community gardens, marinas, and sports complexes and passive uses, such as arboretums and picnic areas. 3 Sewage pumping and treatment facilities shall be permitted. Water pumping stations shall be treated as a conditional use under Subsection 6.5.7. TABLE 6-G: PERMITTED AND CONDITIONAL USES IN OPEN SPACE ZONES OS-R1 OS-P Use Standards Cemeteries ⏺ Cultural facilities ◐ Marinas ⏺ Parks and open space 6.4.29 ⏺ ⏺ Solar energy system (minor) ◐ 6.4.38, 6.5.6 Solar energy system (major) ◐ Stadiums 6.5.6 ◐ Utility substations 6.4.39, 6.5.6 ⏺/◐ Wharves, piers, docks, and landing ramps ⏺ ◐ Wind energy system (minor) 6.4.41, 6.5.6 ◐ Key: = permitted | = conditional | Blank = not permitted | / = permitted or conditional per use standards ⏺ ⏺ 1 Accessory uses within structures of 2,500 SF or more shall be treated as a conditional use under subsection 6.5.6. ◐ ◐ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-17 Page 511 USE STANDARDS 6.4 SUPPLEMENTAL USE STANDARDS such instruments to be executed and in The followingThese standards shall apply to the recordable form acceptable to the following uses as indicated in Tables 6-A to 6-FG, Corporation Counsel and to encumber and whether permitted or conditional. Where a use is run with the land. allowed as conditional, these standards apply in B. For a lot abutting any portion of a street which addition to the general conditional use standards in is unimproved or improved but not Section 6.5. permanently paved, that portion which abuts the lot, and any like portion between such 6.4.1 6.1.1. In general portion and the nearest permanently paved 6.4.1 In general street or portion which is the principal access A. No building intended for use as a habitation to such lot, shall be improved, including sewers, shall be erected on a lot which has its only storm drains, pavement, curbs and, if located street frontage on a street less than 35 feet on a designated school walking route, wide. No building shall be erected on a lot, sidewalks, in accordance with the City of except on the islands in Casco Bay, which does Portland Technical Manual. Where the nearest not abut a street meeting the minimum permanently paved street does not have requirements for street improvements set granite curbing, the Public Works Authority forth in this subsection. For purposes of this may waive the requirement of curbing under subsection, street shall be as defined in Article this subsection, if it determines that an 3, except that a dedicated street which may no acceptable alternative drainage plan will be longer be accepted due to lapse of time and an provided. Prior to the issuance of a building accepted street which may have been permit for erection of a building on a lot discontinued by abandonment shall also be abutting any portion of a street which is deemed to be streets, provided that an unimproved or improved but not permanently applicant for a building permit respecting any paved, the following shall occur: lot abutting such street shall, without 3. A plan of the street improvements compensation or claim for damages, and at his required by this subsection shall be or her own cost and expense, first submit to submitted to the Public Works Authority. the Building Authority: 4. Upon determination by the Public Works 1. A deed from the owner of such lot Authority that the plan meets the street conveying to the City all his or her right, improvement requirements established by title, and interest in and to such street or this subsection, a performance guarantee any portion thereof. and inspection fee for said improvements 2. An agreement by such owner forever shall be submitted to the City as set forth releasing the City from any and all claims under Articles 14 and 15. Also as set forth in for damages for the laying out and taking Articles 14 and 15, a one-year defect bond of such street and indemnifying the City shall be tendered to the City prior to against any and all other such claims, both release of the performance guarantee 6-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 512 USE STANDARDS required hereby. The provisions of this C. Units created under this section 6.4.2 shall paragraph (2) shall not apply to the not be considered accessory dwelling units erection of any single-family dwelling on under Section 6.6.2(A). any lot where the owner of the lot A. Street access. Unless specifically excepted establishes that he or she was the owner of under Section 7.4, a building or structure may that same lot on November 19, 1984, and at only be constructed on or moved onto a lot, or all times thereafter, and states his or her a dwelling unit added to a lot, if one of the intention under oath to make the structure following conditions is met. These standards his or her personal residence. apply to all buildings and structures unless C. The requirements of this subsection shall not specifically exempted by this section. apply to the following city streets upon their 1. Existing, accepted streets. construction by the Public Works Authority to a. The lot has frontage on a paved and such standards as are determined by the accepted City street with a minimum authority to be the most feasible: width of 10 feet on a one-way street 5. Dingley Court. and 20 feet on a two-way street, 6. Morgan Court. measured from curb to curb. In the absence of a curb, the minimum clear 6.4.2 Additional residential use permissions paved width shall be measured from A. In island zones: Up to three units are the edge of the pavement, excluding permitted on any lawfully conforming lot. sidewalks. Such units shall comply with all dimensional b. The lot has frontage on an accepted requirements of the underlying zone except or continued street on an island in lot coverage and lot area per dwelling unit Casco Bay that meets a minimum requirements. This exception shall not width of 16 feet, measured from the allow a lot to exceed 60% lot coverage edge of the pavement, or from the unless permitted by the underlying zone. edge of the built surface if unpaved. B. In mainland zones where residential is a c. The required minimum width may be permitted or conditional use: Up to four reduced, or the requirement waived units are permitted on any lawfully on the islands only, if the Fire Chief conforming lot. Such units shall comply and the Public Works Director or their with all dimensional requirements of the designee(s) jointly determine that underlying zone except lot coverage and lot meeting the minimum width is area per dwelling unit requirements. This impracticable and the City’s ability to exception shall not allow a lot to exceed provide services will not be 60% lot coverage unless permitted by the unreasonably impaired by a reduction underlying zone. in width. 2. Streets to be improved in connection with development. The owner or developer of a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-19 Page 513 USE STANDARDS lot that is not located on an existing, claim for damages that may result accepted (or in the case of the islands, from acceptance. continued) street that meets the minimum 3. Exceptions. On lots with an existing, inhabited criteria established above shall improve the structure or structures on an unaccepted City street in accordance with the following. street, the following buildings and structures a. The street, between the lot and the are exempt from the requirements of this nearest existing, accepted City street subsection. and including the frontage of the lot a. Accessory buildings not intended for itself, shall be improved to meet the habitation. standards adopted elsewhere in this b. The addition of one accessory dwelling Code, including those adopted by the unit within an existing single-family Public Works Authority and the dwelling. Planning Authority. In the case of a corner lot, this shall apply to the 6.4.36.4.2 Adult business establishments frontage of the lot from which access A. Adult business establishments shall be located is taken. at least 1,000 feet from any other adult b. The street may be improved to an business establishment, and at least 500 feet alternative standard if the Fire Chief from any residential zone, as measured in a and the Public Works Director or their straight line from the nearest point of the lot designee(s) jointly determine that: line on the lot which the use is proposed to the nearest point of the lot line on the lot where the other use or zone is located, without regard to intervening structures or objects. B. No sexually explicit materials, entertainment, or activity shall be visible from the exterior of the premises. 6.4.3 Agriculture A. No animals shall be kept on any lot less than three acres or closer than 100 feet to any street or lot line, except domesticated chickens as regulated in Chapter 5 of the City of Portland c. The owner or developer shall take all Code of Ordinances. necessary steps under Chapter 25, B. Raising of domesticated animals as a Article III, of the City Code to dedicate component of any agricultural use shall not the improved portion of the street to create any odor, noise, health, or safety the City for acceptance. This shall hazards, or other nuisance to neighboring include provision of a waiver of any properties. 6-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 514 USE STANDARDS C. Raising of pigs or reptiles is not permitted. of a variety of plantings in accordance with the City of Portland Technical Manual. 6.4.4 Animal-related services F. Car washes shall be designed to avoid the A. In the B-4, I-L and I-Lb zones, animal-related tracking of residual waters into the street. services may not include kennel or boarding facilities. 6.4.4 6.4.6 Bars and restaurants B. No animal-related service may include outdoor 6.4.5 In the B-6 zone kennel facilities. A. No, no bars located east of Waterville Street C. Any exterior training and exercise areas shall be shall be permitted within 50 feet of Fore Street. located in a side or rear yard only, and shall be B. Restaurants located east of Waterville Street completely fenced. within 50 feet of Fore Street shall be limited in D. Exterior training and exercise areas are not hours of operation to between 5 a.m. and 11 permitted within 200 feet of a residential zone. p.m. each day and food service and consumption shall be the primary function of 6.4.5 Automobile, boat, and related dealerships the restaurant. and auto service stations A. Automobile, boat, and related dealerships shall 6.4.66.4.7 Bed and breakfasts not be allowed in the B2-b zone. A. Bed and breakfasts in the RN-4, RN-5, and RN-6 B. In the B-2b zone, auto service stations shall only zones are allowed only as conversions of be permitted as an expansion of an auto service residential structures existing as of 3/3/1997. station in existence as of 11/15/1999. Such uses are a permitted use if they contain C. Signs shall not adversely affect visibility at four or fewer guest rooms, and a conditional intersections or access drives. Signs shall be use if they contain five to nine guest rooms. constructed, installed, and maintained so as to C.B. In the R-6RN-4, RN-5, and R-6aRN-6 zones, the ensure the safety of the public, and shall minimum gross floorlot area for bed and advertise only services or goods available on breakfasts shall be 2,000 square feet for the the premises. first three guest rooms and 500 square feet for D. No ingress and egress driveways shall be each additional guest room. located within 30 feet from an intersection. No D. In all mixed-use zones except the I-B-1/B-1b entrance or exit for vehicles shall be in such zones zone, bed and breakfasts may include a proximity to a playground, school, church, meeting facility limited to use for private other place of public assembly, or any parties, business meetings, weddings, residential zone that the nearness poses a receptions, seminars, or business and threat or potential danger to the safety of the educational conferences, provided that: public. 7. In the B-2/B-2b/B-2c zones. are permitted E. A landscaped buffer, no less than five feet wide, on Peaks Island only. The meeting facility shall be located along street frontages mustminimum lot area for bed and (excluding driveways). The buffer shall consist FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-21 Page 515 USE STANDARDS breakfasts shall be less than 45,000 square screened from adjacent properties by a feet. fence or wall at least 48 inches in height. 8.C. In the B-3/B-3b/B-3c zones. The building in 2. A 10-foot-wide landscaped buffer shall be which the for the first three guest rooms and required between the fence and the 5,000 square feet for each additional guest adjacent property line. room. When not served by public water and 3. The minimum lot area for a child care sewer, a bed and breakfast and meeting facility center shall be 10,000 square feet. will be located must have existed on March 3, 1997 and have been greater than 4in the I-B 6.4.86.4.10 Commercial and service uses zone shall require 10,000 square feet in floorof in the B-1/B-1b zones zone lot area on that date. per guest room. A. Commercial and service uses in the B-1 zone shall be permitted provided that such uses 6.4.76.4.8 Campgrounds generate less than 100 peak hour vehicle trips A. Campgrounds shall not include recreational per 2,000 square feet of floor area and less vehicles. than 100 peak hour vehicle trips in total. B. Campgrounds shall be licensed by the State of B. Retail and restaurant uses shall not operate Maine Department of Human Services. between the hours of 11 p.m. and 6 a.m., and C.B. No tent shall be located within 75 feet of the shall not accept deliveries or services between perimeter of site. the hours of 10 p.m. and 7 a.m. For restaurants, D.C. The land area of the campground shall not be food service and consumption shall be the less than the equivalent of 5,000 square feet of primary function. land area per tent site exclusive of the roadway B. No beverage container redemption centers network. shall be permitted. Beverage dealers shall be permitted as a retail use provided that the 6.4.9 Child care centers and small child care maximum total floor area for redemptions facilities A. Outdoor play areas shall be screened and 6.4.11 Dairies buffered from surrounding residences with In the B-2 and B-2b zones, dairies are permitted only landscaping and/or fencing to minimize visual if an expansion of an existing dairy. and noise impacts. B. Solid waste shall be stored in covered 6.4.12 Dwellings, multi-family containers. Such containers shall be screened A. Use limitations on all sides. 1. In the RN-1 and RN-3 zones, multi-family C. In residential and island residential zones, the dwellings are allowed only as conversions following additional standards apply: of existing nonresidential structures. 1. Outdoor play areas shall be located in the 2. In the I-B zone, multi-family dwellings are side or rear yards only, and shall be allowed only as an accessory use, including the storageconversions of spent 6-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 516 USE STANDARDS containers, shall be no greater than feet. Driveways and parking areas may located existing residential or nonresidential within this minimum separation area. structures. B. Conversion standards 6.4.14 Emergency shelters 1. No multi-family conversion is allowed in an A. In the B-3 zone, no emergency shelters shall be existing structure with less than 1,500 permitted north of Oxford Street. square feet or 10% of the totalhabitable B. The facility shall provide adequate space for floor area. conducting security searches and other 2. Any new off-street parking provided for assessments. multi-family conversion of the facility, C. The facility shall be designed with a centralized whichever is lessexisting residential shelter operations office on each level structures shall be located to the side or providing sightlines to sleeping areas. rear of the structure. D. A management plan adequately outlining the C. following areas shall be provided: management 6.4.9 Correctional pre-release facilities responsibilities; process for resolving 6.4.10 No correctional prerelease facility shall be neighborhood concerns; staffing; access located within 1,000 feet of another, as restrictions; on-site surveillance; safety measured in a radius from the center of the lot measures; controls for resident behavior and 6.4.11 If a facility requires state or federal licensing, noise levels; and monitoring reports. staffing of the facility shall be as required by E. Adequate access to and from fixed route such license. If a facility does not require state transit service shall be provided. The facility or federal licenses, there shall be a minimum of shall be within a ¼ mile of fixed route transit one staff person for every 10 residents or service, or shall be within ½ mile of fixed route fraction thereof. The facility shall provide 24- transit service and provide adequate indoor hour supervision of program participants. space to permit all shelter guests day shelter, as well as implement strategies to help residents 6.4.13 Dwellings, townhouse utilize transit. A. For townhouse dwellings, interior side setback F. The facility shall provide on-site services to requirements do not apply to the interior side support residents, such as case management, yard where the party wall for the structure is life skills training, counseling, employment and located. Such requirements only apply to end educational services, housing assistance, or units without an attached party wall. other programs. B. There shall be a minimum separation of 15 feet G. Suitable laundry, kitchen, pantry, bicycle between exterior sidewalls of townhouse storage, and secure storage facilities for shelter buildings. Where the front or rear wall of a stayers shall be provided on-site. townhouse faces the front or rear wall of H. An outdoor area for guest use shall be provided another townhouse, the minimum required on-site with adequate screening to protect separation between such buildings shall be 30 FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-23 Page 517 USE STANDARDS privacy of guests. 6.4.126.4.18 Hostels 6.4.15 General offices and general services A. An operations plan mustshall be submitted A. General office and general service uses in the demonstrating that: I-B and B-1 zones are limited to a maximum of E. 1. No unaccompanied minors under the age 5,000 square feet of gross floor area. of 18 shall be permitted in the facility. B. General office uses in the I-L and I-Lb zones F.2. The length of stay for transient shall be limited to those involving minimal guessguests shall not exceed 15 days within public visitation and minimal direct service to any 60-day period. the general public, primarily to provide support G.B. In the RRN-4, RN-5, and RN-6 zone, forzones, services to larger organizations such as hostels greaterare permitted if for no more educational institutions, social service agencies, than 10 overnight transient guests, a minimum or business headquarters. of 250 square feet of land areaand conditional if for between 11 and 20 overnight transient 6.4.16 Greenhouse/nursery (retail) guests. No more than 20 overnight transient A. In the I-B zone, the indoor display of retail guests shall be required per hostel goods and point of sale area shall be limited to guestpermitted. a maximum of 1,000 square feet. H.C. In the B-1/B-1b zones zone, no more than 20 overnight transient guests shall be permitted. 6.4.17 Group homes A. Group homes shall be subject to the minimum 6.4.19 Hotels lot area requirements for nonresidential uses. A. Hotels in the I-B zone are limited to a maximum D.B. A group home shall not be located within 500 of 50 guest rooms. feet of another, as measured in a radius from B. The minimum gross floor area for hotels in the the center of the lot. along street lines to the I-B zone shall be 5,000 square feet for the first respective property lines. three guest rooms and 5,000 square feet for C. The Board of Appeals or Planning Board may each additional guest room. When not served impose conditions upon a conditional use by public water and sewer, a hotel in the I-B permit concerning the creation or operation of zone shall require 10,000 square feet of lot a group home including but not limited to the area per guest room. following: site and building maintenance; C. Hotels shall not be permitted in the B-2b zone. lighting, fencing, and other appropriate security D. Hotels in the B-6 zone are limited to a measures; screening and buffering of parking maximum of 150 guest rooms. areas; compatibility of any additions or alterations with the existing residential structure; and compatibility of new structures with the architectural character of the surrounding area. 6-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 518 USE STANDARDS 6.4.20 Impound lots 6.4.22 Low-impact industrial Impound lots shall be at least 300 feet from any A. Low-impact industrial in the B-1, B-2b, B-3, and residential zone or lawfully conforming residential B-6 zones is limited to a maximum of 10,000 use. square feet in gross floor area. B. In the B-6 zone, no brew pubs or 6.4.136.4.21 Lodging houses microbreweries east of Waterville Street shall A. In the RN-3 and RN-4 zones, lodging houses are be permitted within 50 feet of Fore Street. allowed only as conversions of existing two- C. When a low-impact industrial use is located in family, three-family, four-family, or multi-family any mixed-use zone, the following standards residential structures, provided that the lodging apply: house shall not be located within 500 ft. of 1. All circulation and maneuvering, including another as measured along street lines. loading, unloading, and turnaround areas, B. Lodging houses shall be subject to the must be located on site. No maneuvering, minimum lot area requirements for loading, or unloading may happen in the nonresidential uses. right-of-way. C. Individual rooming units in a lodging house shall 2. Truck loading, unloading, and access shall be a minimum of 70 square feet in area. be located in the rear or interior side yard I.D. Lodging houses shall provide a minimum of where possible. 200 square feet of combined rooming unit and 3. Shared infrastructure shall be utilized to common area per rooming unit. the extent practicable, including but not A.E. Lodging houses, except for lodging houses limited to service alleys, parking areas, located in the IR-2, IR-3, and I-B zones, shall stormwater treatment, public contain common areas for use by all residents, transportation facilities, and driveways. including a kitchen. A kitchen need not be available as a part of the common areas where 6.4.146.4.23 Marijuana-related uses all meals are provided on a daily basis. A. The following standards apply to the following F. In the IR-2 and I-B zones, lodging houses are marijuana-related uses: allowed with no more than nine rooming units. 1. Marijuana cultivation facilities. When not served by public water and sewer, 2. Marijuana manufacturing facilities. lodging houses shall require 10,000 square feet 3. Marijuana products. of lot area per rooming unit. 4.3. Marijuana retail stores. B. Lodging houses shall provide a minimum of 5.4. Marijuana testing facilities. 200 square feet of combined rooming unit and 6.5. Small-scale marijuana caregivers. common area per rooming unit. 7.6. Registered dispensaries. C. Each individual rooming unit shall be a B. Location criteria minimum of 70 square feet. 1. No marijuana cultivation facility, marijuana manufacturing facility, marijuana testing facility, small-scale marijuana caregiver, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-25 Page 519 USE STANDARDS marijuana store, or registered dispensary residential zone is located, without regard may be located within 500 feet of a pre- to intervening structures or objects. existing public school, private school, or a C. Supplemental standards public preschool program, as defined by C. Marijuana-related uses may only be retail 20-A M.R.S. § 1. Distance shall be measured stores and registered marijuana dispensaries in a straight line from the nearest property shall be permitted withinuses in the B-2 zone, line of the respective marijuana-related use and shall not be permitted in the B-2b zone. and the property line point of the lot D. Marijuana retail stores and registered containingline on the lot which the use is dispensaries may not exceed a fully enclosed proposed to the nearest point of the lot buildingmaximum gross floor area of 2,000 line on the lot where the public school, square feet. private school, or public preschool E. Marijuana cultivation facilities shall be limited to program is located, without regard to less than 2,000 square feet of plant canopy in intervening structures or objects. the I-L/I-Lb zone and less than 7,000 square 2. No marijuana cultivation facility, marijuana feet of plant canopy in the I-M/I-Mb zone. manufacturing facility, or marijuana testing 3. No outside storage of marijuana, marijuana facility may be located within 300 feet of products, or related supplies is permitted. the following residential zones: R-1, R-2, R-3, 4. No drive-through service is permitted for R-4, R-5/R-5A, R-6/R-6A, or R-7. Distance marijuana-related uses. shall be measured from the nearest outer 5. No marijuana or marijuana product shall wall of the building housing the marijuana be smoked, eaten, or otherwise consumed cultivation, manufacturing, or testing or ingested on the premises where sold. facility to the nearest applicable residential 6. An operating plan for marijuana cultivation zone boundary. If the marijuana-related facilities and marijuana manufacturing facility leases a room or suite of rooms facilities shall be provided that, at a within a building, including, without minimum, addresses wastewater, disposal limitation, individual units within a of waste, and security at the premises. shopping plaza or shopping mall, the 7. A ventilation plan shall be included for nearest outer wall of the room or suite of marijuana cultivation facilities, marijuana rooms within which the facility is located manufacturing facilities, and small-scale shall constitute the nearest outer wall of marijuana caregivers that provides for the building housing that facilityany adequate ventilation so as to prevent residential zone. Distance shall be pesticides, insecticides, or other chemicals measured in a straight line from the used in the cultivation or processing of nearest point of the lot line on the lot marijuana or marijuana-related products which the use is proposed to the nearest from being dispersed or released outside point of the lot line on the lot where the the premises. The plan shall further provide for resulting smoke, vapor, fumes, 6-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 520 USE STANDARDS gases, and particulate matter from boat storage; and seafood processing, packing, marijuana or its processing or cultivation and distribution for human consumption. to be effectively confined to the premises. G.B. In the B-6 zone, marine uses shall include 8.F. Marijuana-related uses shall provide odor marine products wholesaling and retailing; control measures so that odor generated on harbor and marine supplies and services; and site is mitigated at the property line of the lot underground marine fuel storage provided that containing the marijuana-related use. such storage shall be used solely for the Applications must demonstrate appropriate purpose of fueling vessels. measures, such as carbon filtration, ventilation and exhaust systems, facility plans, or other 6.4.25 Market garden additional practices adequate to mitigate odors A. Market gardens may be located outdoors or for the scale of operations for the uses fully enclosed within a permanent building, proposed. subject to the following: D.G. For purposes of this ordinance, any 1. Outdoor market gardens are limited to the approval issued for a marijuana cultivation cultivation of herbs, fruits, flowers, or facility, marijuana manufacturing facility, or vegetables, including the cultivation and marijuana testing facility operated pursuant to tillage of soil and the production, 22 M.R.S. § 2421 et seq. shall be deemed to cultivation, growing, and harvesting of any constitute approval for the same agricultural, floricultural, or horticultural corresponding marijuana cultivating, commodity. manufacturing, or testing facility use operating 2. The keeping of livestock, chickens or other under 28 M.R.S. § 101 et seq. Notwithstanding poultry, and apiaries are prohibited. the above, no marijuana cultivation facility, 3. Greenhouses, including high tunnels/hoop- marijuana manufacturing facility, or marijuana houses, cold-frames, and similar structures, testing facility may operate without the are permitted to extend the growing applicable state and City license. season. 4. Accessory structures, including but not 6.4.156.4.24 Marine uses limited to a shed or utility building E. In the B-5/B-5b and B-6 zones zone, marine uses necessary for the use’s operation may be shall include marine products wholesaling and allowed for the storage of tools and retailing and; harbor and marine supplies and materials. All accessory structures shall be services. located a minimum of five feet from any F.A. In the B-5/B-5b zones, marine uses shall include; lot line. marine repair services and machine shops; 5. Farmstands are permitted, and are limited shipbuilding and facilities for the construction, to sales of items grown at the site. maintenance, and repair of vessels; marine Farmstands shall be removed during the museums and aquariums; boat repair yards; time of the year when the use is not in FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-27 Page 521 USE STANDARDS operation. Only one farmstand is 5. Specialty food service permitted per market garden. 6. Studios for artists and craftspeople 6. When located in a fully enclosed C. No off-street parking is required for a permanent building, market gardens may neighborhood nonresidential reuse. include all of the forms of cultivation and D. Drive-through facilities are prohibited for any production allowed for outdoor market neighborhood nonresidential reuse. gardens, as well as hydroponics, E. Neighborhood non residential reuses shall aquaponics, myco-culture, and other comply with the performance standards of the similar indoor crop-production techniques. B-1 zone. 7. Market gardens within a fully enclosed permanent building may include an area f6.4.27 Of -street parking within the building for sales of items grown A. In the B-3 zone, structured parking is a at the site. Such sales area may occupy no permitted use. Surface parking within the B-3 more than 15% of the floor area devoted to zone shall be allowed as a conditional use. the principal use. B. Surface parking in the B-3 and B-6 zones is In the B-3, B-5, and B-6 zones, market gardens subject to the following standards: shall only if the be permitted within an enclosed 1. Surface parking lots shall be laid out in a structure. manner conducive to development of future buildings, and/or structured parking 6.4.26 Neighborhood nonresidential reuse on site. A. Neighborhood nonresidential reuse is only 2. All surface parking areas, including parking allowed within existing structures that are aisles, shall be located a minimum of 35 nonresidential in their original construction feet from any street. This 35-foot setback and/or current principal use as of the effective shall not apply to access drives oriented date of this Code. perpendicularly to a street. B. The following nonresidential uses are permitted C. In the B-3, B-5, and B-6 zones, structured within a neighborhood nonresidential reuse. parking is subject to the following standards: The initial conditional use approval for the 1. Parking structures shall incorporate neighborhood nonresidential reuse may specify ground-floor retail space or other non- one or more uses under the list below. A parking and active use space along all modification of the conditional use approval is street frontages. Such retail or active required for a change to any of the uses below space shall maintain a minimum depth of which were not specified in the initial or 30 feet from all street-facing façades of subsequent conditional use approval. the structure. 1. General offices <5,000 square feet 2. The Planning Board may waive the 2. General services <5,000 square feet requirement for ground-floor retail or 3. Restaurants other non-parking and active use space 4. Retail <5,000 square feet 6-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 522 USE STANDARDS upon demonstration that the project meets at least one of the following criteria: a. The applicant demonstrates that steepness of grade or the character of the adjacent street does not support retail or other non-parking and active use space. b. The ground floor of the garage is set back a minimum of 35 feet from the street right-of-way, and its design does not serve as an impediment for the development standards:of space 3. In cases where the Planning Board waives between the structure and the right- the requirement for ground-floor retail or of-way for retail or other non-parking other non-parking and active use space, and active use in the future. Any such garages shall be designed to enhance the space located between the structure pedestrian experience and disguise the and the right-of-way shall not be used parking use to the greatest extent possible. for surface parking. Use of traditional storefront design c. The applicant demonstrates, to the concepts and traditional building materials satisfaction of the Planning Board, is encouraged. that market support for ground floor retail or other non-parking active uses 6.4.28 Office parks does not currently exist. In such cases, A. Office parks shall have a minimum gross area of the structure of the garage shall be three acres of contiguous land, consisting of designed to accommodate such either an Office Park Planned Unit spaces in the future as follows: Development (OPPUD) on one lot with one or more buildings and with driveways and open areas to be owned and maintained in common, or an office park subdivision (OPS) on one parceland may be developed with two or more lots intended for separatemultiple buildings on a single lot under common ownership. , or as a coordinated development on multiple parcels under unified control or management. B. DevelopmentOffice park development proposals shall include a master plan of the office park. The master plan, which shall include the following: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-29 Page 523 USE STANDARDS 1. For an OPPUD proposal. The location of 1.12. Any other information necessary and the building(s) on the site;. sufficient to ensure compliance with the 2. The location of infrastructure ofon the standards in this subsection. site; identification. 2. For an OPS proposal. Delineation of the 3. The location of all common areas and subdivision of land; infrastructure of the landscape buffers. site; identification of common areas, if any; 4. Identification of traffic circulation patterns, traffic circulation; desired architectural traffic controls, and parking areas, character, including private development including demonstration that additional restrictions to ensure compatibility of traffic generated by the project itself can architectural character of future buildings be reasonably accommodated on existing with each other; phasing and timing of the public streets. development; private development 5. Identification of internal sidewalks, restrictions; and such other information as illustrating the manner in which the necessary and sufficient to ensure developer will provide this amenity to take compliance with the standards in this advantage of the topography and natural subsection. features of the site. C. Development proposals shall demonstrate a 6. Building elevation drawings which indicate reasonably unified design of the site, including architectural style, exterior finishes and the architecture, the layout of the buildings, color, building height and scale, and pedestrian and vehicular circulation plan, open location and scale of window and door space, drainage, and the topography, soil openings. Samples of exterior building conditions, vegetation and other natural materials shall also be submitted. features of the site. Integration of open spaces 7. ; traffic circulation, architectural and natural features shall be achieved by characterThe location and treatmentstyle incorporation of outdoor amenities for the of lighting to be used in the benefit of users of the site, such as jogging and building(s);development. walking trails, gardens, and benches. 8. Identification and description of all C. Development proposalsOffice parks shall proposed building envelopes;signage. include a landscape program. that meets the 9. A description of phasing and timing of the following standards. development;. 1. All land areas not covered by structures, 10. A description of any proposed private parking areas, or circulation facilities shall development restrictions; and such. be landscaped and maintained. In order to 11. Delineation of the subdivision of land, if D.2. To soften the visual impact of large proposed as a coordinated development expanses of pavement in parking lots, on multiple parcels. vegetation shall be planted or retained in islands or planting strips where required by the site plan or subdivision ordinance. 6-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 524 USE STANDARDS E. Parking may not Landscape buffers shall be J.1. All buildings shall be designed or approved located in the required front setback. If parking by a registered architect in the State of is provided in the area between the building Maine and shall be in conformance with and minimum setback line, the parking area the proposed master plan. The scale, must be adequately screened with landscaping texture, color and massing of the buildings materials and permanently maintained. shall be coordinated. The full range of high F. Development proposals shall include internal quality, permanent, and traditional or sidewalks, illustrating the manner in which the contemporary building materials and developer will provide this amenity to take technology may be incorporated in a advantage of the topography and natural manner so that the development as a features of the site. whole embodies distinguishing attributes G.3. Development proposals shall include that achieve the developer’s desired buffering yard to screen areas abutting a degree of excellence and are in residential zone or residential use, and to conformance with the architectural screen parking lots and driveways from guidelines provided in the private public view, identifying the location, development restrictions. Particular composition, and maintenance of the emphasis shall be placed on the buffer.. The buffer and screening shall be appearance of building facades from public of a dense and continuous nature and shall streets, from driveway and parking areas, incorporate trees, shrubs, fencing, berms, and from other nearby buildings. Building and related elements deemed necessary. elevation drawings shall be submitted H.D. Development proposalsOffice parks shall which indicate architectural style, exterior identify consider and be sensitive to the extent finishes and color, building height and to which the developer shallneed to preserve scale, and location and scale of window natural features includingon site. Natural and door openings. Samples of exterior features include, but are not limited to, existing building materials shall also be submitted. vegetation, flood plainsfloodplains, rock K.E. Development proposals shall identify the outcroppings, surface water bodies, drainage location and style of lighting to be used in the swales and courses, and wetlands; provided any development. All light fixtures shall be hooded such program shall consider and be sensitive to or shielded so that the light shines downward. the need to preserve such natural features. I. Development proposals shall identify all 6.4.29 Parks and open spaces proposed traffic controls, parking areas, In the OS-P zone, parks and open spaces shall be interior traffic circulation, and demonstrate limited to passive recreational use, including but that additional traffic generated by the project not limited to trails and paths for pedestrians and itself can be reasonably accommodated on bicyclists, and areas for fishing, hiking, wildlife existing public streets. management and conservation activities. Essential services shall also be permitted. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-31 Page 525 USE STANDARDS 6.4.30 Places of assembly 6.4.33 Recycling and solid waste disposal A. In all RN zones, construction of a new principal facilities building as a place of assembly is permitted Within the I-M/I-Mb zone, recycling and solid waste only on lots with frontage on collector or disposal facilities are permitted within an enclosed arterial roads. Places of assembly are allowed structure only. on streets of any classification as adaptive reuse of existing structures that are 6.4.34 Restaurants nonresidential in their original construction L. In the B-1 zone, restaurants are limited to a and/or current use as of the effective date of maximum of 2,000 square feet in gross floor this Code. area, shall not operate between the hours of 11 B. Places of assembly in the B-1, I-L, and I-Lb zones p.m. and 6 a.m., and shall not accept deliveries are limited to 10,000 square feet or less in or services between the hours of 10 p.m. and 7 gross floor area. a.m. Development proposals shall identify all proposed signage. Signs shall be designed in 6.4.31 Post-secondary schools proportion and character with the building A. In any residential zone, expansion of existing facades. All signs shall be constructed of post-secondary schools onto land other than permanent materials and shall be coordinated the lot(s) on which the principal use is located with the building and landscaping design shall be subject to a determination that the through the use of appropriate materials and proposed use cannot be reasonably finishes. accommodated on the existing lot(s) through more efficient utilization of land or buildings, 6.4.16 Planned unit development in the IR-3 zone and will not cause significant physical In addition to other applicable reviews, no encroachment into established residential development shall occur nor shall any new use be areas. established in the IR-3 zone unless the Planning B. In any residential zone, a new post-secondary Board finds that the final development plan for the school or expansion of an existing post- site is in compliance with the following standards: secondary school shall not cause displacement M. The development shall demonstrate a or conversion of existing residential uses. reasonably unified response to the design possibilities of the site, by virtue of such 6.4.32 Printing and publishing elements as the design and layout of buildings Printing and publishing in the B-3, B-5, B-6, and O and lots, circulation plan, open space, drainage, zones is limited to a maximum of 10,000 square and orientation to achieve energy conservation feet in gross floor area, unless an expansion of a or solar access, to form a functionally printing and publishing establishment greater than integrated whole. 10,000 square feet and in existence as of 4/4/1988. N. The design and layout of the development and buildings shall be reasonably compatible with the surrounding neighborhood by virtue of 6-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 526 USE STANDARDS such features as architectural style, exterior transportation system, including docking finish, scale, circulation, open space, facilities, exists or will be provided. landscaping, and preservation of natural site S. Adequate provision for off island solid waste amenities. disposal shall be demonstrated such that the O. All open spaces on the site shall be functionally impact on municipal solid waste disposal is integrated into the development plan by virtue minimized. A development shall incorporate of such features as accessibility to residents, methods such as the following to reduce the recreation, conservation of existing public amount of solid waste generated by the rights of access to shoreland areas and scenic project: compaction and reduction in waste natural areas, orientation to achieve energy volume, recycling, incineration or baler system, conservation or solar access, preservation of and private collection and transfer to an off- natural site amenities, and use as a buffer island location. It shall be demonstrated that between the development and the surrounding there will be no significant environmental neighborhood. impacts from the solid waste disposal system. P. The development shall be designed primarily T. All sanitary waste from the development shall with a pedestrian orientation to minimize the be disposed of by a public sewer, private use of and dependency on private motor community sewer system providing at least vehicles. Appropriate areas on the site shall be secondary treatment, or subsurface sewerage designated, as necessary, for parking of system, in compliance with federal, state and common service vehicles, golf carts or bicycles local regulations. The developer shall to serve the transportation needs of residents demonstrate that the project will comply with and visitors. The internal circulation plan shall all applicable federal, state and local water also be coordinated with the existing island quality and groundwater standards. street network to ensure adequate access for U. The proposed development shall have emergency and service vehicles. sufficient water for the reasonably foreseeable Q. A project construction plan shall be developed needs of the development and shall not cause indicating the anticipated number and types of an unreasonable burden on existing water vehicles such as construction equipment, supply nor adversely affect groundwater supply delivery and service vehicles needed for resources. Unless the development is to be undertaking the construction of the project. served entirely by public water and secondary Documentation shall be provided as to the treatment sewer systems, the determination of proposed transportation route such as roads, compliance with this provision shall be based piers, beaches, sand bars and the impact of upon one or more comprehensive construction related activities on the routes. groundwater analyses and reports prepared by R. The development shall not have a substantial qualified professionals and including adverse impact on the capacity of existing assessment of current groundwater aquifer island docking facilities. The developer shall conditions, the impact of the proposed demonstrate that an adequate water development on the groundwater aquifer, and FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-33 Page 527 USE STANDARDS recommendations for mitigation of potential Z. The applicant shall develop an environmental impacts caused by the development. impact analysis including an inventory of V. The development shall preserve the natural existing environmental conditions at the features of the shoreland area by minimizing project site and in the surrounding area with an the disturbance of existing vegetation and assessment of the development's probable slopes, avoiding development in areas subject impact upon the environment. The inventory to erosion and sedimentation, and conserving shall include such resources as air, water scenic views and vistas to and from the site. quality, water supply, surface water and W. The development plan shall preserve significant shoreline, geology, soils, topography, wildlife, resources of the site by integrating open space botanical and aquatic, including rare and into the development plan and by conserving endangered species, historic, archeological and such features as scenic vistas, historic man aesthetic. The analysis shall include the direct made or natural features, existing vegetation, and cumulative adverse impacts of the project wetland areas, shoreland areas, ground water, on these resources. The analysis shall also natural wildlife habitat, and recommended or include what steps the applicant proposes to registered State of Maine Critical Land Areas, as take to identify and minimize adverse well as other environmentally sensitive areas. environmental impacts during construction, X. All open spaces on the site shall be functionally management and use of the property and integrated into the development plan by virtue whether there are alternatives for the project of such features as passive and active which would decrease the impact of the recreational opportunities, accessibility to development. residents, preservation of natural site amenities AA. If the project is to be completed in phases, the and resources, orientation to achieve energy applicant shall indicate the schedule for conservation or solar access, use as a buffer completing and implementing infrastructure between housing clusters and to screen the improvements as well as other improvements, development from surrounding areas. agreements or services required for Y. The applicant shall demonstrate sufficient compliance with the development standards of financial and technical capability for this subsection, planned unit development undertaking the proposed project. Financial standards, and site plan and subdivision review capability shall include a cost estimate of the requirements. proposed improvements, proposed BB. The development shall not place an construction and permanent financing, and unreasonable burden on the ability of the City terms of sale or lease of dwellings and to provide police, fire, and other emergency commercial space. Technical capacity shall services. include the experience and expertise of the A. Food service and consumption shall be the developer in implementing projects of similar primary function. scope. B. In the B-6 zone, restaurants located east of Waterville Street within 50 feet of Fore Street 6-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 528 USE STANDARDS shall be limited in hours of operation to 1. Outdoor self-storage facilities shall be between 5 a.m. and 11 p.m. each day, and food oriented so that storage unit access doors service and consumption shall be the primary do not face the public right-of-way. function of the restaurant. 2. Outdoor self-storage facilities are allowed to include an area for storage of 6.4.35 Residential care facilities recreational vehicles. Storage areas for In the residential zones, large residential care recreational vehicles shall be located in the facilities shall require a minimum lot area of 20,000 rear yard. square feet. 3. No storage of recreational vehicles is allowed within 25 feet of any rear lot line. 6.4.176.4.36 Retail in the B-3/B-3b/B-3c and No storage of recreational vehicles is B-5/B-5b zones allowed within 30 feet of any interior side A. In the I-B zone, retail uses are limited to a lot line. No storage of recreational vehicles maximum of 10,000 square feet in gross floor is allowed within 50 feet of any front or area. corner side lot line. B. In the B-1 zone, retail uses are limited to a 4. If storage areas for recreational vehicles maximum of 5,000 square feet in gross floor are provided, they shall be screened along area, and shall not operate between the hours interior side and rear lot lines with a solid of 11 p.m. and 6 a.m., and shall not accept fence or wall, a minimum of six feet and a deliveries or services between the hours of 10 maximum of seven feet in height. Shrubs p.m. and 7 a.m. shall be planted and spaced sufficiently to C. Retail in the B-3 and B-5 zones shall not include form a continuous linear hedgerow at wholesale andor bulk purchase sales of lumber plant maturity; plantings shall be placed and construction supply salessupplies, truck inside the fence oriented toward the rental establishments, sales, rental, and repair interior of the lot. of heavy equipment, or wholesale establishments, including establishments where 6.4.18 6.4.38 Solar energy systems (major membership is required. and minor) A. In general 6.4.37 Self-storage facility CC.1. All solar energy systems shall A. Storage units shall not be used for residential meet the technical, safety, and occupancy or business. maintenance standards in the City of B. Plumbing connections shall not be permitted in Portland Technical Manual. self-storage units. 2. Solar energy systems shall minimize C. The following additional standards apply to self- impacts resulting from construction and storage facilities with units accessed directly maintenance of the solar energy system, from the outdoors: including lighting, security measures, traffic, and grid connections. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-35 Page 529 USE STANDARDS DD.3. Solar panel placement shouldshall II.a. Solar energy systems shall minimize minimize or negate any solar glare impacts resulting from construction impacting nearby properties or roadways, and maintenance of the solar energy without unduly impacting the functionality system, including lighting, security or efficiency of the solar energy system. measures, traffic, and grid EE. All applicants are encouraged to ensure the connections. maximum solar energy generation from their JJ.4. Where permitted in residential system by obtaining solar access easements. zones, and in the B-1/B-1b, B-2/B-2b/B-2c, B- Solar access easements may be filed consistent 3/B-3b/B-3c, B-7 and waterfront zones, all with Maine state law. Minor ground-mounted solar energy B. SolarGround-mounted solar energy systems systems shall be co-located with other land 1. Ground-mounted solar energy systems are uses.a minimum 50 feet from all RN zones, only permitted in the B-4, I-L, I-Lb, I-M, I- and the B-1 and B-2/B-2b zones. Mb, I-H, and A-B zones. 5. Major ground-mounted solar energy FF.2. Ground-mounted solar energy systems shall be located at least 75 feet systems shall be located away from and from all RN zones, and the B-1 and B-2/B-2b screened from public ways and nearby zones. residential/institutional uses to the extent 6. The absolute height of any ground- possible and shall be designed so as to mounted solar energy system shall be no minimize impacts on significant scenic more than 20 feet above the ground as views. measured from the base of the support. GG.3. Layout and fencing for ground- 7. The following components of a ground- mounted systems shall be integrated with mounted solar energy system shall be existing landscape and minimize removal of counted as impervious in the calculation of vegetation to the extent possible. landscaped open space ratio: HH. Where any part of the proposed solar energy a. Foundation systems, typically system (including associated facilities) is within consisting of driven piles, monopoles, a historic district, such development shall be or helical screws with or without small reviewed and approved by the Planning concrete collars or weighted ballast. Authority in accordance with Article 17. Where b. All mechanical equipment of the solar any part of the proposed solar energy system energy system, including maximum (including support structures and associated horizontal extents of any concrete pad facilities) is within 100 feet of any designated or any pad mounted structure for landmark, historic district, or historic landscape batteries, switchboard, transformers, district, such development shall meet the or storage cells. standards of Article 14 regarding compatibility c. Paved access roads servicing the solar with the landmark or historic district. energy system. C. Roof-mounted solar energy systems 6-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 530 USE STANDARDS 1. Roof-mounted solar energy systems are highest point of the roof surface upon not included in the calculation of maximum which they are mounted. structure height. 2. Solar energy systems mounted on flat 6.4.17 Tow lots roofs shall meet the following standards: Tow lots must be at least 300 feet from any a. In residential zones, solar energy residential zone or conforming residential systems mounted on flat roofs are use limited to a height of 5 feet above the surface of the roof upon which they 6.4.39 Utility substations are mounted, and shall be set back A. Utility substations shall be as small in size as from the edge of the roof one foot for practicable, and shall be set back a minimum of every one foot of solar energy system 35 feet from any right-of-way, not including height. limited-access roads. b. In B-4 and industrial zones, flat roof- B. Substations shall be suitably screened and mounted systems are not subject to landscaped so as to ensure compatibility with limitations on height, or to a required the surrounding neighborhood. residentialThe setback. remainder of the lot not occupied by the utility c. In all other zones, solar energy substation and its related access shall be systems mounted on flat roofs are designed and designated for future limited to a height of 8 feet above the development. surface of the roof upon which they C. In the OS-R zone or conforming residential, are mounted, and shall be set back sewage pumping and treatment facilities shall from the edge of the roof one foot for be permitted. Water pumping stations shall be every one foot of solar energy system treated as a conditional use and subject to the height. additional standards of subsection 6.5.6. 3. Solar energy systems mounted on pitched roofs shall meet the following standards: 6.4.40 Warehousing and distribution facilities a. Solar energy systems on pitched roofs A. Warehousing and distribution facilities in the I- shall be mounted with a maximum L and I-Lb zones are limited to a maximum of distance of one foot between the 10,000 square feet in gross floor area. surface of the roof to the highest B. No outdoor storage is permitted as a point of the system. component of warehousing and distribution in b. Solar energy systems on pitched roofs the B-4 and I-L/I-lb zones, except for boat shall be installed parallel to the roof storage. surface on which they are mounted. c. Solar energy systems on pitched roofs 6.4.19 6.4.41 Wind energy systems (major may not extend higher than the and minor) A. General FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-37 Page 531 USE STANDARDS KK.1. All wind energy generation a distance equal to or greater than 1.1 equipment shall be approved under a times the total height of the system, certification program approved by the U.S. measured from the base of the system to Department of Energy such as the the top of the system at maximum vertical Underwriters Laboratories, Germanishcer rotation. The setback distance shall be Lloyd Wind Energies, or other similar measured to the center of the wind certifying organizations. Experimental, generator base. homebuilt, and prototype models shall not 2. Major ground-mounted wind energy be permitted. systems shall be set back from all property LL.2. Wind energy systems and boundaries and street right-of-way lines by associated facilities, including foundations a distance equal to or greater than 1.5 and support structures, electrical times the total height of the system, connections and, control equipment, and measured from the base of the system to associated site improvements, and the top of the system at maximum vertical construction techniques, shall be designed, rotation. The setback distance shall be engineered, and installed to comply with all measured to the center of the wind applicable local, state, and federal generator base. construction and electrical regulations and C. Height Federal Aviation Administration 1. Ground-mounted wind energy systems are regulations. Applicable state and local limited to a maximum height of 65 feet in approvals shall be obtained prior to the B-2/B-2b, B-5, and B-6 zones. installation of any wind energy system. 2. All moving components of a ground- 3. All on-site electrical wiring associated with mounted wind energy system shall be a the proposed wind energy system shall be minimum of 12 feet from ground level or located within the tower/pole/supporting accessible surface. structure or underground. Above ground D. Siting and placement on-site connections near substations or to 1. No wind energy system shall be located the electric grid shall be allowed. within 250 feet of any significant wildlife 4. Wind energy systems shall be designed to habitat, as defined by the Maine avoid electromagnetic interference with Department of Environmental the transmission or reception of radio, Protection/Maine Department of Inland telephone, television, microwave, Fisheries and Wildlife under provisions of navigational, or similar signals to the Natural Resources Protection Act (38 neighboring areas. M.R.S. § 480 et seq.) including wildlife B. Setbacks habitat for species appearing on the official 1. Minor ground-mounted wind energy state and federal list of endangered or systems shall be set back from all property threatened animal species. boundaries and street right-of-way lines by 6-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 532 USE STANDARDS 2. For all major and minor wind energy visible, reflective, colored objects, such as systems, or any system over 100kW, flags, reflectors, or tape, which shall be evidence shall be provided that the placed on the anchor points of guy wires Environmental Coordinator of the Maine and along the guy wires up to a height of Department of Inland Fisheries and ten feet from the ground. Wildlife and the Maine Natural Area 5. No wind energy system shall be located Program have been notified of the within 250 feet of any significant wildlife location, height, and design of the habitat, as defined by Ground-mounted proposed wind energy system at least wind energy systems shall be located away three weeks prior to any final from and screened from public ways and determination under this subsection. Any nearby residential/institutional uses to the comments received therefrom shall be extent possible and shall be designed to addressed to the satisfaction of these state minimize impacts on significant scenic authorities prior to any final determination views. under this provision. E. Illumination and signs MM.3. The support structure (e.g. tower, QQ.1. Maine Department of pole) for freestandingground-mounted Environmental Protection/Maine wind generating systems shall not be Department of Inland Fisheries and climbable for a minimum height of 12 feet Wildlife under provisions of the Natural above the surrounding ground level or Resources Protection Act (38 M.R.S. § 480 accessible surface.. All ground-mounted et seq.) including wildlife habitat for electrical and control equipment shall be species appearing on the official state and labeled and secured to prevent federal list of endangered or threatened unauthorized access. animal species. NN. All moving components of a wind energy RR.1. For all wind energy systems over system shall be a minimum of 12 feet from 45 feet in height above the ground or over ground level or accessible surface. 100kW, evidence shall be provided that the OO.1. All on-site electrical wiring Environmental Coordinator of the Maine associated with the proposed wind energy Department of Inland Fisheries and system shall be located within the Wildlife and the Maine Natural Area tower/pole/supporting structure and Program have been notified of the underground. Above ground on-site location, height, and design of the connections near substations or to the proposed wind energy system at least electric grid shall be allowed. three weeks prior to any final PP.4. The use of guy wires is determination under this subsection. Any discouraged. If required, they shall be comments received therefrom shall be located away from pedestrian addressed to the satisfaction of these state routes/access points and marked with FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-39 Page 533 USE STANDARDS authorities prior to any final determination feet of any designated historic landmark, which under this provision. shall include Portland Observatory, Cathedral SS.1. Wind energy systems shall be of Immaculate Conception, St. Dominic’s designed to avoid electromagnetic Cathedral, St. Luke’s Cathedral, State Street interference with the transmission or Church, and City Hall. reception of radio, telephone, television, XX. Wind energy systems within R-OS zones are microwave, navigational, or similar signals allowed only where they are co-located within to neighboring areas. public industrial or utility facilities. TT. Wind energy systems and associated facilities YY. Systems shall be screened with a vegetated shall use non-reflective materials and neutral buffer from public areas and residential colors and textures that blend in with the buildings. surrounding environment. Ground-mounted systems and associated facilities shall be 6.5 CONDITIONAL USESUSES landscaped to integrate the proposed wind 6.5.1 Conditional use review procedure energy system into the existing A. Review authority. The Zoning Board of landscape/streetscape. Appeals shall review all conditional use UU.1. No part of the system may be applications, with the exception that the illuminated, except as required by the Planning Board shall review: Federal Aviation Administration (FAA) or 3. All conditional use applications in the B- other authorities for safety and security 3/B-3b/B-3c, B-5/B-5b, B-6, and B-7 zones. purposes. Where lighting is required, it 4.A. All all conditional use applications shall be at the lowest intensity allowable associated with projects that are otherwise with fixtures shielded and directed to before the Planning Board. minimize glare and visibility from the 5. Conditional use applications for specific ground. uses for which the Planning Board is VV.2. There shall be no signs, identified as the review authority under advertisements, flags, or decorative items Subsection 6.5.6. on a wind energy system or any associated B. Application. Applications for conditional use facilities, except for the review shall be submitted to the Building manufacturer’s/installer’s/owner’s Authority for all Zoning Board of Appeals identification (not exceeding one square reviews and the Planning Authority for all feet in size), appropriate warning signs, or Planning Board reviews. A nonrefundable lights if required by the FAA. application fee, as established from time to WW. Wind energy systems shall be prohibited time by the City Council to cover administrative within any historic landscape district, any costs and costs of a hearing, shall accompany historic cemetery, any historic district, except each application. The application shall be in the Congress Street Historic District where it such form and shall contain such information coincides with the B-3 zone, or within 1,000 6-40 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 534 USE STANDARDS and documentation as shall be prescribed from required are not substantially greater than time to time by the review authority. would normally occur at surrounding uses or C. Public hearing. A public hearing shall be set, other allowable uses in the same zone. advertised, and conducted by the review B. The proposed use will not create unsanitary or authority in accordance with Article 2 of this harmful conditions by reason of noise, glare, Land Use Code. dust, sewage disposal, emissions to the air, D. Action. Within 30 days following the close of odor, lighting, or litter. the public hearing, the review authority shall C. The design and operation of the proposed use, render its decision, in a manner and form including but not limited to landscaping, specified by Article 2 of this chapter, approving screening, signs, loading, deliveries, trash or the conditional use, approving the conditional waste generation, arrangement of structures, use subject to conditions as specified in and materials storage will not have a Subsection 6.5.3, or denying it. The failure of substantially greater effect/impact on the review authority to act within 30 days shall surrounding properties than those associated be deemed an approval of the conditional use, with surrounding uses or other allowable uses unless such time period is mutually extended in in the zone. writing by the applicant and the review D. The proposed use will meet any additional zone authority. Within five days of such decision or or use-specific standards identified in Tables 6- the expiration of such period, the Building A to 6-FG and SubsectionsSection 6.5.6 and Authority or Planning Authority shall mail 6.5.74. notice of such decision or failure to act to the applicant and, if a conditional use is authorized, 6.5.3 Conditions on conditional use approvals list therein any and all conditions imposed by The review authority may impose such reasonable the review authority. conditions upon the premises benefited by a conditional use as may be necessary to prevent or 6.5.2 General conditional use standards minimize adverse effects therefrom upon other The review authority shall, after review of the property in the neighborhood. Such conditions shall application, approve a conditional use upon a be expressly set forth in the resolution authorizing finding that the proposed conditional use, at the the conditional use. Violation of such conditions size and intensity contemplated at the proposed shall be a violation of this article. location, will not have substantially greater negative impacts than would normally occur from 6.5.4 Effect of issuance of a conditional use surrounding uses or other allowable uses in the approval same zone. The review authority shall find that this The approval of a conditional use shall not authorize standard is satisfied if it finds that: the establishment or extension of any use nor the A. The volume and type of vehicle traffic to be development, construction, reconstruction, generated, hours of operation, expanse of alteration, or moving of any building or structure, pavement, and the number of parking spaces but shall merely authorize the preparation, filing. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-41 Page 535 USE STANDARDS and processing of applications for any permits or shall be constructed, installed, and approvals which may be required by the City of maintained so as to ensure the safety of Portland Code of Ordinances, including but not the public. Such signs shall advertise only limited to a building permit, a certificate of services or goods available on the occupancy, subdivision approval, and site plan premises. approval. 8.A. No ingress and egress driveways shall be located within 30 feet from an intersection. No 6.5.5 Limitations on conditional use approvals entrance or exit for vehicles shall be in such No conditional use approval shall be valid for a proximity to a playground, school, church, period longer than six monthsthree years from the other places of public assembly, or any date of approval, or such other time, not to exceed residential zone that the nearness poses a two years, as may be fixed at the time granted, threat or potential danger to the safety of the unless the conditional use has been commenced or public. a building permit is issued and construction has 9.A. A landscaped buffer, no less than five feet wide, begun within that period and is thereafter diligently shall be located along street frontages pursued to completion, provided, however, that one (excluding driveways). The, buffer shall consist or more extensions of said time may be granted if of a variety of plantings in accordance with the the facts constituting the basis of the decision have City of Portland Technical Manual. not materially changed and the two year period is 10.A. Car washes shall be designed to avoid the not exceeded thereby. A conditional use approval tracking of residual waters into the street. shall be deemed to authorize only the particular use AAA.6.4.1 Emergency shelters for which it was issued and such approval shall 11.A. The facility shall provide adequate space automatically expire and cease to be of any force or for conducting security searches and other effect if such use shall for any reason be assessments. discontinued for a period of 12 consecutive months 12. The facility shall be designed with a or more. centralized shelter operations office on each level providing sight lines to sleeping 6.5.6 Supplemental use-specific conditional use areas. standards 13.A. A management plan adequately outlining In addition to the general conditional use standards, the following areas shall be provided: the following standards shall apply to specific management responsibilities; process for conditional uses: resolving neighborhood concerns; staffing; ZZ.6.4.1 Automobile, boat, and related access restrictions; on-site surveillance; safety dealerships and auto service stations measures; controls for resident behavior and 6. The Planning Board shall be the review noise levels; and monitoring reports. authority. 14.A. Adequate access to and from METRO 7. Signs shall not adversely affect visibility at service shall be provided. The facility shall be intersections or access drives. Such signs within a ¼ mile of a METRO line, or shall be 6-42 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 536 USE STANDARDS within ½ mile of a METRO line and provide offices shall not exceed the equivalent adequate indoor space to permit all shelter of four full time employees. guests day shelter, as well as implement d. Any additions or exterior alterations strategies to help residents utilize transit. shall be compatible with the 15.A. The facility shall provide on-site services to architecture of the building and support residents, such as case management, maintain the residential appearance of life skills training, counseling, employment and the building. Construction of a new educational services, housing assistance, or building shall be compatible with the other programs. architectural character of the 16.A. Suitable laundry, kitchen, pantry, bicycle surrounding area. storage, and secure storage facilities for shelter 20. The scale and surface area of parking, stayers shall be provided on-site. driveways, and paved areas shall be 17. An outdoor area for guest use shall be arranged and landscaped to be compatible provided on-site with adequate screening in size and scale with neighboring to protect privacy of guests. properties in the area and to properly BBB. General office in the R-6 & R-6a zones screen vehicles from adjacent properties 18. Offices shall serve a member of a and streets. recognized profession and be maintained CCC. High-tech manufacturing for the conduct of that profession. 21. A minimum of 1/3 of the total square Professional office stadiums, solar energy footage devoted to manufacturing shall be systems, water pumping stations, wind conducted in a laboratory environment, in energy systems, and accessory uses do not a controlled environment with specialized include veterinary offices. air handling systems that exceed levels for 19. For the use of any building designed or pressurization and filtration found in office constructed for residential use, which was environments and traditional in use as a residence on April 18, 1984, or manufacturing facilities. thereafter: 22. Rooftop equipment shall be integrated into a. A professional office shall not be the overall building design and shall be located within structures of 2,500 feet screened as necessary. of another as measured along the 23. In the B-7within the OS-R zone, accessory street line to the respective property warehousing is permitted. Where warehousing lines. cannot be located on the same lot because the land b. A building with onesquare feet or area is too small to accommodate the warehousing more professional offices shall have at on the same lot, one remote warehouse may be least 50% of the total floor area of the located within 600 feet of the principal use building devoted to residential uses. referenced above.: c. The total number of individuals 24. In the O-P zone, truck traffic serving a working in a building of professional single manufacturing business or FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-43 Page 537 USE STANDARDS institution shall not exceed, on a regular adjacent public streets shall not have a basis, more than two tractor-trailer truck more intensive impact than any use on deliveries per week. No deliveries shall be the site within the last five years. accepted between 7:00 p.m. and 7:00 a.m. j. Any buildings located in a PAD Overlay DDD. Industrial uses Zone shall be subject to the 25. In the B-2/B-2b/B-2c zones requirements of Section 8.7 in e. The Planning Board shall be the review addition to the requirements of this authority. subsection. f. The site shall have an adequate traffic k. For buildings that either were not in circulation pattern designed to avoid existence on March 11, 1991, or were in hazards to vehicular circulation on existence on that date but were either adjoining streets. All stacking of motor in use for any permitted use in the B-3 vehicles shall be on site, and loading zone or were designed or constructed facilities shall be located to the rear of for any such use: the building and shall not be visible from the street. g. The exterior design of the structures, including architectural style, facade materials, roof pitch, building form, established setbacks, and height shall be of a commercial rather than industrial character. The site shall contain screening and landscaping which shall meet the requirements of Article 14 for screening between land 27. In the B-5/B-5b zones uses and the City of Portland l. Truck loading and access and vehicle Technical Manual. parking shall be located in the rear or 26. In the B-3/B-3b/B-3c zones side yard of the site where possible. h. The floor area devoted to industrial m. Street frontage shall be designed for use shall not exceed 10,000 square pedestrian scale or interest. feet. For a building in existence on n. Shared infrastructure to the extent March 11, 1991, the floor area shall not practicable, including, but not limited exceed 10,000 square feet or 50 to, service alleys, parking areas, percent of the total floor area, stormwater treatment, public whichever is greater. transportation facilities, and i. The associated vehicular loading, driveways, shall be utilized. unloading, parking, circulation, and 28. In the B-6 zone. No brew pubs or traffic volumes on the site and on microbreweries east of Waterville Street 6-44 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 538 USE STANDARDS shall be permitted within 50 feet of Fore 34. In the case of private club or fraternal Street. organizations, any such establishment EEE. Institutional uses (excluding preschools) serving alcoholic beverages or in 29. The Planning Board shall be the review possession of a license for serving authority. alcoholic beverages shall meet the 30. In the case of expansion of existing minimum lot size requirement for places of institutional uses onto land other than the assembly greater than 10,000 square feet. lot on which the principal use is located, it 35. Post-secondary schools in the R-2 zone shall be demonstrated that the proposed shall only be permitted on a collector or use cannot reasonably be accommodated arterial road. on the existing site through more efficient 36. In the case of a post-secondary school utilization of land or buildings, and will not within the R-5 zone and not including the cause significant physical encroachment USM Overlay Zone, such school may build into established residential areas. principal structures to a height of 55 feet if 31. The proposed use shall not cause the following standards can be met: significant displacement or conversion of s. Minimum lot size: 10 acres which may residential uses existing as of June 1, 1983, include adjacent land owned by the or July 15, 1985 in the IR-1 and IR-2 zones, or institution on both sides of a public thereafter. street. 32. In the case of a use or use expansion which t. Minimum setback between buildings constitutes a combination of the on-site: 20 feet. conditional institutional uses with capacity u. Minimum setback from external for concurrent operations, the applicable property boundary: 30 feet, except minimum lot sizes shall be cumulative. that parking garages over 35 feet in 33. In the case of community halls: height must be located 50 feet from o. The structure shall have been in external property boundaries when existence as of January 4, 2010. adjacent to an adjoining residential p. The structure shall have been built for use. institutional or other non-residential v. The area between the structure and uses. adjoining residential uses must be q. The structure shall be operated by, or adequately screened with appropriate operated subject to the control of, a landscaping or other features to not-for-profit entity in accordance buffer the building and effects thereof with its not-for-profit purposes. (i.e. noise, light, etc.) from abutting r. A parking management plan shall be properties. submitted for review and approval by FFF. Multi-family the Planning Board. 37. In the R-3 and R-5 zones. Alteration of a structure existing and not in residential use FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-45 Page 539 USE STANDARDS as of January 1, 1984 to three or more ee. A below grade dwelling unit shall be dwelling units shall be permitted as a permitted only if access is provided conditional use provided that: directly to the outside of the building. w. No open outside stairways or fire ff. Density shall be determined by the escapes above the ground floor shall most restrictive abutting residential be constructed or have been zone, except for those lots which are constructed in the immediately served by public water and sewer, preceding five years. where density shall be determined by x. 3,000 square feet of land area per the least restrictive abutting dwelling unit shall be required. residential zone. If no residential zone y. A lower level dwelling unit shall have a is abutting, density shall be minimum of one-half of its floor-to- determined by the nearest residential ceiling height above the average zone. Residential uses shall meet the adjoining ground level. requirements of such abutting or z. Any addition or exterior alteration, nearest residential zone. such as change in façade materials, gg. Any additions or exterior alterations building form, or roof pitch, shall be shall be compatible with the original designed to be compatible with the architecture of the building. The architectural style of the structure. exterior design of new construction, aa. In the R-3 zone, any addition or including the architectural style, exterior alteration shall be limited to a facade materials, roof pitch, building gross floor area equal to or less than form, and height shall be compatible 25% of the total existing floor area as with neighboring properties. of June 13, 2018. hh. No existing dwelling unit shall be bb. Paved areas shall be designed to be decreased to less than 1,000 square compatible in size and scale with feet of floor area. neighboring properties in the area and ii. No additional dwelling unit shall have properly screened from adjacent less than 600 square feet of floor streets. area, exclusive of common hallways 38. In the I-B zone and storage in basement and attic. cc. Multi-family buildings shall have a jj. All sanitary waste shall be disposed of maximum of four units. by a public sewer, subsurface dd. No open outside stairways or fire sewerage system, or other method in escapes above ground floor shall be compliance with all applicable federal, constructed or have been constructed state and local regulations. in the immediately preceding five kk. There shall be sufficient water for the years. needs of the dwellings such that the use does not cause an unreasonable 6-46 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 540 USE STANDARDS burden on an existing water supply 41. Structured parking in the B-6 and B-7 nor adversely affect groundwater zones resources. pp. Parking garages shall incorporate first GGG. Off-street parking floor retail space or other non-parking 39. In the R-3, R-4, and R-5 zones and active use along all street ll. Off-street parking must be designed frontages. to satisfy the parking requirement of a qq. The Planning Board may waive the use located in and conforming with requirement for first floor mixed-use the provisions of a nearby mixed-use upon demonstration that the project or industrial zone. meets one or more of the following mm. The lot on which the parking is criteria: proposed must be located wholly i. The applicant demonstrates that within 300 feet, measured along lines steepness of grade or the of public access, from the use which character of the adjacent street requires the off-street parking. will not support retail or first- nn. The lot where the off-street parking is floor mixed use in the foreseeable proposed shall be under the control future. of the owner of the use which ii. The first floor of the garage is set requires the off-street parking. back a minimum of 35 feet from Evidence of such control by deed or the street right-of-way and its lease shall be required before the design does not provide an certificate of occupancy is issued. If impediment for development of such control should be abrogated, the such space for mixed-use in the parking use thus allowed shall future. Such space (between the automatically revert to a garage and the street) shall, in the nonconforming use in violation of this interim, not be used for surface article and shall be terminated parking. forthwith. iii. The applicant can demonstrate to oo. Conditions may be imposed to insure the satisfaction of the Planning development compatible with that of Board that a market for first floor the immediate neighborhood mixed uses currently does not notwithstanding the provisions of any exist, provided that the structure other section of this Land Use Code. of the garage is designed to Such conditions may include limits on accommodate retail and or the period of such use. mixed-uses in the future. In these 40. In the R-6 zone. Off-street parking shall be cases, the Planning Board will for passenger cars for uses permitted in need to find that, on the street- the R-6 zone. level deck of a proposed parking FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-47 Page 541 USE STANDARDS garage, a minimum of 20 feet perpendicular to the street providing horizontal distance of depth from access to the site. the street and nine feet finished uu. In the B-7 zone, surface parking that floor-to-finished ceiling clearance does not meet the 35-foot parking could house future retail and or setback may be permitted as a mixed use. The applicant will conditional use, provided that: further need to demonstrate that i. All or a portion of the 35-foot the garage design anticipates the setback area had a gravel surface future development of utilities on September 29, 2015. and circulation necessary for non- ii. The total gravel surface area on parking uses. Where a parking the lot and any contiguous lots garage fronts on more than one did not exceed 15,000 square feet public street and where there is on September 29, 2015. an existing change in grade iii. The parking spaces provide elevation of over 5% across the parking to a principal building on footprint of the garage, the nine- a contiguous lot. foot floor-to-ceiling requirement iv. One of the buildings described in only applies to the street with (iii) above meets the minimum higher traffic volumes. height requirements of the rr. Where the Board allows a waiver of Bayside Height Overlay Map first floor mixed use, garages shall and/or a building on the site has a display architecture that enhances the floor area of 25,000 square feet pedestrian experience and disguises or greater. the parking use to the extent possible. v. The total number of spaces Use of traditional storefront design within 35-foot setback in concepts and traditional building combination with other spaces on materials is encouraged. the lot does not exceed the 42. Surface parking in the B-3, B-6, and B-7 minimum parking spaces zones required. ss. Surface lots shall be laid out in a vi. The proposed parking spaces manner conducive to development of meet the landscape and buffer future buildings, and/or structured requirements of Subsection 6.8.8. parking. vii. Parking spaces within the 35-foot tt. Surface parking, including parking setback shall provide stormwater aisles, shall be located at least 35 feet quality treatment if required by from a street. The 35-foot setback the City of Portland Stormwater shall not apply to driveways Management Standards and the Maine DEP Chapter 500 6-48 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 542 USE STANDARDS Stormwater Management the facility is located in a principal Standards. If not required, an structure that has not been used as a alternative low impact residence in whole or in part within development treatment system the five years immediately preceding approved by the Planning Board the application for a preschool use, or shall be provided. in a nonresidential structure accessory HHH. Preschool facilities to the principal nonresidential use. 43. In all zones ccc. There shall be no maximum limit on vv.A. Outdoor play areas shall be screened and the number of children in a facility buffered from surrounding residences with located in a principal structure that landscaping and/or fencing to minimize visual has not been used as a residence in and noise impacts. whole or in part within the five years ww.A. Solid waste shall be stored in covered immediately preceding the application containers. Such containers shall be screened for a preschool use, or in a on all sides. nonresidential structure accessory 44. In the R-P zone. Facilities for more than 12 thereto. children shall meet the following additional ddd. The maximum capacity shall be 12 standards: children for facilities located in xx. The facility shall provide a minimum of residential or existing structures 75 square feet of outdoor play area accessory thereto, unless the per child. additional standards in paragraph (d) yy. The play area shall be located in the below are met. side and rear yards only and shall not eee. Preschool facilities located either in be located in front yards. structures that have been in zz. Outside play areas shall be separated residential use within the past five from abutting properties by a fence at years or in existing accessory least 48 inches in height. structures and that serve between 13 aaa. A 10-foot-wide landscaped buffer shall and 24 children shall meet the be required outside of the fenced play following additional standards: area, and shall be established in i. The facility shall provide a accordance with the landscaping minimum of 75 square feet of standards of the City's Technical outdoor play area per child. Manual. ii. The play area shall be located in 45. In residential and island zones the side and rear yards only and bbb. The facility shall be located in a shall not be located in front yards. structure in which there is one or iii. Outside play areas shall be more occupied residential units or in separated from abutting an existing accessory structure, unless FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-49 Page 543 USE STANDARDS properties by a fence at least 48 JJJ. Sheltered care group homes inches in height. 49. A sheltered care group home shall not be iv. A 10-foot-wide landscaped buffer located within 500 feet of another, as shall be required outside of the measured along street lines to the fenced play area, and shall be respective property lines. established in accordance with 50. The facility shall make provision for the landscaping standards of the adequate on-site staffing and supervision City's Technical Manual. in accordance with applicable state v. The minimum lot size for a licensing requirements. If a facility is not preschool located in a residential licensed by the state, there shall be a or existing accessory structure minimum of one staff person for every 10 and serving more than 12 children residents or fraction thereof. shall be 20,000 square feet. 51. The Board of Appeals or Planning Board vi. The maximum number of children may impose conditions upon a conditional in a preschool facility located in a use permit concerning the creation or residential or existing accessory operation of a sheltered care group home structure shall be 24. including but not limited to the following: vii. Any additions or exterior site and building maintenance; lighting, alterations such as facade fencing, and other appropriate security materials, building form, roof measures; screening and buffering of pitch, and exterior doors shall be parking areas; compatibility of any designed to be compatible with additions or alterations with the existing the architectural style of the residential structure; compatibility of new building and preserve the structures with the architectural character residential appearance of the of the surrounding area; and limitation on building. the duration of a sheltered care group III. Raising of domesticated animals for non- home permit. commercial purposes KKK. Utility substations 46.A. No animals shall be kept on any lot less 52. Utility substations shall be as small in size than three acres or closer than 100 feet to any as practicable. street or lot line, except domesticated chickens 53. Substations shall be suitably screened and as regulated in Chapter 5 of the City of Portland landscaped so as to ensure compatibility Code of Ordinances. with the surrounding neighborhood. The 47.A. This use shall not create any odor, noise, remainder of the lot not consumed by the health, or safety hazards, or other nuisance to utility substation and its related access neighboring properties. shall be designed and designated for future 48.A. Raising of pigs or reptiles is not permitted. development. 6-50 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 544 USE STANDARDS 54. If greater than 100 square feet in the B-7 6.6 ACCESSORY USES zone, the structure shall be set back at 6.6.1 In general least 35 feet from the street right-of-way A. Accessory uses shall be permitted in except in the case of a lot having frontage conjunction with permitted or conditional on Marginal Way and I-295, provided the principal uses. Accessory uses mustshall be: minimum 35-foot setback is met along 1. Customarily found in association with the Marginal Way. principal usesuse. 55. In the B-7 zone, the substation equipment 2. Generally consistent with the impacts of shall be fully enclosed within a structure. the primaryprincipal use. 3. Secondary in nature, clearly incidental and 6.5.76.5.6 Supplemental standards zone- subordinate to the principal usesuse in specificfor certain conditional uses in the terms of area and function. OS-R zonestandards 4. Located on the same lot as the principal In addition to the general conditional use standards use unless otherwise permitted. and supplemental use-specific conditional use 5. Consistent with the intent of the zone. standards, the following standards shall apply to B. No accessory use or uses within a building shall stadiums, solar energy systems, water pumping occupy more than a combined total of 25% of stations, wind energy systems, and accessory uses the floor area of the principal building, with the within structures of 2,500 square feet or more exception of required off-street parking, unless within the OS-R zoneconditional uses within certain otherwise provided in Subsection 6.6.2 below. zones: In the case of multi-tenant buildings, this LLL. R-OS Zone standard shall apply separately to each leased 56.A. The use shall be in conformity with or portion of the principal building. satisfy a deficiency identified in a federal, state, C. No accessory use or uses not within a building regional, or cityCity recreation and open space shall occupy more than a combined total of plan, including but not limited to the state 25% of the unbuilt lot area, or of the required Comprehensive Outdoor Recreation Plan, as rear yard area, with the exception of off-street such plans may from time to time be created or parking or as otherwise provided in Subsection revised. 6.6.2. 57.B. Buildings and structures shall not obstruct significant scenic views presently enjoyed by 6.6.2 Standards for specific accessory uses nearby residents, passersby, or users of the site. A. Accessory Dwelling Units (ADUs) 58.C. Indoor recreation or nonrecreational uses 1. Accessory Dwelling Units (ADUs) shall be in the OS-R zone shall serve a significant public permitted on all lawfully conforming and purpose that cannot reasonably be nonconforming lots with legal residential accommodated outside of the recreation and uses. ADUs shall comply with all open spaceOS-R zone. dimensional standards of the underlying zone unless otherwise provided below. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-51 Page 545 USE STANDARDS 2. ADUs shall be permitted as new detached 8.5. An ADU shall be limited to a gross floor accessory structures, building additions, or area of 2/3 of the gross floor area of the within existing lawfully conforming or largest principal unit(s). In no nonconforming structures. However, the circumstance shall the height of detached addition of an ADU may in no way increase ADUs on a lot exceed the height of the the degree of nonconformity of any primary structure. Additionally, the on the structure unless otherwise permitted lot. The aggregate square footage of under this subsection. detached ADUs on a lot shall not exceed 2.3. Up to two ADUs shall be permitted per the gross floor area of the primaryprincipal qualifying property. structure. 3. At the time of an ADU’s initial construction 6. ADUs shall be exempt from maximum lot or legal creation, the owner(s) of the coverage and minimum lot area per property on which the accessory dwelling dwelling unit requirements. unit is created must occupy at least one of 7. Detached ADUs shall be limited to a the dwelling units, with the exception of maximum height of 18 feet, unless legally nonconforming lots on Peaks Island. constructed above a garage, in which case 4. When an ADU is significantly visible from the height of the structure shall be limited public ways, the building design shall: to 25 feet. fff. Be clearly subordinate to the principal 8. In residential zones, detached ADUs shall structure(s) in scale and position in be subject to side and rear setbacks for relationship with the street and detached accessory structures less than principal structure(s). 250 square feet, as established in Article 7. ggg. Not include outside stairways or fire 9. Detached ADUs shall not be permitted escapes above the ground floor. between a principal structure and a front 5.4. Under circumstances where an existing lot line. nonconforming structure is converted to B. Amusement devices. Except where the an ADU, the design of the ADU shall take principal use consists of the sale of alcoholic into consideration to the extent beverages for consumption on premises or practicable the privacy of adjacent where the principal structure is an airline properties. terminal, pinball machines or amusement 6. The developer of an ADU shall record a devices shall not be considered to be accessory deed restriction requiring that the ADU uses whenever there are more than a total of and at least one other non-accessory unit two such machines or devices on the premises. on-site remain under common ownership. C.B. Antennas, discs, transmitting and receiving 7. ADUs shall comply with all dimensional equipment. Building-mounted antennas, discs, requirements of the underlying zone and other transmitting and receiving except lot coverage and lot area per equipment shall be: dwelling unit requirements. 6-52 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 546 USE STANDARDS 1. No taller than 15 feet above the highest except where such placement will be structural steel of the building roof. detrimental to an adjacent residential 2. Setback no less than 15 feet from the zone or use, and shall be located no building perimeter. nearer thana minimum of 40 feet 3. Integrated into the architecture of the from any adjoining property located in building in placement, form, color, and a residential zone. This distance shall material so as to screen or camouflage be measured from the outermost such equipment from public view. edge of the outside drive-through D.C. Drive-throughs. Drive-throughs shall be feature to such property line. In permitted as an accessory use in the B-4 zone. addition, drive-through features shall Drive-throughs shall be reviewed as conditional not extend nearer thanbe located a accessory uses in the B-2/B-2b/B-2c zones, B- minimum of 25 feet from thea right- 3/B-3b/B-3c zones, B-6 zone, and B-7 zone. In of-way. all other zones, drive-throughs shall be b. The site mustshall have adequate prohibited. Where a conditional use, drive- stacking capacity for vehicles waiting throughs shall be subject to the provisions of to use these service features without Section 6.5 and the following additional review impeding vehicular circulation or standards: creating hazards to vehicular 4.6.4.1 Drive-throughsIn general circulation on adjoining streets. 1. The Planning Board shall be permitted as c. Any speakers, intercom systems, or an accessory use in the B-4 zone. other audible means of 2. Drive-throughs shall be permitted as communication shall not play pre- conditional accessory uses in the B-2 zone recorded messages. Any speakers, only if a drive-through was located on the intercom systems, audible signals, site as of the effective date of this Code. computer prompts, or other noises In all other zones, drive-throughs shall be generated by the drive-through prohibited. services or fixtures shall not exceed 55 hhh.3. Drive-throughs shall be subject to dB or shall be undetectable above the the following review authority. standards: ambient noise level as measured by a a. Features such as windows, vacuum noise meter at the property line, cleanersAll components of a drive- whichever is greater. through, including, but not limited to, d. Site and vehicular light sources shall signs, stacking lanes, menu/order not unreasonably spill over or be boards, trash receptacles, and stacking directed onto adjacent residential lanes must be placed, where properties and shall otherwise practicable,service windows shall be conform to the lighting standards set located to the side andor rear of the forth in the City of Portland Technical principal building where practicable, Manual. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-53 Page 547 USE STANDARDS e. Where automobiles may queue, 6. In the B-3/B-3b/B-3c zones. Drive-throughs waiting for drive-through services, shall only be permitted when accessory to their impacts mustshall be a bank. Drive-throughs shall be subject to substantially mitigated to protect the Downtown Urban Design Guidelines. adjacent residential properties from 7. In the B-6 zone. Drive-throughs shall only headlight glare, exhaust fumes, and be permitted when accessory to a bank noise. As deemed necessary by the and located in the interior of parking review authority, mitigation measures structures. Drive-through vehicle shall consist of installation of solid circulation shall not create an impediment fencing with landscaping along any for retail or mixed-use development for residential property line which is the first floor of the subject garages along exposed to the drive-through or the any adjacent public streets. enclosure of the drive-through 8. In the B-7 zone fixtures and lanes so as to buffer h. The drive-through must be accessory abutting residential properties and to to a bank occupying a minimum floor further contain all associated impacts. area of 4,000 square feet. f. Drive-through lanes shall be designed i. The drive-through must be attached and placed to minimize crossing to or included within a building with a principal pedestrian access-ways or minimum floor area of 20,000 square otherwise impeding pedestrian access. feet, except that for lots of less than g. The board, as part of its review, may 20,000 square feet and in existence as take into consideration the impact of March 9, 2005, a drive-through may hours of operation may have on be included in a building of less than adjoining uses. 20,000 square feet. 5. In the B-2/B-2b/B-2c zones. Drive-throughs j. The drive-through facility must be shall only be permitted when accessory to attached or included within a building a pharmacy or banking facility use. Drive- and/or addition meeting the minimum throughs shall not be permitted for height of four stores in the Bayside restaurant, bakery, or other food or Height District A and three stories in beverage service uses. Drive-throughs are the Bayside Height Districts B and C. only permitted in buildings of three or For the purposes of this conditional more stories where a majority of the upper use, the minimum height exceptions stories is devoted to three or more for the B-7 zone shall not apply. dwelling units. The drive-through shall be k. The first floor of the building must screened as much as practical from the include banking or other retail front of the building and shall be no closer storefront uses with storefront than 40 feet from abutting residential windows, entries, and interior public zones and 25 feet from the street line. space oriented to and visible from the 6-54 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 548 USE STANDARDS street, with front entry access facing 11. Elevation of operational area above street the street and directly accessible from (max.): 100 feet the public sidewalk. 12. Clearance from lateral obstruction (min.): l. Drive-through vehicle circulation shall 100 feet not be located between the building 13. Width of approach and departure path and any adjacent public streets. (min.): 500 feet at landing area, tapering m. The drive-through shall be limited to outward 15 degrees on each side to a width two vehicle drive-through lanes. of 1,000 feet n. The location of any drive-through shall 14. Slope with emergency landing areas: 1:8 be limited to the geographic area 15. Slope without emergency landing areas: between Somerset/Kennebec 1:20 Streets/I-295/Franklin Street/Forest 16. Curved approach: Minimum radius to turn, Avenue. 650 feet 17. Approach zone transition area slope: 1:2 F.E. Home occupations 1. The purpose of home occupations is to allow the secondary and A home occupation shall be incidental to the residential use of a residence fordwelling, and shall not change the conduct of appropriate occupations whose external activity levels and impactsessential FIGURE 6-A: DRIVE-THROUGH SITING residential character of the dwelling. E. Heliports. Heliports shall meet the following 18. No interior or exterior alterations that are minimum specifications: so limited as to be compatibleinconsistent 9.D. RoofA heliport shall be designed and with the residential use and character of constructed in accordance with all federal and the neighborhood. state regulations. 19. Home occupations must be conducted o. Take-off area (min.): 200 feet x 250 entirely within the dwelling unit by one or feet more persons residing withinbuilding shall p. Parking area (min.): 30 feet x 90 feet be permitted. With the dwelling unit. 10. Ground heliport 20. In connection with the operationexception q. Take-off area (min.): 300 feet x 700 of a home occupation, the following feet requirements permitted sign, there shall be r. Parking area and station building shall met: be located out of flight area. s. A home occupation shall not occupy more no evidence visible from the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-55 Page 549 USE STANDARDS exterior of the premises that the and display of products shall be conducted property is used in any way other than entirely within a principal building or 500 square feet of floor area or more accessory structure. This does not apply to than 25% of the total floor area of the home occupation of licensed family such as a dwelling unit, whichever is childcare provider, which may include less, or in the case of licensed family outdoor space needed to meet state day care homes or home babysitting licensing requirements. services, to accommodate not more 5. No toxic, explosive, flammable, than six children plus two children combustible, corrosive, etiologic, after school and having no radioactive, biohazardous, or other nonresidential employees. restricted materials shall be used or stored t. There shall be no outside storage of as a component of a home occupation. goods and materials nor shall there be 6. No home occupation shall include exterior displays, or. No display of dispensing of medication from the goods visible from the outside. dwelling. u.2. Storage of materials related to the home x.7. The home occupation shall not produce occupation shall count as a part of the offensiveany perceptible noise, vibration, occupancy limitations above, but shall not heat, smoke, odor, electrical interference, constitute a dominant part of such dust, or other particulate matter, odorous occupancy, provided, however, storage of matter, heat, humidity, glare, or other such materials or products in garages or objectionablenuisance effects in excess of other accessory structures is that normally associated with residential prohibited.shall be visible from the exterior use. of the premises. y.8. ThereA home occupation shall be limited v.3. Exterior signs shall be limited to one non- to residents of the dwelling and no more illuminated sign not exceeding a total area than one nonresident employed in the of two square feet,. Such sign must be home occupation, provided, however, affixed to the building, and may not family day care or home babysitting projectingproject more than one foot services shall have notwo nonresident beyondfrom the façade of the building. employees. on the premises. w. Any exterior alterations to the z.9. No The home occupation shall not create residence shall be compatible with the vehicular or pedestrian traffic shall be architecture of the building and generated by the home occupation in maintain the residential appearance by greater volumes than would normally be virtue of exterior materials, lighting, expected in average for a residential and signs. neighborhood. The home occupation and 4. The home occupation and all related any related activity shall not create any activity, including any storage, equipment, 6-56 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 550 USE STANDARDS traffic hazards or nuisances in public ss. Licensed family day care home or rights-of-way. babysitting services. aa. No motor vehicle exceeding a gross tt. Musiciansconstruction or music vehicle weight of 6,000 poundsAny teachers, including group instruction clients or business-related visitors not to exceed six students at any time shall be stored on the property in but not including performances or connection with the home band rehearsals, which shall meet the occupation. following additional requirements: 21. No residence shall be occupied, altered or i.11. Electronic amplificationlandscaping used for any home occupation except the equipment used in a commercial business, following: is prohibited. bb. Accountants and auditors. ii. The applicant shall demonstrate cc. Answering services (telephone). that noise attenuation is provided dd. Architects. which minimizes perception of ee. Artists and sculptors. sound at property lines at all ff. Authors and composers. times during the use. Noise gg. Computer programming. attenuation measures may hh. Custodial services. include, but are not limited to, ii. Custom furniture repair and insulation, double-pane windows, upholstering. air conditioners, or any jj. Dentists, doctors, therapists, and combination of these or similar health care practitioners. noise attenuation measures. kk. Direct mail services. iii. Hours of operation shall be ll. Dressmakers, seamstresses and limited to 8:30 a.m. to 9:30 p.m. tailors. uu. Office facility of a minister, rabbi, or mm. Engineers. priest. nn. Family planning services. vv. Photographic studios. oo.10. Hairstylists (limited to no more ww. Professional counseling and than two hair dryers). the hours of 7:00 consulting services. a.m. to 8:00 p.m. xx. Professional research services. pp. Home crafts,The storage of semi- yy. Sales persons provided that no retail trucks, trailers, or heavy equipment or wholesale transactions are made on such as model making, rug weaving, the premises. lapidary work, cabinet making, zz. Small appliance repair. weaving, ceramics. aaa. Snow plowing provided that only one qq. Interior designers. snow plow vehicle is stored on or rr. Lawyers, justices of the peace, and generated from the site. notary publics. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-57 Page 551 USE STANDARDS bbb. Special tutoring or instruction 13. A family childcare provider as a home (not to exceed three pupils at any occupation shall not be subject to floor given time). area limitations for an accessory use, but ccc. Clerical services. shall be limited to the care of not more ddd. Small-scale marijuana caregiver, than 12 children and shall have no except that no more than one small- nonresidential employees. scale caregiver may operate out of any 14. Businesses with no employees, no one dwelling unit. customers, and no external impacts are 22. A home occupation that is not listed in (4) not considered home-occupations for the above but is similar to and no more purposes of this subsection, and are objectionable than those home exempt from its provisions. Remote work occupations listed, shall be permitted as a is also not considered a home occupation, conditional use subject to the and is exempt from these provisions. requirements of Section 6.5 of this article. H.F. Makers’ markets in the IL-b zone. Makers’ This provision shall not include markets, including periodic or seasonal sale of veterinarians, kennels, animal raising, handcrafted and limited production products funeral homes, retail uses including antique for final consumption, which may include shops, restaurants, dancing studios, towing prepared or raw foods, shall be permitted as an services, repair and painting of accessory use in the IL-b zone, provided that: automobiles as home occupations. 1. Such sales are located within a lawfully G. Letting of rooms. The letting of rooms within conforming principal permitted use. an existing dwelling unit in any residential zone 2. Such sales occupy an area no larger than shall be permitted as an accessory use provided 45% of the floor area devoted to the that: principal use. 23. There shall be no more than two persons 3. Such sales by any single vendor or group occupying such room or rooms. of vendors shall occur for no more than a 24. There shall be not more than two rooms total of 28 hours a week collectively. per dwelling unit occupied for such use. 4. Such products are produced or permitted 25. There shall be no increase in the bathroom to be produced in the IL/IL-b zone. and/or kitchen facilities in the dwelling, and 5. Such products are sold by the producer of no such facility shall have been the product or their designee. constructed in the immediately preceding I.G. Tasting rooms in industrial zones. Tasting two years. rooms shall be permitted as accessory uses on 12. Repair and service of any vehicles, any type the premises of facilities where beer, wine, of heavy machinery, or any type of engine, spirits, other alcoholic or non-alcoholic is prohibited. Repair of small electronics or beverages, or food are produced, provided appliances is allowed. that: 6-58 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 552 USE STANDARDS 1. Service of food in the facility is limited to and maintenance of the solar energy that which does not constitute a full system, including lighting, security course meal. measures, traffic, and grid 2. No more than 10% of the beverage menu connections. in tasting rooms accessory to beverage c. forSolar panel placement shall production or 10% of the food menu in minimize or negate any solar glare tasting rooms accessory to food impacting nearby properties or production is produced or manufactured roadways, without unduly impacting off-site. the functionality or efficiency of the 3. Tasting rooms shall not be subject to the solar energy system. limitations on the use of unbuilt lot or yard 3.d. Ground-mounted accessory solar area in Subsection 6.6.1(C). energy systems as stated under J.H. Solar energy generation. Roof-mounted, Subsection 6.4.16 of this articleshall be building-integrated, or small-scale ground- located in side or rear yards only, and mounted solar energy systems shall be with the shall be subject to all permitted as accessory uses within all zones dimensional requirements as stated except the Stream Protection Zone and within under standards for detached cemeteries. Accessory solar energy systems accessory structures within Article 7. are only permitted within the Recreation and unless otherwise specified. Open Space Zone where co-located with public e. Small-scale groundBuilding-mounted industrial or utility infrastructure and are or roof-mounted accessory solar subject to historic preservation review when arraysenergy systems are not included such systems are either located within or less in the calculation of maximum than 100 feet from an identified historic district structure height, but must meet the or historic landscape district. All accessory following standards: solar energy systems are subject to the following conditions: 1. Accessory solar energy systems shall be permitted in all zones except within cemeteries. 2. All accessory solar energy systems shall comply with all general useare subject to the following conditions: a. All systems shall meet the technical, safety, and maintenance standards in the City of Portland Technical Manual. b. Solar energy systems shall minimize 4. impacts resulting from construction FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-59 Page 553 USE STANDARDS either be located on the rear half of a buildingmaximum height allowed within the zone or 45 feet, whichever is less. 4. The maximum height of any roof-mounted accessory wind energy system is 15 feet above the height of such structure,. Roof- mounted systems are not included in the K.I. Wind energy generation. calculation of maximum structure height. FreestandingGround-mounted and roof- 5. Roof-mounted accessory wind energy mounted accessory wind energy systems shall systems shall be set back from any edge of be permitted as accessory uses within all zones the building upon which they are mounted except the Stream Protection Zone, within by a distance equal to or greater than the historic districts except where the Congress total height of the system, measured from Street Historic District coincides with the B-3 the roof surface at the point of attachment zone, within historic cemeteries or historic to the top of the system at maximum landscape districts, or within 1,000 feet of any vertical rotation. The setback distance shall designated historic landmark (Portland be measured to the center of the wind Observatory, Cathedral of Immaculate generator base. Conception, St. Dominic’s Cathedral, St. Luke’s 6. Ground-mounted accessory wind energy Cathedral, State Street Church, and City Hall), systems shall be setback from property subject to the following conditions:. Accessory lines by a distance equal to or greater than wind energy systems are subject to the 1.1 times the total height of the system, following standards: measured from the base of the system to 1. Accessory wind energy systems shall the top of the system at maximum vertical comply with all general use standards for rotation. The setback distance shall be wind energy systems as stated under measured to the center of the wind Subsection 6.4.1841.A of this article. generator base. 2. Properties shall be limited to one free- 3.7. Ground-mounted accessory wind energy standing wind energy system and/or three systems shall be located within the rear roof or building mountedground-mounted yard only and shall be sited to maximize accessory wind energy system and two existing vegetative or other screening from roof-mounted accessory wind energy nearby residential buildings and public systems. ways. The location shall minimize changes 3. AccessoryThe maximum height of a to existing topography and natural ground-mounted accessory wind energy vegetation which would result from systems system is 25 feet in all RN zones, construction or maintenance of the the B-1 zone, and all island zones. In all system. other zones, the maximum height shall 6-60 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 554 USE STANDARDS 6.7 TEMPORARY USES crops grown only on the same premises for six 6.7.1 In general or more days previously during the calendar Temporary uses may be permitted from time to year. time as determined by the Planning Authority. In O. Temporary stands Farmstand addition to or Building Authority. Temporary uses 4. No premises shall be used for business on private property shall comply with the standards purposes consisting of temporary stands, of this section, as well as regulations pertaining to booths, platforms, or vehicles intended for temporary uses contained elsewhere in the City of the sale of merchandise or other Portland Code of Ordinances, the following mercantile purposes if any part of such standards shall apply for specific temporary uses. All stand, booth, platform, or vehicle is temporary uses require a temporary use permit proposed to be located nearer than 125 unless specifically cited as exempt. A temporary use feet to any residential zone, except that a permit may be issued for additional temporary uses single stand with no more than 200 square not specifically listed per Subsection 6.7.2(G) below. feet of floor area for the sale of Temporary uses do not require additional parking agricultural products produced on the unless specifically cited in the temporary use premises shall be permitted as accessory standards or stipulated as a condition of approval. to a permitted agricultural use. 5.1. A single produce stand shall be permitted 6.7.2 Standards for specific temporary uses on the premises of a community garden L. Temporary parking. Parking of vehicles may for the sale of flowers, vegetables, herbs, be permitted by a temporary certificate of or fruit produced on the premises, occupancy for a limited period of time not to provided that the stand is no more than exceed one year in anticipation of future 100 square feet in floor area or open table development. area and is located a minimum of five feet M. Temporary private tenting. Temporary from any property line; that sales are private tenting with one tent accessory to a limited to two days per week between the principal residential use is permitted in the IR-1 hours of 9:00 a.m. and 6:30 p.m. during the and IR-2 zones provided that adequate water growing season from May 25 through supplies and sanitation facilities are available in October 31; and that the stand has connection with the principal residential use. received all necessary permits. The use of N. Temporary sales. No “garage sale,” “lawn sale,” produce stands shall be seasonal and “attic sale,” “rummage sale,” of food or other temporary. Any properly permitted similar casual sale of tangible personal property structure may remain on the premises which is advertised by any means whatsoever year-round. If the community garden is whereby the public at large is or can be made owned or operated by a non-profit aware of such sale, shall be deemed to be organization, sales of flowers, vegetables, accessory or temporary if such sale occurs herbs, or fruit produced in other gardens after sales have been conductednon-food or farms in Maine owned or operated by FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-61 Page 555 USE STANDARDS said organization shall be permitted within sale of agricultural products produced on the same limitations listed above. For the premises or the sale of fish or shellfish purposes of this subsection, community caught by the occupant of the premises garden means a parcel of open land used shall be permitted as a temporary use. for the cultivation of flowers, vegetables, 4. Acceptable stands are a portable table or herbs, or fruit by a group of city residents cart, and cannot exceed an area of 200 either jointly as a single plot or through square feet. individual garden plots or beds. 5. Farmstands are permitted for no more 6. A single produce stand shall be permitted than 180 days per calendar year, and shall on the premises of a non-profit be removed when not in use. organization incorporated pursuant to the 6. Farmstands must be set back from all laws of the State of Maine with the public rights-of-way a distance of no less permission of the owner and on the than 5 feet. premise of public schools with the P. Truck load sales. Truck load sales shall not permission of the school department; extend beyond three consecutive days nor provided that the stand is for the sale of occur more frequently than three times a local fruit, vegetables, flowers, seedlings, calendar year. and plants produced by the seller; that the J. Garage/yard sale stand is no more than 100 square feet in 1. A garage/yard sale is permitted as a floor area or open table area and is located temporary use on residential property, and a minimum of five feet from any property shall be exempt from temporary use line; that sales on the premises are limited permit requirements. to two days per week between the hours 2. Garage/yard sales. Truck load are limited of 9:00 a.m. and 6:30 p.m. during the to no more than six days per calendar year. growing season from May 25 through K. Real estate project sales office or model unit October 31; and that the stand has 1. A real estate sales office/model unit(s) is received all necessary permits. The use of allowed for a residential development. produce stands shall be seasonal and 2. No real estate sales office/model unit(s) temporary. Any properly permitted may be located in a manufactured home or structure may remain on the premises off-site. year-round. 3. The temporary use permit shall be valid for 2. A farmstand for the sale of food or non- the life of the residential development food crops grown only on the premises is project. The real estate sales office must permitted, and shall be exempt from be removed and/or closed within 30 days temporary use permit requirements. after the sale or rental of the last unit 7.3. In the IR-1 and IR-2island zones, a single within the development. The model unit(s) stand with no more than 200 square feet must be closed within 30 days after the of floor area forsuch stand may include the 6-62 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 556 USE STANDARDS sale or rental of the last unit of the events per calendar year, with a development. maximum of either three consecutive 4. All activities conducted within real estate days nor occur more frequently than sales office/model unit(s) must be directly three times a calendar year, or two related to the construction and sale of consecutive weekends. A minimum of properties within the particular 30 days between events is required. development. Use as a general office of c. Temporary outdoor sales events in operation of any firm is prohibited. nonresidential zones are limited to L. Temporary contractor’s yard four events per calendar year, with a 1. A temporary contractor’s yard is allowed maximum duration of five days per incidental to a construction project. event, and a minimum of 30 days 2. The temporary use permit shall be valid for between events. the life of the project, to be verified by d. Temporary outdoor sales events for open permits. seasonal sales, such as Christmas trees 3. The temporary contractor’s yard shall be or pumpkins, are limited to four removed within 30 days of the completion events per calendar year, with a of construction, and the premises shall be maximum of 30 days per event and a restored to their pre-construction state. minimum of 30 days between events. 4. Temporary contractor’s yards shall be e. Temporary outdoor sales events in screened on all sides by a fence a minimum any nonresidential zone must be of six feet in height to a maximum of eight located a minimum of 125 feet from a feet in height. Fencing shall not be residential zone. required on shared lot lines if the abutting N. Temporary outdoor storage containers lot contains a fence or other barrier that The use of an outdoor storage container is prohibits entry onto the lot. limited to a maximum of 90 days per calendar M. Temporary outdoor sales year, and shall be exempt from temporary use 1. Temporary outdoor sales in residential permit requirements. zones are limited to those events Q.O. Additional temporary uses. In addition to conducted by and located on the premises the temporary uses listed above, a temporary of a place of assembly, an elementary, use permit may be issued by the Planning middle, or secondary school, or a post- Authority or Building Authority for other secondary school, and shall be exempt temporary uses that are substantially similar to from temporary use permit requirements. a temporary use listed above. A permit may be 2. Time limits shall be as follows: issued if the Planning Authority determines that a. Time limitations apply to the lot, not such use is compatible with the surrounding the operator of the use. land uses and proper care has been taken to b. Temporary outdoor sales events in address potential impacts to surrounding land residential zones are limited to three uses. The time limit of such temporary use will FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-63 Page 557 USE STANDARDS be determined and approved as part of the preserved to the greatest possible extent temporary use permit. consistent with the uses of the property. C. Loading areas shall be screened and parking 6.8 PERFORMANCE STANDARDS areas shall be screened and landscaped so as to All uses shall comply with the performance avoid a large continuous expanse of paved area. standards established in this section, unless any D. Buildings and structures shall be sited to avoid federal, state, or local law, ordinance, or regulation obstructing significant scenic views presently establishes a more restrictive standard, in which enjoyed by nearby residents, passersby, and case the more restrictive standard shall apply. users of the site. E. Storage of commodities and equipment shall 6.8.1 Design be completely enclosed within buildings or R. In the B-3 zone, all development, all building and provided with screening by a fence, wall, or site alterations, and all provision of landscaping landscaping. or other pedestrian amenities shall be F. The outer perimeter of playfields, play lots, and consistent with the Downtown Urban Design other active recreational areas shall be Guidelines. screened, or shall be located a reasonable S. In the B-7 zone, all buildings shall have a distance from any residential use. minimum of one operable public pedestrian entrance facing the street frontage of the lot. 6.8.36.8.2 Discharges Such building entrances shall comply with the No discharge shall be permitted at any point into B-7 design standards. any private sewage disposal system, or stream, or into the ground, of any materials in such a way or of 6.8.26.8.1 Development in the R-OS zone- such nature or temperature as to contaminate any R and OS-P zones water supply, or otherwise cause the emission of All development in the RecreationOS-R and Open dangerous or objectionable elements, except in Space ZoneOS-P zones shall comply with the accordance with standards approved by the Public following development standards: Health Authority or by the Public Works Authority. A. All ground areas not used for parking, loading, No discharge into harbor water areas shall be vehicular, or pedestrian areas and not left in permitted, unless permitted by the Maine their natural state shall be suitably landscaped Department of Environmental Protection under a and designed with quality materials that are waste discharge license and as approved by the consistent with adopted City policy or master Department of Public Works in accordance with plans, and which provide a comfortable, Chapter 24 of the City of Portland Code of durable, accessible, readily maintainable, and Ordinances. All private sewage disposal or private aesthetically pleasing environment. B. Natural features, such as mature trees and wastewater treatment facilities shall comply with natural surface drainageways, shall be the provisions of Chapter 24. 6-64 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 558 USE STANDARDS TABLE 6-H: NOISE STANDARDS renovated structures located adjacent to historic districts or historic resources shall be subject to Daytime/Evening Night historic preservation requirements of Article 14. Zone (7 a.m.-9 p.m.) (9 p.m.-7 a.m.) I-B 60 dBA 55 dBA 6.8.86.8.5 Landscaping and screening O 60 dBA 60 dBA A. In all mixed-use zones, the I-B zone, TOD zones, B-1 55 dBA 55 dBA the O-P zone, the R-P zone, and the A-B zone B-2/B-2b 60 dBA 55 dBA outside of restricted access areas, sites shall be B-3 60 dBA 55 dBA landscaped to screen parking and accessory B-4 65 dBA 60 dBA site elements, including storage and solid waste B-5, B-6 60 dBA 50 dBA receptacles, from the right-of-way, public open I-L/I-Lb 60 dBA 50 dBA space, or abutting residential zones. I-M/I-Mb 70 dBA 55 dBA B. In the I-H and I-Hb zoneszone, where a front I-H 75 dBA 55 dBA yard abuts an arterial or a major collector A-B 60 dBA 60 dBA street, it shall be landscaped. Rear yards, side 6.8.46.8.3 Electromagnetic interference yards, and the perimeter of any parking area for In any industrial zone, there shall be no greater than 15 vehicles shall be landscaped if electromagnetic interference that adversely affects visible from a right-of-way, public open space, the operation of any equipment other than that or residential zone. belonging to the creator of such interference. 6.8.96.8.6 Noise 6.8.56.8.4 Exterior lighting A. No use shall be operated so as to generate All exterior lighting shall be designed and installed recurring noises that are unreasonably loud, with full cut-off fixtures to direct illumination onto cause injury, or create a nuisance to any person the site and to prevent illumination from such of ordinary sensitivities. fixtures on neighboring properties in accordance A.B. The maximum permissible sound level of any with the City of Portland Technical Manual. continuous, regular, or frequent source of sound produced by an activity shall be as 6.8.6 Heat, glare, radiation shown in Table 6-GH. Heat, glare, or radiation shall be imperceptible C. Sound shall be measured as follows: without instruments at lot boundaries and shall not 1. For any noise generated by a use in the B- present a safety hazard. 5/B-5b, B-6, B-7, I-L/I-Lb, I-M/I-Mb, and I-H zones, sound shall be measured at or 6.8.7 Historic resources within the boundaries of anythe nearest The exterior design of proposed or renovated residential zone. structures located within historic districts shall be B. For any noise generated by a use in the B-1/B- subject to the historic preservation provisions of 1b, B-2/B- Article 17. The exterior design of proposed or FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-65 Page 559 USE STANDARDS 2. 2b/B-2c, I-B, R-P, O-P, A-B, and IS-FBCA-B seconds or more shall be measured on the zones, sound shall be measured at lot basis of the energy average sound level over a boundaries. For any noise generated by a period of 60 seconds (LEQ1). use in the B-3/B-3b/B-3c, sound shall be E. Wind energy systems measured at lot boundaries or within E. . Where the underlying zone is residential and publicly accessible pedestrian open space. does not specify sound requirements, or where For any noise generated by a use in the B-4 the system will be within 100 feet of a zone, sound shall be measured off residential building, the audiblezone, sound levels premises at the source of complaint. C. In addition to the sound level 8. generated by the wind energy system shall standards established in Table 6-G, all uses shall not exceed 45 decibels on the A scale employ best practicable sound abatement between the hours of 9:00 p.m. and 7:00 techniques to prevent tonal sounds, or sound a.m., and 50 decibels on the A scale waves usually perceived as a hum or whine between 7:00 a.m. and 9:00 p.m., as because their instantaneous sound pressure measured at the nearest property line in varies essentially as a simple sinusoidal function accordance with this provision and of time, and impulse sounds, or sound events technical standards set out in the City of characterized by brief excursions of sound Portland Technical Manual. pressure, each with a duration of less than one second. If such tonal and impulse sounds TABLE 6-G: NOISE STANDARDS cannot be prevented, uses shall employ best R-P 55 dBA 55 dBA practicable sound abatement techniques to O-P 60 dBA 60 dBA minimize the impact of such sounds in B-1/B-1b 55 dBA 55 dBA residential zones. B-2/B-2b/B-2c 60 dBA 55 dBA D. Sound levels shall be measured with a sound B-3/B-3b/B-3c 60 dBA 55 dBA level meter with a frequency weighting network B-4 65 dBA 60 dBA manufactured according to standards B-5/B-5b, B-6, 60 dBA 50 dBA prescribed by the American National Standards B-71 Institute (ANSI) or its successor body. I-L/I-Lb1 60 dBA 50 dBA Measurements shall be made at all major lot I-M/I-Mb1 70 dBA 55 dBA lines of the site, at a height of at least four feet I-H/I-Hb1 75 dBA 55 dBA above the ground surface. In measuring sound A-B 60 dBA 60 dBA levels under this subsection, sounds with a IS-FBC 60 dBA 55 dBA continuous duration of less than 60 seconds 1 Daytime/evening noise regulations shall extend until 10 pm, shall be measured by the maximum reading on after which time nighttime noise regulations shall apply. a sound level meter set to the A weighted scale and the fast meter response (L maxfast). 9. For any system over 45 feet in total height Sounds with a continuous duration of 60 not in the Recreation and Open Space, 6-66 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 560 USE STANDARDS Resource Protection, or Island Transfer 2. The following uses and activities shall also Station Overlay Zones, the maximum be exempt from the requirements of Table sound levels allowed by this ordinance shall 6-GH: not be exceeded at the nearest property a. The noises of safety signals, warning boundary and at the nearest point devices, emergency pressure relief vertically above the property line that valves, and any other emergency coincides with the maximum building devices. height allowed in the abutting zone. b. Traffic noise on public roads or noise 10. Any system located within the Recreation created by aircraft and railroads. and Open Space, Resource Protection, or c. Noise created by refuse and solid Island Transfer Station Overlay Zones and waste collection, provided that the more than 100 feet from a residential activity is conducted between 6:00 building shall not exceed 55 decibels on the a.m. and 7:00 p.m. A scale as measured 50 feet from the base d. Emergency construction or repair of the tower. work by public utilities, at any hour. 11. Audible sound levels of wind energy e. Noise created by any recreational systems shall include sounds generated in all activities which are permitted by law conditions including low and high winds and for which a license or permit has (furling, yawing, and flutter) and power outages been granted by the City, including but (freewheeling). If after installation, the system not limited to concerts, parades, is determined to be operating at levels above sporting events, and fireworks these limits (as measured at the property lines displays. in accordance with this provision and applicable technical standards, the owner shall 6.8.106.8.7 Odor take (at the owner’s cost) remedial action to G. It shall be a violation of this article to create an ensure compliance with these limits. Required odor nuisance. action may include relocation or removal of the 3. An odor nuisance shall be considered to exist system. when 10 confirmed complaints relating to odors of F. Exemptions such intensity and character as to be detrimental to 1. Noises created by construction and the public health and welfare occur in an area within maintenance activities between 7:00 a.m. two separate 24-hour periods. The 10 confirmed and 109:00 p.m. are exempt from the complaints must originate from 10 different maximum permissible sound levels set households in an area zoneda residential zone, or forth above. Construction activities on a from 10 different individuals in a commercial or site abutting any residential use between industrial facility. The Building Authority shall only the hours of 10:00 p.m. and 7:00 a.m. shall respond to a complainant who confirms that the not exceed 50 dBA.in Table 6-H. odor is detectable at the time of the actual complaint. In order to confirm a complaint, the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-67 Page 561 USE STANDARDS Building Authority or its designee shall first that it is the odor that resulted in the determine that an odor is detectable in the area of complaint. the complaint. The Building Authority or its g. Quantify the intensity of the odor on designee shall interview the complainant to verify the eight point in butanol intensity that the detectable odor is in fact the odor that scale as defined in regulations resulted in the complaint. If the complainant verifies promulgated by the Planning & Urban the odor as the source of the complaint, then the Development Director to establish Building Authority shall notify the owner or training and technical standards to operator of the alleged odor source either in support this subsection. person or by telephone within one working day, h. Track the odor to its source. with a written confirmation within seven working H. When the certified odor inspector determines days of the complaint. In the event that the Building that a violation has occurred because an odor Authority is unable to contact the owner or has exceeded the maximum ambient odor operator of the alleged odor source in person or by levels set forth in this subsection, the Building telephone within one working day, then the Building Authority shall notify the owner or operator Authority shall send written notice to the operator either by telephone or in person of the within seven working days of the complaint.zone. violation within one working day of the 4. In the event that 10 complaints are violation. The Building Authority shall confirm confirmed as set forth in paragraph (1) this notification in writing within seven working above in two separate 24-hour periods days of this initial notice. In the event that the within a 90-day period, the Building Building Authority is unable to contact the Authority shall cause a certified odor owner or operator by telephone or in person inspector to investigate any odor within the required time period, then it will complaints received in the next 30 days send written notification within seven working following the receipt of the tenth days of the violation. confirmed complaint from the second 24 I. Upon receipt of the written notice of violation, hour period. If the odors remain under the the owner or operator of the odor source shall ambient intensity standard as established do the following: in this subsection for the next 30 days, 5. Implement odor reduction procedures then a new odor nuisance must be immediately upon notification by the established after that time in accordance Building Authority that the facility has with the requirements of this subsection. violated this subsection wherever odor The certified odor inspector shall do the reduction can be achieved by operational following in response to a complaint under or procedural changes at the facility. this subsection: 6. Submit to the Building Authority, within 30 f. Verify that an odor is detectable in the days of the written notice of violation, an area of the complaint and confirm odor reduction plan which is designed to reduce ambient odors attributable to 6-68 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 562 USE STANDARDS emissions from that source to the M. There shall be no outdoor kennels. maximum allowable intensity for that zone. N. No open exterior stairways or fire escapes shall The plan shall include a detailed summary be constructed above the ground floor, except of the measures that the owner or that the Building Authority may permit the operator will take to mitigate the installation of an exterior egress stair or an community annoyance and estimated upgrade of an existing exterior fire escape for a dates for completion of those measures. In conforming or lawfully nonconforming dwelling the event that it will take longer than 30 unit existing as of January 5, 1998, if such egress days to develop the odor reduction plan, is required to meet current fire or other life the owner or operator of the facility shall safety codes, provided that the owner submit within the 30-day time period a demonstrates to the Building Authority that: schedule for the development of the odor 10. There is no practical and economically reduction plan. The Building Authority shall reasonable way to provide such egress review this plan to determine whether it within the interior of the building, as will be adequate to resolve the odor demonstrated by the submission of nuisance in a reasonable time period. detailed floor plans showing the projected 7. Implement the plan in accordance with the cost of and the impact on the existing schedule approved by the Building dwelling from an interior stair. Authority. 11. The stairway and associated landings and J. The maximum ambient intensity standard for other building fixtures are designed and odors generated by uses located in the will be constructed to have a minimal industrial zones shall not exceed the following visual impact upon the building, especially levels when the odor is measured in the zone as viewed from any public way or public indicated: open space, as demonstrated by 8. 4.0 in any industrial or mixed-use zone for photographs of the front and any other odors resulting from uses in industrial or affected facades of the building and plans mixed-use zones. or drawings of the proposed egress stairs. 9. 3.0 in any residential zone for odors resulting from uses in industrial or mixed- 6.8.8 Exterior stairways use zones. Exterior stairs may be permitted, so long as such stairways shall have minimal visual impact upon the 6.8.11 Outdoor effects building and are located in the rear or side yard. K. In all mixed-use, office, and industrial zones and the IS-FBC zone, uses shall be operated within a 6.8.126.8.9 Outdoor storage completely enclosed structure, except for Outdoor storage shall comply with the those customarily operated in open air. requirements of Table 6-HI. L. In the mixed-use and IS-FBC zones, open air 6.8.13 Relocation of displaced residents activities shall be those licensed by the city. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-69 Page 563 USE STANDARDS In the B-3, B-3b, and B-3c zones, any development days, and outdoor storage of used automobile which results in the displacement of residents of tires shall be prohibited. dwelling units currently located on the development H. No partially dismantled, wrecked, or junked site shall meet the requirements of Section 18.5. vehicles shall be stored outdoors. This provision does not apply to vehicles 6.8.146.8.10 Smoke and dust undergoing repair. Smoke shallVisible emissions from a direct or I. All vehicle repair facilities shall be screened fugitive emission source may not be emitted at a along interior side and rear lot lines by a density in excess of the exceed an opacity level landscaped buffer or solid fence a minimum of designated in Table 6-I, as classified in Method 9 five feet in height. (Visible Emissions)of 20% for more than 2.5 minutes P. No building in any zone shall be erected, altered in any half-hour period. All visible emissions must or used as a garage for the storage of more comply with the standards of the Opacity Evaluation than three motor vehicles or for the business SystemMaine Department of the U.S. Environmental of repairing motor vehicles if any part of either Protection Agency. old or new building when completed would be closer than five feet to any part of any church, TABLE 6-I: SMOKE STANDARDS public or private hospital, or school or if any Zone Opacity Level part of either old or new building when R-P completed would be less than 15 feet from the O-P 20% boundary line of any lot upon which any part of B-1/B-1b any church, public or private hospital, or school B-2/B-2b/B-2c is located. No existing garage used for the B-3/B-3b/B-3c storage of more than three motor vehicles or B-4 30% for the business of repairing motor vehicles B-5/B-5b shall be deemed to become a nonconforming B-6 40% B-7 use through the subsequent erection of such Industrial and A-B zones church, hospital, or school closer than the IS-FBC 20% aforesaid distance to such a garage. 6.8.16 Traffic 6.8.156.8.11 Storage and repair of vehicles Development in the I-M, I-Ma and I-Mb zones shall O.G. In all residential zones, all island zones, the utilize streets classified as arterials by the Maine R-P zone, and the B-3 zone, only one Department of Transportation to the greatest unregistered motor vehicle may be stored extent possible. outside for a period not exceeding 30 days. In other mixed-use zones, storage of unregistered motor vehicles for more than 10 6-70 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 564 USE STANDARDS TABLE 6-I: OUTDOOR STORAGE STANDARDS B-2/ I-L/ I-M/ B-1 B-3 B-4 B-5 B-6 I-B O A-B I-H B-2b I-Lb I-Mb There shall be no outdoor storage except for fully enclosed receptacles for solid waste ⏺ ⏺ ⏺ ⏺ ⏺ disposal. All outdoor storage must be located a minimum of 20 feet from any lot line. However, when abutting a residential zone, all outdoor storage must be located a ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ minimum of 100 feet from a lot line abutting such zone. Outdoor storage areas must be designed and maintained so as to prevent the accumulation of debris and standing water that can attract insects and vermin. All outdoor storage areas shall employ measures to prevent displacement of ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ materials and windblown dust or particulates, including the use of windbreaks, tarps, or other coverings to protect stored materials from the elements. No outdoor storage shall be permitted in the front setback, except for storage for plant and tree nurseries or lumber yards if listed as a permitted use. All such storage located in the front setback shall consist of ⏺ ⏺ ⏺ ⏺ live plant materials or lumber products. No aggregate materials, machinery, or other materials or products shall be stored in the front setback. All outdoor storage shall be suitably screened from the public way and abutting properties by a landscaped buffer or solid fence at least five feet in height. This does ⏺ ⏺ ⏺ ⏺ not apply to storage of materials allowed in the front setback for plant and tree nurseries or lumber yards. Exterior lighting of outdoor storage areas shall not exceed that which is required for security purposes and shall meet the ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ standards of Subsection 6..8.4. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-71 Page 565 USE STANDARDS vehicle activities, or from activities on a pile- 6.8.176.8.12 Waste disposal supported pier. A. All solid waste disposal, including materials B. In all industrial zones, any use creating which might cause fumes or dust, or constitute earthshaking vibrations, with the exception of a fire hazard if stored out-of-doorsoutdoors, airports, shall be controlled in such a manner as shall be only in fully enclosed, covered to prevent transmission beyond lot lines of containers or receptacles. In all nonresidential vibrations causing a displacement of .003 or zones with the exception ofexcept for the greater on one inch, as measured by a industrial zones, such containers or receptacles vibrograph or similar instrument at the shall be within designated, screened areas. In property boundaries. industrial zones and the B-4 zone, outdoor storage of refuse, debris, or previously used 6.8.14 Entertainment businesses in the B-3 and materials awaiting reuse shall WCZ zones either be in an appropriate container or located A. In the B-3 and WCZ zones, a business with an within a designated, screened area. entertainment license as required or authorized B. Containers or receptacles shall not leak or by Chapter 4, Section 4-51(a) of the City of otherwise permit liquids or solids to escape Portland Code of Ordinance shall be from the container or be transferred beyond considered an entertainment business for the lot boundaries by natural causes or forces. purposes of this section, and may not be Areas attracting large numbers of insects or located within 100 feet of another vermin are prohibited. entertainment business, as measured along or C. Where food processing is permitted, all food across public ways from the main entrance or processing waste shall be stored within a entrances of each. This dispersal requirement completely enclosed structure and if. If not shall not apply to entertainment businesses refrigerated, such waste shall be removed from that do not allow amplified entertainment. the site in an enclosed container within 48 1. Any entertainment business located in the B-3 hours of its generation. All enclosed and or WCZ zones on or before January 3, 2006 exterior food processing waste storage areas shall not be required to comply with this shall be cleaned and sanitized on a regular dispersal requirement. If located within 100 basis. feet of another entertainment business, such business shall be considered a lawfully 6.8.186.8.13 Vibration nonconforming use subject to the standards of A. In any mixed-use zone, the O-P, and the R-P Article 4 of this Code. Any such business shall zonesO zone, vibration inherently and continue to be considered an entertainment recurrently generated shall be imperceptible business for the purpose of administering this without instruments at lot boundaries. This dispersal requirement for a new or relocating shall not apply to vibration resulting from entertainment business in the B-3 and WCZ activities aboard a vessel or from railroad zones. 6-72 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 566 USE STANDARDS 2. Where two or more entertainment businesses operate on one site, and where each business entity requires or has a separate business license, or displays in a manner visible from public property separate business trademarks, logos, service marks, or other mutually identifying names or symbols, each business entity shall be counted as a separate entertainment business for the purposes of this section. B.3. Following a hearing held pursuant to Chapter 15, Section 15-10 of the City of Portland Code of Ordinances, the Building Authority may impose conditions on the food service license of any entertainment business in the B-3 and WCZ zones that operates between 1:00 a.m. and 4:00 a.m. to maintain or improve public safety. Such conditions may be imposed following a written recommendation from the Portland Police Department that such conditions are necessary. The Building Authority’s decision may be appealed to the City Manager pursuant to Chapter 15, Section 15-9 of the City of Portland Code of Ordinances. Nothing in this section shall be construed to limit the Building Authority’s authority in Chapter 15 to deny, suspend, or revoke any license pursuant to the standards and process in that chapter. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 6-73 Page 567 DIMENSIONAL STANDARDS 7 DIMENSIONAL STANDARDS Building length. The linear dimension of a building 7.1 7.1 APPLICABILITY façade, measured along a street frontage. Construction, alterations, and additions to Passageways, breezeways, and similar building structures and buildings are governed by this article, connections are included in the calculation of total except when superseded by other applicable laws or building length. On sites with multiple buildings, ordinances. It is the intent that, when in doubt, this building length shall only be measured on buildings article should be interpreted to accommodate the abutting a street frontage. goals of the City’s Comprehensive Plan and other plans. Build-to percentage. The percentage of the building façade that must be located within a build- 7.2 7.2 RULES OF MEASUREMENT to zone. Façade articulation meeting the standards Building footprint.Blank wall area. The horizontal of this Code, such as window or wall recesses and linear dimension of contiguous building façade, projections, are included as part of the required measured along a street frontage, that does not build-to percentage even when they are recessed contain fenestration, doors, change in wall plane, or beyond the build-to zone. Plazas, outdoor dining, other architectural or material embellishment. Any and other public open space features that are wall less than five feet in height is not considered to bounded by a building façade parallel to the be a blank wall. frontage are counted as meeting the build-to percentage. Build-to percentage is calculated as a ratio of the total building length of a principal structure, not street frontage. FIGURE 7-A: BLANK WALL AREA Footprint. The lot area contained within the outermost perimeter of the building envelope including cantilevered portions of the building, projections, and porches, decks, and similar attached structures integral to the building and FIGURE 7-B: MINIMUM LENGTH AND BUILD-TO contributing to its mass, but excluding roof PERCENTAGE overhangs less than two feet in depth. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-1 Page 568 DIMENSIONAL STANDARDS Build-to Zone (BTZ). The area on a lot, measured Measurements shall be taken at the foundation of perpendicular to the front and/or corner side lot the proposed structure. where it meets the grade. line, where all or a portion of the applicable façade of a structure must be located, measured as minimum and maximum range from the lot line. Placement of a building at a build-to zone must not violate corner clearance requirements. FIGURE 7-D: AVERAGE GRADE Height. The vertical measurement from average FIGURE 7-C: BUILD-TO ZONE grade, or the pre-development grade on the islands, to the highest point of a structure. For buildings, Floor area. The total floor space enclosed by height shall be measured to the roof beams in flat exterior or standard fire walls and roof of a building, roofs, to the highest point of the roof beams or the exclusive of vent shafts and courts. highest point on the deck of mansard roofs, to a level midway between the level of the eaves and Grade, average. The average of elevation highest point of pitched roofs or hip roofs, or to a measurements at consistent intervals of no less level two‑thirds of the distance from the level of the than three and no more than ten feet around the eaves to the highest point of gambrel roofs. For this entire perimeter of a structure. Measurements shall purpose, the level of the eaves shall be taken to be taken at the foundation of the structure where it mean the highest level where the plane of the roof meets the grade after construction. intersects the plane of the outside wall on a side containing the eaves. Grade, pre-development. Average gradeThe average of elevation measurements, existing onas of Impervious surface ratio. The proportion of a site October 1, 2000, at the corners of the consistent covered by impervious surfaces, calculated by intervals of no less than three and no more than ten dividing the total impervious surface area by the lot feet around the entire perimeter of a structure. area. For the purposes of this measurement, 7-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 569 DIMENSIONAL STANDARDS impervious surface shall be as defined by the Maine Lot area. The area of a lot enclosed within the Department of Environmental Protection. boundary lines of a lot. For townhouse dwellings, the minimum lot area per dwelling unit applies to the overall townhouse development and not to individual lots underlying townhouse dwelling units. On flag lots, no part of the “pole” connecting the main building area to the street shall be calculated as lot area. Lot coverage. The proportion of lot area covered by building footprint and the footprint of accessory detached structures. Lot width. The distance measured betweenline. A line of record bounding a parcel or area of land that is designated as an individual unit for use, development, or ownership. Lot line, corner side. The lot line perpendicular or approximately perpendicular to the front lot line and the longer lot line abutting the street on a corner lot. Lot line, front. The lot line separating a lot from a street right-of-way. The front lot line of a corner lot is the shorter lot line abutting the street. In the case of a through lot, both lot lines through that part of the principal buildingseparating a lot from a street FIGURE 7-E: BUILDING HEIGHT MEASUREMENT right-of-way are considered front lot lines. Landscaped open space ratio. The proportion of Lot line, interior side. Any lot line that is not a lot area covered by landscaped open space, front, rear, or corner side lot line and abuts an calculated by dividing the total landscaped open adjacent lot. space area by the lot area. For the purposes of this measurement, landscaped open space shall not Lot line, rear. The lot line opposite and most include rooftop gardensgreen roofs or structured distant from the front lot line. In cases where the lot or engineered surfaces. is narrowest.a lot has multiple lot lines that meet this definition, each of those lines shall be FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-3 Page 570 DIMENSIONAL STANDARDS considered a rear lot line for the purposes of following: a) areas of special flood hazard; b) existing applying setback and other dimensional watercourses measured by the area between the top requirements. In the case of triangular or similar of the banks at the normal high-water mark; c) irregularly shaped lots, the rear lot line shall be wetlands; and d) slopes of 25% or greater. Where a established as a line of ten feet in length entirely slope of 25% or greater was altered to less than 25% within the lot, parallel to and at a maximum distance within the two years immediately preceding a from the front lot line. development proposal, such slope shall also be subtracted from the lot area. Net land area. The land area arrived at by subtracting from lot area the square footage of the FIGURE 7-F: LOT LINES Setback. A space on a lot which is The required by include setbacks of structures from property lines this article to be maintained minimum distance a and setbacks of principal structures from one structure shall be located from a lot line, which is another. No principal structure shall occupy the open, unoccupied, and unobstructed between lot minimum setback of another principal structure. is lines and any structure, except as otherwise located along the applicable lot line for the permitted in this code of ordinances. A setback minimum depth specified by the zone in which such shall be measured from a line parallel to the lot line lot is located, and may be equal to or lesser than a drawn through the point of a structure nearest to yard. Setbacks shalldo not apply to fences, such lot line. This measurement shall be taken at flagpolesretaining walls, raised garden beds, and right angles from such parallel line. When other similar structures. When setbacks are measuring setbacks, setbacks shall be interpreted to established in relationship to height, the height in 7-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 571 DIMENSIONAL STANDARDS stories or feet of that part of the principal structure average is based upon the two adjacent lots on adjoining a yard shall be used in determining the either side, or, in the case of a corner lot, the next required setback and other similar structures. two adjacent lots. In the case of a lot configuration where only one lot is available for averaging, the required front setback shall be that of the adjacent lot. Where no lots are available for averaging, the front setback shall be a minimum of 20 feet in the RN-1 and RN-2 zones, a minimum of 15 feet in the RN-3 zone, and a minimum of five feet in the RN-4 and I-B zones. FIGURE 7-G: SETBACKS Setback, corner side. A setback along the corner side lot line, extending from the front setback to the rear lot line, the depth of which shall be measured perpendicular to the corner side lot line. Setback, front. A setback along the front lot line, extending between side lot lines, the depth of which shall be the shortest horizontal distance between the FIGURE 7-H: SETBACK AVERAGING front lot line and any structure. In the case of lots with frontages on two or more streets, the orientation of Setback, rear. A setback along the rear lot line, the principal entry to the principal building shall prevail. extending between side lot lines, the depth of which measured perpendicular to the front lot line. For shall be the shortest horizontal distance between flag lots, the front setback is measured from the measured perpendicular to the rear lot line. rear lot line of the lot that separates the flag portion the rear lot line and any structure. of the lot from the street. For through lots, the front setback shall be applied on both street Setback, side. A setback along a side lot line frontages unless the lot is in a residential district, in extending from the front lot line to the rear lot line, which case one frontage shall meet the front the widthdepth of which shall be the shortest setback requirement and the other shall meet the horizontal distance betweenmeasured rear setback requirement. In the case of lots perpendicular to the side lot line and any structure.. without frontage on a street, the property line that For townhouse dwellings, side setback requirements parallels the nearest developed street shall be are only applicable to end units, not to any side considered the front. Where front yard averaging is sharing a party wall. required to determine the front setback, the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-5 Page 572 DIMENSIONAL STANDARDS Stepback. A space on a lot which is required by this article to be maintained open, unoccupied, and Yard, front. A yard along the front lot line, unobstructed, measured between lot lines and any extending between side lot lines, measured between structure, that occurs at a prescribed height above the front lot line and a principal structure. On flag the ground. Stepbacks shall apply to all attached lots, the front yard is measured from the rear lot accessory structures, including the minimum line of the lot that separates the flag portion of the necessary housing of elevators, stairways, tanks lot from the street, and a principal structure. fans, or other building operating equipment not intended for human occupancy. Story. That portion of a building included between the surface of any floor and the surface of the floor, or the roof, next above. A half story is a story situated under a sloping roof, the area which at a height four feet above the floor does not exceed two‑thirds of the floor area of the story immediately below it. A story which exceeds 18 feet in height shall be counted as two stories. A basement shall be counted as a story for the FIGURE 7-I: YARDS purpose of height measurement where more than one‑half of its height is above the average level of the adjoining ground. Yard, rear. A yard along the rear lot line, extending between side lot lines or a side lot line and a corner Street frontage. The distance for which a lot line side yard, measured between the rear lot line and a adjoins a public street, from one lot line intersecting principal structure. said street to the furthest distant lot line intersecting the same street. Yard, side. A yard along the side lot line, extending from the front yard to the rear yard, measured Yard. The area of a lot between a lot line and a between the side lot line and a principal structure. principal structure, measured as the horizontal distance between a specified lot line and a principal 7.3 7.3 DIMENSIONAL STANDARDS structure. Tables 7-A to 7-HG shall establish the dimensional standards for each zone. Certain additional Yard, corner side. A yard along the corner side lot standards may apply per Section 6.4 and Sections line, extending from the front yard to the rear lot 7.4, 7.5, and 7.6. line, measured between the corner side lot line and a principal structure. 7-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 573 DIMENSIONAL STANDARDS TABLE 7-A: RESIDENTIAL ZONE DIMENSIONAL STANDARDS R-1 R-2 R-32 R-4 R-52, 3 R-5a4 R-66, 7 R-6a13 Governmental 15,000 SF 10,000 SF 6,500 SF 6,000 SF 6,000 SF Hospital 10 ac. 5 ac. 2 ac. Intermediate or long-term, 3 ac. 3 ac. 2 ac. 2 ac. 1.5 ac. 1 ac.8 extended care facility Lodging house 9,000 SF 2,000 SF Place of <10,000 SF 1 ac. 1 ac. 1 ac. 15,000 SF .5 ac. .5 ac. 10,000 SF assembly >10,000 SF 2 ac. 2 ac. 2 ac. 30,000 SF 1 ac. 1 ac. 15,000 SF Post-secondary school 2 ac. 2 ac. 2,000 SF Elementary, middle, and 30,000 2 ac. 2 ac. 2 ac. 30,000 SF 30,000 SF secondary school SF Raising of animals 3 ac. 6,000 6,000 Residential 15,000 SF 10,000 SF 6,500 SF 6,000 SF SF /2 ac. 2,000 SF 4 ac. SF3 max5 All other uses 15,000 SF 10,000 SF 6,500 SF 6,000 SF 6,000 SF 2,000 SF Lot area per dwelling unit 15,000 1,600 10,000 SF 6,500 SF 3,000 SF 3,000 SF 725 SF (min.) SF SF Lot area per rooming unit 1,000 SF 250 SF9 (min.) Lot area per SNIDU1 (min.) 2,400 SF 3,600 SF Street frontage (min.) 75 ft. 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. 20 ft. 20 ft. Lot width (min.) 100 ft. 80 ft. 65 ft. 60 ft. 60 ft. 60 ft. 25 ft. 25 ft. 25 ft. 25 ft. 20 ft. 25 ft. 5 ft. Front setback (min.) Or average depth of adjacent front yards k 25 ft. 25 ft. 25 ft. 25 ft. 20 ft. 25 ft. 10 ft. Rear Detached setback accessory (< 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. (min.) 250 SF footprint) <1.5 stories 12 ft. 12 ft. 8 ft. 10 ft. 8 ft. 10 ft. <45 ft. in to 1.5 stories height: 2 stories 14 ft. 14 ft. 14 ft. 14 ft. 12 ft. 14 ft. 10 ft. 2.5 stories 16 ft. 16 ft. 16 ft. 16 ft. 14 ft. 16 ft. 5 ft.10 >45 ft. in Side setback Detached accessory (< height: (min.) 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 250 SF 15 ft. footprint) On side 20 ft. 20 ft. 20 ft. 20 ft. 15 ft. 20 ft. None street (min.) Or depth of front yard directly abutting the lot. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-7 Page 574 DIMENSIONAL STANDARDS TABLE 7-A (CONT.): RESIDENTIAL ZONE DIMENSIONAL STANDARDS R-1 R-2 R-32 R-4 R-52, 3 R-5a4 R-66, 7 R-6a13 10 ft. from side Stepbacks (above 35 ft. when property property line and 15 line abuts a residential zone)(min.) ft. from rear property line11 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 45 ft.12 65 ft. Structure height Detached (max.) 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. accessory Lot coverage (max.) 20% 20% 35% 30% 40% 30% 60% Landscaped open space ratio (min.) 20% 9 ft. or 40% of the front facade, Width of garage opening on front whichever is greater, façade (max.) and in no case more than 20 ft. 1 Special needs independent dwelling unit. 2 See Table 7-B for PRUD standards. 3 Single-family homes may be built on small lots in the R-5 under small residential lot dimensional requirements under certain conditions. See Table 7-C for R-5 Small Residential Lot dimensional requirements. 4 For R-5a, PRUD standards shall apply to PRUDs, multi-family development of 4 or more units, congregate care, and intermediate, extended, or long-term care facilities, unless noted otherwise in the table above. See Table 7-B for additional standards that apply to these uses. 5 Applies to 1-, 2-, and 3-family dwellings only. 6 Alterations to single-family, two-family, and multi-family dwellings in existence as of 6/15/15 shall not result in the creation of any additional dwelling unit of less than 600 square feet of floor area, exclusive of common hallways and storage in basement and attic; and shall not result in any existing dwelling unit being reduced in size to less than 1,000 square feet of floor area, exclusive of common areas and storage in basement and attic. 7 Subdivisions consisting of horizontally attached dwellings on individual lots are not required to have side yards between such dwellings where a party wall condition will exist. Horizontally attached dwellings located within a single lot shall be required to meet the applicable side setback requirements at the external lot boundaries of the subdivision and internal lot boundaries between such dwellings that are not attached to each other. No minimum lot size or width shall be required for individual lots underlying townhouse (horizontally attached) dwelling types. The applicable minimum lot area per dwelling shall apply to each lot. 8 Except for long-term and extended care facilities: 10,000 SF for the first 9 residents plus 750 SF for each additional resident, up to a total of 2 ac. 9 A minimum lot area per intermediate care resident of 250 SF also applies. 10 Except that a side setback in the R-6 zone may be reduced to zero, provided that the cumulative side yards are not less than 10 ft. A permanent maintenance easement a minimum of 5 ft. in width shall be provided on the parcel adjacent to the lot line with the reduced side setback. 11 Does not apply on side streets. 12 Except as provided under the Fort Sumner Park Height Overlay and the Bayside Height Overlay. 13 All R-6 dimensional standards apply in the R-6a unless otherwise indicated. 7-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 575 DIMENSIONAL STANDARDS TABLE 7-B: PRUD DIMENSIONAL STANDARDS R-3 R-5 R-5a3 Lot area1 (min.) 3 ac. 2 ac. 2 ac.4 Net land area per dwelling unit 6,500 SF 3,000 SF 1,600 SF4, 5 (min.) PRUD < 5 ac.: 2 Units per building (max.) 12 PRUD > 5 ac.: 6 Average number of units per PRUD > 5 ac.: 5 building (max.) Structure height (max.) 35 ft. 35 ft. 55 ft. Without garages: 100 ft. Building length (max.) 140 ft. With integral garages: 140 ft. Length of accessory garage 60 ft. structure (max.) Building setback from external 3 or fewer D.U. in building: 25 ft. Bldg. Length 100 ft. or less: 25 ft. Bldg. Length 100 ft. or less: 25 ft. subdivision property lines (min.) 4 or more D.U. in building: 35 ft. Bldg. Length >100 ft.: 35 ft. Bldg. Length >100 ft.: 35 ft. Distance between detached 16 ft. PRUD dwelling units (min.) Common recreation open 300 SF/D.U. 300 SF/D.U 200 SF/D.U.4 space area2 (min.) No habitable space in a PRUD shall be below grade, except basements that are a part of and below above-ground Habitable space elevation units. 1 Areas of special flood hazard as defined in Article 12 shall be excluded from lot area calculations. 2 Common open space shall be designated on the site. The primary purposes of such open space areas shall be for passive or active recreation. Such spaces may include natural, landscaped or hardscaped elements. At a minimum, a contiguous area of 6,000 SF shall be provided. 3 In the R-5a zone, PRUD standards shall apply to PRUDs, multi-family development of 4 or more units, congregate care, and intermediate, extended, or long-term care facilities unless otherwise noted. 4 Does not apply to intermediate, extended, or long-term care facilities but does apply to PRUDs, congregate care, and multi-family development of 4 or more units. 5 Minimum land area per intermediate care facility resident: 8,000 SF lot area for first 35 residents, plus 350 SF for each additional resident. 6 For PRUD standards in island zones, see Table 7-D. TABLE 7-C: R-5 SMALL RESIDENTIAL LOT DEVELOPMENT DIMENSIONAL STANDARDS1 Lot area (min.) 5,000 SF 7 ft.2 Detached accessory 5 ft. Side setback (min.) (< 250 SF footprint) Side yard on side 10 ft. street Lot width (min.) 40 ft. Street frontage (min.) 40 ft. Lot coverage (max.) 50% 1 Single-family homes may be built on small lots in the R-5 under small residential lot development dimensional requirements if the lot is: vacant; or used exclusively for parking; or contains structure(s) not used for residential purposes; or is created from a single lot division of a developed lot and results in a lot meeting the small residential lot dimensional requirements with the remaining developed portion meeting the standard dimensional requirements of the R-5 zone. 2 The width of one side setback may be reduced 1 ft. for every foot that the other side yard is correspondingly increased, but no side yard shall be less than 4 ft. in width. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-9 Page 576 DIMENSIONAL STANDARDS TABLE 7-A: RESIDENTIAL NEIGHBORHOOD ZONE DIMENSIONAL STANDARDS RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 Single-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Two-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Three-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Four-family 6,500 SF 6,000 5,000 SF 2,000 SF -- -- Lot area Townhouse -- 1,500 SF/unit -- 1,500 SF/unit -- 1,200 SF/unit (min.) 1,200 SF/unit, Multi-family 1,200SF/unit 725 SF/unit minimum of 435 SF/unit 40,000 SF Nonresidential 6,500 SF 6,000 SF 5,000 SF 2,000 SF 40,000 SF 2,000 SF 40 ft., except 15 20 ft., except 15 20 ft., except 15 Street frontage (min.) 40 ft. ft./unit for 40 ft. ft./unit for 50 ft. ft./unit for townhouse townhouse townhouse Average of Average of Average of Average of Front setback adjacent front adjacent front adjacent front adjacent front 25 ft. -- (min.) yards - 5 ft. yards - 5 ft. yards - 5 ft. yards - 5 ft. Principal structures and detached accessory 25 ft. 20 ft. 20 ft. 10 ft. 25 ft. 5 ft. Rear structures setback (>250 SF footprint) (min.) Detached accessory structures 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. (<250 SF footprint) 8 ft., except that 7 ft., except that 5 ft., except that a a side setback a side setback 5 ft., except that a side setback may Principal structures may be reduced may be reduced side setback may be be reduced to not and detached to not less than to not less than reduced to not less less than 0 ft. Side accessory 8 ft. 5 ft. provided 4 ft. provided 16 ft. than 0 ft. provided provided that the setback, structures that the that the that the cumulative cumulative side interior (>250 SF footprint) cumulative side cumulative side side yards are not yards are not less yards are not yards are not less than 10 ft. (min.) than 10 ft. less than 16 ft. less than 14 ft. Detached accessory structures 5 ft. 5 ft. 3 ft. 3 ft. 5 ft. 3 ft. (<250 SF footprint) 15 ft., or the 10 ft, or the 10 ft, or the depth of an depth of an depth of an adjacent front adjacent front adjacent front yard directly yard directly Side setback, corner yard directly abutting the abutting the -- 25 ft. -- (min.) abutting the corner side corner side corner side yard yard of the lot, yard of the lot, of the lot, whichever is whichever is whichever is less less less 7-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 577 DIMENSIONAL STANDARDS TABLE 7-A (CONT.): RESIDENTIAL NEIGHBORHOOD ZONE DIMENSIONAL STANDARDS RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 35 ft., except 45 ft. for buildings with 3 or more dwelling 65 ft., except Structure height (max.) units. In all cases, 45 ft. within 15 (Unless otherwise governed by the height shall be ft. of an RN-1, 35 ft. 35 ft. 35 ft. 55 ft. City of Portland Height Map or the limited to 35 ft. RN-2, RN-3, Fort Sumner Park Height Overlay) within 15 ft. of a RN-4, OS-R, or rear lot line when OS-P zone abutting an RN-1, RN-2, or RN-3 zone Detached accessory structure 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. height (max.) Building length (max.) (Multi-family + Nonresidential -- -- -- 70 ft. 180 ft. -- uses) Residential 60% 60% 60% 60% 60% 100% Lot coverage uses (max.) Nonresidential 35% 50% 50% 60% 50% 100% uses Landscaped Residential 30% 30% 30% 20% 30% -- open space uses ratio Nonresidential 50% 30% 30% 20% 30% -- (min.) uses 9 ft. or 30% of 9 ft. or 30% of the the front front façade, façade, Width of garage opening on whichever is whichever is -- -- -- front façade (max.) greater, however greater, in no case more however in no than 20 ft. case more than 20 ft. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-11 Page 578 DIMENSIONAL STANDARDS TABLE 7-D: ISLAND ZONE DIMENSIONAL STANDARDS I-B10 Served by Not Served by Public Water & Public Water & IR-1 IR-2 IR-3 Sewer Sewer 5,000 SF for 3 guest rooms plus 10,000 SF/ Bed and breakfast 5,000 SF/ guest room additional room 5,000 SF/ campsite, but Campground 10 ac. not less than 10 ac. 5,000 SF for 3 10,000 SF/ guest rooms plus 10,000 SF/ Hotel guest room 5,000 SF/ guest room additional room 5,000 SF for 3 rooming units, 10,000 SF/ 10,000 SF/ 10,000 SF/ Lodging house plus 5,000 SF/ rooming unit rooming unit rooming unit additional Lot area rooming unit (min.)11 Place of >10,000 SF 30,000 SF 30,000 SF 35,000 SF 20,000 SF assembly <10,000 SF 15,000 SF 15,000 SF PRUD/PUD 5 ac.1 5 ac.1 20 ac. Raising of animals 3 ac. Residential 40,000 SF2, 3 20,000 SF3 42,500 SF6 20,000 SF Restaurant 35,000 SF 10,000 SF 20,000 SF Retail 35,000 None 20,000 SF Seasonal camp 10 ac. 35,000 SF School/educational 40,000 SF 20,000 SF 35,000 20,000 SF facility All other uses 35,000 SF 20,000 SF Lot area per dwelling unit (min.) 40,000 SF4 20,000 SF4 42,500 SF7 Street frontage (min.) 100 ft.5 70 ft.5 70 ft.8 40 ft. Lot width (min.) 100 ft.5 80 ft.5 80 ft. 40 ft. 25 ft. or the average of 20 ft. or avg. depth of adjacent front Front setback (min.) 30 ft.5 25 ft.9 adjacent front yards yards5 Rear 30 ft.5 25 ft.5 25 ft. 9 setback Detached accessory 10 ft. 10 ft.5 10 ft.5 10 ft. 9 (min.) (< 250 SF footprint) 7-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 579 DIMENSIONAL STANDARDS TABLE 7-D (CONT.): ISLAND ZONE DIMENSIONAL STANDARDS I-B10 Served by Not Served by Public Water & Public Water & IR-1 IR-2 IR-3 Sewer Sewer 20 ft.5 20 ft.5 20 ft. 9 10 ft. Side Detached accessory 15 ft.5 15 ft. 5 15 ft. 9 10 ft. setback (< 250 SF footprint) (min.) On side street 20 ft.5 20 ft.5 20 ft. 9 10 ft. 35 ft. For Little Structure 35 ft. 35 ft. 35 ft. height Diamond (max.) Island: 27 ft. Accessory detached 18 ft. 18 ft. 18 ft. 18 ft. Lot coverage (max.) 20% 20% 20% 50% 1 PRUDs shall consist of detached dwellings. 2 60,000 SF if not served by public water. 3 For PRUDs, minimum lot area shall be reduced up to 50% provided there is an equivalent corresponding increase in common or public open space that is usable for passive or active recreational opportunities or that serves as a buffer between buildings or between the development and the surrounding neighborhood. 4 In the case of PRUDs, lot area per dwelling unit shall be calculated based on net land area.. 5 For PRUDS, standard shall be reduced up to 50%. For accessory structures in the IR-1, IR-2, and I-B zones, side setbacks from principal structures shall be 5 feet. 6 Except that the minimum lot size per dwelling unit shall be reduced by the amounts specified below, to a minimum lot size of 35,000 SF per dwelling unit, provided that the Planning Board finds that the development meets the following criteria: a. The minimum lot size per dwelling unit shall be reduced by 5,000 SF if a public off-island water source provides 75% of the water needs of the development. b. The minimum lot size per dwelling unit shall be reduced by 2,500 SF if the development provides appropriate permanent restrictions or other agreements precluding the use, maintenance and parking of all private motor vehicles exclusive of construction and common service vehicles. 7 The maximum density for a PUD shall be based on the applicable minimum lot size for each use as measured in terms of net area. For purposes of calculating density, if separately described lots exceed the applicable minimum lot size, the excess area shall not be credited toward the minimum lot size for any other use. 8 Except where the Planning Board finds that the development has an adequate street network to permit access for pedestrians and emergency service vehicles. 9 When adjoining any external property boundary. 10 All I-B standards apply for lots served by public water and sewer and lots not served by public water and sewer unless otherwise indicated. 11 In the IR-3, the minimum lot area for buildings containing both residential and nonresidential uses shall be cumulative. Where there are two or more residential uses contained in a building, the minimum lot area shall be the larger of the applicable minimum lot sizes. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-13 Page 580 DIMENSIONAL STANDARDS TABLE 7-B: ISLAND ZONE DIMENSIONAL STANDARDS I-B Served by I-B Not Served by Public Water & Public Water & IR-1 IR-2 Sewer Sewer 40,000 SF, except 20,000 SF, except 3,000 SF if a Single-family 60,000 SF if not served small island lot per Subsection 5,000 SF 20,000 SF by public water 7.6.3 40,000 SF, except 20,000 SF, except 3,000 SF if a Two-family 60,000 SF if not served small island lot per Subsection 5,000 SF 20,000 SF Lot area by public water 7.6.3 (min.) Three-family -- -- 5,000 SF 20,000 SF Four-family -- -- 5,000 SF 20,000 SF Multi-family -- -- 1,200 SF/unit 5,000 SF/unit Nonresidential 40,000 SF 20,000 SF None 20,000 SF Street frontage 50 ft., except 30 ft. if a small island 100 ft. 40 ft. 40 ft. (min.) lot per Subsection 7.6.3 Front setback 20 ft. or the average of adjacent Average of adjacent Average of adjacent 20 ft. (min.) front yards, whichever is less front yards - 5 ft. front yards - 5 ft. Principal structures and detached 25 ft., except 15 ft. if a small island Rear accessory 30 ft. 10 ft. 10 ft. lot per Subsection 7.6.3 setback structures (min.) (>250 SF footprint) Detached accessory 5 ft., except 3 ft. if a small island 5 ft. 5 ft. 5 ft. (<250 SF footprint) lot per Subsection 7.6.3 12 ft., except 8 ft. if a small island Principal structures lot per Subsection 7.6.3 Small and detached Side island lots may reduce one side accessory 20 ft. 10 ft. 10 ft. setback, setback to no less than 6 ft. structures interior provided that the cumulative side (<250 SF footprint) (min.) yards are not less than 16 ft. Detached accessory 5 ft., except 3 ft. if a small island 5 ft. 5 ft. 5 ft. (<250 SF footprint) lot per Subsection 7.6.3 Side setback, corner 12 ft., except 8 ft. if a small island 20 ft. 10 ft. 10 ft. (min.) lot per Subsection 7.6.3 Structure height 35 ft., except 27 ft. on Little 35 ft. 35 ft. 35 ft. (max.) Diamond Island Detached accessory structure 18 ft. 18 ft. 18 ft. 18 ft. height (max.) 40%, except 60% if small island Lot coverage (max.) 20% 60% 60% lot per Subsection 7.6.3 Landscaped open space ratio 50%, except 30% if a small island 70% 20% 20% (min.) lot per Subsection 7.6.3 7-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 581 DIMENSIONAL STANDARDS TABLE 7-E: MIXED-USE ZONE DIMENSIONAL STANDARDS B-1/B-1b B-2/B-2b/B-2c B-3/B-3b/B-3c B-4 B-5/B-5b B-6 B-7 Lot area School 20,000 SF 10,000 SF (min.) Place of assembly 10,000 SF On-peninsula 435 SF 435 SF Lot area per dwelling 1,000 SF, except unit (min.) Off-peninsula 1,000 SF 435 SF if active street frontage3 Lot area per On-peninsula 150 SF 150 SF rooming unit (min.) Off-peninsula 350 SF 350 SF Street frontage (min.) 20 ft. 20 ft. 15 ft. 60 ft. 10 ft., or the average Front setback None, front yard depth of (from all street frontages) 10 ft. 5 ft. 20 ft. except 10 ft. 10 ft.7 10 ft. nearest developed (max.) in B-5b lots if < 10 ft. None, except 10 ft. if Principal abutting a 10 ft. 20 ft. Rear residential zone setback None, except 5 ft. if (min.) Accessory abutting a 5 ft. 7 ft. residential zone None, except 5 ft. if Side setback Principal None 10 ft. abutting residential (min.) Accessory zone 5 ft. 5 ft. Stepbacks (above 35 ft. when Side: 10 ft. Side: 5 ft. property line abuts a residential zone) (min.) Rear: 15 ft. Rear: 15 ft. 70% of 75% of street street Length of building wall at maximum frontage or frontage or setback (min.) 25% of 25% of building building perimeter8 perimeter9 Length of undifferentiated blank 30 ft., except wall along publicly accessible way 15 ft. within (max.) PAD Overlay Laboratory and Non-residential uses research on first floor: facilities 1 Laboratory and 10,000 SF total None, except and research warehousing: Floor area 15,000 SF for facilities, 15,000 SF (max.) each floor warehousing, Restaurants (public above 125 ft. Exhibition 10,000 SF area): 2,000 SF and meeting Clinics: 3,000 SF halls: 20,000 SF FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-15 Page 582 DIMENSIONAL STANDARDS TABLE 7-E (CONT.): MIXED-USE ZONE DIMENSIONAL STANDARDS B-1/B-1b B-2/B-2b/B-2c B-3/B-3b/B-3c B-4 B-5/B-5b B-6 B-7 45 ft., except On-Peninsula: 50 ft. if first floor 45 ft., except 50 ft. is in commercial along Congress use, 65 ft. in B-2 65 ft., except Street if commercial and B-2c on lots in B-5b 65 ft. or as >5 ac. if required along W. otherwise first floor and See 2 side and rear Commercial governed See Bayside residential above Downtown setbacks are St. south of by the B-6 Height Structure height (max.) and Bayside 65 ft. increased by 1 Danforth St.5 Building Overlay Height foot for each and 120 ft. Height Map Overlay Maps foot of height on Overlay over 45 ft., or as Thompson's Map Off-Peninsula: 35 ft. otherwise Point6 governed by the Bayside Height Overlay Map 25% of lot area for Lot coverage portions of (max.) structures exceeding 125 ft. in height4 Residential: None Other uses in B-2 Impervious surface ratio (max.) 90% and B-2c: 80% 80% Other uses in B-2b: 90% 1 Uses in structures which existed prior to the date of enactment of the B-1/B-1b zones are exempt. 2 The commercial first floor uses shall utilize at least 75 % of the first-floor frontage along Congress Street and shall have an average depth of at least 20 ft. 3 A building will be determined to have an active street frontage upon meeting the following guidelines to the greatest extent practicable: the primary building façade shall be within 10 ft. feet of the front lot line; there shall be no parking on the lot within 35 ft. of the front lot line; no more than 25% of the first floor primary façade shall consist of access to garages, unutilized space, service entrances, storage or mechanicals and the remaining minimum 75% shall have an average depth of a minimum of 20 ft. for residential or commercial uses; and all primary ground floor entries to multi-family buildings must orient to street, not to interior blocks or parking lots. 4 Except that no floor area shall be required to be less than 10,500 SF, gross. 5 For parcels of land in the B-5b zone located along W. Commercial St. south of Danforth St.: West of the projection of the centerline of the Fletcher St. right-of-way, the maximum building height shall be 45 ft.; and, east of the projection of the centerline of the Fletcher St. right-of-way and west of the projection of the centerline of the Emery St. right-of-way, the maximum building height shall be 55 ft. A projection of the centerline of a street is defined by extending the centerline of the referenced street right-of-way along its most southerly block to the centerline of W. Commercial St. Furthermore, notwithstanding Subsection 7.5.1, no rooftop structure located between the projections of the centerlines of Emery St. and Fletcher St., as described above. shall exceed a height of 62 ft as measured from average grade of the building at its foundation. 6 Applies only to parcels subject to an approved master development plan. Thompson’s Point is defined as the contiguous parcels of upland occupying the peninsula bounded on the east by Route 295, on the north by the Mountain Division Rail right-of-way, and on the south and west by the Fore River and its associated wetlands. Nearby lands accessed from Hobart and Osgood Streets are not included. 7 Does not apply to parking garages and public transportation facilities. Notwithstanding required setbacks, new structures located in the blocks located south of Fore Street and north of Commercial Street and its extension shall build to the key building envelopes shown on the B6 Building Height Overlay & Building Envelopes map. Buildings located in the area east of the Fore Street Connector shall not have a maximum front setback and shall not be required to build to the key building envelope perimeter. Parking structures and the buildings for public transportation facilities may, however, be set back beyond the key building envelopes (toward the interior of blocks), but may not occupy the land between the key building envelope and the street right-of-way. 8 For buildings fronting on two or more streets, the minimum building wall on one street may be decreased so long as the frontage is proportionally increased on other streets in so far that the building wall on the secondary street is not reduced to less than 25 ft. Buildings in the area east of the Fore Street Connector shall not be subject to this requirement. 9 Does not apply to additions to or relocations of designated historic structures or structures determined to be eligible by the Historic Preservation Board. 7-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 583 DIMENSIONAL STANDARDS TABLE 7-C: MIXED-USE ZONE DIMENSIONAL STANDARDS B-1 B-2/B-2b B-3 B-4 B-5 B-61 Lot area (min.) -- -- -- 10,000 SF -- -- Street frontage (min.) 20 ft. -- -- 60 ft. -- -- Gross floor area (max.) (Nonresidential uses on the ground 5,000 SF -- -- -- -- -- floor only, unless otherwise permitted or restricted) Build-to zone 0–5 ft. 0–10 ft. 0-5 ft. 0-20 ft. 0-10 ft. 0-10 ft. Build-to percentage (min.) 100% 100% 100% 50% 80% 80% B-2: None Lots up to 50 B-2b: Lots up ft. in frontage: to 50 ft. in Building length as a percentage of 80% -- frontage: 80% -- 60% 70% street frontage (min.) Lots greater Lots greater than 50 ft. in than 50 ft. in frontage: 60% frontage: 60% Blank wall area (max.) 20 ft. 20 ft. 20 ft. 40 ft. 20 ft. 20 ft. None, except None, except None, except 10 ft. if 10 ft. if 20 ft. if Rear setback abutting a lot abutting a lot -- abutting a lot -- -- (min.) in a residential in a residential in a residential zone zone zone None, except 5 None, except 5 None, except ft. if abutting a ft. if abutting a 10 ft. if Side setback, interior lot in a lot in a -- abutting a lot -- -- (min.) residential residential in a residential zone zone zone 75 ft., or as shown on the City of 55 ft., except 35 Portland 75 ft., or as ft. within 20 ft. Height Map, See City of shown on the See City of Structure height of an RN-1, RN- except 50 ft. Portland 65 ft. City of Portland (max.) 2, RN-3, OS-R, within 15 ft. of Height Map Portland Height Map or OS-P zone2 an RN-1, RN-2, Height Map RN-3, RN-4, OS-R, or OS-P zone Landscaped open space ratio B-2: 10% -- -- 20% -- -- (min.) B-2b: None 1 In the case of a conflict with the B-6 Building Height and Building Envelopes Map, the map shall control. 2 In the B-1 zone on Washington Avenue north of Gould Street, structure height shall be limited to 45 ft. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-17 Page 584 DIMENSIONAL STANDARDS TABLE 7-D: TRANSIT-ORIENTED DEVELOPMENT ZONE DIMENSIONAL STANDARDS TOD-1 TOD-2 Lot area (min.) -- -- Street frontage (min.) -- -- Build-to zone 0-10 ft. 0-5 ft. Build-to percentage (min.) 100% 100% Building length as a percentage of street frontage Lots up to 50 ft. in frontage: 80% 80% (min.) Lots greater than 50 ft. in frontage: 60% Blank wall area (max.) 20 ft. 20 ft. Rear setback None, except 20 ft. if None, except 20 ft. if (min.) abutting a lot in a residential zone abutting a lot in a residential zone Side setback, interior None, except 10 ft. if None, except 10 ft. if (min.) abutting a lot in a residential zone abutting a lot in a residential zone Structure height (min./max.) Min.: 35 ft. Min. 35 ft. (Unless otherwise governed by the City of Portland Height Max. 85 ft., except 50 ft. within 30 ft. of an Max. 125 ft., except 50 ft. within 30 ft. of an Map) RN-1, RN-2, RN-3, or RN-4 zone RN-1, RN-2, RN-3, or RN-4 zone Landscaped open space ratio (min.) 10% -- 7-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 585 DIMENSIONAL STANDARDS TABLE 7-F: OFFICE PARK & RESIDENCE PROFESSIONAL ZONE DIMENSIONAL STANDARDS O-P R-P1 Lot area (min.) 1.5 ac. 6,000 SF Street frontage (min.) 100 ft. 60 ft. Lot width (min.) 150 ft. 60 ft. Front setback 50 ft. 20 ft., or avg. depth of adjacent front yards2 (min.) Rear Principal 20 ft. setback 50 ft (min.) Accessory 7 ft. 1 story: 10 ft. Principal 25 ft., except 40 ft. where side yard 2 stories: 12 ft. Side abuts residential zone or use 3+ stories: 14 ft. setback (min.) Accessory 7 ft. 1-2 stories: 15 ft. On side street 3+ stories: 18 ft. 55 ft., except 75 ft., including rooftop appurtenances, on lots within office Structure height park subdivisions which are > 50 ac. 45 ft. (max.) if each minimum setback is increased by 1 ft. for each 1 ft. of height above 55 ft. Floor area (max) High-tech manufacturing: 20,000 SF Impervious surface ratio (max.) 60% 70% Pavement setback (min.) 15 ft. 1 Residential uses shall meet the dimensional requirements of the nearest residential zone. 2 The front yard of a lot existing as of April 4, 1988, which lot is less than 100 ft. deep, need not be deeper than 10% of the depth of the lot. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-19 Page 586 DIMENSIONAL STANDARDS TABLE 7-E: OFFICE PARK DIMENSIONAL STANDARDS O Lot area (min.) 10,000 SF, except 3 ac. for an office park Street frontage (min.) 40 ft., except 100 ft. for an office park Gross floor area (max.) -- (Nonresidential uses) Front setback (min.) 15 ft., except 50 ft. for an office park Rear setback (min.) 20 ft., except 50 ft. for an office park Side setback, interior 15 ft., except 25 ft. for an office park, or 40 ft. where an office park abuts a residential zone (min.) Side setback, corner (min.) 15 ft., except 50 ft. for an office park Structure height (max.) 45 ft., except 55 ft. for an office park, or 75 ft., including rooftop appurtenances, on lots (Unless otherwise governed by the City of Portland Height within office parks which are greater than 50 ac. if each minimum setback is increased by 1 Map) ft. for each 1 ft. of height above 55 ft. Lot coverage (max.) 60% Landscaped open space ratio (min.) 30%, except 40% for an office park 7-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 587 DIMENSIONAL STANDARDS TABLE 7-G: INDUSTRIAL & AIRPORT ZONE DIMENSIONAL STANDARDS I-L/I-Lb I-M/I-Ma/I-Mb I-H/I-Hb A-B Lot area (min.) 20,000 SF Street frontage (min.) 60 ft. 60 ft. 60 ft. 50 ft.2 Lot width (min.) 50 ft. 1 ft. for each ft. of I-L 25 ft. I-M/I-Ma I-H 25 ft. None, except 20 ft. if Front setback (min.) building height property has frontage I-Lb None I-Mb None I-Hb None on Westbrook St. 1 ft. for each ft. of 25 ft., except 40 ft. building height up to I-L when abutting I-M/I-Ma 25 ft., except 35 ft. I-H 35 ft. None., except 50 ft. if residential zone when abutting Rear setback (min.) abutting residential residential zone zone or use3 None, except 25 ft. None, except 25 ft. I-Lb when abutting I-Mb when abutting I-Hb residential zone residential zone 1 ft. for each ft. of 25 ft., except 40 ft. building height up to I-L when abutting I-M/I-Ma 25 ft., except 35 ft. I-H 35 ft. None, except 25 ft. if residential zone when abutting Side setback (min.) abutting residential residential zone zone or use3 None, except 25 ft. None, except 25 ft. I-Lb when abutting I-Mb when abutting I-Hb residential zone residential zone 75 ft., except 45 ft. Structure height I-M/I-Mb 75 ft. 45 ft. 75 ft. within 100 ft. of a (max.) I-Ma 45 ft. residential zone Impervious surface I-L 65% I-M/I-Ma 75% I-H 85% 70%2 ratio (max.) I-Lb 100% I-Mb 100% I-Hb 100% Pavement setback 15 ft. 10 ft. 10 ft. (min.)1 1 Shall not apply to entrance drives. 2 Except for lots in airport restricted access areas, which shall not be subject to this provision. 3 No structure may extend beyond the building line established for any runway or taxiway. If provided, rear and side yards must not be less than 5 ft. in width. TABLE 7-F: INDUSTRIAL AND AIRPORT ZONE DIMENSIONAL STANDARDS FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-21 Page 588 DIMENSIONAL STANDARDS I-L I-Lb I-M I-Mb I-H A-B Lot area (min.) -- -- -- -- -- 20,000 SF Street frontage (min.) 60 ft. 60 ft. 60 ft. 60 ft. 60 ft. 50 ft. None, except 20’ Setback from street if property has 15 ft. -- 15 ft. -- 25 ft. (min.) frontage on Westbrook St. 15 ft., except 35 None, except 25 15 ft., except 35 None, except 25 None, except 50 Rear setback ft. when abutting ft. when abutting ft. when abutting ft. when abutting 35 ft. ft. if abutting (min.) residential zone residential zone residential zone residential zone residential zone1 15 ft., except 35 None, except 25 15 ft., except 35 None, except 25 None, except 25 Side setback, interior ft. when abutting ft. when abutting ft. when abutting ft. when abutting 35 ft. ft. if abutting (min.) residential zone residential zone residential zone residential zone residential zone Structure height (max.) 75 ft., except 45 (Unless otherwise governed ft. within 100 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. by the City of Portland Height of a residential Map) zone Landscaped open space 35% -- 15% -- 15% -- ratio (min.) 1 No structure may extend beyond the building line established for any runway or taxiway. If provided, rear and side yards must not be less than 5 ft. in width. TABLE 7-H: RECREATION OPEN SPACE ZONE DIMENSIONAL STANDARDS 7-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 589 DIMENSIONAL STANDARDS R-OS1 Front setback (min.) 25 ft. Rear setback (min.) 25 ft. Principal Side setback (min.) Accessory 12 ft. On side street Principal Structure height 35 ft., except 45 ft. if more than 1,000 ft. from a (max.) Accessory shoreland zone. Floor area ratio (max.) .5 Impervious surface ratio (max.) 25%2 1 Public open spaces less than 2 ac. and on the peninsula are not required to meet the R-OS dimensional standards. 2 Except 75% for sports complexes and 100% for sewage treatment facilities. TABLE 7-G: OPEN SPACE ZONE DIMENSIONAL STANDARDS 1 OS-R OS-P Lot area (min.) -- 20,000 SF Front setback (min.) 20 ft. 25 ft. 20 ft., except none if abutting a parcel Rear setback (min.) 50 ft. in the OS-R or OS-P zone 10 ft., except none if abutting a parcel Side setback, interior (min.) 10 ft. in the OS-R or OS-P zone Side setback, corner (min.) 10 ft. 20 ft. Structure height (max.) (Unless otherwise governed by the City of 45 ft. 35 ft. Portland Height Map) Lot coverage (max.) 25% 10% 75%, except 25% for stadiums and Landscaped open space ratio (min.) 90% none for sewage treatment facilities 1 Public open spaces less than 2 ac. and on the peninsula are not required to meet the OS-R dimensional standards. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-23 Page 590 DIMENSIONAL STANDARDS 7.4 ALTERNATIVE RESIDENTIAL a. All lots within a conservation DEVELOPMENT OPTIONS residential development shall have The following alternative residential development frontage on a street, private way, or options are available within certain zones as common open space within the indicated. These alternative residential development development. options are intended to provide creative b. The maximum number of lots opportunities for residential development by permitted within a conservation modifying standards within certain zones to allow development shall be determined by for a variety of densities and site designs. Alternative the total acreage of the site divided by residential development options may not be the applicable minimum residential lot combined. area requirement of the underlying zone. 7.4.1 Conservation residential development c. All lots within the conservation A. A conservation residential development residential development shall meet permits a reduction in minimum lot area in the dimensional requirements of the exchange for provision of common open space, underlying zone with the exception of allowing for the efficient use of land and the following: preservation of Portland’s natural resources. i. Minimum lot area and street B. Conservation residential development is frontage may be reduced by no permitted in the RN-1, IR-1, and IR-2 zones. more than 50%. C. A conservation residential development shall be ii. Maximum lot coverage and a minimum of two acres in area. minimum landscaped open space D. A conservation residential development shall be ratio requirements do not apply to designed to prioritize the preservation of lots of 5,000 square feet or less in important natural features such as streams, lot area. wetlands, stands of mature trees, and critical iii. A minimum side setback of five wildlife habitats. Development shall minimize feet applies to all lots within a impacts on the natural environment by conservation residential carefully laying out structures, streets, and development unless otherwise other infrastructure, including buffer zones to specified below. protect and connect existing natural areas on iv. A minimum corner side setback of site. ten feet applies to all corner lots E. Development standards within a conservation residential 1. Site layout 7-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 591 DIMENSIONAL STANDARDS development unless otherwise left in a natural state. If improved specified below. for recreational use, no more than v. Front and rear setbacks may be 10% of the common open space reduced by 50% for all lots within shall comprise impervious the conservation residential surfaces. development, unless otherwise iii. No more than 50% of the required specified below. common open space shall be vi. Where a lot within the covered by water. conservation residential iv. Structures located within any development abuts adjacent common open space shall be property, minimum side and rear accessory to any recreational use setbacks are required in of the space. accordance with the standards of b. Common open space may be the underlying zone. conveyed as follows: vii. Where a lot within the i. To the City of Portland. conservation residential ii. To a nonprofit corporation or development abuts a street at the charitable trust, the purposes or perimeter of the development, powers of which include retaining minimum front setback and or protecting the natural, scenic, minimum street frontage is or open space values of real required in accordance with the property; assuring the availability standards of the underlying zone. of real property for agricultural, 2. Common open space forest, recreational, or open space a. In addition to any open space use; protecting natural resources; otherwise required by this code, 30% or maintaining or enhancing air or of the total site area of a conservation water quality of real property. residential development shall iii. To one or more homeowner’s comprise common open space. associations. Common open space shall be c. Common open space associated with designed as follows: a conservation residential i. Required common open space development shall not be sold, and has shall maintain a minimum width of no future development rights. at least 30 feet in any direction. ii. Common open space may be improved for recreational use, or FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-25 Page 592 DIMENSIONAL STANDARDS 7.4.2 Cottage court residential development multiple adjacent development sites, the A. A cottage court residential development allows maximum number of residential structures for small lot residential development in a within all development sites is 24. manner that coordinates dwelling types and 3. All standards of the underlying zone apply, common open space into a cohesive whole, with the following exceptions: maintained in shared stewardship by residents. a. In the RN-1, RN-2, and RN-3zones, the B. Cottage court residential development is minimum total lot area required for a allowed in the RN-1, RN-2, RN-3, and IR-2 zones. cottage court residential development C. A cottage court residential development may is calculated as 50% of the cumulative be designed as dwellings on individual lots, or lot area required for all proposed as multiple dwellings on a lot in common dwellings under the base zoning ownership. district. D. Use limitations b. In the IR-2 zone, the minimum total lot 1. Only single-family and two-family dwellings area required for a cottage court are permitted within a cottage court residential development is calculated residential development. as 3,000 square feet per dwelling, for 2. No more than 25% of the residential all proposed dwellings. structures in a cottage court development c. Individual lots within a cottage court shall be two-family dwellings. residential development are exempt 3. Accessory dwelling units are not permitted from the standards of the underlying within a cottage court residential zone for lot area, street frontage, development. setbacks, lot coverage, and landscaped 4. Buildings for common facilities for use by open space ratio. However, standards the residents, such as laundry facilities, for street frontage, setbacks, lot communal kitchens, and common rooms, coverage, and landscaped open space are also permitted. ratio apply to the cottage court E. Development standards residential development as a whole. 1. A cottage court residential development 4. All residential structures within a cottage shall contain a minimum of four residential court shall front onto a street or a structures. common open space. 2. The maximum number of residential 5. Common open space areas within cottage structures within a cottage court court residential developments shall meet development is 12. When cottage court the following standards: residential development is occurring on 7-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 593 DIMENSIONAL STANDARDS a. Required common open space shall be a. The number of residential structures provided at a ratio of 300 square feet able to be developed as part of the per dwelling unit. overall cottage court residential b. Required common open space shall be development may be increased by provided in the form of a centrally 35%, but shall not exceed three bonus located, contiguous open space. Such residential structures. open space shall maintain a minimum b. Residential structures achieved dimension of 30 feet in width, and through the bonus shall meet the shall front on a public street. development standards of the cottage c. A maximum of 30% of the common court development as set forth in item open space shall be hardscape. E above. d. Off-street parking may be provided on c. Residential structures achieved individual development sites for each through the bonus are not included in residential structure within the the calculation of minimum total lot cottage court, or in a shared parking area required for the overall cottage area serving multiple residential court development, and do not count structures. Common parking areas toward the maximum number of units shall contain no more than ten spaces in the development. each and must be screened from abutting lots that are not part of the 7.5 SUPPLEMENTAL DIMENSIONAL development. Parking shall not be STANDARDS located between principal structures 7.5.1 Corner clearance and the street, or within any required No shrub, wall, fence, sign, or pile of material higher common area. than 3 1/2 feet above the lowest elevation at the F. Small unit bonus curbline shall be permitted on a corner lot within 1. Cottage court residential developments the area of a triangle formed by a line connecting may be eligible for a development bonus in the curblines of the intersecting streets at points 25 exchange for construction of small feet from the corner, unless said obstruction is dwelling units as described in this section. reviewed by the Public Works Authority and found 2. To be eligible, all dwelling units, including not to be a traffic or public safety hazard. any dwelling units achieved through the bonus, shall be 800 square feet or less in 7.5.2 Pedestrian passage required floor area. A. Where a nonresidential or mixed-use building 3. Bonus exceeds 300 feet in length along a public right- of-way, and abuts two parallel frontages with FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-27 Page 594 DIMENSIONAL STANDARDS pedestrian facilities, or one frontage with 8. For the purposes of any build-to zone pedestrian facilities and a public park, or other requirement, a building passage is public open space on the side of the building considered part of the building façade that opposite the street frontage, a pedestrian meets such requirement. passage is required to provide a break in the B. Where a nonresidential or mixed-use building ground-floor façade and facilitate mid-block exceeds 300 feet in length along a public right- connectivity. Such passage shall meet the of-way, but does not abut two parallel following standards: frontages with pedestrian facilities as specified 1. Passages shall be designed to in item A above, a break in the building massing accommodate pedestrians and, to the is required as follows: extent practicable, bicyclists. Vehicular 1. Building mass shall be recessed a minimum access and circulation shall not be allowed of 20 feet in depth for no less than 30 as a component of a passage. linear feet along the façade. Such recess 2. Passages shall be a minimum of 30 feet in shall extend the full height of the building, width and 20 feet in height and shall be and shall meet the following criteria: located within the middle third of the a. The recess shall be located within the building, measured along the frontage. middle third of the building, measured 3. Ground floor uses shall be oriented toward along the frontage. the passage, including public entrances. b. Ground floor uses shall be oriented 4. Ground floor façades facing into building toward the recessed area, including passages in nonresidential and mixed-use public entrances. buildings shall maintain a minimum c. The recessed area is subject to all transparency of 35% of the wall area of the transparency requirements. passage. d. The recessed area shall be designed as 5. Passages shall be designed to maintain public or common space including views from one end through to the other. amenities such as seating areas, 6. Inclusion of decorative elements such as landscaping, lighting, decorative lighting installations or public art within elements, and public art. passages is encouraged. e. For the purposes of any build-to zone 7. Passages shall align with the street grid or requirement, a building recess other points of access to sidewalks, public meeting these standards is considered paths, parking lots, public parks or other part of the building façade that meets publicly owned open space where feasible. such requirement. 7-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 595 DIMENSIONAL STANDARDS C. Where another means of meeting the City’s height maximum, the absolute height of connectivity goals may be preferable to the solar energy system shall be: providing a pedestrian passage as specified in a. In all residential and R-P zones: 5 feet this subsection, the Planning Board or Planning above the roof and set back from the Authority may waive these requirements and edge of the roof by one foot for every approve an alternative design. one foot of solar energy system 7.4.2 Fences height. In residential zones, no wall or fence within 15 b. In B-4 and industrial zones: No limit feet of the street shall be more than four feet c. In all other zones: 8 feet above the in height, unless said fence is located in the side roof and set back from the edge of or rear yard. the roof by one foot for every one foot of solar energy system height. 7.4.3 Solar energy systems B. Setbacks 7.4.4 Swimming pools Solar energy systems shall be located in side or rear Outdoor swimming pools as accessory uses shall be yards wherever possible. subject to the following dimensional standards: 1. Minor solar energy systems shall be A. No swimming pool shall be sited in the front yard. setback 50 feet from residential, R-P, B-1/B- B. No part of any swimming pool shall be located 1b, and B-2/B-2b/B-2c zones. closer than 10 feet from the principal structure, 2. Major solar energy systems shall be nor closer than 10 feet from side or rear lot lines. setback 75 feet from residential, RP, B-1/B- 1b, and B-2/B-2b/B-2c zones. 7.4.5 Wind energy systems C. Height A. Setbacks 1. Ground-mounted solar energy systems. 4. Wind energy systems and associated Where the total height of the support facilities shall meet all setbacks for structure plus the solar energy system is principal structures for the zone in which equal to or below the zone-based height the system is located. Where setbacks maximum, the absolute height of the solar vary, the largest setback shall apply. All energy system shall be 20 feet above the parts of the wind energy system, including ground as measured from the base of the associated facilities and guy wires, shall be support. at least 10 feet from the property line 2. Roof-mounted solar energy systems. (except where connecting to the grid), any Where the total height of the support utility line (in any direction), or other structure/building plus the solar energy easement/right-of-way. The setback from system is equal to or below the zone-based utility lines, easements, and right-of-way FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-29 Page 596 DIMENSIONAL STANDARDS lines may be reduced where the 8. Freestanding wind energy systems with a owner/benefitted party provides written total height of greater than 85 feet shall be permission. set back away from property boundaries 5. Roof-mounted wind energy systems shall and street right-of-way lines by a distance be set back from property boundaries and equal to or greater than twice the total street right-of-way lines by a distance height of the system, and from residential equal to or greater than four times the buildings and hospitals on other properties height of the system as measured from the by a distance equal to or greater than four roof surface at the point of attachment. times the total height of the system. For systems in and adjacent to waterfront 10. For freestanding wind energy systems in zones, mixed-use zones (except B-1/B-1b and adjacent to waterfront zones, mixed- and I-B), OP zone, industrial zones, the use zones (except B-1/B-1b and I-B), the O- Island Transfer Station Overlay zone, and P zone, industrial zones, the Island Transfer the R-OS zone, the setback from property Station Overlay Zone, and the R-OS zone, boundaries and street right-of-way lines the setback from property boundaries and may be reduced to a minimum distance of street right-of-way lines may be reduced to 1.0 times the height of the system, where a minimum distance of 1.0 times the total the system is incorporated into the height of the system where determined architecture of the building and a certified that the minimum required setback would engineer confirms that it would not be contrary to the public interest. present and public safety risk. The setback 11. In residential zones, the B-1/B-1b zones, the shall be measured to the center of the I-B zone, and the R-P zone, where the lot is wind generator base. less than 0.5 acres, any vertical element of 7. Freestanding wind energy systems with a the wind energy system (tower/pole) shall total height of less than 85 feet shall be set be located in the rear yard or on the rear back from property boundaries and street half of the existing building. Wind energy right-of-way lines by a distance equal to or systems and associated facilities shall be greater than 1.1 times the total height of sited to maximize existing vegetative or the system, and from residential buildings other screening from nearby residential and hospitals on other properties by a buildings and public ways. The location distance equal to or greater than twice the shall minimize changes to existing total height of the system. The setback topography and existing natural vegetation distance shall be measured to the center which would result from construction or of wind generator base. maintenance of the system. 7-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 597 DIMENSIONAL STANDARDS B. Height 6. Public transportation facilities of less than 1. Heights of wind energy systems, 10,000 square feet, or additions of less permitted as either freestanding or than 5000 square feet to existing public roof-mounted structures, shall be as transportation facilities provided that the shown in Table 7-I. cumulative additions as of June 4, 2007 do 2. Roof-mounted wind energy systems not exceed 10,000 SF. shall measure no higher than 10 feet 7. Additions to buildings existing as of June 4, above the highest part of the roof. 2007 provided that the cumulative additions since June 4, 2007 do not exceed 10% of the building footprint on June 4, TABLE 7-I: WIND ENERGY SYSTEM HEIGHT 2007, except building additions on those Zone Height portions of the lot located closer to the (max.) street line than the building footprint RPZ 10 ft. existing as of June 4, 2007 shall not be 1 Residential Zones , R-P, 25 ft. included in this 10% limitation. B-1/B-1b, and I-B 8. Utility substations, including sewage Historic Districts2 and within 45 ft. collection and pumping stations, water 1,000 ft. of designated landmarks pumping stations, transformer stations, EWPZ, WPDZ, WCZ, 65 ft. B-2/B-2b/B-2c, B-5, and B-6 telephone electronic equipment B-3, B-4, B-7, and O-P 85 ft. enclosures, and other similar structures. ROS, I-M, I-Mb, I-H, and A-B 160 ft. 9. Additions to and/or relocation of 1 Permitted up to 65 ft within USM Overlay Zone or designated historic structures or on other sites with institutional uses measuring over structures determined by the Historic 5 acres. Preservation Board to be eligible for such 2 Permitted up to 85 ft in B-3 part of Downtown Historic District. designation. 7.5 SPACE AND BULK EXCEPTIONS 10. Parking attendant booths or bank remote teller facilities. 7.5.1 Height A. In the B-3/B-3b/B-3c zones. Minimum height 11. Structures accessory to parks and plazas. provisions as depicted on the Downtown 12. Buildings or building additions of less than Height Overlay Map shall not apply to: 2,500 square feet footprint, on lots or 4. Accessory building components and available building sites of less than 3,000 structures such as truck loading docks square feet. covered parking, mechanical equipment B. In the B-6 zone. Minimum height provisions as enclosures and refrigeration units. depicted on the B-6 Building Height Overlay and Building Envelopes map shall not apply to: 5. Information kiosks and ticketing booths. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-31 Page 598 DIMENSIONAL STANDARDS 13. Buildings located in the area east of the 23. Information kiosks and ticketing booths. Fore Street Connector. 24. Parking garages. 14. Parking attendant booths. 25. Public transportation facilities. 15. Information kiosks and ticketing booths. 26. Additions to buildings existing as of March 16. Parking garages. 9, 2005 provided that the cumulative 17. Public transportation facilities. additions since March 9, 2005 do not 18. Additions to buildings existing as of exceed 50% of the ground floor building December 8, 2004 provided that the footprint on March 9, 2005, except that cumulative additions since December 8, such restriction shall not apply to those 2004 do not exceed 25% of the building portions of the building addition(s) that footprint on December 8, 2004, except are constructed closer to the street line that such restriction shall not apply to than the building footprint existing as of those portions of the building addition that March 9, 2005. are constructed closer to the street line 27. Utility substations, including sewage than the building footprint existing as of collection and pumping stations, water December 8, 2004. pumping stations, transformer stations, 19. Buildings or building additions of less than telephone electronic equipment 2,000 square feet footprint on lots or enclosures, and other similar structures. available building sites of less than 2,000 28. Additions to and/or relocation of square feet. designated historic structures or 20. Utility substations, including sewage structures determined by the Historic collection and pumping stations, water Preservation Board to be eligible for such pumping stations, transformer stations, designation. telephone electronic equipment 29. Portions of buildings more than 50 feet enclosures and other similar structures. from the street line. 21. Additions to and/or relocations of designated historic structures. 7.5.3 Towers C. In the B-7 zone. Minimum floor provisions as A. Purpose and applicability. Portions of depicted on the Bayside Height Overlay Map buildings extending above a height of 125 feet shall not apply to: shall be considered towers, and are subject to 22. Accessory building components such as additional standards to ensure their design truck loading docks, mechanical minimizes encroachment into view corridors, equipment enclosures and refrigeration ensures adequate provision of light and air to units. adjacent streets, trails, and open spaces, and 7-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 599 DIMENSIONAL STANDARDS enhances the visual richness and aesthetic a. Each building exceeding 125 feet shall appeal of the Portland skyline. contain at least 20 dwelling units per D. IN THE BAYSIDE GATEWAY URBAN HEIGHT building. DISTRICT A. BUILDINGS IN THE BAYSIDE b. Building wall stepback requirement GATEWAY URBAN HEIGHT DISTRICT A AS along public street frontage for DEPICTED ON THE BAYSIDE HEIGHT buildings with frontage on one street: OVERLAY MAP MAY BE GREATER THAN 125 Minimum 10-foot stepback between feet but no more than 165 feet in height third and fifth stories and a minimum provided that: 10-foot stepback between the 125 and 30. Such buildings shall be reviewed by the 145 foot level. Planning Board as conditional uses under a. Building wall Structures subject to Section 6.5 of this Land Use Code. standards that require a stepback 31.1. Such buildings shall be sited to minimize below 125 feet in height shall be encroachment into designated view exempt from providing additional corridors and visual landmarks to and from stepback above 125 feet. This the downtown or that do not substantially exemption applies regardless of the further obstruct such corridors blocked by dimension of the required stepback at existing development as referenced in the lower building heights. Bayside Height Study Map and the B-7 b. Structures that voluntarily achieve a design standards. total stepback requirement along B. Stepback required public street frontage for buildings, 32.1. Portions of such buildings higher than 125 below 105 feet in height of 20 feet or feet shall be stepped back at upper levels greater from any street or public open to provide light and air to adjacent streets, space, with frontage onat least one trails, and open spaces, with a ratio of no stepback occurring between 35 and 65 less than the ratio of building height to feet in height. No individual stepback width of adjacent streets, trails and open used to meet this standard shall be spaces equivalent to 1.5 to 1. The Planning less than ten feet in depth. Board may modify this requirement for master development plans or major site plans provided that the following conditions are meta minimum of 30 feet from any street or public open space, with the following exceptions: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-33 Page 600 DIMENSIONAL STANDARDS established in paragraph (A) above, or provide a 15 foot wide streetscape improvement area containing a public sidewalk, landscaping, and other streetscape improvements within the abutting street right-of-way and/or private property along the street frontage. a.c. Structures with four or more façades subject to the required stepback must meet the standard as established in paragraph (A) above for the two longest building façades. The remaining street wallsbuilding façades shall either meet the same requirementstandard as established in paragraph (b)A) above, or provide a 15 foot wide streetscape improvement FIGURE 7-J: TOWER STEPBACK area containing a public sidewalk, 2. Structures with multiple streets: Above landscaping, and other streetscape façades abutting a street or public open improvements within the abutting space are subject to the following: street right-of-way and/or private a. Structures with two façades subject to property along the remaining street the required stepback must meet the frontage. A building with frontage on standard as established in paragraph four streets shall meet the above (b) requirement along A) above for requirement except that two of the both façades. streets shall have the stepback b. Structures with three façades subject requirementstreet frontages. to the required stepback must meet b.3. The Planning Board shall have the the standard as established in authority to waive one or more of the paragraph (A) above for the two required stepbacks provided that one of longest building façade street wall, and the following conditions is met: of the façades. The third façade shall i.a. The depth of the building lot either meet the standard as precludes a building having an average 7-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 601 DIMENSIONAL STANDARDS minimum lot depth dimension of 170 be provided within the first 35 feet of feet. height. ii.b. The proposed building has an a.c. The applicant shall demonstrate that architecturally significant design that building design elements and location is articulated to avoid a monolithic will reasonably mitigate downdraft appearance and emphasizes slender, effects of the proposed building or vertically-oriented proportions while buildings. employing a variety of scales, C. Tower floor plates. To minimize shadow and materials, fenestration, and massing to wind impacts, loss of views, and to allow for the assure a rich, visually interesting passage of light and air into interior spaces, experience as viewed within the those portions of a building above 125 feet in context of the downtown skyline and height are limited to a maximum floor plate of provide visual interest and human 10,000 square feet. scale at the pedestrian level. c.4. In the event such a waiver is granted,that the Planning Board grants a waiver for one or more of the required stepbacks, the Board may require the applicant to mitigate the impacts of the waiver by requiring any or all of the following conditions: i.a. Along all public street frontages and public open spaces, all buildings (regardless of height) shall maintain a pedestrian scale through the use of FIGURE 7-K: TOWER FLOOR PLATES building elements at the street level as listed in this standard along no less D. Tower separation. In order to preserve view than 60% of the building’s horizontal corridors and to maintain a varied skyline, allthe length. following tower separation requirements apply: ii.b. Along all public street frontages and 1. All portions of buildings above 125 in height public open space for the building(s) shall provide a minimum of 35 feet of over 125 feet, a canopy, awning, or setback from side and rear lot lines when similar permanent architectural abutting another tower. feature to provide pedestrian 2. Towers within a single development site protection and wind mitigation shall shouldshall be separated to avoid the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-35 Page 602 DIMENSIONAL STANDARDS appearance of a tall, solid block massing. iv. The applicant shall demonstrate In accordance with this policy, on building design elements and location 3. All portions of buildings above 125 feet in will reasonably mitigate downdraft height shall be separated a minimum effects of the proposed building or distance of 75 feet, measured parallel to buildings. any applicable street frontage. 33. Such buildings provide publicly accessible iii.4. On development sites of 500 feet or and usable open space, meeting the B-7 greater as measured parallel to Marginal design standards, of at least 10% of the Way, the aggregate building façade widths building lot area. above 85 feet shall not exceed 50% of the 34. If located on lots including or adjacent to total development site distance parallel to planned or proposed street or pedestrian Marginal Way. Buildings over 125 feet in way connections, land dedication to such height that are being reviewed as separate street or connection shall be credited phases of a master development plan shall toward the 10% open space requirement. be entitled to meet the 50% building Buildings over 125 feet in height that are requirement in aggregate for all such being reviewed as separate phases of a buildings over 125 feet in height in the master development plan shall be entitled master development plan, provided that to meet the 10% percent open space view corridors are retained as each phase requirement in aggregate for all such is built. buildings over 125 feet in height, provided that the open space shall not fall below 10% percent at any built phase or combination of built phases. 35. Such development shall comply with all other requirements and design standards as required by this article. E. Architectural cap allowance 1. A tower may extend up to 40 feet above the designated height limit for the purpose of enclosing rooftop appurtenances, and providing a distinctive architectural cap that adds visual interest to the Portland FIGURE 7-L: TOWER SEPARATION skyline. This does not apply to towers in 7-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 603 DIMENSIONAL STANDARDS the B-3 zone located north of Cumberland Avenue. 2. No habitable floor area shall be created within the building envelope provided by 7.6 SPACE AND BULK EXCEPTIONS an architectural cap, unless the following 7.6.1 Height standards are met: A. Exceptions to minimum height a. A minimum of 50% of such habitable requirements in any zone. Minimum height floor area is devoted exclusively to requirements in any zone shall not apply to the one or more uses open to the public, following: such as a restaurant, atrium, or 1. Accessory building components and viewing area. structures such as truck loading docks, b. The primary design intent and covered parking, mechanical equipment expression of the architectural cap enclosures and refrigeration units. shall determine whether additional 2. Information kiosks, ticketing booths, floor area is created. Such floor area parking attendant booths, or bank remote should be clearly incidental to the teller facilities. design expression, rather than a 3. Structures accessory to parks or plazas. continuation of floor plates found 4. Utility substations, including sewage below the architectural cap. collection and pumping stations, water pumping stations, transformer stations, 7.5.4 Supplemental dimensional standards for telephone electronic equipment specific structures enclosures, and other similar structures. A. Fences. In residential zones, no wall or B. Exceptions to minimum height fence within 15 feet of the street shall be more requirements in the B-3 zone. Minimum than four feet in height, unless said fence is height provisions as depicted on the City of located in the side or rear yard. Portland Height Map shall not apply to: B. Swimming pools. Outdoor swimming pools as 1. Additions to buildings existing as of June 4, accessory uses shall be subject to the following 2007 provided that the cumulative dimensional standards: additions since June 4, 2007 do not exceed 1. No swimming pool shall be sited in the 10% of the building footprint on June 4, front yard. 2007, except building additions on those 2. No part of any swimming pool shall be portions of the lot located closer to the located closer than 10 feet from the street line than the building footprint principal structure, nor closer than 10 feet existing as of June 4, 2007 shall not be from side or rear lot lines. included in this 10% limitation. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-37 Page 604 DIMENSIONAL STANDARDS 2. Buildings or building additions of less than height provisions as depicted on the B-6 2,500 square feet footprint, on lots or Building Height Overlay and Building Envelopes available building sites of less than 3,000 map shall not apply to: square feet. 1. Buildings located in the area east of E. Roof-mounted solar energy systems. Freedom Way. Photovoltaic panels and thermal water heating 2. Parking garages. panels, whether parallel or angled to a pitched 3. Additions to buildings existing as of or gable roof, may be erected above the height December 8, 2004 provided that the limitation for principal or accessory buildings as cumulative additions since December 8, follows: 2004 do not exceed 25% of the building 36. In all residential zones. Up to three feet footprint on December 8, 2004, except above the maximum height allowed in the that such restriction shall not apply to underlying zone. In the case of flat roofs, those portions of the building addition that the solar energy system may be up to five are constructed closer to the street line feet above the maximum height allowed in than the building footprint existing as of the underlying zone. All roof-mounted December 8, 2004. solar energy systems shall be set back from 4. Buildings or building additions of less than the edge of the roof by one foot for every 2,000 square feet footprint on lots or one foot of solar energy system height. available building sites of less than 2,000 37. In B-4 and industrial zones. Up to four feet square feet. above the maximum height allowed in the F. D. Exception for public art. Except in underlying zone. In the case of flat roofs, residential zones, public art that has been there are no height limits. individually accepted by the City Council for 38. In all other zones. Up to three feet above inclusion within the public art collection the maximum height allowed in the pursuant to Article 2120 shall not be subject to underlying zone. In the case of flat roofs, the height limitations within the underlying the solar energy system may be up to eight zone. feet above the maximum height allowed in E. Exceptions for rooftop appurtenances. the underlying zone. All roof-mounted Unless otherwise noted, rooftop solar energy systems shall be set back from appurtenances for the housing of elevators, the edge of the roof by one foot for every stairways, access vestibules, tanks, fans, or one foot of solar energy system height. other building operating equipment not C. Exceptions to minimum height intended for human occupancy, pedestal paver requirements in the B-6 zone. Minimum systems and decks up to 18 inches in height 7-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 605 DIMENSIONAL STANDARDS above the surface of the roof, deck railings or guards, skylights, steeples, flag poles, chimneys, 7.6.2 Building length smokestacks, radio or television masts, water A. Additions to existing buildings tanks, or silos may be erected above the height 1. In the B-2b, additions to buildings existing limitations herein prescribed. Unenclosed as of the effective date of this Code that shade structures covering up to 200 square do not cumulatively exceed 50% of the feet in floor area, and other appurtenances building footprint as of the effective date associated with rooftop occupancy may be of this Code are not required to meet erected to a height not exceed ten feet above minimum building length standards. the surface of the roof. However, any such additions shall increase F. Exception for telecommunication towers. conformity with the standards to the Where permitted, ground-mounted extent practicable. telecommunication towers may be erected 2. In the B-3, B-5, B-6, TOD-1, and TOD-2 above the height limitations within the zones, additions to buildings existing as of underlying zone. the effective date of this Code that do not G. Exception for accessory structures integral cumulatively exceed 25% of the building to principal uses in the I-L, I-Lb, I-M, I-Mb, footprint as of the effective date of this and I-H zones. Where an accessory structure Code are not required to meet minimum is integral to the operation of a principal use in building length standards. However, any the I-L, I-Lb, I-M, I-Mb, or I-H zone, such such additions shall increase conformity structure shall not be subject to the height with the standards to the extent maximums for the zone. Such accessory practicable. structures may include smokestacks, chimneys, B. In the B-6 zone. Buildings located in the area cooling towers, water towers, and similar east of Freedom Way shall be exempt from the features. minimum building walllength requirement. C. Lots with multiple street frontages. Where a 7.5.2 Length of building wall at maximum minimum building length as a percentage of setback street frontage applies to a lot with multiple C. In the B-6 zone. Buildings located area east of street frontages, the street with the highest the Fore Street Connector shall not be subject traffic volume shall meet the established to the building wall requirement. standard. In the case of a lot with two street In the B-7 zone. Additions to and relocations of frontages, the second frontage shall meet a designated historic structures or structures reduced standard of 40%. If there are more determined to be eligible under Article 17G. than two frontages, there is no minimum FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-39 Page 606 DIMENSIONAL STANDARDS requirement. for any frontage beyond the two effective date of this Code shall be deemed with the highest traffic volumes. to be small island lots, subject to modified D. The Planning Board may approve a different lot area, street frontage, setback, lot building length to comply with the standards of coverage, and landscaped open space ratio the City of Portland Design Manual provided requirements for residential uses. These that the building length standard is met to the standards apply only to lots in the IR-2 maximum extent practicable. zone on Peaks Island. 2. The standards for small island lots shall 7.6.3 Lot area apply to existing residential uses as well as A. Institutional uses in residential zones. No new residential development on qualifying minimum lot area shall be required for lots. The small island lot standards shall not institutional uses in residential zones in the apply to lots in nonresidential use or to following cases: nonresidential development in the IR-2 40. Uses existing as of June 1, 1983. zone. 41. Expansion on to land abutting the lot on 3. A new dwelling may be built on a small which the principal use is located. island lot subject to modified dimensional 42.2. Expansion onto land other than the lot on standards, provided that the lot is which the principal use is located to the currently vacant, in residential use, used extent that such expansion consists of the exclusively for parking, or contains reuse of surface parking area or structure(s) not used for residential nonresidential structures existing and in purposes. nonresidential use as of June 1, 1983, 4. New small island lots may only be created 43. Expansion onto land other than the lot on by a single lot division of an existing lot, which the principal use is located of no with the remaining developed portion more than 15% of the total contiguous land meeting the standard dimensional area of the existing use, or one acre, requirements of the IR-2 zone. Further whichever is less, within any five-year division of the remaining lot to create period. additional small island lots is prohibited. 5. Lots created as part of a cottage court A. Small island lots development in the IR-2 zone shall not be 1. Existing developed and considered small island lots, and shall be undeveloped lots in the IR-2 zone on Peaks subject to the standards for cottage court Island that do not meet the 20,000 square development. foot minimum lot area standard as of the 7-40 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 607 DIMENSIONAL STANDARDS B. B. Residential lots not served by public description. The Planning Authority shall sewers. A lot in an unsewered residential be authorized to accept such conservation district shall meet the provisions of the state easements on behalf of the city. Said Minimum Lot Size Law, 12 M.R.S. § 4807 et seq., easement shall be recorded by the or the applicable minimum lot area, whichever applicant in the registry of deeds. A copy is larger, except that the minimum lot size may of the recorded easement and copies of be reduced on the islands in Casco Bay as the deeds for both lots shall be submitted provided in (C) below. to the Planning Authority prior to issuance C. In island zones. In issuing any permit for new of a building permit. The property over development in island zones: which the conservation easement has been 1. The Building or Planning Authority shall granted shall be used for passive require that any lot located in the IR-1 zone recreational and conservation purposes shall be at least 40,000 square feet in area only, and shall be subject to the following and in the IR-2, IR-3, and I-B zones be at restrictions: least 20,000 square feet in area when the a. No structure shall be permitted on lot is to be serviced by a subsurface this property. wastewater disposal system, except those b. No parking or storage of vehicles or lots which are located in a subdivision machinery shall be permitted on this approved by the Planning Board after June property at any time. 8, 1968 and excluding Peaks Island. c. No area of this property shall be 2. Excluding Peaks Island from this paragraph paved. (2), any property owner whose lot does d. No exterior storage for commercial not meet the minimum lot size use shall be permitted on this requirements outlined in (1) above may, property. for purposes of this subsection only, e. The easement deed shall reference merge two or more separate lots on the the lot which is benefited by this same island in order to meet these conservation easement. No requirements. Where the lots so merged conservation easement shall be used are not contiguous, the property owner to benefit more than one lot. shall grant to the city as holder a 3. Conservation easements shall only be conservation easement upon the lot or granted over lots which conform either to lots which will not contain the principal the provisions of Subsection 4.3.1 or to the structure. The conservation easement shall minimum lot sizes set forth in Table 7-D. contain both an existing legal description Conservation easements shall not be and a city assessor's chart, block, and lot granted over any lot which is encumbered FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-41 Page 608 DIMENSIONAL STANDARDS by any other easement which prohibits all 5. For purposes of this subsection, the mean construction on that lot. A conservation high tide mark shall be considered to be easement may also name as a holder or the shoreline lot line. grant a third-party right of enforcement to a nonprofit corporation or charitable trust, 7.5.4 Lot coverage the purposes or powers of which include A. Lot surrounded by streets or alleys. Where a retaining or protecting the natural, scenic, lot containing ten thousand 10,000 square feet or open space values of real property; or less is completely surrounded by streets or assuring the availability of real property for alleys, the lot coverage may be increased 20%. agricultural, forest, recreational, or open space use; protecting natural resources; or 7.5.5 Setbacks maintaining or enhancing air or water A. Setbacks in residential and R-P zones. In any quality of real property. Nothing in this residential zone and the R-P zone, the width of subsection shall be construed to allow an one side setback may be reduced one foot for owner of a currently existing and every foot that the other side setback is developed lot to convey or permit a correspondingly increased, but no side setback portion of that lot to be used to fulfill the shall be less than the minimum required for a requirements of this subsection if such one-story building. conveyance would render the existing lot Setbacks in the O-P zone. The Planning Board nonconforming under the terms of this may reduce by up to 50% the minimum setback Land Use Code. The lot upon which a B. if another yard within the lot is building is to be constructed shall meet the correspondingly increased so that the minimum lot size requirements of combined minimum yards on all four sides Subsection 4.3.1. equal 150 feet. If two or more buildings are 4. Where an existing subsurface wastewater located on one lot, only the requirements of disposal system serving an existing the front, rear or side setbacks that adjoin any structure requires replacement, the external property boundary must be met, replacement system shall meet the provided a sufficient fire line is provided. applicable state requirements. The land area requirements in paragraph (1) above 7.6.4 Setbacks shall not apply to such a replacement Projections in Permitted encroachments into system. required setback areas. C. 1. Any setback may be occupied by a one-story entrance porch not enclosed, 7-42 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 609 DIMENSIONAL STANDARDS with or without a roof, if the area of the generators, and swimming pool pumps and porch does not exceed 50 square feet filters. This allowance does not include within the side or rear setback or 250 window-mounted or through-the-wall air square feet within the front setback, nor conditioning units. the projection from the building exceed six B. Build-to zone exceptions feet. Stairs necessary to access a porch 1. Limited access roads are not considered shall not be included in this calculation. A street frontages for the purposes of build- basement bulkhead of similar size, but not to zone requirements, and are exempt more than 24 inches in height, is also from build-to zone standards. permitted. A cornice eave, sill, canopy, 1. 2. Build-to zone requirements shall chimney, bay window, balcony, or other not apply to utility substations, alternative similar architectural feature may energy installations, and secondary projectencroach into any required setback building components such as truck loading a distance of not more than two feet. docks, mechanical equipment enclosures, D. Pavement setbacks. Pavement setbacks shall and refrigeration units. not apply to entrance drives. 2. In the B-1/B-1b zone. Building additions are E. Corner lot setbacks. In case a principal encouraged but not required to meet residential structure has its front yard upon the front setbacks. long side of a corner lot, the rear setback may 3. In the B-2/B-2b/B-2c zones be reduced to a depth not less than the a. Building additions do not have to required side setback on the lot, provided that meet maximum front setback the aggregate of the widths of both sides and requirements. depths of front and rear yards is not less than a. 3. The Planning Board or Planning the similar aggregate of required dimensions of Authority may approve a different front all setbacks if the front yard were faced on the setback or build-to zone for irregularly short side of the lot. shaped lots or lots with frontage greater F. Maximum front setbacks than 40 feet in width provided the front Maximum front setbacks setback or build-to zone is met to the 2. Ground-mounted and building-mounted maximum extent practicable. mechanical equipment may encroach into b. If a lot has less than 40 feet of a required side or rear setback. This frontage and is more than 100 feet includes mechanical equipment related to deep, then no maximum setback is the operation of the structure, such as required. heating, ventilation, and air conditioning c. If existing structures are within 20 feet (HVAC) equipment, personal electrical of the street or meet the front FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-43 Page 610 DIMENSIONAL STANDARDS setback maximum and the remainder a. The increased setback occurs at the of the lot has less than 40 feet of intersection of the streets. frontage, then no maximum setback is b. The increased setback area is the required. primary pedestrian entrance to the d. The Planning Board or Planning building. Authority may waive the maximum c. 75% of the total building wall length front setback for utility substations facing the abutting streets shall be and alternative energy installations. setback no greater than 10 feet. All a.4. Where setbacks exceed 10 feetIn the building wall segments which make up mixed-use and transit-oriented the increased setback shall be development zones, where buildings are included in the calculation of the total set back more than 10 feet from a lot line building wall length. abutting a street, or in the B-4 zone where a. For new construction on a lot abutting buildings are set back more than 20 feet three or more streets, the maximum from a lot line abutting a street, a setback shall . continuous, attractive, and pedestrian- a. 6. Where build-to zone requirements apply scaled edge treatment shall be constructed only toto a lot with multiple street along the street, consisting of street trees frontages, the two streets with the highest spaced at no more than 15 feet on center, traffic volume. approved by the City arboristArborist, and 6. In the B-7 zone a combination of landscaping no less than a. Parking structures, public four feet deep, ornamental brick or stone transportation facilities, utility walls, or ornamental fencing. substations, secondary building 4. 5. In the B-3/B-3b/B-3c zones. The components such as truck loading zone, the Planning Board may require or docks, mechanical equipment approve an additional setbackalternative enclosures, and refrigeration units are build-to zone to comply with the design not subject to the maximum front standards of Article 1413 and the City of setbacks. Portland Design Manual. b. The maximum front setback may be 5. In the B-6 zone. For lots fronting on more increased to more than 10 feet if all of than one street in the B-6 zone, the front the following conditions are met: setback can be increased more than 10 i. 75% of the total building wall feet if all of the following conditions are length of an individual building met: 7-44 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 611 DIMENSIONAL STANDARDS facing the abutting streets is setback shall apply to all streets but in the setback no greater than 10 feet. case of a lot having frontage on three ii. The increased setback area shall streets but not on a corner, the maximum include a functional and setback shall apply to only two streets. For accessible public pedestrian purposes of this subsection only, the first entrance into the building that building on a lotwith the highest traffic faces the street, unless a public volume shall meet the maximum setback pedestrian entrance already on at least one street with future buildings exists along the same street. required to meet the maximum setback on iii. The increased setback shall not the remaining street(s). established be used for surface parking. standard. Build-to zone requirements shall c. For a corner lot having frontage on not apply to any frontage beyond the two two streets, the maximum setback with the highest traffic volumes. shall apply to both streets. shall meet b. 7. In the B-6 zone, build-to zone the established standard. In the case requirements do not apply to parking of a lot having frontage onwith two or garages and public transportation facilities. more street corners, newly Notwithstanding required setbacks, new constructedfrontages and a corner, structures located in the blocks located buildings shall be sited at street south of Fore Street and north of corners and meet the maximum Commercial Street and its extension shall setback requirement prior to other build to the key building envelopes shown freestanding buildings being on the City of Portland Height Map. constructed on the lot which shall also Buildings located in the area east of the street corner and both frontages Freedom Way shall not have a maximum shall meet the maximum street front setback and shall not be required to setback.required build-to zone. In the build to the key building envelope case of a corner lot having frontage perimeter. Parking structures and the on a third street (but not a buildings for public transportation facilities corner)with three or more street may, however, be set back beyond the key frontages encompassing two or more building envelopes (toward the interior of corners, buildings shall be sited at the blocks), but may not occupy the land maximum setback need not apply to between the key building envelope and the corners, and the third street. street right-of-way.In the case of a lot in a. In the case of a lot having frontage on two which a minimum 75% of the total lot streets but not on a corner, the maximum frontage has a building within ten feet of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-45 Page 612 DIMENSIONAL STANDARDS the street, other buildings may be located as of March 9, 2005the effective date on the lot more than 10 feet from the of this Code that are nonconforming street. In the case of a lot having frontage as to the maximum setback needdo on Marginal Way and I-295, the property not conform to the maximum street edge along I-295 shall not be considered setback provided the cumulative street frontage. cumulatively exceed 50% of the The maximum building setback building footprint since March 9, 2005 8. Build-to zone requirements shall not apply does not exceed 50% of the existing to additions to existing buildings as follows: building footprint. Such restriction d. a. Build-to zone requirements shall shall not apply to those portions of not apply to vertical building the building addition that are expansions in the following cases: constructed closer to the street line i. The upper floors of a building in which than the building footprint existing as the lower floors meet the maximum of March 9, 2005 and to vertical setback and the additions to existing expansions as provided for in (f) buildings to meet minimum height above. as the effective date of this requirement. requirements. Code. However, any such additions ii. The building existed as of March 9, shall increase conformity with the 2005 and meets the minimum standards to the extent practicable. height requirement. e. Lots having frontage on streets in iii. A building not meeting the which the curve of the street frontage maximum street setback and the precludes a rectangular-shaped minimum height requirement may building along the street line, for vertically expand a total of one purposes of calculating the setback, floor from March 9, 2005. the average setback of the building iv. b. In the case of a building from the street line may be used, but in which at least 50% of the in no event shall the average setback building wall(s) abutting street(s) along the length of the building edge is within 20 feet of the street. exceed an average setback of 15 feet v. Additions B-1, B-2, and B-2b zones, nor shall the maximum setback exceed build-to parking garages existing as 20 feet. The increased setback shall of March 9, 2005. not be used for surface parking, a. Additionszone requirements shall not vehicular loading or vehicular apply to additions to buildings existing circulation. 7-46 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 613 DIMENSIONAL STANDARDS f. Additions to and relocations of b. RN-3: One side setback may be designated historic structures or reduced to zero feet, provided the structures determined to be eligible following:other shall be reduced to by the Historic Preservation Board not less than 5 feet. A permanent shall be exempt from the maximum maintenance easement a minimum of setback requirement. 5 feet in width shall be provided on c. In the B-4, B-5, B-6, TOD-1, and TOD-2 the parcel adjacent to the lot line with zones, build to zone requirements the zero foot setback. shall not apply to additions to buildings existing as of the effective 7.6.5 Stepbacks and areas of limited height date of this Code that do not adjacent to RN or open space zones cumulatively exceed 25% of the A. A cornice eave, sill, canopy, chimney, bay building footprint as of the effective window, balcony, or other similar architectural date of this Code. However, any such feature may project into any required stepback additions shall increase conformity or area of limited height adjacent to an RN or with the standards to the extent open space zone a distance of not more than practicable. two feet. C. Minimum setback exceptions for B. Building mounted mechanical equipment may nonconforming lots of record encroach into a required stepback or area of 1. In the case of a nonconforming limited height adjacent to an RN or open space lot of record existing as of June 5, 1957 in zone by no more than 50% of the width of such the RRN-1, RRN-2, RRN-3, R-4, R-5, R-5a, and required stepback. This includes mechanical R-6RN-4 zones and less than 100 feet deep, equipment related to the operation of the the front setback need not be deeper than structure, such as heating, ventilation, and air 20% of the depth of the lot. conditioning (HVAC) equipment. 2. In the case of a nonconforming lot of record existing as of June 5, 1957 in a 7.6.6 Street frontage residential zone, the required side setback In the IR-1 and IR-2 zones, a lot of record that is for principal structures may be reduced in buildable pursuant to Subsection 4.3.1 and lots order to provide a buildable width of up to created after July 15, 1985, which are not part of a 24 feet, but in no case shall the resulting subdivision need not provide street frontage if side yards as follows: access is available by means of a permanent a. RN-1, RN-2: No side setback shall be easement or right-of-way which existed as of July 15, reduced to less than 5 feet. 1985. Such easement or right-of-way shall have a minimum width of 16 feet and a minimum travel FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-47 Page 614 DIMENSIONAL STANDARDS width of eight feet except that an easement or right-of-way providing access for three or more lots or providing the only means of access to a parcel or parcels of three acres or more, shall meet the construction requirements of Chapter 25, Article III of the City of Portland Code of Ordinances. In the IR-1 zone, such easement or right-of-way shall conform to the requirements contained within the City of Portland Technical Manual. In the IR-2 zone, such easement or right-of-way shall be a minimum of 32 feet wide. Such easement or right-of-way shall be sufficient to permit municipal service delivery. 7.6.7 Additions to and/or relocations of designated historic structures Additions to and/or relocations of designated historic structures or structures determined by the Historic Preservation Board to be eligible for such determination shall not be required to meet minimum building height, or minimum building length standards. 7-48 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 6157.6.7 Additions to and/or relocations of designated historic structures Additions to and/or relocations of designated historic structures or structures determined by the Historic Preservation Board to be eligible for such determination shall not be required to meet minimum building height, or minimum building length standards. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 7-49 Page 616Areas Eligible for Architectural Cap*** Eligible areas are shown below: Downtown Height Overlay Portland, Maine Amended April 24, 2023 100' offset* 100' offset* 100' offset* 100' offset* Height Overlay Legend 100' offset* 100' offset* Maximum Height (ft.) 35 90** 100' offset**50' offset from 45 125 parcel line 100' offset* 50** 150 40' offset from 65 190 parcel line 85 210 100' offset* Notes: No new construction of any building shall be less than 35 ft. in height within 50 ft. of any street frontage. See Land Use Code for exceptions. Maximum street wall height within the B-3 zone is 65 ft. unless otherwise noted. 65' offset from *Boundary offsets are from street centerline unless otherwise noted. parcel line **Multiple stepbacks cumulatively reaching at least the minimum noted above (15 and 30 ft.) are acceptable. ***Architectural Cap Allowance: The building form may extend up to 40 ft. above the designated height limit for the purpose of proving a distinctive graduated design for an architectural building top and to enclose rooftop appurtenances. No habitable floor area 30' offset from parcel line shall be developed within the building envelope provided by the addition 40 ft. unless at least 50% of such habitable floor area is devoted exclusively to one or more publicly 0500 1,000 2,000 3,000 4,000 accessible uses, and provided that such floor area is incidental to the primary design Feet \ intent of the space. Page 617 Bayside Height Overlay Map Page 618 Amended April 24, 2023 WASHINGTON AVE ATLANTIC ST ANDERSON ST Portland, ME ST LAWRENCE ST ST FOX ST Height Map CUMBERLAND AVE HANNAFORD PLZ BAYSIDE TER WATERVILLE ST Max. Height (ft) E OXFORD ST MONUMENT CONGRESS ST KELLOGG ST BAXTER BLVD FRANKLIN ST 45 ft KENNEDY PARK PREBLE ST EXT SHERIDAN ST 55 ft MAYO ST SMITH ST 65 ft 85 ft AY BOYD ST MOUNTFOR W T ST 1 05 ft 1 25 ft MARGINAL Thompson's Point ST See B-6 Building Height 1 80 ft FOREST AVE 250 ft SOMERSET Overlay & Building 325 ft NEWBURY ST LANCASTER ST Envelopes Map CHESTNUT HANCOCK ST Maximum Street Wall Height(ft) KENNEBEC ST THAMES ST PROPOSED FEDERAL ST E 50’ max. street wall height with 15’ stepback INDIA OXFORD ST HAMPSHIRE ST ST 100’ offset 90’ max. street wall height with 15’ stepback CEDAR ST 100’ offset ST MYRTLE ST 50’ max. street wall height with 30’ stepback PEARL ST EASTERN PROM TRAIL 90’ max. street wall height with 30’ stepback ELM ST 100’ offset FRANKLIN ST PREBLE ST OCEAN GATEWAY PIER ALDER ST Multiple stepbacks cumulatively reaching at HANOVER ST THAMES ST least the minimum noted above (15 and 30 ft.) BRATTLE ST W are acceptable. 100’ offset CUMBERLAND AVE FORE ST PARRIS ST NEWBURY ST No new construction of any building shall be PORTLAND ST MIDDLE ST less than 35 ft. in height within 50 ft. of any FEDERAL ST MARKET street frontage. See Land Use Code for TEMPLE ST FOREST AVE MAINE STATE PIER EXCHANGE ST exceptions. MECHANIC ST SILVER ST BROWN ST ST Boundary offsets are from street centerline MAINE WHARF PARK AVE CASCO ST unless otherwise noted. 100’ offset CUSTOM HOUSE WHARF STATE ST 100’ offset No rooftop structure located between the ST projections of the centerlines of Emery St. and GRANT PORTLAND PIER Fletcher St., as described above. shall exceed a CONGRESS ST SPRING ST 100’ offset UNION ST height of 62 ft as measured from average grade WHARF ST OAK ST CENTER ST of the building at its foundation. SHERMAN ST LONG WHARF MELLEN ST COMMERCIAL ST 100’ offset FREE ST 50’ offset from WIDGERY'S WHARF CUMBERLAND AVE parcel line HIGH ST CHANDLER'S WHARF FINAL DRAFT FOR 45’ within 40’ of ROW PLANNING BOARD REVIEW UNION WHARF 100’ offset ST EMERY ST PLEASANT PORTLAND FISH PIER PINE ST35’ within 65’ TS LAEN TS PARK ST CARLETON ST BRACKETT of ROW STATE ST DANFORTH ST YORK ST Commercial/Danforth DANFORTH ST ST WINTER ST WRIGHT'S WHARF WEST ST HOBSON'S WHARF 45’ within 30’ GRAY ST of ROW W COMMERCIAL ST Page 61912.9.20 B6 Building Height Overlay Notes: 1. For buildings located East of Hancock Street, except as provided in note 2 below, no building mass higher than 45 feet shall be wider than 70 feet measured parallel with the waterfront nor longer than 140 feet measured perpendicular with the waterfront. The 70-foot wide building extension allowed above must be at least 90 feet apart, measured parallel with the waterfront, and if abutting Mountfort Street (extension) must be set back 25 feet from any street. 2. For buildings east of Mountfort Street but west of the area indicated for the future Fore Street Connector Road, no building mass higher than 45 feet shall be wider than 125 feet within 70’ of the Fore Street right-of-way, as measured perpendicular to the Fore Street right-of-way. 125 feet shall be a cumulative maximum for this Building Envelope area within 70’ of Fore Street. 3. For buildings east of Mountfort Street but west of the area indicated for the future Fore Street Connector Road, no buildings shall exceed 35 feet in height above the adjacent Fore Street grade within 40’ of the Fore Street right-of-way, as measured perpendicular to the Fore Street right-of-way. 4. In Defined View Corridors, no building allowed above the corresponding Fore Street elevation. 5. For buildings located east of the area indicated for the future Fore Street Connector Road, no building shall exceed 35 feet in height above the adjacent Fore Street grade within 100 feet of the Fore Street right-of-way, as measured perpendicular to the Fore Street right-of-way. 6. Location of Building Break Line is approximate as shown and intended to promote a break in building mass to allow for the development of blocks and site permeability. The exact location of blocks and site permeability shall be identified, defined, and reviewed under a Master Development Plan or Site Plan review. 7. There shall be no new buildings in the areas of the Mountfort Street Extension and the Fore Street Connector Road, which shall be reserved for protection of public views and future extension of streets built to City street design standards. Precise layout and design shall be identified, defined, and reviewed under a Master Development Plan or Site Plan Review. 8. View Protection Splays. These areas shall be prioritized for view protection, site circulation, and active public space. 9. Interpretation of Boundaries. View Corridor limits shall be drawn from an extension of the corresponding streets where these streets meet Fore Street, or in the case of Kellogg Street where it meets Adams Street. Building Envelope boundaries shall take their boundaries from the nearest view corridor and/or street extension boundaries where applicable; when a Building Envelope does not align with a view corridor or street extension, the boundary shall be the parcel boundary. 10. No new construction of any building shall have less than three (3) floors of habitable space above the average adjacent grade within twenty-five (25) feet of any public street (except where buildings are located east of the Fore Street connector, which shall not be subject to a minimum building height). Page 620 Portland, ME STST LAWRENCELAWRENCE STST B-6 Building Height KELLOGGKELLOGG STST WATERVILLE ST Overlay & Building SHERIDANSHERIDAN STST Envelopes Map ADAMS ST 35 ft max MUNJOY SOUTH MUNJOY SOUTH 45 ft max JOHNJOHN POORPOOR XINGXING 45 ft max with 55 ft extentions EASTERNEASTERN STRANDSTRAND WAYWAY 45 ft max with 65 ft extentions MOUNTFORTMOUNTFORT STST Building Break Line Monfort Street Extension FOREFORE STST View corridor Freedom Way EASTERNEASTERN PROMPROM TRAILTRAIL THAMESTHAMES STST View protection splays HANCOCK ST FINAL DRAFT FOR PLANNING BOARD REVIEW THAMESTHAMES STST OCEAN GATEWAY PIER Page 621 OVERLAY ZONES 8 OVERLAY ZONES TABLE 8-A: R-7 DIMENSIONAL STANDARDS Lot area (min.) None 8.1 COMPACT URBAN RESIDENTIAL OVERLAY Street frontage (min.) None (R-7) Front None The purpose of the R-7 Compact Urban Setbacks Rear and side 5 ft. Residential Overlay Zone is to encourage and (min.) Side yard on accommodate compact residential None side street development on appropriate locations on the Lot coverage (max.) 100% Portland peninsula, pursuant to the New Vision Lot area per dwelling unit 435 SF for Bayside and housing plans of the City of (min.) Portland. Suitable sites should be within Structure height (max.) 50 ft. walking distance of downtown or other work Dwelling unit size (min.) 400 SF places, shopping and community facilities, and have access to public or private off-site parking 8.1.2 Permitted Uses or transit service. The intent of this zone is to Permitted uses in the R-7 Compact Urban foster increased opportunities for compact Residential Overlay Zone shall be the uses permitted living for owners and renters representing a in the R-6 zone. variety of income levels and household types. 8.1.3 Dimensional standards Locations for siting the R-7 zone are intended to be Residential uses shall comply with the dimensional located on the peninsula of Portland, in the area requirements in Table 8-A. All other uses in the R-7 encompassed in the New Vision for Bayside plan, zone shall observe the dimensional requirements of other peninsula R-6 locations characterized by the R-6 zone. moderate- to high- density multi-family housing in a form and density exceeding that allowed in the R-6 8.1.4 Design standards zone and where infill development opportunities Residential development shall be reviewed by the exist, and areas on the peninsula with mixed Planning Board under Article 14. Such development business and residential zoning and uses which can shall also comply with the following development accommodate higher density infill residential standards. The general intent of these development development without negatively impacting the standards is to achieve an attractive and existing neighborhood or adjacent properties. It comfortable city neighborhood environment. may be appropriate in some cases to apply the R-7 Varied and human-scaled building facades are key to Overlay Zone through conditional or contract making a place "pedestrian-oriented." Building zoning to ensure that the new development is designs should provide a high level of visual interest, architecturally appropriate and compatible with the without creating a chaotic image. Residences surrounding neighborhood. should include design elements that enhance the streetscape and address the street. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-1 Page 622 OVERLAY ZONES A. Porches and bays should face the street. within which fights and assaults, disorderly conduct B. Primary ground floor residential entries to and other breaches of the peace occur and that are multi-family buildings must orient to street, not difficult to effectively police and that expose not to interior blocks or parking lots. Secondary only innocent bystanders but also police officers to and upper-floor entries from the interior of a danger and personal injury. block are acceptable. The front door to single-family homes, duplexes, and townhouses 8.2.2 Applicability must be visible from the street. For the purposes of this section, the Downtown C. The design approach shall provide an Entertainment Overlay Zone includes and is defined architecture that will be a visible and by the boundaries of the following zones as shown permanent expression of the character of the on the Downtown Entertainment Overlay Zone neighborhood. map: the B-3, B-3c, and WCZ zones. Any property D. The facade shall be varied and articulated to that lies partly within the Downtown Entertainment provide visual interest to pedestrians. Overlay Zone shall be subject to the regulations of E. The design shall reinforce the public realm of the overlay. the public open space, sidewalks, and streets through appropriately scaled entries, porches, 8.2.3 Dispersal requirement fenestration, landscaping, and architectural A business with an entertainment license as details. required or authorized by Chapter 4, Section 4-51(a) F. The design shall provide visual and acoustical of the City of Portland Code of Ordinances within privacy between units. the Downtown Entertainment Overlay Zone may G.A. The design shall maximize natural light and not be located within 100 feet of another business ventilation within units. with an entertainment license, as measured along or across public ways from the main entrance or entrances of each. DOWNTOWN ENTERTAINMENT OVERLAY 8.2.1 Purpose 8.2.4 Exemption The purpose of the Downtown Entertainment A. A business with an entertainment license Overlay Zone is to regulate the location of located in the Downtown Entertainment businesses with entertainment licenses in order to Overlay Zone on or before January 3, 2006 maintain and improve public safety and the quality shall not have to comply with the requirements of life of Portland residents by preventing an over- of this section and if located within 100 feet of concentration of businesses with entertainment another licensee shall be considered a licenses, particularly those which also have liquor nonconforming use controlled by Article 4. licenses, and the public safety problems that have Such a business is considered an entertainment and will be experienced when too many of these business for the purpose of calculating businesses are located too close to each other. dispersion requirements under Subsection 8.2.3 These problems include large late-night crowds for a new or relocating entertainment business 8-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 623 OVERLAY ZONES in the Downtown Entertainment Overlay Zone. The purpose of the Coastal Flood Resilience Overlay B. A business with an entertainment license that Zone (CFROZ) is to protect persons and structures does not allow amplified entertainment shall from the adverse effects of sea level rise and storm not have to comply with the dispersal surge associated with climate change by: requirement of Subsection 8.2.3. A. Advancing adaptation strategies for long-term resilience. 8.2.5 Separate business entities B. Complementing public realm resilience Where two or more entertainment businesses measures by guiding development on private operate on one site, and where each business entity property. requires or has a separate business license, or C. Mitigating flood risks in a way that is specific to displays in a manner visible from public property Portland’s unique hydrological conditions and separate business trademarks, logos, service marks, affected uses, particularly in areas that are not or other mutually identifying names or symbols, currently recognized as flood zones but are each business entity shall be counted as a separate vulnerable to future sea level rise. entertainment business for the purpose of this D. Providing a balanced framework in which flood section. protection requirements are proportional to the vulnerability and risks of various 8.2.6 Conditions occupancies. Following a hearing held pursuant to Chapter 15, Section 15-10 of the City of Portland Code of 8.1.2 Applicability Ordinances, the City Clerk may impose conditions The provisions of the CFROZ shall apply to property to maintain or improve public safety on the food or proposed projects wholly or partially within the service license of any business in the Downtown boundaries of the Coastal Flood Resilience Overlay Entertainment Overlay Zone that operates between Zone as depicted on the City of Portland Zoning 1:00 a.m. and 4:00 a.m., following a written Map. However, property or proposed projects recommendation from the Portland Police within the CFROZ boundary that are also located Department that such conditions are necessary. wholly or partially within special flood hazard areas The City Clerk’s decision may be appealed to the with a BFE of 13 feet or higher as defined in Article City Manager pursuant to Chapter 15, Section 15-9 of 12 shall be exempt from the provisions of the the City of Portland Code of Ordinances. Nothing CFROZ. in this section shall be construed to limit the City Clerk’s authority in Chapter 15 to deny, suspend, or 8.1.3 Relationship to underlying zoning revoke any license pursuant to the standards and The CFROZ constitutes an overlay zone. The provisions process in that chapter. of the underlying zoning, as they may be amended from time to time, continue to apply, except as expressly 8.1 COASTAL FLOOD RESILIENCE OVERLAY superseded by this Section. Where conflicts exist ZONE (CFROZ) between this Section and the remainder of this Code, 8.1.1 Purpose the more restrictive provision shall govern. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-3 Page 624 OVERLAY ZONES 8.1.4 Use classifications E. For the purposes of this Section, uses in the CFROZ shall be classified as follows: 1. Critical uses. Critical uses generally include residential, governmental, educational, medical, emergency, and related high-risk uses. 2. Non-critical uses. Non-critical uses generally include retail, restaurant, commercial, and related medium-risk uses. 3. Exempt uses. Exempt uses generally include low risk and low occupancy uses such as parking, construction yards, and storage. F. Table 8-A shall determine whether a use is classified as critical, non-critical, or exempt. For uses not listed in Table 8-A, the Building Authority or the Planning Authority shall determine the classification based upon the most nearly comparable land use. Water- dependent uses shall be considered exempt. G. All accessory uses shall be considered non- critical, with the following exceptions: 1. Accessory dwelling units. 2. Child care centers and small child care facilities greater than 1,000 square feet in floor area. 3. Clinics greater than 1,000 square feet in floor area. 8-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 625 OVERLAY ZONES TABLE 8-A: CLASSIFICATION OF USES AS CRITICAL, NON-CRITICAL, OR EXEMPT Critical Non-Critical Exempt Single-family dwellings ⏺ Two-family dwellings ⏺ Three-family dwellings ⏺ Four-family dwellings ⏺ Townhouse dwellings ⏺ Multi-family dwellings ⏺ Residential Live/work dwellings ⏺ Group homes ⏺ Lodging houses ⏺ Child care centers + small child care facilities ⏺ Clinics ⏺ Cultural facilities ⏺ Elementary, middle, and secondary schools ⏺ Emergency shelters ⏺ Governmental uses ⏺ Hospitals ⏺ Places of assembly ⏺ Post-secondary schools ⏺ Residential care facilities (small) ⏺ Institutional Residential care facilities (large) ⏺ Adult business establishments ⏺ Animal-related services ⏺ Auto, boat, and related dealerships ⏺ Auto service stations ⏺ Bars ⏺ Bed and breakfasts ⏺ Exhibition, meeting, and convention halls ⏺ Funeral homes ⏺ General offices ⏺ General services ⏺ Greenhouse/Nursery, retail ⏺ Hostels ⏺ Hotels ⏺ Marijuana retail store ⏺ Commercial Market garden ⏺ FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-5 Page 626 OVERLAY ZONES TABLE 8-A: CLASSIFICATION OF USES AS CRITICAL, NON-CRITICAL, OR EXEMPT Critical Non-Critical Exempt Neighborhood nonresidential reuse ⏺ Office park ⏺ Recreation and amusement centers ⏺ Registered marijuana dispensary ⏺ Restaurants ⏺ Retail ⏺ Small-scale marijuana caregiver ⏺ Specialty food service ⏺ Theaters and performance halls ⏺ Commercial Veterinary services ⏺ Communication studios ⏺ Construction & engineering services ⏺ Dairies ⏺ Fish waste processing ⏺ Food & seafood processing, packing, and distribution ⏺ High-impact industrial uses ⏺ Impound lots ⏺ Intermodal transportation facilities ⏺ Laboratory and research facilities ⏺ Low-impact industrial ⏺ Lumber yards ⏺ Marijuana cultivation facility (<2,000 SF plant canopy) ⏺ Marijuana cultivation facility (2,000-7,000 SF plant canopy) ⏺ Marijuana cultivation facility (>7,000 SF plant canopy) ⏺ Marijuana manufacturing facilities ⏺ Marijuana testing facilities ⏺ Printing and publishing ⏺ Recycling facilities ⏺ Self-storage ⏺ Solid waste disposal facilities ⏺ Studios for artists and craftspeople ⏺ Telecommunication towers (ground-mounted) ⏺ Industrial Warehousing and distribution ⏺ 8-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 627 OVERLAY ZONES TABLE 8-A: CLASSIFICATION OF USES AS CRITICAL, NON-CRITICAL, OR EXEMPT Critical Non-Critical Exempt Agriculture ⏺ Boathouses and storehouses for fishing equipment ⏺ Campgrounds ⏺ Cemeteries ⏺ Marinas and yacht clubs ⏺ Marine uses ⏺ Off-street parking ⏺ Parks and open spaces ⏺ Social service centers ⏺ Solar energy system (minor) ⏺ Solar energy system (major) ⏺ Utility substations ⏺ Wharves, piers, docks, and landing ramps ⏺ Wind energy system (minor) ⏺ Other Wind energy system (major) ⏺ 8.1.5 Projects subject to the standards of the require compliance with the CFROZ standards. CFROZ J. Structures within the CFROZ that are 50,000 H. Any development located within the square feet or greater in gross floor area and established boundary of the CFROZ, and which undergoing substantial improvement are meets the thresholds listed below, shall be required to meet the CFROZ standards when subject to the standards of the CFROZ. they contain a critical use or uses. For the 1. All new construction containing a critical purposes of this subsection, substantial use or uses. improvement shall be as defined in Article 12. 2. New construction of greater than 1,000 square feet containing non-critical uses 8.1.6 Use and dimensional requirements only. K. Sea level rise design flood elevation (SLR- 3. Any addition of greater than 1,000 square DFE). The required SLR-DFE shall be feet containing critical or non-critical uses. determined by use classification. For mixed-use I. Where a change of use occurs within the developments that contain uses in different CFROZ, all portions of a building containing a classifications sharing a ground floor, each use critical use and the critical systems supporting shall be addressed independently. such use shall meet the CFROZ standards. Changes of use to non-critical uses shall not FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-7 Page 628 OVERLAY ZONES FIGURE 8-A: CFROZ USE CLASSIFICATIONS AND DESIGN FLOOD ELEVATION 1. Critical uses. The SLR-DFE for all critical SLR-BFE. In a proposed project containing uses (SLR-DFE-C), including the critical non-critical uses, the following building and systems serving such uses, shall be a site elements are permitted to be located minimum of one foot above SLR-BFE, as below SLR-DFE: defined in Article 3. In a proposed project a. Lobbies, entries, egress stairs, and containing critical uses, the following elements required for vertical building and site elements are permitted to circulation from the SLR-DFE to grade, be located below the SLR-DFE: such as elevators, ramps, and stairs. a. Lobbies, entries, egress stairs, and b. Parking. elements required for vertical c. Storage. circulation from the SLR-DFE to grade, d. Flood protection equipment. such as elevators, ramps, and stairs. 3. Exempt uses. Exempt uses shall not be b. Parking. subject to dimensional requirements with c. Storage. respect to SLR-BFE. d. Flood protection equipment. L. Building height. Within the CFROZ, if a 2. Non-critical uses. The SLR-DFE for non- proposed project contains principal critical or critical uses (SLR-DFE-NC), including the non-critical uses on the ground floor, height critical systems serving those uses, shall be shall be measured from the SLR-DFE or from no lower than two feet below SLR-BFE, as average grade, whichever is higher. defined in Article 3. The minimum M. Exemptions for required ramping and stairs. elevation of the underside of the beams Ramping and stairs necessary to meet any supporting the second floor in a multi- required SLR-DFE may be included within the story building, or the roof in a one-story calculation of area required to meet building, shall be no less than 13 feet above landscaped open space ratio requirements, 8-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 629 OVERLAY ZONES and shall not be included within the calculation boundary, whichever is closer, to the west of this of lot coverage. Ramping and stairs necessary key apex point that is located closer to the middle to meet any required SLR-DFE may be located lineas indicated on the City of Sheridan Street than in any required front yard, interior or corner said apex point. Portland Zoning Map. side yard, or rear yard, and in cases where build-to requirements apply, shall be 8.3.2 Standards considered to meet the build-to percentage. Notwithstanding any other section of this Land Use Hazardous materials. Any hazardous materials Code, development in the Fort Sumner Park Height shall be fully contained and elevated a minimum Overlay shall be subject to the following additional of two feet above SLR-DFE. provisions: A. The top of structures, including rooftop 8.2 FORT SUMNER PARK HEIGHT OVERLAY appurtenances, within the overlay shall not 8.3.1 Purpose. The purpose of the exceed the baseline vertical height of the apex Applicability point (160.27’ City of Portland Datum (Mean The Fort Sumner Park Height Overlay is established Tide)). For each 25’ radially away from the apex to protect the public interest by limiting the impact point, the vertical height permitted in the of development on the quintessential views of overlay is reduced by 1 foot. (See Figure 8-AB.) natural resources and the changing Portland skyline B. The minimum building setback from the park from Fort Sumner Park. property shall be 15 feet. Applicability 8.3.3 Review process There is established aA key apex point is established Any project within the Fort Sumner Park Overlay in Fort Sumner Park at 43° 40’ 2.3359” N. 70° 15’ shall go before the Parks Commission for a 4.3687” W . The Fort Sumner Park Height Overlay recommendation to the Planning Board regarding includes all land within 200 feet, or the R-6 zone potential impacts on Fort Sumner Park. FIGURE 8-B: FORT SUMNER PARK OVERLAY PERMISSIBLE HEIGHT FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-9 Page 630 OVERLAY ZONES 8.3 HELISTOP OVERLAY 8.48.3 INSTITUTIONAL OVERLAY (IOZ) 8.4.1 Purpose 8.5.18.3.1 Purpose The intent of the Helistop Overlay is to allow for The Institutional Overlay Zone (IOZ) designation helicopter landing areas on individual sites in provides a regulatory mechanismtool available to addition to those uses permitted in the underlying the city’s five major medical and higher education zone. The purpose of this zone is to protect the campuses where an improvedalternative regulatory public health and safety by allowing helicopters structure is needed to facilitate a consistent, serving medical needs to land in certain areas, while predictable, and clear growth management process. protecting surrounding areas from any negative The purposes of the Institutional Overlay Zone are effects associated with such a use. to: A. Acknowledge that the city’s major academic 8.4.2 Helistop standards and medical institutions play a prominent role C. High volume helistops (more than five landings in the health and well-being of the local and per month) regional community, and in order to sustain 1. All take-off, landing, and parking areas shall that role, these institutions need flexibility to be surfaced with grass or with a dust-proof change and grow. material. B. Encourage proactive planning for institutional 2. Each landing pad shall be set back at least change and growth which identifies and 200 feet from any residence, school or addresses likely long-term institutional needs church. Each landing pad shall be set back and cumulative impacts while leveraging at least 50 feet from any commercial or potential benefits at the neighborhood, city, industrial structure. All setbacks shall be and regional level. measured from the edge of the landing C. Ensure that institutional change and growth pad. both complements and, as appropriate, 3. The area in which a landing pad is located integrates adjacent or surrounding shall be enclosed by a fence or other neighborhoods through carefully planned barrier of not less than three feet in height transitions. or shall be secured by a locked gate, as D. Support the formation and continuation of approved by the Fire Department. mutually beneficial public-private cooperation. 4. All high-volume helistops shall be subject E. Support an ongoing public engagement to review under Article 14. process that benefits both the institutions and D. Low-volume helistops (five or fewer landings nearby neighborhoods. per month) F. Reflect Comprehensive Plan and other policy 1. All low volume helistops shall be subject to objectives. approval by the Building Authority and the G. Provide a consistent regulatory approach to Fire Department. alltool for Portland’s major institutions which allows unique regulatory requirements that includes the flexibility required to balance the 8-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 631 OVERLAY ZONES particular needs of institutions with the needs zone change application for an Institutional of the surrounding neighborhood and wider Overlay Zone, and the second shall be held community. during the City’s review. Meetings shall identify the concerns, if any, of affected residents and 8.5.28.3.2 Location and applicability property owners, and should solicit feedback to The city’s five major medical and higher education inform the development of the Institutional institutions are eligible to apply for designation as Development Plan (IDP) and regulatory Institutional Overlay Zones. The eligible institutions framework proposed. Meetings shall be held in are the two major hospital institutions of Maine a convenient location proximate to the Medical Center and Mercy Hospital and the three institution. The applicant shall provide written major academic institutions of University of notification to property owners of record Southern Maine and University of New England, and within 500 feet of the proposed IOZ boundary The Roux Institute at Northeastern University, their at least ten days prior to the meeting dates, and successors and assigns. Designation as an IOZ is the shall maintain written records of the meetings. preferred mechanism where the eligible institution’s C. Required scoping meeting. The eligible proposed development is inconsistent with the institution shall meet with the Planning existingUse of an Institutional Overlay Zone is Authority after the first required neighborhood encouraged for these institutions, particularly meeting and prior to submission of the zone where proposed future development may be change application to confirm the focus of the inconsistent with current base zoning. Institutional Development Plan (IDP) and regulatory framework, including associated 8.5.38.3.3 Establishment study areas that may be outside of the A. Application for an Institutional Overlay Zone. proposed IOZ boundary. The IDP and Where thean eligible institution seeks regulatory framework will vary in detail and designation as an IOZ, they shall submit a zone focus depending on the eligible institution and change application consisting of two its particular context. The content components: requirements in Subsections 8.53.4 and 8.53.5 1. An Institutional Development Plan (IDP) in and the recorded comments from accordance with Subsection 8.53.4. neighborhood meeting(s) shall provide 2. A regulatory framework in accordance direction for the content of the IDP. The with Subsection 8.5.5 that would, when and Planning Authority or Planning Board may if3.5. If adopted, bethis framework shall require additional information or modify serve as the text and map amendment to content requirements as is relevant to the the City’s Land Use Code and zoning map. eligible institution. B. Required public involvement. At least two D. Reviewing authority. The Planning Board shall neighborhood meetings shall be required. to review the zone change application, including establish designation as an IOZ. The first shall the IDP and regulatory framework. At least one be held prior to the formal submission of a public workshop and a public hearing before FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-11 Page 632 OVERLAY ZONES the Planning Board are required. Upon establish baseline data about institutional land recommendation of the Planning Board, the uses, facilities, and services, and to measure, City Council shall review and consider adoption analyze, and address the anticipated or of the Institutional Overlay Zone and the potential impacts of planned institutional accompanying regulatory framework as an growth and change. The IDP shall serve as a amendment to the City’s Code of Ordinances. background document that supports the E. Future institutional development. All new proposed regulatory framework and development by the eligible institution within framesinforms subsequent site plan review(s). the boundary of the IOZ shall be compliant with B. Planning horizon. An IDP shall provide the the established IOZ and accompanying City and abutting neighborhoods with a clear regulatory framework,. It shall also be outline of the anticipated or potential growth consistent with the IDP, consistent with the and change of the eligible institution for the Comprehensive Plan, and shall meet applicable short- to medium-term (e.g. 1-5 and 5-10 years site plan standards, unless such standards are respectively), as well as a conceptual growth superseded by the regulatory framework. Any plan for the long-term (e.g. 10 years or more). use/development proposed by thean eligible howeverHowever, the specific planning institution outside the established IOZ horizons for each institution will be determined boundary that complies with the zoning for as part of the IDP approval process. permitted uses in that location shall be C. Content. The IDP submission shall address the reviewed under the standards of thatthe following elements unless specifically modified applicable zone. Any use/development by the Planning Authority or Planning Board, proposed by an eligible institution outside of with the scope and level of detail to be clarified the IOZ boundary that , unless such at the required scoping meeting: development is proposed in a residential zone 1. Context information, including: and is functionally related to the operations a. The institution’s adopted mission, within the IOZ, in which case it shall be vision, or purpose statement. addressed by the IDP and require an b. A summary of relevant baseline data amendment to the IDP. as applicable. on the institution, including: i. A neighborhood context plan. 8.5.4 8.3.4 Institutional Development Plan ii. An inventory of current programs (IDP) and services. A. Purpose. Any use conducted by an eligible iii. A current census of the number institution and any construction by an eligible of people using the institution institution in an Institutional Overlay Zone shall (e.g., employees, enrollment, be consistent with an Institutional patients), with an indication of Development Plan (IDP) approved by the maximums and minimums over Planning Board in accordance with this time. ordinance section. The purpose of the IDP is to 8-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 633 OVERLAY ZONES iv. An inventory and/or plan of all and change, including: existing property holdings within a. A description of institutional needs the main campus and within the and areas of future institutional City of Portland, including an growth and change, with: indication of functional land use i. A projected census of users (e.g., links between off-campus enrollment /employment/patient/ properties and the main campus visitor figures and anticipated (e.g. remote parking). variations over time). v. An inventory and/or plan of ii. Institutional objectives for existing facilities, including data property both within and outside on use, floor area, and any the IOZ boundary (e.g. acquisition existing functional connections and/or disposition), including an between facilities. indication of any functional land c. A summary of the baseline use connection for sites outside characteristics of the existing campus the IOZ boundary to the main and context of the institution, based campus. on identified study areas, including: iii. A development plan addressing i. A summary of existing resources, anticipated or potential such as historic, open space, and institutional needs and physical natural resources. improvements, including the ii. A summary of the existing proposed boundary of the IOZ transportation system, including and any phasing of the vehicular, pedestrian, transit, development. bicycle, and parking supply, b. Analysis and associated plans that demand, and utilization. address the following elements in iii. A summary of existing public terms of anticipated growth or infrastructure supporting the potential impacts within the identified institution, including demand, study area, and support the utilization and any capacity issues. development parameters as set out in iv. Relevant municipal plans, the regulatory framework, including: projects, and studies that may i. Transportation and access, with: influence the IDP study area and a) An analysis of the projected opportunities for integrating changes in parking demand, institutional growth. supply, and impacts to the d. A summary of public involvement in off-street and on-street the development of the IDP, including parking capacity, including major areas of public concern. an explanation of the 2. Assessment of future institutional growth proposed parking plan. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-13 Page 634 OVERLAY ZONES b) An analysis of the projected a proposed program or set changes in vehicular, of guidelines for future pedestrian, transit, and preservation, enhancement, bicycle access routes and conservation, and/or facilities, their capacity, and mitigation. safety. iii. Infrastructure, with: c) A transportation, access, a) An analysis of projected and circulation plan, public utility demand and representing the synthesis the capacity of associated of the analysis, and infrastructure. including a program of b) An analysis of projected potential improvements or public safety needs and set of guidelines to address projected impacts to the access deficiencies to and capacity of these services. within the IOZ. The plan c) An infrastructure plan, should outline proposed representing the synthesis mechanisms and potential of the analysis and including strategies to meet a proposed program or set transportation objectives, of guidelines to support including transportation sustainable growth. demand management, iv. Design, with: phasing, and when a Traffic a) An analysis of projected Movement Permit (TMP) impacts to neighboring may be required. properties and public ii. Environment, with: spaces, including potential a) An analysis of potential shadow, wind, and lighting cumulative impacts on impacts, impacts of height natural resources and open and massing, and impacts to spaces. historic resources. b) An analysis of projected b) An analysis of transition energy consumption, areas between the hazardous materials institution and adjoining generation, noise neighborhoods, including generation, and similar identification of key issues as relevant. character defining c) An environmental plan, components of the representing the synthesis surrounding context. of the analysis and including 8-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 635 OVERLAY ZONES c) An analysis of existing property issues with Crime Prevention Through neighbors. Environmental Design c) Strategies for assuring issues and identification of communication pertaining how these principles would to property acquisition and be addressed as part of the disposition in surrounding proposed campus neighborhoods. development. d) A set of construction d) A conceptual built management principles to environment/public realm apply to all institutional plan, representing the construction, that synthesis of the analysis and represent best practice, aim including a set of guidelines to minimize short- and for urban design, landscape, long-term construction open space, and impacts on surrounding streetscape treatments, residents and businesses, with particular attention to and ensure a clear the treatment of edges communication strategy is (both within and abutting in place in advance of the IOZ boundary) to construction. achieve compatible D. Standards of review. The IDP shall: transitions. 1. Address all content requirements, unless v. Neighborhood engagement, with: explicitly modified by the Planning a) A plan for ongoing Authority or Planning Board. community engagement 2. Reflect the issues/topics identified in the that represents best required public process. practices, promotes 3. Demonstrate consistency with the City’s collaborative problem Comprehensive Plan and the purpose of solving around community this ordinance. concerns, fosters 4. Demonstrate how the property ownership, transparency, and identifies proposed growth, and requested mechanisms for regulatory framework relate to the neighborhood feedback and institution’s mission. institutional accountability. 5. Demonstrate that traffic and parking b) A property management impacts have been anticipated and that the framework that identifies proposed parking provision is justified as the institution’s process for based on an assessment of options for handling operational reducing traffic and parking demands. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-15 Page 636 OVERLAY ZONES 6. Outline an approach to open space, institution’s IDP meets the standards of review, natural, and historic resources that the Planning Board shall approve, approve with supports preservation and enhancement. conditions, or deny an IDP. 7. Demonstrate that potential cumulative F. Monitoring. The IDP shall establish a schedule environmental impacts have been for reporting on IDP implementation at regular anticipated and can be minimized or intervals of not more than ten years from the satisfactorily mitigated. date of approval of the initial or amended IDP, 8. Demonstrate that utility impacts have been and identify thresholds for IDP amendments. anticipated and can be minimized or G. Amendments. An approved IDP shall guide satisfactorily mitigated. campus development unless and until 9. Reflect a comprehensive design approach amended. If at any time the eligible institutions that ensures appropriate transitions with request minor amendments to an approved the existing or future scale and character IDP, the Planning Authority may approve such of the neighboring urban fabric. minor amendments, provided that they do not 10. Promote compatibility with existing or constitute a substantial alteration of the IDP future uses in adjacent neighborhoods, and do not affect any condition or requirement maintain housing, and support local of the Planning Board. The applicant shall apply amenities. with a written statement of the proposed 11. Anticipate future off-site improvements amendment and proposed amended IDP to the that would support the integration of the Planning Authority, whose decision as to institution into the community and city- whether the amendment is minor shall be final. wide infrastructure. Major amendments shall be reviewed by the 12. Conform with the standards of Article 1716 Planning Board. When the IDP is amended, the for designated landmarks or for properties baseline data in the IDP shall be updated as within designated historic districts or appropriate. designated historic landscapes, if applicable. When proposed adjacent to or 8.5.58.3.5 Regulatory framework within 100 feet of designated landmarks, A. Purpose. The regulatory framework translates historic districts, or historic landscapes, the IDP into a set of clear and specific zoning the IDP shall be generally compatible with requirements for the IOZ that constitute the the major character-defining elements of text and map amendments to the City’s Land the landmark or portion of the district in Use Code and zoning map. The zoning the immediate vicinity. requirements are anticipated to include 13. Incorporate strategies to support clear parameters that guide the growth and change communication and ongoing public of the institution as well as broad strategies to engagement between institutions and address potential impacts, with plans and nearby neighbors. details to be developed under site plan review. E. Approval. Upon finding that an eligible B. Applicability. The regulatory framework shall 8-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 637 OVERLAY ZONES apply only to properties that are within the IOZ (TDM) Plan). boundary and to which the eligible institution 3. Uses. Clarification, as necessary, on holds right, title, or interest. For these permitted uses. properties, the Institutional Overlay Zone shall 4. Dimensional requirements. Graphics, supersede the underlying zoning, and all new sketches, or standards, including details for institutional development shall be conducted in transition zones within the IOZ boundary. compliance with the regulatory framework and 5. Transportation. Elements such as the approved Institutional Development Plan. Transportation Demand Management Plan Properties located within the Institutional (TDM) trip reduction targets or contribution Overlay Zone not subject to right, title, or to area-wide TDM measures; broad interest of the eligible institution shall continue parameters for ensuring pedestrian, vehicular, to be governed by the regulations of the bicycle and transit access and safety; parking underlying zoning designation. ratios and management strategies; thresholds C. Uses. Institutional uses, including hospitals and for access improvements. higher education facilities, shall be permitted, 6. Environment. The approach to the as shall uses that are functionally integrated inclusion of open space and preservation with, ancillary to, and/or substantively related to of environmentally-sensitive areas. supporting the primary institutional use, 7. Mitigation measures. The broad approach consistent with the applicable approved IDP. to identified mitigation measures, which D. Content. The regulatory framework shall would be addressed in greater detail in the reflect the information and analysis of the IDP. site plan review process; thresholds for The content shall be tailored to address the addressing deficiencies; goals for particular issues associated with the institution preservation/protection. and its neighborhoods. The regulatory 8. Design. Graphics and standards to clarify framework should be succinct and use tables building placement and envelope (height and graphics as possible to address the and massing); guidelines for integration of following, if applicable: site features; required treatments for 1. Zoning boundary of the IOZ. The area to transition zones and treatment for all which the regulations apply, as shown on edges (both within and abutting the IOZ the zoning map, subject to other boundary); guidelines for establishing provisions of this ordinance (i.e. the map campus identity. amendment to the City’s zoning map). 9. Neighborhood integration. Thresholds 2. Phasing and schedules. Requirements that and strategies for neighborhood relate to particular proposed phases; a engagement; mitigation of impacts on chart showing the schedule or thresholds neighboring properties, including for submitting an amended IDP (or construction impacts; buffering elements of an IDP, such as a requirements; objectives for pedestrian Transportation Demand Management linkages and safety; other requirements FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-17 Page 638 OVERLAY ZONES that address community concerns. 10. Monitoring. A schedule for regular 8.5.68.3.6 Maine Medical Center monitoring reports on IDP implementation Institutional Overlay Zone Regulatory in accordance with the IDP. Framework E. Standards of review:. The regulatory A. Applicability. All development proposed by framework shall: Maine Medical Center (MMC) within the 1. Be consistent with the Comprehensive Plan boundary of the MMC Institutional Overlay and the Institutional Development Plan. Zone (IOZ) shall be consistent with the 2. Provide a clear zoning framework, using approved Institutional Development Plan (IDP), graphics and tables as appropriate, to consistent with the Comprehensive Plan, and apply to future site plan reviews. meet applicable standards of the Land Use 3. Provide specific regulatory statements as Code, unless such standards are superseded by appropriate that respond to concerns the following regulatory framework. This raised during the required public regulatory framework shall govern future involvement. development by MMC within the IOZ unless 4. Outline measurable goals and thresholds amended by the Portland City Council upon for improvements or other actions formal application of MMC. The MMC identified in the IDP to be advanced in Institutional Overlay Zone shall have the subsequent site plan applications. boundaries depicted in Figure 8-B, belowC, and F. Approval/adoption. The Planning Board shall shall include the properties listed in Table 8-B. review the proposed regulatory framework B. Updates and amendments against the standards of review and make a 1. . It is intended that the IDP will be updated recommendation on the institution’s IOZ on a regular basis to ensure that the data is designation and regulatory framework to the current and that the document remains City Council for adoption as part of this Land accurate. Accordingly, monitoring reports Use Code. will be filed every three years and shall Amendments. A regulatory framework and include a summary of progress on IDP IOZ boundary as adopted by the City Council implementation and of acquisitions and shall remain in force unless and until amended. divestment since the date of IDP approval. Amendments to a regulatory framework and/or At the time of the submission of the IOZ boundary may be brought forth by the City monitoring report, MMC shall identify any or eligible institution. Proposed amendments updates to the IDP which may result from to the IOZ boundary or regulatory framework updated master planning, changes in shall be reviewed by the Planning Board and baseline information, or changes in the adopted by the City Council subject to the adjacent neighborhoods which provisions of this ordinance. 8-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 639 OVERLAY ZONES See Table 8-B Note: Refer to Table 8-C for a list of permitted uses. FIGURE 8-BC: MMC IOZ BOUNDARY FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-19 Page 640 OVERLAY ZONES TABLE 8-B: LIST OF PROPERTIES INCLUDED IN THE MMC IOZ Map# Legal Description Address Acreage Ownership 1 64-A-2-8-9-11/74-A-7/75-A-6 222 St John St. 4.6516 Owned by others 2 68-D-1-3-13-14-16 180 St John St. 0.9494 Owned by others 3 65-G-1 950 Congress St. 0.4628 Owned by others 4 64-B-1 275 St John St. 0.4163 Owned by others 5 65-G-2 942 Congress St. 0.0659 Owned by others 6 65-G-3 940 Congress St. 0.0482 Owned by others 7 65-G-4 274 Valley St. 0.0667 Owned by others 8 65-G-5 268-270 Valley St. 0.0978 MMC 9 64-B-2 262-266 Valley St. 0.0895 MMC 10 65-H-1 932 Congress St. 0.1864 MMC 11 65-H-9 261 Valley St. 0.2185 MMC 12 65-H-2 930 Congress St. 0.1040 MMC 13 65-H-5 52 Gilman St. 0.2384 MMC 14 65-H-8 44 Gilman St. 0.1128 MMC 15 65-E-22 85 Gilman St. 0.0565 Owned by others 16 65-E-32 85 Gilman St. 0.0282 Owned by others 17 65-E-24 81 Gilman St. 0.1653 Owned by others 18 65-E-28 919 Congress St. 0.1059 Owned by others 19 65-E-29-30 909 Congress St. 0.3233 Owned by others 20 65-E-19 22 Forest St. 0.0826 Owned by others 21 65-E-21 18 Forest St. 0.0831 Owned by others 22 65-E-23 14 Forest St. 0.0826 Owned by others 23 65-E-25 12 Forest St. 0.0883 Owned by others 24 53-I-1-2-3-12 887 Congress St. 1.3400 MMC 25 53-X-1 Congress St. Pedestrian Walkway --- MMC 26 53-D-7/54-H-1/64-C-1 22 Bramhall St. 12.563 MMC 27 54-C-6 34 Ellsworth St. 0.1341 MMC 28 54-C-10 40 Ellsworth St. 0.1155 MMC 29 54-I-1 308 Brackett St. 2.5200 MMC 30 63-B-8 214 Vaughan St. 0.1983 MMC Properties owned by MMC are listed under MMC or MMC Realty Corp. MMC will not extend its functionally-related Bramhall campus hospital operations beyond the boundary of the IOZ within the City of Portland without further amendment to the IDP. This includes any expansion of functionally-related operations that displace residential uses outside of the IOZ boundary. A functional relationship is defined as uses or activities that are traditionally or customarily linked to the day-to-day operations of the MMC Bramhall Campus that would relocate a significant proportion of the total employee population or activities. 8-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 641 OVERLAY ZONES affect MMC, to allow the IDP to remain current. submitted for MMC's Transportation Updates and minor amendments not described Demand Management (TDM) Plan. TDM below shall be reviewed administratively by the monitoring reports shall include a Planning Authority. summary of progress towards targets 2.1. Minor amendments that impact phasing of established in the TDM Plan. the long-term development blocks or B. Uses. In addition to the uses permitted in the change the approach to parking, underlying zone, the uses in Table 8-C are transportation, neighborhood engagement permitted as a matter of right. In recognition or design shall be reviewed by the Planning that MMC is part of a mixed-use area of the Board for consistency with the objectives city, with important existing services and of the IDP. In addition to consistency with businesses that serve the local and wider the objectives of the IDP, review of phasing community, healthcare facility development and development program amendments fronting onto Congress Street and St. John shall focus on integration with the campus Street shall activate the public realm, to the and impacts on transportation or extent able, with uses such as service and infrastructure.orinfrastructure. This review C. retail/restaurant, landscaping, active may occur simultaneously with the site building entrances, pocket parks, etc., on the plan review of an anticipated project. ground or other publicly accessible level, 3.2. Major amendments shall be reviewed by consistent with the Planning Board and are required under the design intent contained in the approved the following circumstances: IDP. In areas identified in the IDP as “Priority a. A change to the regulatory framework zone for commercially oriented/retail uses,” is required. usable ground floor retail, restaurant, or b. The IDP is no longer representative of comparable community-oriented use that the institutional mission or approach provides services to local residents and to community as a result of employees both during the day and evening redevelopment in the area or City hours is required. In areas labeled “Street upgrades to neighborhood planning activation through location of windows, (such as roadway changes, entrances, etc.,” usable ground floor retail, infrastructure upgrades, community restaurant, or community-oriented use is design, lighting). encouraged to the extent practicable. Such c. Development proposed by MMC is uses, where constructed or facilitated as part of inconsistent with the master facility a healthcare related development, are expressly plan, transportation plan intent, design permitted whether ancillary or supporting the plan intent, or environment and healthcare facility or not, and shall be open and infrastructure plan intent identified in welcoming to the general public in addition to the IDP. employees or visitors of MMC. 4.3. Annual monitoring reports will be FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-21 Page 642 OVERLAY ZONES D.C. Dimensional requirements. The MMC F.E. Signs Institutional Overlay Zone shall have the 1. At the time of first site plan review dimensional requirements listed in Table 8-D following IDP approval, a unified campus- and depicted in Figures 8-C and 8-D. wide signage plan shall be submitted for E.D. Design. New buildings within the IOZ shall review and approval by the Planning adhere to the Design Guidelinesdesign Authority. Any update to such plan due to guidelines set forth in Chapter 5: Design of the a change in name or logo shall not require IDP and the site plan standards of Article 1413. amendment to the IDP. 2. Signs shall be designed in accordance with TABLE 8-C: PERMITTED USES the campus-wide signage plan. All signs Healthcare facilities, including but not limited to shall be designed in proportion and the following ancillary and/or supporting uses: character with building facades and • Hospital adjacent street typology. All signs shall be • Medical Office/Clinic coordinated with the building and • Laboratory Center / Services landscaping design and be constructed of • Research and Development (R&D) Laboratory or appropriate permanent, high quality Facility materials and finishes. • Educational Facility / Conference Center G.F. Transportation • Administrative / Business Office 1. Transportation Demand Management (TDM) • Accessory Service or Trade Uses a. At the time of the first site plan review • Guest House following IDP approval, MMC shall • Multi-family Housing for Healthcare Staff and submit a campus-wide TDM Plan Students substantially in accordance with those Rehab / Skilled Nursing Facility • TDM objectives and strategies Retail • identified in the approved Institutional Restaurant/Cafe • Development Plan. The TDM Plan may Employee Service Amenities • be phased into short-, mid-, and long- • Day Care Center term actions to allow for progressive • Fitness Center or Gymnasium implementation over time. • Parking Lot or Garage b. The TDM Plan shall be designed to • Bicycle Storage provide transportation choice with • Heliport the goal of reducing parking demand • Antenna Station and single-occupancy vehicle trips to • Outdoor use areas, such as green areas, parks, gardens, art installations, and other active and and from MMC by employees and passive non-commercial recreation spaces visitors. c. The TDM Plan shall establish parking and trip reduction targets associated with the short-term (0-2 years), mid- 8-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 643 OVERLAY ZONES TABLE 8-D: MMC IOZ DIMENSIONAL REQUIREMENTS Max. building heights for new buildings within the IOZ shall be governed by the Maximum Building Heights Map in Figure 8-D, or by the transition zones clause Building heights (max.) of this table for those buildings located in transition zones. Refer to IDP “Chapter 5. Design” for methodology on determining heights. Three stories, except in transition zones, where the minimum building height Building heights (min.) shall be two stories. Minimum building heights shall not apply to building awnings, associated kiosks, pavilions or similar building components. Length of proposed parking garage at 222 St John St shall not exceed 500 feet as Building length (max.) measured roughly parallel to St John St. Minimum building setbacks shall be governed by the Minimum Setbacks Map in Figure Building setbacks (min.) 8-DE. Additional requirements are listed in the transition zones and Congress Street build-to zone sections of this table. A build-to zone is identified for some properties that abut Congress Street. See Minimum Setbacks Map in Figure 8-DE for the location of build-to zone. i. The Congress Street build-to zone extends between 0 to 40 feet from the right-of- Congress Street build-to zone1 way boundary. ii. Buildings located in these parcels must have a minimum of 70% of the façade facing Congress Street located within the build-to zone. Transition zones are identified inside the IOZ boundary in areas where the IOZ abuts or is located across a public right-of-way from a residential zone or a historic-designated district. See Maximum Building Heights Map in Figure 8-CD for location of transition zones. i. Transition zones shall extend 50 feet into the parcel from the parcel boundary. ii. Transition zones that abut a Residential zone with or without an intervening Transition zones public right-of-way shall have a maximum height limit that matches the maximum height permitted within that Residential zone. iii. In areas where the IOZ abuts a residential zone without an intervening public right-of-way, minimum side and rear yard requirements of the abutting residential zone apply within the IOZ boundary, unless noted otherwise in Minimum Setbacks Map in Figure 8-DE. 1A "build-to zone" is the area on the lot where all or a portion of the street-facing building facade must be located, measured as a minimum and max. yard (setback) range from the public right-of-way boundary. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-23 Page 644 OVERLAY ZONES Notes: 1. Minimum building heights also apply. Refer to Table 8-DD.. 2. For buildings with residential use above the ground floor, the following height maximums apply: 70 ft. maximum height = 7 stories, and 85 ft. maximum height = 8 stories. FIGURE 8-CD: MAXIMUM BUILDING HEIGHTS 8-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 645 OVERLAY ZONES * Refer to Table 8-D-D Dimensional Requirements FIGURE 8-DE: MINIMUM SETBACKS FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-25 Page 646 OVERLAY ZONES term (2-5 years), and the long-term Development Plan. (5+ years), as well as a data collection 2. MMC shall conduct ongoing community plan. engagement, including the formation of a 2. Parking. Parking requirements in the IOZ Neighborhood Advisory Committee shall be established at the time of site plan comprised of representatives of MMC, the review based on a parking study that Parkside neighborhood, the West End includes a campus-wide analysis of demand neighborhood, the Western Promenade and supply. The parking demand study Neighborhood Association, the St. John shall determine parking requirements and Valley neighborhood, the Libbytown shall be sufficient to alleviate parking neighborhood, and the City. pressure on surrounding neighborhoods. K. J. Construction management Parking studies developed by MMC shall 1. At the time of site plan review, MMC shall integrate parking and trip reduction submit a construction management plan achievements and data contained in the substantially in accordance with those TDM Plan. construction management principles H. G. Environment. Development proposed by identified in the approved Institutional MMC shall be designed to integrate with the Development Plan for review and approval surrounding context, including open space and by the Planning Authority. pedestrian networks and infrastructure. 2. The construction management plan shall I.H. Mitigation measures. MMC shall mitigate site include a construction schedule, as well as plan impacts to off-premise infrastructure in a strategies for managing neighborhood manner proportionate to those impacts. communication and noise, air quality, Mitigation may include financial or in-kind traffic, and parking impacts associated with contributions to existing or planned City the construction as set forth on the projects focused on mitigating the impacts of construction management template MMC development. Mitigation contribution developed by the City and attached and shall be determined based on the City’s incorporated to the IDP as Appendix A. standard procedure in effect at the time of site L.K. Other requirements plan review. 1. Helipad. MMCProposed changes to MMC's J.I. Neighborhood integration and engagement helipads, including changes to preferred 1. For the purpose of keeping surrounding flight routes, shall be governedreviewed residential areas appraised of its future and approved by the provisions of the development plans, and to address any Helistop Overlay ZonePlanning Authority in neighborhood issues related to the accordance with the following operations of the MMC Bramhall campus, exceptions:approved Institutional MMC shall adhere to the ongoing Development Plan. community engagement principles a. Setback requirements of Subsection identified in the approved Institutional 8.4.2(A)(2). 8-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 647 OVERLAY ZONES b. Fencing requirements of Subsection the St. John Valley, Parkside, West 8.4.2(A)(3). End, Western Promenade, and 2. Snow ban parking. When the City of Libbytown neighborhoods may apply Portland declares a snow parking ban, for grant funding relating to the MMC shall make parking available to following initiatives: neighbors in a designated parking area on i. Neighborhood investment and or near its campus upon the following Infrastructure: Focused on condition: Due to the patterns of patient creating strong, safe, accessible flow in the hospital, the hours of snow ban and vibrant neighborhoods. parking for registered vehicles during an ii. Quality of life: Focused on announced City of Portland snow parking improving access to recreation, bans are 6:00 p.m. until 6:00 pa.m. arts or cultural experiences in the Vehicles that are not moved out of these neighborhoods. parking areas by the applicable time each iii. Diversity and inclusion: Focused morning are subject to towing at the on fostering the building of owner’s expense. relationships and understanding 3. Healthy communities. Recognizing that a among diverse groups, including stable residential and commercial capacity building and outreach environment is key to the health of any activities. neighborhood, MMC commits to iv. Public Safety: Focused on supporting its existing and future supporting public safety neighbors in the St. John Valley, Parkside, programs through training West End, Western Prom, and Libbytown programs, equipment or other neighborhoods. Accordingly, MMC shall means in the neighborhoods. implement and participate in the healthy v. Environmental sustainability: communities programs as described Focused on preventing waste, below. increasing recycling or supporting a. Caring Community Grants. MMC shall other programs that work to develop an annual grant program with improve the environment. available funds of up to $30,000. b. Healthy Neighborhoods Program. Goals, priorities, eligibility MMC shall initiate and adopt a requirements, program guidelines, and memorandum of understanding allocation approach will be developed by the MMC Neighborhood Advisory Committee, as described in Chapter 6 of the IDP approved on September 26, 2017. Neighborhood associations or other entities located or operating in FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-27 Page 648 OVERLAY ZONES (MOU) by and between the MMC, the City of Portland, an identified Community Housing Development Organization and any other community partners that may be identified later establishing a Healthy Neighborhoods program. Such a program shall be designed to fund and execute housing and community improvement and development programs in St. John Valley and the other neighborhoods surrounding MMC’s Bramhall Campus. 8.5.78.3.7 The Roux Institute at Northeastern University Overlay Zone Regulatory Framework FIGURE 8-E: ROUX INSTITUTIONAL OVERLAY ZONE A. Applicability. All development proposed by the BOUNDARY Roux Institute at Northeastern University B. Phasing and monitoring (“Roux Institute”) within the boundary of the 1. The Roux Institute campus will be Roux Institutional Overlay Zone (IOZ) shall be developed in phases, as set forth in the IDP. consistent with the approved Institutional The IDP will be updated on a regular basis Development Plan (IDP), consistent with the to ensure that the data is current and that Comprehensive Plan, and meet applicable the document remains accurate. standards of the Land Use Code, unless such Accordingly, monitoring reports will be filed standards are superseded by the following every three years and shall include a regulatory framework. This regulatory summary of progress on IDP framework shall govern future development by implementation and of acquisitions and the Roux Institute within the IOZ unless divestment since the date of IDP approval. amended by the Portland City Council upon At the time of the submission of the formal application of the Roux Institute. The monitoring report, any updates to the IDP Roux Institutional Overlay Zone shall have the shall be identified which may result from boundaries depicted below and shall include updated master planning, changes in the approximately thirteen-acre property baseline information, or changes in the located at 1 Bean Pot Circle and identified as adjacent neighborhood which affect the parcels 447-Aoo1 and A002 in the City’s campus, to allow the IDP to remain current. assessing records. Updates and minor amendments not 8-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 649 OVERLAY ZONES described below shall be reviewed c. A change in approach to parking, administratively by the Planning Authority. transportation, neighborhood 2. At completion of each phase, the Roux engagement or design is inconsistent Institute campus shall have the appearance with the objectives of the IDP, of a complete and comprehensive design. resulting in a modification to the Permanent and meaningful public space applicable objectives. shall be established in the first phase to 5. Review of major amendments may occur ensure public benefit. Interim conditions simultaneously with the site plan review of shall be designed for a pleasant pedestrian the proposed project. experience through planting, lighting, C. Uses wayfinding, graphics, artwork, or 1. The Roux Institute campus will encompass ornamental fencing to provide screening, a variety of uses to support the mission of buffers, and enhancement. Interim areas of the Roux Institute to spur innovation, build the site which are not actively used for talent, and drive economic growth. parking or construction staging will be Partnerships with industry, academia, and appropriately landscaped or accommodate government are essential components of gathering on lawns or other aesthetically the institute’s success.Institute. Campus hardened spaces. uses will include classrooms and 3. Minor amendments that change the laboratories, housing, faculty offices, dining approach to parking, transportation, areas, convening spaces, fitness centers, neighborhood engagement or design shall retail facilities, entrepreneurial spaces, light be reviewed by the Planning Board for manufacturing, incubator space, research consistency with the objectives of the IDP. and design facilities, hotel, and office This review may occur simultaneously with space. The mixture of uses on the campus the site plan review of a proposed project. willis intended to support collaboration 4. Major amendments shall be reviewed by the with private industry, other institutions, Planning Board and are required under the and community organizations, which is following circumstances: essential to the Roux Institute’s approach a. A change to the regulatory framework to learning through integrated research, is required. student work opportunities, and b. The IDP is no longer representative of entrepreneurial endeavors. Hotel rooms the institutional mission or approach will cater to prospective students, faculty to community as a result of and staff, visiting lecturers, specialists, and redevelopment in the area or City business partner guests, providing multiple upgrades to neighborhood planning opportunities for informal and unplanned (such as roadway changes, interactions and collaboration that would infrastructure upgrades, community otherwise not be available if staying in a design, lighting). hotel miles away from campus.. A range of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-29 Page 650 OVERLAY ZONES rental housing options will foster TABLE 8-E: PERMITTED USES community and provide on-site • Laboratory and research facilities opportunities for students, faculty, staff, • Low-impact industrial (>10,000 SF) and their families. These units will ease, • High-tech manufacturing easing some of the housing pressure and traffic that might otherwise result from prohibited and any allowed use on the pier new residents attracted to Portland by the must be a functionally water-dependent institute. Housing units not occupied by use. In recognition that the Roux Institute residents affiliated with the Roux Institute is a graduate-level educational and may be made available to the public to research institution with a number of further assist in easing the housing corporate partners, and in recognition of pressure. its location outside of the downtown, the 2. Recognizing the community value of a uses in Table 8-E and many that are larger waterfront parcel in close proximity permitted in the underlying zone, such as to a primary bike and pedestrian trail multi-family housing, hotels, offices and system, theThe Roux Institute campus will retail, are ancillary to and support the be designed to include those uses that will vision and mission of the institution. In welcome the neighbors to the campus, addition, ground Ground floor retail, including publicly available open space, restaurant, or comparable community- waterfront access, recreational oriented uses that provide services to local opportunities, restaurant, dining, small residents, students, faculty and staff shall neighborhood grocery, and/or other be provided. Such uses are expressly limited retail options. These uses will permitted whether ancillary to or provide a means for serving the residents supporting the educational institution, and and other users of the campus, as well as shall be open and welcoming to the welcoming the neighborhood to foster general public in addition to students, connectivity and community engagement, faculty, staff, or visitors of the Roux activating the public realm, and reducing Institute. dependence on automobiles. 4. Within the boundary of the IOZ, hotels shall 3. In addition to the uses permitted in the be limited as follows: underlying zone, thelaboratory and a. No more than one hotel shall be research facilities, low-impact industrial located in the IOZ. uses in Table 8-E, and high-tech b. The hotel shall contain no more than manufacturing shall also be permitted as a 130 rooms. matter of right in all buildings that are c. The hotel shall be no more than eight located within the IOZ and on land owned c. stories in height, not including or leased by the Roux Institute. On the structured parking. There shall be no pier residential uses are explicitly more than two levels of above grade 8-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 651 OVERLAY ZONES structured parking beneath the first building heights for new principal buildings floor of the hotel. Nothing herein is in the IOZ shall be governed by the Roux intended to preclude the co-location IOZ Height Map (Figure 8-G). of hotel use and structured parking on 3.4. Minimum and maximum street wall one or more levels of the hotel. heights. New principal buildings in the IOZ shall rise to a minimum street wall height TABLE 8-F: DIMENSIONAL REQUIREMENTS of 45 feet and may rise to a maximum Maximum building heights for new street wall height of 105 feet. Building principal buildings in the IOZ shall 4.5. Stepback requirements. At a height not heights be governed by the Roux IOZ Height lower than the minimum street wall height (max.) Map (Figure 8-F) or higher than the maximum street wall height, a stepback with a minimum depth D. Dimensional requirements of at least 10 feet shall be provided. Required stepbacks shall only apply to a 1. Applicability. All principal buildings and structures located within the IOZ and building’s street wall. located on land owned or leased by the 5.6. Building length requirements Roux Institute shall be subject to the a. For buildings with a length greater dimensional requirements of the than 250 feet, a continuous, publicly underlying zone, except where modified by accessible corridor that connects two the provisions of this section. streets, public rights-of-way, major pedestrian or bicycle access routes, or 2. Rules of measurement open spaces shall be provided, with a. Publicly accessible corridor: A corridor accessible to the general the precise location to be identified, public that is open to the sky or defined, and reviewed under site plan enclosed with a minimum width of 20 review. Building length shall be feet. Enclosed portions of publicly measured at grade in a straight line accessible corridors shall have a between the outer corners of the minimum height of 30 feet. designated street wall. b. Publicly accessible corridors need not b. Street wall: Within the Roux IOZ the term “street wall” shall mean a wall or be linear and may have necessary portion of a wall that includes the grade changes. principal entry to a building facing a c. Any building wall situated along a street, public right-of-way, major publicly accessible corridor shall be pedestrian access routes, or open designed to provide sufficient spaces. Orientation of the principal architectural and graphic amenities to entry to a building shall be determined provide visual interest, transparency by the applicant. between interior activities and 3. Maximum building heights. Maximum FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-31 Page 652 OVERLAY ZONES Notes: 1. Applies to zones shown with an asterisk (*): above height of 75 feet, no building floorplate shall exceed 35,000 square feet. 2. Above height of 50 feet, no two buildings shall be closer than 40 feet apart. 3. Building heights for buildings that span two or more height zones shall be measured by calculating the highest point (as defined in the Land Use Code) of that portion of the building within a particular height zone. If the roof is sloped, height is measured at the midpoint of that portion of the slope located within the particular height zone. FIGURE 8-F: HEIGHT OVERLAY MAP 8-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 653 OVERLAY ZONES 1. *: Above height of 75 feet, no building floorplate shall exceed 35,000 square feet. 2. Above height of 50 feet, no two buildings shall be closer than 40 feet apart. 3. Building heights for buildings that span two or more height zones shall be measured by calculating the highest point (as defined in the Land Use Code) of that portion of the building within a particular height zone. If the roof is sloped, height is measured at the midpoint of that portion of the slope located within the particular height zone. Functionally water-dependent structures on the pier are limited to 20 feet in height. Light poles on the pier are limited to 35 feet in height. On the pier height is measured from the top of the pier deck to the top of the roof of a functionally water-dependent structure or to the top of a light pole. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-33 Page 654 OVERLAY ZONES d. pedestrian activity, or active uses during special events or when and relate the building, and its use to determined necessary by the institute passersby. for security or public safety purposes. e.d. Publicly accessible corridors shall: 6.7. Transitions and buffers i. Include bicycle and pedestrian a. The campus is surrounded by existing amenities such as benches and buffers, with I-295 to the west, state- other seating; owned vacant parcels to the north, the ii. Be illuminated to levels that are rail corridor and marine business to the adequate but not excessive for east, and Casco Bay to the south. In the safety, comfort, and addition to the existing buffers, conveniences of occupants and development shall further ease the users of the site, and transition to and from the campus iii. Provide access to the public through the design methods in areas during regular operating hours of shown on Figure 8-G. the institute. b. Public open space will ease transition f.e. The Roux Institute may close off public from the smaller scale of Sherwood access to a publicly accessible corridor Street. A transition onto the campus FIGURE 8-G: TRANSITION AREAS AND BUFFERS 8-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 655 OVERLAY ZONES will also be accomplished through a. At the time of the first site plan review thoughtful façade design at the following IDP approval, the developer pedestrian level. Potential nuisance a. shall submit a campus-wide TDM Plan features like dumpsters, air handlers, substantially in accordance with those TDM and parking will be appropriately objectives and strategies identified in the approved screened. Buildings will avoid blank IDP. The TDM Plan may be phased into short-, mid-, walls to respect the adjacent and long term actions to allow for progressive neighborhood and facilitate a sense of implementation over time. permeability and welcome. b. The TDM Plan shall be designed to c. The shoreline transition area between provide transportation choice with the buildings and the water will serve as the goal of reducing parking demand meaningful public open space. Building and single-occupancy vehicle trips to facades facing the water will be and from the Roux Institute campus considered public-facing, with views and from the Roux Institute campus designed for interest from the water b. by students, faculty, staff, and Eastern Promenade Trail. institutional partners, and visitors. d. The transition area between the c. The TDM Plan shall establish parking, campus and I-295 contains a height mode share, and trip reduction targets limitation of 75 feet along the edge and associated with each phase of between the highway and the B&M development, as well as a data Cannery Building, preserving the collection plan. historic view of the building from the d. Annual monitoring reports will be highway and easing the transition to submitted for the TDM Plan. TDM the greater allowable building heights in d. monitoring reports shall include a the center of campus. summary of progress towards targets e. The transition area along the edge of established in the TDM Plan. If the campus adjacent to the rail deficiencies are identified, they will be corridor also contains a height resolved in accordance with the site limitation of 75 feet along the edge of plan approval. the property closest to the residential 2. Traffic movement permit (TMP) neighborhood, further easing the a. Any development that will generate transition to the greater allowable over 100 passenger car equivalents building heights at the center of will trigger TMP review which will campus, mitigating shadow impacts to determine applicable mitigation for adjacent properties. that development program. There are E. Transportation contributions anticipated to area-wide 1. Transportation demand management elements to support trip reduction (TDM) targets, such as contribution to the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-35 Page 656 OVERLAY ZONES development of shared use path pedestrians within the existing right- infrastructure and support for of-way. Separate sidewalks and bicycle additional transit service to the lanes shall be provided where feasible. campus. The TMP review may 4. Parking. Parking requirements in the IOZ, consider an individual site plan or may including but not limited to parking ratios, cover more than one site plan. Each of shall be established at the time of site plan the TMP submissions and review will review for each phase of development continue to contemplate capacity for based on a parking study that includes a multimodal connections to continue campus-wide analysis of demand and to reduce automobile trips. supply. Parking studies shall integrate b. Mode shares and trip reduction parking and trip reduction achievements targets have been identified in the IDP and data contained in the TDM Plan. and will be updated and modified with Parking requirements shall be determined each TMP submission as necessary. in accordance with the requirements in the 3. Bicycle and pedestrian access and safety Land Use Code in effect at the time of site a. A Transportation, Access, and plan review. Circulation Plan has been provided in 5. Circulation the IDP. At the time of the first site a. The campus shall contain a bike and plan review, the developer shall pedestrian circulation network which submit an updated Plan. Where includes a perimeter access loop, an possible, the bicycle and pedestrian internal system of pathways and a access routes shall connect to major campus “promenade” which will established bicycle and/or pedestrian link campus developments, the upland, facilities. The developer shall look to and the waterfront. establish new bicycle and pedestrian b. The perimeter access path for bicycle bicycle and/or pedestrian facilities and pedestrians will serve to connect where feasible. the campus to primary site entry b. The site and building design shall not points from the community and prohibit the enhancement of transit provide a continuous recreational service to and from the site. loop. Where appropriate, the c. Bicycle, pedestrian, transit, and perimeter access path will be motorized vehicular facilities enhanced by wayfinding, lighting, proposed to and from the site shall landscaping, and safe crossings at provide sufficient capacity and allow vehicular intersections. Where for safe connections for modes of possible, building facades will respond transportation. to the perimeter access path for views d. Sherwood Street shall be improved to into the building and periodic accommodate bicycles and activation to building entrances. 8-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 657 OVERLAY ZONES c. Internal campus circulation pathways F. Environment will connect major open spaces, 1. The IOZ shall contain a minimum of three buildings entrances, and outdoor acres of public open space designed to plazas to create a network of multiple enhance waterfront access and provide pathways including the perimeter bicycle/pedestrian network connectivity. access path. Pathways will be located This open space requirement shall be met along or oriented toward facades that at the completion of construction of the have active programs, architectural first site plan approval and shall be articulation, appropriately scaled maintained at all phases of development. entrances, and windows. Pathways will The three acres need not be contiguous avoid traveling along stretches of and may be provided in new and/or undifferentiated or blank facades back different locations following completion of doors or service areas. Pathways will development phases. The public open be generally lower-velocity systems space shall be meaningful space, than the access loop. Where functioning as recreation areas, social appropriate, the internal campus gathering spaces, or natural buffers circulation pathways will be enhanced consisting of a diverse mix of native woody by wayfinding, lighting, landscaping, and herbaceous vegetation, including a and safe crossings at vehicular well-distributed mix of trees. The method intersections. of assuring public access to the public d. The campus promenade will serve as a open space shall be determined at site plan major organizing feature connecting review. the upland and the water and 2. A Sustainability and Resilience Charter will providing access to open spaces, be created by the Roux Institute for the allowing views of the principal campus campus. The charter shall contain of buildings, and connecting to the sustainability goals related to development internal campus circulation pathways categories such as energy, water, and perimeter access path. The transportation, equity, and resilience and promenade will be enhanced by may be revised over time in response to lighting, wayfinding, landscape buffers, evolving technology and industry and open spaces. Viewsheds and standards. The charter will require all topography along the promenade will development on the campus to utilize emphasize the Roux Institute and critical components of industry standard Burnham & Morrill (B&M) Cannery benchmarking systems such as LEED, Building, pier, and other principal SITES, WELL, ILFI, and Passive House. The buildings and spaces. charter will be submitted to the Planning Authority prior to submission of the first site plan application. Proposed site plans FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-37 Page 658 OVERLAY ZONES shall be consistent with the goals outlined that bird safe materials must be used for in the charter. the entire façade of all buildings regardless 3. Development shall utilize lighting designs of building height.. required for safety and comfort and that G. Mitigation measures minimize impact to the night sky in 1. Site plan impacts to off-premise accordance with light pollution reduction infrastructure shall be mitigated in a standards in ANSI/ASHRAE/IESNA 90.1- manner proportionate to those impacts. 2007 or its most current edition. Mitigation may include financial or in-kind 4. Development shall be carried out in such a contributions to existing or planned City way as to minimize the impacts of sea level projects focused on mitigating the impacts rise, protecting infrastructure and site of the development. Mitigation features by designing to a minimum of 2- contribution shall be determined based on feet above the Base Flood Elevation (BFE) the City’s standard procedure in effect at as shown on the most current FEMA Flood the time of site plan review. Insurance Rate Map. 2. Impacts to natural resources shall be 5. The shoreline edge and immediate mitigated in accordance with local, state adjacent upland shall be protected through and federal permitting standards in effect shoreline armoring and vegetation to at the time. prevent erosion and enhance natural H. Design resource protection. Vegetation shall 1. Introduction and intent. New consist of a diverse mix of native woody development in the IOZ shall adhere to the and herbaceous vegetation. Work in following design guidelines and the site coastal wetlands and significant wildlife plan standards of the City of Portland. All habitats (as defined by the Maine new development shall be designed to Department of Environmental Protection) create a visual connection with the goal of will be minimized to the maximum extent achieving a cohesive campus appearance practicable and shall comply with all with a strong identity and sense of place. applicable local, state and federal New development may be contemporary permitting requirements in effect at the and forward looking in architectural style, time. but shall be informed by or responsive to 6. Design of exterior building envelopes will the iconic B&M Cannery Building as an be in developed in conjunction with the example of Portland’s unique legacy of American Bird Conservancy and Cornell innovation, adaptation and durability. Ornithology Lab standards to mitigate bird Reference to the Cannery Building strikes to the extent practicablecompliance specifically and in general to the early 20th with the bird-friendly building and design century industrial factory building type requirements set forth in Article VII-A of may inform the architectural principles of Chapter 6 of the City of Portland , except highly functional yet articulated human- 8-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 659 OVERLAY ZONES centered facades and details, a may be closed to the public combination of local and innovative during special events, outside materials, use of natural daylighting, high normal operation hours, and degree of flexibility and scalability and when necessary for security or capacity for long service life. New public safety purposes. development shall be characterized by b. Cohesive campus excellence in architectural design, i. The overall composition and craftsmanship, materials, streetscape, experience of the campus will be resilience, sustainability and landscape considered for cohesive identity improvements, signage, and lighting from approaches along I-295 and appropriate for a campus development on views from the East Deering a coastal site. These principles and neighborhood. standards are intended to regulate the c. Historic preservation future build out of the Roux Institute i. Buildings, site development, campus while ensuring that new circulation, and open space will development is sensitive to adjacent respect the B&M Cannery residential neighborhoods and commercial Building, a designated historic areas and successfully integrates the landmark. existing site into the public realm while d. Connectivity establishing a global beacon for thought i. Prioritize the bicycle and leadership in artificial intelligence, pedestrian circulation network on computer and data sciences, digital campus while providing engineering, and advanced life sciences. connectivity for auto, public 2. Standards transit, service and emergency a. Waterfront vehicles at each development i. The waterfront will be publicly phase. accessible to provide a variety of ii. Surface parking lots shall be open spaces throughout all located to the maximum extent phases of development that practicable toward the rear or foster social interaction. side of a building not occupied by ii. New principal buildings on the a principal entry to a building waterfront shall include a publicly facing a street, public right-of- accessible entrance to interior way, major pedestrian access public space, if provided, from the routes, open space, and/or the waterfront side and upland side waterfront. of the building along an e. Open space anticipated desire line. Said i. Open space will be publicly interior public space, if provided, accessible to provide multiple FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-39 Page 660 OVERLAY ZONES functions for recreation, social i. Building entrances will include gathering, and buffers that prominent facades and be integrate within the overall oriented toward, located adjacent composition and experience of to, or accessible from rights-of- the campus at each development way, major pedestrian access phase. routes, or open spaces. f. Sustainable practice j. Mitigation of impacts i. Buildings and site development i. Buildings and site development will incorporate sustainable will endeavor to minimize technologies in building design, potential negative impacts related orientation, energy production, to shadows, wind, noise, heat, and sensitivity to natural glare, lighting, contaminants, and resources at each development the environment. phase. 1. All buildings within the IOZ shall adhere to g. Resilience the design guidelines set forth in the IDP. i. Buildings and site development I. Neighborhood integration will incorporate resilience 1. Neighborhood engagement strategies to account for flooding, a. For the purposes of keeping severe weather events, and surrounding residential areas apprised integration of publicly accessible of its future development plans, and to spaces at each development address any neighborhood issues phase. related to the operations of the Roux h. Building design Institute campus, the Roux Institute i. Building façade materials will be shall adhere to the ongoing of high quality, durable to the neighborhood engagement principles marine climate and contribute to identified in the IDP. an attractive public realm. The b. Ongoing community engagement shall first 35 feet of building height be conducted, including the shall complement the pedestrian continuation of neighborhood forums character in materiality, and maintenance of the Roux Institute transparency, and detailing. campus website. ii. Rooftop appurtenances will be c. A Community Advisory Group shall be incorporated, screened, and set created for the purpose of sharing back from roof edges to reduce information on project development, visual impact from the planning, and seeking input. To the surrounding neighborhood. extent practicable, the group shall be i. Building entrances comprised of representatives of interested groups such as the East 8-40 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 661 OVERLAY ZONES Deering Neighborhood, East Deering Appropriateness that is proposed on a Neighborhood Association, East newly constructed pier. A Certificate of Deering Neighborhood for Responsible Appropriateness will not be required for Development, Front Street Area the demolition of the Codfish Building or Neighborhood, a tenant representative construction of a new pier and related from Portland Housing Authority’s infrastructure, including future alterations Washington Gardens and Front Street to the pier structure. developments, recreation, parks and 2. Required interpretive elements. trails, including the Friends of Payson Northeastern University shall include Park, from sustainability, rail, interpretive element(s) on top of or within bicycle/pedestrian, public transit, the surface of the new pier that convey the Portland Harbor, Portland Public history and significance of the Codfish Schools, including a Presumpscot Building. Prior to construction of said School parent, higher education, and elements, the University shall submit the the business community. proposal to the Historic Preservation d. A designated community contact shall Board for its review and approval. The be engaged to be the point of contact interpretive elements shall be designed in a for providing information to the manner that does not interfere with the neighborhood and receiving feedback. use and functionality of the pier as a 2. Construction management. At the time of marine passenger facility and for water site plan review, Northeastern University access by the Roux Institute and the public. shall submit a Construction Management 3. 100-foot review exemption. The B&M Plan substantially in accordance with the Cannery Building is exempt from construction management principles Subsection 1413.6.4(E)(2) for review of identified in the Institutional Development development within 100 feet of a Plan for review and approval by the landmark. Planning Authority. J. Historic preservation 8.58.4 ISLAND TRANSFER STATION OVERLAY 1. Historic preservation review. The B&M 8.6.18.4.1 Purpose Cannery Building has been designated as a The purpose of the Island Transfer Station Overlay local historic landmark. The area of Zone is to establish a location for a transfer station designation includes the B&M Cannery for municipal solid waste and municipal public Building, as well as the area of the former works activities. This zone shall be established Codfish Building and pier. The Historic through a conditional rezoning process in order to Preservation Board’s review of activity ensure the imposition of appropriate conditions for within the site of the former Codfish the protection of neighboring properties. Building and pier is limited to review of any activity that would require a Certificate of 8.6.28.4.2 Permitted uses FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-41 Page 662 OVERLAY ZONES A. Municipal solid waste facilities, including City, as identified on the PAD Overlay Zone map compactors and storage bins, provided that the (Figure 8-H), are maintained as active, walkable, compactor shall be located within a fully pedestrian-oriented activity centers. As such, the enclosed structure. overlay requires that street-level frontages within B. Recycling facilities, provided that all recycling those areas identified on the PAD Overlay Zone map areas shall be buffered and screened from should be occupied with active uses as identified in neighboring properties. this section. C. Municipal garages, material storage, and parking for vehicles. 8.5.2 Use restrictions D. Maintenance of municipal vehicles and A. Within the PAD Overlay Zone, a minimum of equipment. 75% of the street level frontage, measured as a E. Minor wind energy systems co-located with percentage of total building length excluding public industrial or utility facilities, subject to areas of vehicular and pedestrian egress, and the applicable standards of Subsectionwithin any mechanical or electrical equipment rooms Article 6.4.18. servicing the building, shall consist of the uses specified below. Such uses shall occupy a 8.6.38.4.3 Conditions minimum of 40 feet in depth, measured from Requirements for setbacks and any operational the street facing façade of the building. limitations shall be established as part of the 1. Bars conditional rezoning process. 2. Cultural facilities 1. Retail as permitted in the B-3 zone. 8.68.5 PEDESTRIAN ACTIVITIES DISTRICT 2.3. General services. (PAD) OVERLAY 4. Governmental uses The following restrictions shall apply in the 3.5. Hotels. Pedestrian Activities District (PAD) Overlay Zone, 4. Restaurants as permitted in the B-3 zone. which shall include street frontages as delineated on 5. Bars. the PAD Overlay Zone map. 6. Low-impact industrial, provided that only retail sales of products produced on site, 8.7.1 Permitted uses or eating and drinking areas shall be F. At least 75% of the street level frontage of a located within the required active use area. building on a street located within the PAD 7. Restaurants, including food preparation Overlay Zone must be occupied, and, at areas visually oriented toward the street. minimum, the floor area to be occupied shall 8. Retail be 75% of the street level frontage multiplied 9. Specialty food services, provided that only by a 20 foot depth, by: retail sales of products produced on site, 8.5.1 Purpose and applicability or eating and drinking areas shall be The purpose of the Pedestrian Activities District located within the required active use area. (PAD) Overlay is to ensure that key areas within the 10. Studios for artists and craftspeople. 8-42 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 663 OVERLAY ZONES 6.11. Theaters and performance halls, provided B. First floor windows shall be transparent with that only ticket and refreshment sales, uses visible from the public right-of-way. lobbies, lounges and entrances shall be G.C. For those buildings whichthat have frontage on located within thisthe required active use more than one street located within the PAD area. overlay zone, the street level area of each such 7. Cultural facilities. frontage shall meet the above above 8. Governmental uses. requirements apply to each frontage. 9. Studios for artists and craftspeople In no event shall any required active use area be including, but not limited to, carpenters, used for storage or service entrances, including cabinetmakers, and silk screeners. loading docks, dumpsters and compactors, 10.12. Other uses wheremay be allowed, except as provided in Subsection 8.5.4. provided the applicant can demonstrate to the Building Authority that the proposed 8.7.28.5.3 Conditional uses use will not differis substantially Any use permitted in the B-3 and B-3b zone may be fromsimilar to a required ground floor authorized as a conditional use subject to the floor retail use in its effect on the continuity of area and transparency requirements of Subsection pedestrian-oriented use and that the 8.7.15.2, provided that the Planning Authority shall proposal establishes a ground floor use be substituted for the Board of Appeals as the that generateslisted above and will reviewing authority. Such uses shall meet the generate pedestrian interest and activity. general conditional use standards of Section 6.5.2, FIGURE 8-H: PEDESTRIAN ACTIVITIES DISTRICT (PAD) OVERLAY FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-43 Page 664 OVERLAY ZONES and the following conditions and standards: L. The Planning Board shall adopt rules and H. The applicant canshall prove by competent regulations governing the Planning Authority’s evidence (including but not limited to reliable review of an applicant’s marketing efforts documentation of advertising, real estate under this subsection. brokerage efforts, and other sales mechanisms) 8.7.3 Prohibited uses that the space has been actively marketed, and, In no event shall any required retail frontage area be in the case of new construction, available for used for any of the following: permitted uses in the PAD Overlay Zone for a M.a. Storage. period of six months and that it has been N. Service entrances, including loading docks, unable to market the space for a permitted use dumpsters and compactors, except as provided in accordance with Subsection 8.7.1. in Subsection 8.7.4. I.A. The approval of any conditional use under this O. Food preparation areas, unless such subsection shall be for the specific tenant preparation areas are visually oriented toward proposed for the conditional use approval and pedestrians on streets located within a PAD shall not run with the space to subsequent Overlay Zone. tenants. A conditional use approval shall expire at the end of each tenant’s use, and a new 8.7.48.5.4 Exceptions approval shall be required for new tenants. For those buildings whichthat have 40 feet or less However, where a conditional use has been of frontage on a street within the PAD Overlay approved under this subsection and the term Zone, the ground floor area requirements for of the effected tenancy is five years or less, the permitted uses under Subsection 8.7.15.2 shall be tenant may sublet the area for the approved reduced to 50% of the frontage where required to conditional use which approval may run with accommodate a service entrance. For buildings said lease but may not be extended without whichthat have frontage on more than one street review by the Planning Authority.5.2. located within a PAD Overlay Zone, only one such J.B. The Planning Authority may impose reasonable frontage shall be permitted to reduce the required conditions concerning the design, appearance, retailactive use area to 50% of the frontage. use, and extent of use of the space along the street frontage to ensure maximum pedestrian compatibility and interest. 8.7 STREAM PROTECTION OVERLAY (S-P) K.C. Notwithstanding the above, the Planning 8.5.1 Purpose Authority may authorize a reduction in the The purpose of the Stream Protection Overlay Zone percentage of required ground floor is to preserve and protect significant streams pedestrian-oriented uses where the physical outside of the Shoreland Zone by providing a buffer limitations of an existing building so require. from land development activities in order to Any such reduction shall be the least necessary conserve stream channel capacity and to minimize to provide relief and shall include mitigating siltation and stream bank erosion. design factors. 8-44 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 665 OVERLAY ZONES 8.5.2 Applicability be less than the setback of the principal The Stream Protection Overlay Zone includes all structure from the stream. land areas within 75 feet, horizontal distance, of the normal high-water line of a stream as shown on the City of Portland zoning map. These standards apply 8.88.6 UNIVERSITY OF SOUTHERN MAINE only to areas within the Stream Protection Overlay OVERLAY Zone. Streams within the Shoreland Zone are 8.9.18.6.1 Purpose subject to the provisions of Article 11. The intention of the University of Southern Maine Overlay Zone is to establish an overlay zone in 8.5.3 Development standards which an existing university campus can be A. Minimum building setback from normal continued and reasonably expanded within defined high-water line of stream: 75 feet. boundaries, in addition to those uses permitted in Notwithstanding this requirement, when a lot is the underlying zone or zones. The purpose of this a lot of record under Subsection 4.3.1 or cannot section is to recognize the unique qualities of a otherwise meet the setback requirement of this university campus while at the same time protecting subsection due to physical limitations of the the value and integrity of established site, the Planning Board may approve a neighborhoods. reduction of the setback requirement for a principal structure to the least amount 8.9.28.6.2 Location and applicability necessary to achieve a building dimension of 28 The University of Southern Maine Overlay Zone is feet, provided that the setback is not reduced intended to encompass and define the University of to less than 40 feet. Structures in existence on Southern Maine campus west of Forest Avenue. June 15, 1992 may be expanded once during the Properties in the University of Southern Maine lifetime of the structure up to 25 feet toward a Overlay Zone shall continue to be governed by the stream or tributary stream, provided that the regulations applicable to the underlying zone except setback is not reduced to less than forty 40 as specifically modified by this section. feet and the floor area or volume is not increased by more than 30%. 8.9.38.6.3 Permitted uses B. Filling of material. Filling of material within a A. In addition to the permitted uses allowed in the Stream Protection Zone shall require site plan underlying zones and notwithstanding anything review under the provisions of Article 14. to the contrary in the use regulations for the C. Minimum parking setback from normal high- underlying zones, post-secondary schools and water line of stream: 75 feet. Notwithstanding university uses are permitted in the University this requirement, the Planning Board may of Southern Maine Overlay Zone, including, but reduce the parking setback where the required not limited to: setback cannot be met to the least extent 1. Classrooms. necessary, provided that such setback shall not 2. Laboratory and research facilities. 3. Student unions. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-45 Page 666 OVERLAY ZONES 4. Dining halls. the date of enactment of the University of 5. Bookstores. Southern Maine Overlay Zone. 6. Auditoriums. 7. Concert and lecture halls. 8. Gymnasiums. 9. Libraries. 8.9.48.6.4 Conditional uses 10. Outdoor use areas, such as “quads”, The following uses are permitted as provided in greens, parks, gardens, art installations, and Section 6.5: other active and passive noncommercial D.C. Minor wind energy systems, subject to the recreation spaces. standards of Subsectionsubsection 6.4.1841. 11. Faculty and student housing. 12. Parking lots and garages. 8.9.58.6.5 Dimensional requirements 13. Community meeting spaces. University buildings and structures shall be subject 14. Administrative and faculty offices. to the dimensional requirements of the underlying 15. Transportation facilities. zone, except as follows: 16. Maintenance facilities. A. Minimum setbacks. Minimum setbacks shall 17. Utility buildings. be the same as in the underlying zone, except 18. Student health services. as shown on the University Campus Overlay 19. Daycare facilities, nursery schools and Setback Map, incorporated herein by reference. kindergartens operated in conjunction Side and rear setbacks shall not be required with university programs or serving between buildings on contiguous lots owned by students, faculty or employees of the the university on the condition that such university and their families, with contiguous lots shall be considered merged and associated outside play areas., and shall not be separately conveyed unless kindergartens. required setbacks in the underlying zones are 20. Other buildings, structures and uses provided. customarily incidental to a university. B. Maximum building height. Maximum building B. On lots fronting on Chamberlain Avenue and height shall be the same as in the underlying Exeter Street, university uses shall be limited to zone, except as shown on the University faculty housing, graduate student housing, Campus Overlay Height Map, incorporated faculty offices and administrative offices, and herein by reference. buildings containing such uses shall be designed C. Minimum building height. All new and maintained so as to complement the freestanding buildings in height zone B and residential character of the street as required in height zone C must be built to a height of at Subsection 8.9.9, and administrative offices. least 35 feet or designed and constructed so C. No change of use permit shall be required for that they can be expanded to 35 feet or higher. any of the above uses in actual existence as of As used in this paragraph, the term “new freestanding building” means any building 8-46 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 667 OVERLAY ZONES which is not an addition to or expansion of a facilities so situated that students, faculty, staff building which existed on the date of and visitors arriving on campus can reasonably enactment of the University of Southern Maine be expected to park in the central facilities and Overlay Zone. Minimum building height walk to their various on-campus destinations provisions shall not apply to maintenance during the course of a school day. facilities, utility buildings, information kiosks, D. Shared use of a single parking facility by two or additions to and/or relocations of designated more buildings when the peak parking demand historic structures, and transportation facilities, period for such buildings do not overlap. including bus shelters, parking attendant E. Development and implementation of a parking booths, and other similar structures. management plan which discourages on-street D. Maximum impervious surface ratio. A parking. On-street parking shall not be used to maximum of 66% of the total land area within satisfy the university’s parking demand. the University of Southern Maine Overlay Zone, F. Development and implementation of programs exclusive of public streets, shall be impervious. designed to reduce the number of automobiles E. Maximum coverage by buildings. 40% of the parking on campus, such as ride share total land area within the University of programs and incentives for use of bicycles and Southern Maine Overlay Zone, exclusive of public transportation. public streets, shall be covered by building footprint. 8.9.78.6.7 Loading The amount of loading area required for any 8.9.68.6.6 Parking university building shall be determined by the The amount of parking required for any university Planning Board during site plan review, based on a building or building addition shall be determined by campus-wide analysis, treating all contiguous lots the Planning Board during site plan review, based on owned by the university as one lot. In determining an analysis of campus-wide parking demand and the amount of loading space required for any supply, pursuant to a comprehensive university university building, the Planning Board may take into parking management plan, and treating all account such factors as: contiguous land (including land on opposite sides of A. The use of centrally located on-campus loading the street) owned by the university as one lot. In facilities so situated that vehicles making determining the amount of parking required for any deliveries can load and unload in the central university building, the Planning Board may take into facilities, provided no single location is account such factors as: overburdened with loading facilities. A. The availability of off-campus parking and B. Shared use of a single loading facility by two or shuttle transportation to and from such off- more buildings. campus facilities. C. Impacts of the loading area on adjacent uses B. The ratio of commuter students to resident outside the University of Southern Maine students. Overlay Zone. C. The use of centrally located on-campus parking FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-47 Page 668 OVERLAY ZONES 8.9.88.6.8 Signage campus housing developed by the university, and/or Signs shall comply with the requirements of Article off-campus housing developed by others. 2019, except as those regulations are modified or augmented below: 8.6.11 Required review for change of use, A. Signs shall be designed in accordance with additions, and renovations signage standards promulgated by the In the case of properties fronting Chamberlain university, providing for a unified and ADA- Avenue, Exeter Street, and the northerly side of compliant campus-wide system for Bedford Street from Surrender Street to Deering identification, orientation, and regulatory Avenue, minor site plan review shall be signage. required of all changes of use and all building B. Banners are allowed as follows: additions and renovations affecting an area 1. Generic banners containing the logo and equivalent to 25% or more of the existing floor area colors of the university, used for of a structure, unless major site plan review is decorative purposes. otherwise required under Article 14. 2. Banners used for advertising university events, which can be displayed for a 8.98.7 WAYNFLETE SCHOOL OVERLAY maximum of four weeks prior to and one 8.10.18.7.1 Purpose week following the event. The intent of this section is to establish a Waynflete School Overlay Zone which protects the value and 8.9.98.6.9 Design principles and integrity of established residential neighborhoods, standards establishes clearly defined boundaries beyond which All development in the University of Southern Maine residential conversions cannot occur and results in Overlay Zone is subject to the requirements no net loss of dwelling units, while allowing contained within the City of Portland Design Waynflete School, an existing private day school, to Manual. continue and reasonably augment its existing uses and programs, thereby maintaining compatible 8.6.10 Campus housing development at medium densities appropriate to For any development requiring major site plan the existing neighborhood patterns. As used in this review, the university shall submit to the Planning section, the term “Waynflete School” includes any Board a campus housing analysis. The analysis shall successor institution that operates as a private day include a description of housing demand and supply school. at the time of the application, a projection of housing demand expected to arise from the 8.10.28.7.2 Location and applicability proposed development and/or as a result of The Waynflete School Overlay Zone, as shown on program changes anticipated to occur concurrently the zoning map, is intended to encompass and with the proposed development, and a description define Waynflete School’s principal campus on the of how the university intends to meet any increased Portland peninsula. Properties in the Waynflete housing demand through on-campus housing, off- School Overlay Zone shall continue to be governed 8-48 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 669 OVERLAY ZONES by the regulations applicable to the underlying zone limited to, the following: except as specifically modified by this section. 1. Classrooms. 2. Laboratory facilities. 8.10.3 8.7.3 Subdistricts 3. Dining halls. The Waynflete School Overlay Zone consists of two 4. Auditoriums. subdistricts. Except where otherwise specified in 5. Concert and lecture halls. this Section 8.107, all provisions of this Waynflete 6. Gymnasiums. School Overlay Zone apply in both subdistricts. The 7. Libraries. subdistricts, as shown on the Waynflete School 8. Outdoor use areas, such as “quads”, Overlay Zone subdistrict map, incorporated herein greens, parks, gardens, art installations, and by reference, are as follows: other active and passive recreation spaces. A. The Campus Core subdistrict defines the 9. Parking lots and structures. interior core of the campus and is intended to 10. Community meeting spaces. allow compact development of school uses, 11. Administrative and faculty offices. with specific space and bulk regulations 12. Transportation facilities. designed to accommodate school uses. 13. Maintenance facilities. B. The Campus Edge subdistrict is intended to 14. Utility buildings. preserve residential character along the streets 15. Student health services. bordering the campus by limiting the amount 16. Bookstores. of residential space which can be converted to 17. Accessory uses which are customarily school uses, by maintaining a number of incidental and subordinate to the location, dwelling units within the subdistrict which function and operation of a private day equals the number of dwelling units existing in school. the subdistrict at the time of enactment of this B. Residential uses. Faculty or staff housing, Overlay Zone, and by encouraging mixed-use which shall be considered a residential use, and buildings along the street frontages. The space not a school use, for all purposes under this and bulk regulations of the R-4RN-3 zone overlay zone. continue to apply within the Campus Edge subdistrict. 8.10.58.7.5 Prohibited uses A. Boarding schools. 8.10.48.7.4 Permitted uses B. Dormitories. In addition to the permitted uses allowed in the underlying zones and notwithstanding anything to 8.10.6 8.7.6 Residential conversions the contrary in the use regulations for the prohibited underlying zones, the following uses are permitted A. Conversions of existing residential buildings in the Waynflete School Overlay Zone: within the Waynflete School Overlay zone shall A. School uses. Elementary, middle and be prohibited. secondary school uses including, but not B. The existing houses at 11 Fletcher Street, 3 FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-49 Page 670 OVERLAY ZONES Storer Street, 305 Danforth Street, and 299 8.10.88.7.8 Parking Danforth Street shall not be relocated from The amount of parking required for any change of their locations existing as of January 20, 2010. use, new building, or building addition within the This provision shall not apply to garages. zone shall be determined during site plan review, C. At no time shall the number of dwelling units based on an analysis of school-wide demand and within the Waynflete School Overlay Zone be supply, pursuant to a comprehensive school-wide reduced below four (the number existing at the Transportation Demand Management Plan (TDM), time of enactment of this Overlay Zone). and treating all land owned by Waynflete School within the Waynflete School Overlay Zone as one 8.10.78.7.7 Dimensional requirements lot. Any existing parking management or TDM plan Buildings and structures in the Waynflete School approved as part of a previous approval shall remain Overlay Zone shall be subject to the applicable in effect until revised or updated pursuant to this dimensional requirements of the underlying zones, section. In determining the amount of parking except as follows: required for any building within the Waynflete A. Minimum setbacks shall be the same as in the School Overlay Zone, the Planning Authority or the underlying zone, except that side and rear Planning Board may take into account such factors setbacks shall not be required between as: buildings on contiguous lots owned or A. The use of centrally located on-campus parking occupied by Waynflete School on the condition facilities so situated that students, faculty, staff that such contiguous lots shall be considered and visitors arriving on campus can reasonably merged and shall not be separately conveyed be expected to park in the central facilities and unless required yard dimensions in the walk to their various on-campus destinations underlying zones are provided. during the course of a school day. B. Minimum street frontage shall be the same as B. Shared use of a single parking facility by two or in the underlying zone, except that all the land more buildings when the peak parking demand within the Waynflete School Overlay Zone periods for such buildings do not overlap. owned or occupied by Waynflete School shall C. Development and implementation of a parking be considered a single lot for the purpose of management plan which discourages on-street complying with minimum street frontage. parking. C. Maximum coverage by buildings shall be the D. Development and implementation of a TDM same as in the underlying zone, except that in plan subject to the review and approval of the the Campus Core subdistrict the maximum Planning Authority or the Planning Board. The coverage by buildings shall be 40% and all the TDM plan shall employee elements such as land within the Campus Core subdistrict owned public transit initiatives, parking cash-out, car or occupied by Waynflete School shall be sharing, car and van pooling incentives, considered a single lot for the purpose of provision of bicycle and pedestrian commuting calculating maximum coverage by buildings. accommodations, guaranteed ride home programs, employee surveys, newsletters, 8-50 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 671 OVERLAY ZONES alternative transportation information sharing, or R-6RN-5 zones outside the boundaries of the and other such strategies that reduce single Waynflete School Overlay Zone that was occupied occupancy vehicle trips to and from Waynflete by a residential use or structure on or after January school. Waynflete School shall follow the 20, 2010. This restriction does not prevent standards and guidelines for developing a TDM Waynflete School from seeking a conditional use plan found in the TDM section of the City of permit for a school use, where otherwise allowed by Portland Technical Manual. the zoning regulations, on lots outside the Waynflete School Overlay Zone that were not 8.10.9 8.7.9 Loading occupied by a residential use or structure on or The amount of loading area required for any after January 20, 2010. building within the Waynflete School Overlay Zone shall be determined by the Planning Board during site plan review, based on a campus-wide analysis, treating all land owned by Waynflete School within the Waynflete School Overlay Zone as one lot. In determining the amount of loading space required for any building within the Waynflete School Overlay zone, the Planning Board may take into account such factors as: A. The use of centrally located on-campus loading facilities so situated that vehicles making deliveries can load and unload in central facilities, provided no single location is overburdened with loading facilities. B. Shared use of a single loading facility by two or more buildings. C. Impacts of the loading area on adjacent uses outside the Waynflete School Overlay Zone. 8.10.10 8.7.10 Signage Signs shall comply with the requirements of Article 2019. 8.10.118.7.11 Restrictions Notwithstanding the conditional use provisions for institutional uses within the R-4RN-3 or R-6RN-5 zones, Waynflete School cannot locate a school use listed in Subsection 8.107.4 on any lot in the R-4RN-3 FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 8-51 Page 672 FORM-BASED ZONES 9 FORM-BASED ZONES C. Street walls are engaged with the street environment. Buildings are inviting places that 9.1 INDIA STREET FORM-BASED ZONE interact with and contribute to the street 9.1.1 Purpose vitality. Inactive edges, vehicle storage, The India Street Form-Based Code is different than garbage, and mechanical equipment should be traditional zoning, placing the primary emphasis on kept away from the street. Shared a building’s physical form and its relationship to the infrastructure, to the extent practicable, street, and de-emphasizing land use. The intent of including, but not limited to, service alleys, the India Street Form-Based Code Zone is to parking areas, stormwater treatment, public establish a zone that encourages a vibrant, walkable, transportation facilities, and driveways, shall be mixed-use urban district, preserves and values the utilized. existing historic neighborhood fabric, and fosters D. Buildings are designed for the urban and supports local businesses and residential areas. environment. Buildings must be designed for The goal of the India Street Form-Based Code is the the urban situation within the subdistrict which creation and preservation of an active and human- often includes mixed-uses. Buildings are scale public realm and the reinforcement of existing positioned near the street and facades are neighborhood character through good street oriented to the street. spacestreetscape design. The components of the E. Respect historic character. If a property is form-based code include the guiding principles, within the India Street Historic District, Article Regulating Plan, subdistricts, general development 167 is applicable. New construction, building standards, dimensional requirements, building additions, or alterations in the India Street design standards, diagrams, and definitions. Historic District shall reflect and complement the character-defining features and elements of 9.1.2 General guiding principles the existing historic development to which it is The general guiding principles set forth here shall be visually related. applicable to all subdistricts within the India Street Form-Based Code Zone: 9.1.3 Applicability A. The street is a coherent space, with consistent A. The requirements set forth in this Section 9.1 building and streetscape character on both shall apply to all new development, primary and sides of the street. This agreement of buildings accessory structures, including building and streetscape across the street contributes additions within the India Street Form-Based to a clear public space and district identity. Code Zone as designated on the India Street B. The street wall is visually well defined. Land Regulating Plan. should be clearly public or private. Buildings B. A partial waiver of the requirements listed contribute to the vital and safe public space below may be granted if it can be while providing a clear boundary to the private, demonstrated to the satisfaction of the protected realm. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-1 Page 673 FORM-BASED ZONES FIGURE 9-A: IS-FBC REGULATING PLAN 9-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 674 FORM-BASED ZONES Planning Authority that the requirements in 9.1.5 Regulating Plan Subsection 9.1.3(C) below have been met: The Regulating Plan shows the location of the zone 1. Building orientation. boundary and subdistricts subject to regulation by 2. Blank façade length (max.). the IS-FBC zoneZone. 3. Fenestration, ground floor facade area. 4. Building entry frequency, orientation, or 9.1.6 Definitions elevation. Terms used throughout this India Street Form- 5. Garage door setback or width. Based Code Zone may be defined in Article 3 or in 6. Additional building length – ground floor Article 7. Terms not so defined shall be accorded partition or module requirements. their commonly accepted meanings. In the event of C. A partial waiver request must meet the any conflict between the definitions in this section following requirements: and those in Article 3, Article 7, or any other local 1. The intent of the IS-FBC zoneZone as land use ordinances, rules, or regulations, those of stated in Subsections 9.1.1 and 9.1.8. this India Street Form-Based Code Zone shall take 2. Be the least adjustment necessary to precedence. For reference, terms are illustrated in satisfy the practical, programmatic, or Figure 9-B. functional needs of the proposed development. Building, accessory. A detached structure that is 3. At least one of the following applies: incidental and subordinate in area and extent, a. The proposed zoning alternative and/or use to the principal building(s) on the better achieves the zone and property. A lot may have more than one accessory subdistrict intent. building. b. The zone or subdistrict intent will not be met by applying the requirement in Building addition. Any increase to footprint or this particular circumstance. volume of an existing structure. c. There is a legal or practical necessity or unique conditions. Building, principal. The main structure(s) on a lot d. Unique site factors make the zoning having the predominant area and extent, and/or use. requirement impractical or cost A lot may have more than one principal building. prohibitive. Buildings, attached. Two or more independent 9.1.4 Establishment of subdistricts buildings that share at least one common party wall The India Street Form-Based Code Zone as shown but have full building separation and independent on the Regulating Plan is divided into three principal entries; not free-standing. Attached subdistricts: buildings may or may not have common ownership. A. Urban Neighborhood (UN) Subdistrict. B. Urban Transitional (UT) Subdistrict. Building Design Standard (BDS). The basic design C. Urban Active (UA) Subdistrict. parameters governing building form, including FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-3 Page 675 FORM-BASED ZONES intent, guidelines, and standards for architectural Mid-block permeability. A continuous, open-air elements such as proportion, articulation, corridor at least 20’ in width that connects two fenestration, entries, roof lines, and materials. streets or public rights-of-way and physically provides a break in the street wall. The corridor Elevation. An exterior wall of a building not along a must be unobstructed and open to the sky for the frontage line. majority of its length. Entrance, principal. The main point of access for Party wall. Any partition wall common to two pedestrians into a building. A building may have adjacent or attached buildings. more than one principal entrance. Regulating plan. A zoning map that shows the Façade. Any exterior wall of a structure exposed to boundary of the area and subdistricts subject to public view from a public right-of-way. regulation by the India Street Form-Based Code. Façade, blank. A building façade that contains Stepback. A building setback of a specified distance expanses of wall area with no windows, no measured from the ground floor building face that entrances, no articulation, and no other elements or occurs at a prescribed number of stories or height features, or is otherwise undifferentiated. above the ground and excludes the minimum necessary housing of elevators, stairways, tanks, Green roof. A roof of a building that is partially or fans, or other building operating equipment not completely covered with vegetation and designed to intended for human occupancy. meet the Maine Stormwater Best Management Practices Manual standards and recommendations. Yard, side. A yard adjoining a side lot line extending A green roof installation must serve the purpose of from the front yard to the rear yard, the width of reducing stormwater runoff through retention or which shall be the shortest horizontal distance slowing and consist of an assembly that at a between the side lot line and any structure. On minimum includes a root repellent system, a corner lots, non-frontage yards shall be considered drainage system, a filtering layer, a growing medium side yards. and plants, and shall be installed on a waterproof membrane. The vegetated area of a green roof may Zero lot line. The location of a structure on a lot be considered pervious for zoning impervious such that one or more of the structure sides rests calculations. directly on a lot line. 9-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 676 FORM-BASED ZONES FIGURE 9-B: IS-FBC TERMS ILLUSTRATED FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-5 Page 677 FORM-BASED ZONES 9.1.79.1.6 General development provided roughly perpendicular to standards Commercial/Thames Street and within A. Prohibited uses the middle third of the applicable 1. Correctional pre-release facilities. street frontage. (See Figure 9-GF.) 2. Funeral homes. b. Is encouraged in any location that 3. Drive-through facilities. connects existing public or private 4. High‐impact industrial uses. alleys, passages, or streets. 5. Auto service stations. c.b. Any development providing mid-block 6. Truck terminals. permeability with public access in the 7. Recycling and solid waste disposal services. form of a continuous path of travel 8. Storage and parking facilities for Class 1 with a minimum clear width of 10 feet flammable and combustible liquids (having between two streets is eligible for one an aggregate total of more than 100 additional story of up to 12 feet in gallons) but excluding storage that is part height under the provisions of of a motorized vehicle or pleasure craft Subsection 9.1.7(C6(D). Public access facility. shall be defined through a legal B. Performance standards. All uses permitted agreement such as an easement or within this Article 9 shall conform to the mixed- license. use and B-2/B-2b zone performance standards d.c. Refer to Regulating Plan for identified established in Section 6.8. Where no zone is requiredFor locations where mid- specified in Section 6.8, the performance block permeability locationsis standard applies. required, refer to the Regulating Plan. B.C. Siting standards 2. Frontage requirements 1. Mid-block permeability a. Minimum street frontage: 30 feet a. On lots with frontage on two streets b. Building length measurement shall not roughly parallel to include porches, decks, or balconies Commercial/Thames Street, for each that are appended to the principal and every 200 feet in street line length structure. of lot, a full break between structures c. In the case of a corner lot or lot of at least 20 feet in width shall be bounded by at least three streets, TABLE 9-A: ADDITIONAL BUILDING LENGTH Structured Parking Subdistrict Attached Buildings Ground Floor Partitions Massing Variation Exception UN unlimitedUnlimited run Not allowed Not allowed Not allowed 200 ft. max. length; UT unlimitedUnlimited run 200 ft. max. length 200 ft. max. length 2 modules 150 ft. max. length; UA unlimitedUnlimited run Not allowed 150 ft. max. length 3 modules 9-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 678 FORM-BASED ZONES maximum building lengths may not be c) Each module created by exceeded in order to meet front yard partition must have at least setbacks. one functional, street-facing d. Additional building length is allowed entry. beyond the maximum building length d) Modules created by partition under the following circumstances shall be sized to have and according to Table 9-A: reasonable function and i. Attached buildings: An unlimited proportion in relation to number of attached buildings overall building length. having up to 30 feet of street- e) In the UA subdistrict, number facing building length is allowed. of modules are required A party wall condition is required based on building length. In a at least every 30 feet and for the building with a length greater entire height of each building. than 50 feet but less than (See Table 9-A Additional Building 100 feet, at least two Length – Attached Buildings.) modules are required. In a ii. Ground floor partitions: building with a length greater Additional building length is than 100 feet but less than or permitted with the provision of equal to 150 feet, at least ground floor partitions where the three modules are required. following conditions are met. f) Massing Variation: Additional (See Table 9-A Additional Building building length is permitted Length – Ground Floor where at least 30% and up to Partitions.): 40% of the total façade a) Partitions must extend from building length is set back at the facade at least 2/3rds of least 20 feet. (See Table 9-A the building depth. Additional Building Length – b) Partitions must be Massing Variation.) architecturally expressed on g) Structured Parking the building exterior. Exception: Additional building length for one facade without partition walls is allowed for the use of TABLE 9-B: WALL/FENCE DIMENSIONAL REQUIREMENTS Location Height Visual Permeability ground-level structured parking. Required above 2 ft. from Within front yard 6 ft. max. sidewalk grade 3. Setbacks Side or rear yard 8 ft. max. n/a a. Lots with a street frontage of less than 35 feet are exempt from providing side FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-7 Page 679 FORM-BASED ZONES yards but only where required yard is a. Building additions which exceed the perpendicular to the frontage that is footprint of the existing building to less than 35 feet. which it is an addition or which b. Where new construction or building exceeds 50,000 square feet shall be additions create a side yard of less subject to major site plan review. than five feet, a maintenance b. Exemptions easement is required where a i. A building addition may not cause combination of the side yard and the building to exceed the easement must be at least five feet. maximum building length Party wall conditions are exempt from requirement except in the case providing a maintenance easement. that the building addition is Corner lots may only apply the side located between a street frontage yard reduction to one required side and an existing building with a yard. legally non-conforming length. In c. Building facades within 10 feet of a such an instance, a building corner are exempt from setback addition length may match but requirements in order to allow special not exceed the legally non- corner architectural treatments. conforming length of the existing d. Subdivision developments consisting building to which it is an addition. of horizontally attached buildings on (See Figure 9-G.) individual lots are not required to have ii. Building additions are exempt side yards between buildings where a from story minimums or maximums party wall condition will exist, but shall in order to match existing building in be required to meet the applicable number of stories. All other side setbacks at the external and subdistrict height standards shall internal subdivision lot boundaries apply including height minimum and between buildings that are not maximums in feet. attached to each other. C.D. Height standards 4. Landscaping and screening 1. Height bonus applicability. Only one height a. Surface parking areas shall be bonus may be applied per structure. screened from view from sidewalks, 1.2. If a frontage faces a UT street, UN street, public rights-of-way, and public open or allowed UA street according to Table 9- spaces using landscaping, walls, C, then the portion of the building facing fencing, or a combination thereof. that street is eligible for a height bonus. b. Walls and fences shall meet the For lots with multiple frontages where a dimensional requirements in Table 9-B. frontage faces an ineligible street, bonus 5. Building additions story must be stepped back at least 35 feet 9-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 680 FORM-BASED ZONES TABLE 9-C: HEIGHT BONUSES Height Bonus With Floor Pre-Bonus Mid-Block Residential Green Affordable Bonus Stepback2 Subdistrict Height (max.) Permeability1 Density Roof Housing (max.) (min.) 45 ft. and 1 story 57 ft. up to UN n/a n/a n/a 15 ft. 4 stories up to 12 ft. 5 stories 65 ft. and 1 story 1 story 1 story 1 story 77 ft. up to UT 15 ft. 6 stories up to 12 ft. up to 12 ft. up to 12 ft. up to 12 ft. 7 stories UA (Congress 50 ft. and 1 story 1 story 1 story 1 story 62 ft. up to Street and 15 ft. Commercial 4 stories up to 12 ft. up to 12 ft. up to 12 ft. up to 12 ft. 5 stories Street only) 1 Must be publicly accessible in the form of a continuous path with a minimum clear width of 10 feet. 2 Measured from the ground floor building edge facing any public right-of-way. from ineligible street line. (See Subsection For residential development where 20% of 9.1.8(D).) the units meet the definition of either a. Only one height bonus may be applied “Workforce Housing Unit for Sale” or per structure. “Low-income Housing Unit for Rent” as 2.3. One additional story of up to 12 feet in per Article 3. height is allowed if one of the following 3. For affordable housing projects in which provisions is met: over 75% of units are low-income or a. For residential development with workforce units, maximum heights residential density equal to or greater may be increased by 12 feet.Affordable than 150 dwelling units per acre housing projects shall be subject to the (density may be achieved with the affordable housing bonus provisions of bonus floor). Subsection 17.2.2. Forfor any development providing a green D.E. Parking standards roof, where: 1. Parking shall be provided as per Article 189. i. At least 50% of the cumulative lot 2. Structured parking must meet the Building area is pervious. Design Standard for structured parking. ii. At least 50% of the cumulative roof (See City of Portland Design Manual.) area is a green roof. Green roof area 3.2. In the case of a building addition, non- may be applied towards the 50% lot conforming existing surface parking may area requirement. Maintenance remain. In the case of new construction, shall be assured by a maintenance surface parking must be brought into plan and maintenance agreement conformance with IS-FBC standards. approved by the Planning Authority. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-9 Page 681 FORM-BASED ZONES 9.1.7 Subdistrict dimensional requirements A. Urban Neighborhood (UN) subdistrict The intent of this subdistrict is to maintain and promote a small-scale, less active urban fabric. Buildings may be more private in character and have smaller footprints with building types including, but not limited to, single-family, townrowhouses, 9-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 682 FORM-BASED ZONES duplexes, triple-deckers, and double-triples. The intent of this subdistrict is to encourage higher Building frontages may be less transparent and density, mixed-use building types that entries may be raised above sidewalk level with accommodate any use. Building frontages are a mix frontage types including raised, recessed doorways, of activity level, have larger footprints, and the most porches, and stoops. The streetscape has variable flexibility of height and scale. Building ground floor setbacks and landscaping with many buildings within spaces tend to accommodate flexible and changing one block and streets tend to be narrow. B. Urban Transitional (UT) subdistrict uses with frontage types including doorways, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-11 Page 683 FORM-BASED ZONES forecourts, arcades, and storefronts. The The intent of this subdistrict is to maintain and streetscape may be less active than the UA promote a moderate-scale, diverse, mixed-use subdistrict with wide sidewalks, street trees, and neighborhood with vibrant streets and active setbacks and stepbacks providing relief from large ground floor spaces. Buildings are more active and building masses. engage the street at the ground level. Building C. Urban Active (UA) subdistrict 9-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 684 FORM-BASED ZONES frontages are transparent and entries are at set close to the street providing a consistent street sidewalk level with frontage types including wall. storefronts and recessed doorways. The D. Corner conditions streetscape has steady street planting, and buildings For corner lots where two subdistricts intersect at a street corner, the dimensional requirements and FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-13 Page 685 FORM-BASED ZONES building design standards of the “dominant” subdistrict shall apply 35 feet deep into the lot measured from the dominant lot line along its associated street frontage or public ways including required mid-block permeability. Otherwise, dimensional requirements shall be according to the subdistrict onto which the building façade faces. 9-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 686 FORM-BASED ZONES FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 9-15 Page 687 () WATERFRONT ZONES 10 WATERFRONT ZONES and piers with direct access to Portland Harbor. Given the existing pier infrastructure, 10.1 IN GENERAL proximity to deep water, and urban context, Portland’s waterfront zones were developed to Portland’s Eastern Waterfront is uniquely support a wide range of industries unique to the situated to support a wide range of water- city’s maritime environment that rely upon access dependent industry and commerce through a to the working waterfront. Competing demands for variety of marine activities. limited access require a more exhaustive use list, B. The support and expansion of Portland’s specialized performance standards, and a unique set marine industry requires piers, uplands, and of dimensional restrictions that are unlike those of circulation consistent with the transportation other zones. Given this high degree of specialization, purpose and use of marine facilities. The Article 10 should generally be viewed in isolation growth of Portland’s marine passenger industry from other articles within the Land Use Code, with also requires supporting services and activities the exception of waterfront-specific definitions, to provide a safe, convenient, and enjoyable listed within Article 3. Uses listed within this article travel experience for users of marine passenger may typically be considered part of a larger generic facilities. Non-marine uses that complement use category as defined within Article 3. These the marine passenger industry, are compatible specific to Article 10 may feature some degree of with existing and future water-dependent uses, uses are listed only for the purposes of this article, and provide opportunities for residents and and do not indicate whether such uses are visitors alike to enjoy the Eastern Waterfront permitted or conditional in any other zone. In the throughout the year, are encouraged. case of any overlap or conflict with otheruses C. The primary use of the deep-water resources defined uses allowed elsewhere within the city. mustshall be for the berthing and support of However, in such instancesthis Code, the use as large vessels. Non-marine uses that referenced within this article shall control. within complement and support the deepwater the waterfront zones. infrastructure and do not conflict or compete for limited space with existing or anticipated 10.2 EASTERN WATERFRONT PORT ZONE deepwater-dependent uses are encouraged. (EWPZ) Existing and future pier infrastructure and 10.2.1 Purpose upland support areas should be designed and A. The Eastern Waterfront Port Zone is created to maintained to support a variety of marine uses nurturesupport deepwater-dependent activity and be responsive to future technologies and within the context of the established trends in the marine industry. waterfront. The transport of goods and D. Given the need to nurture and support passengers by water is an important deepwater-dependent uses and the need for component of both the local and regional non-deepwater-dependent uses to economies and this transport and other forms complement the marine passenger industry of marine industry are dependent upon land and to support the maintenance and repair of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-1 Page 688 WATERFRONT ZONES pier infrastructure, the Eastern Waterfront or other access to the water by water- Port Zone recognizes the following hierarchy of dependent uses. uses: D. The siting of a proposed use will substantially 1. The first priority of this zone is to protect reduce or inhibit existing public access to and nurturesupport existing and potential marine or tidal waters. deepwater-dependent uses (those uses requiring a minimum of 15 feet of water 10.2.3 Permitted uses depth). Subject to a determination that the proposed use 2. The second priority is to allow shallow meets the standards of Subsection 10.2.2, the water-dependent and other permitted following uses are permitted in the Eastern marine uses, so long as they do not Waterfront Port Zone: interfere with deepwater-dependent uses, A. Marine passenger either directly by displacement or 1. Intermodal marine passenger facilities. indirectly by placing incompatible demands 2. Cruise ship home port and port-of-call on the zone’s infrastructure. berthing and support. 3. Other uses specified herein are allowed 3. International and domestic ferries. only if they do not interfere with and are B. Marine commercial not incompatible with higher priority uses. 1. Transient and long-term commercial berthing. 10.2.2 No adverse impact on marine uses 2. Marine-related warehousing. No use shall be permitted, approved or established 3. Marine-related construction, in this zone if it will have an impermissible adverse manufacturing, fabrication, salvage, and impact on future marine development repair. opportunities. A proposed non-water-dependent 4. Storage and repair of fishing equipment. component of a development will have an 5. Ship and other marine vessel construction, impermissible adverse impact if it will result in any building, servicing, and repair. one or more of the following: 6. Boat and marine equipment storage. A. The proposed use will displace an existing 7. Harbor and marine supplies and services, water-dependent use. chandleries, and ship supply such as fueling B. The proposed use will reduce existing and bunkering of vessels. commercial vessel berthing space. 8. Public, non-profit, or commercial marine C. The proposed use, structure or activities, transportation and excursion services, including but not limited to access, circulation, including captained charter services, sport parking, dumpsters, exterior storage or loading fishing, and water taxis. facilities, and other structures, will 9. Ship and off-shore support services, unreasonably interfere with the activities and including but not limited to tug boats, pilot operation of existing water-dependent uses or boats, and chandleries. significantly impede access to vessel berthing 10-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 689 WATERFRONT ZONES 10. Facilities for marine pollution control, oil b. No temporary event may continue for spill cleanup, and servicing of marine more than 14 days of continuous sanitation devices. operation. 11. Marinas located east of the eastern c. Any temporary event that anticipates boundary of the parcel of land owned by more than 5,000 people in attendance the City of Portland pursuant to a deed on any single day mustshall provide from the State of Maine dated February and be subject to a parking 1982 and recorded in the Cumberland management plan. The parking County Registry of Deeds at Book 4916, management plan mustshall be Page 26. submitted for the review and approval 12. Marine office, including but not limited to of the public works authority at least offices of owners of marinas, wharves or 60 days prior to the first day of the their agents, and naval architects, and event. seafood brokers. 3. Festivals subject to City license. C. Commercial 4. Street vendors licensed pursuant to 1. Professional, business, government, and Chapter 19 of the City of Portland Code of general office located in upper floors of Ordinances. structures existing as of September 18, D. Public 2006. 1. Fire, police, and emergency services. *Editor’s Note - On-site parking for non-marine 2. Governmental agency emergency commercial uses are permitted as conditional operations/crisis centers. uses subject to the provisions of Subsection 3. Research, military, and visiting attraction 10.2.4. vessel berthing. 2. Temporary events, except festivals as 4. Landscaped pedestrian parks, plazas, and otherwise governed under paragraph (3) other similar outdoor pedestrian spaces, listed below. Buildings, piers and lands including without limitation pedestrian within the EWPZ may be used for and/or bicycle trails. temporary public and private events E. Other including but not limited to exhibitions, 1. A facility for non-profit organizations conferences, meetings, and trade shows whose facility may include offices, under the following conditions: classrooms, equipment, equipment rentals, a. Temporary events occupying more storage, and bathrooms for the public. than 10,000 square feet of building or outdoor space shall not exceed a 10.2.4 Conditional uses combined total of 60 days between A. The following uses identified in Section May 1st to October 31st. 10.2.4(C) below shall be permittedallowed as conditional uses in the Eastern Waterfront Port Zone, provided that, notwithstandingsubject to FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-3 Page 690 WATERFRONT ZONES the standards of Section 6.5 of this Code, with a. Marine products, wholesaling, and the following exceptions: retailing. 1. Notwithstanding Subsection 6.5.1, or any b. Ice-making services. other provision of this code, the Planning c. Marine freight facilities providing Board shall be substituted for the Board of service for, and/or intermodal transfer Appeals as the review authority, and of, container and breakbulk freight. provided further that in. d. Marine educational facilities. A.2. In addition to the provisions of Subsection e. Seafood retailing, wholesaling, 6.5.2, such uses willshall not impede or packaging, and shipping. preclude existing or potential water- f. Seafood processing for human dependent development within the zone, consumption, subject to the willshall allow for adequate right-of-way performance standards applicable to access to the water, areshall be compatible the I-L zone as listed in Section 6.8. with marine uses, and shall meet all g. Commercial marinas serving additional standards set forth below. commercial and recreation boats G.B. Conditional use standards located west of the eastern boundary 1. Marine compatibility. The proposed use of the parcel of land owned by the shall be compatible with existing and City of Portland pursuant to a deed potential marine uses in the vicinity, as from the State of Maine dated required by Subsection 10.2.8(M) and (N). February 1982 and recorded in the 2. Parking and traffic circulation. All Cumberland County Registry of Deeds applications for conditional use in the at Book 4916, Page 26, provided that EWPZ shall submit a parking and such facilities are located in areas that circulation plan for review and approval by do not conflict with the navigation and the Planning Board. The parking and handling of deepwater-dependent circulation plan shall show the location of vessels accessing existing or potential all existing and proposed structures, travel deepwater berthing. ways, and parking under the common h. Fish byproducts processing, provided ownership and/or control of the subject that: pier or property. The plan shall i. Any fish byproducts processing demonstrate that the parking and facility has a valid rendering circulation of the conditional use does not facility license under Chapter 12 interfere with the functional marine utility of the Portland City Code of of the property and otherwise meets the Ordinances. standards and conditions of the EWPZ. ii. Any fish byproducts facility shall H.C. Conditional uses employ current and appropriate 1. Marine odor control technology to eliminate or minimize detectable 10-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 691 WATERFRONT ZONES odors from such a process, and in contradictory performance standards no case shall odors exceed the exist, the more restrictive standard applies. odor limitation performance a. Non-marine-related warehousing in standards of the IM zone in structures existing as of September 18, Subsection 6.8.107. 2006. iii. The processing other material b. Facilities for combined marine and wastes or byproducts shall not be general construction. deemed a lawful accessory use c. Low impact industrialIndustrial uses as permitted herein. permitted in the IL zone in structures 2. Commercial existing as of September 18, 2006, a. Structured parking available to the excluding all auto repair service general public. facilities. b. Professional, business, government 4. Public and general offices uses in upper a. Utility substations. Public utility floors of structures constructed after substations, including but not limited September 18, 2006. to electrical transformers, sewage and c. Passenger support services supporting stormwater pumps, and a marine passenger use listed under telecommunication switching stations, Subsection 10.2.3(A). The total are permitted under the following ground floor area occupied by any conditions: combination of the following uses i. The facility is located more than (regardless of ownership) shall not 100 feet from the water’s edge. exceed 35% of the gross floor area of ii. The facility occupies no more the principal associated marine than 50 square feet of structure passenger use and no more than above ground. 35,000 square feet cumulative within iii. The facility provides no dedicated the EWPZ: on-site parking and all subsurface i. Retail. elements of the facility are ii. Restaurants/food service other installed and operated such that than street vendors. land occupied by the facility is iii. Retail service. otherwise useable and made iv. Passenger information services. available for marine-related uses, 3. Industrial. The following industrial uses are including but not limited to permitted provided that such uses shall parking, travel ways, and/or conform to the IM zone performance storage. standards set forth in Section 6.8 in iv. The facility shall be sized, sited addition to the performance standards of and screened to minimize visual Subsection 10.2.8. Where redundant or FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-5 Page 692 WATERFRONT ZONES impact and prominence from special provisions, standards, or requirements public ways. specified below: b. Maritime museums, limited to 5,000 1. Wind energy systems. square feet of ground floor footprint. 2. Solar energy systems. 5. *Editor’s Note - Parking for non-marine uses. On-site parking for non-marine 10.2.5 Prohibited uses commercial and industrial uses are Uses, whether floating or fixed to land, whichthat permittedis allowed as a conditional are not enumerated in Subsections 10.2.3 or 10.2.4 usesuse subject to the following provisions. as permitted or conditional uses are prohibited. : Those uses that are specifically prohibited shall 5.a. Parking for non-marine uses. include, without limitation: Notwithstanding Subsection A. Residential uses. 19.1.6Article 18 and Article 1413 of this B. Amusement/theme parks. Land Use Code, no parking shall be C. Bulk freight facilities. allowed in this zone for non-marine D. On-site gambling casinos not accessory to and uses unless the applicant can located aboard either a ferry or inter-port demonstrate that the number of cruise ship. parking spaces on-site exceeds the number of parking spaces needed to 10.2.6 Contract or conditional rezoning accommodate the demand for marine In addition to those marine and non-marine uses and water-dependent uses that are authorized in Subsections 10.2.3 and 10.2.4, an permitted by Subsections 10.2.3 and applicant may apply to locate a non-marine use not 10.2.4 which are or may be located on otherwise permitted, if the reviewing body finds the the subject property. (See editor’s applicant has met the standards of Subsection note below.) The remainder of 10.2.2, the performance standards of Subsection parking required, if any, for such non- 10.2.8, the applicable standards of marine uses shall be provided off-site. contract/conditional rezoning contained in Section b. *Editor’s Note - VacantFor the 5.3, and conforms to the following requirements: purposes of this section, vacant A. Standards for contract or conditional rezoning: ground floor space should be 1. All non-marine uses are eithershall be considered to have a parking demand those permitted or conditionally permitted similar to other space housing an in the B-5 zone, and are not specifically existing water-dependent use prohibited in Subsection 10.2.5 above. Any elsewhere on the subject property, or hotel, inn, or other similar transient lodging on a comparable property. establishment proposed mustshall be I.D. The following useuses shall be permitted only located landward of the spring tide line upon the issuance of a conditional use permit and westerly of the extension of the India subject to the provisions of Section 6.5, and any Street right-of-way. 10-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 693 WATERFRONT ZONES 2. The aggregate ground floor area of any uses, such as by producing less efficient development permitted hereunder located traffic, parking or circulation patterns. within 100 feet of the pier edge or working 6. The rezoning contains adequate provisions edge of the hardened shoreline shall be and/or conditions to ensure that on-site occupied by at least 50% of one or more water-dependent infrastructure remains marine uses set forth in Subsections 10.2.3 occupied by commercial marine use(s) and 10.2.4. Note: the listed in Subsections 10.2.3 and 10.2.4 and circulationCirculation areas and areas that said use is not abandoned after the occupied for accessory parking serving project is developed. marine uses shall not be used as the basis B. Notwithstanding Subsection 10.2.8(H) andthe for calculating the 50% provision off-street parking standards of Article 1413, all above.required 50%. on-site parking constructed or used for non- 3. The development is consistent with the marine uses allowed only by contract or Comprehensive Plan, and without the non- conditional rezoning shall be subject to the marine use component authorized conditional use provisions Subsection hereinproposed, the site could not 10.2.4(C)(5). Additionally, the total amount of otherwise support an economically viable parking shall be established by the City Council water-dependent use. in the conditional or contract rezoning 4. The project’s public benefits outweigh its agreement after consideration of the Planning potential negative impacts, provided that Board’s recommendation on the same. such public benefits include one or more of the following: protection of existing 10.2.7 Dimensional requirements. water-dependent uses, preservation of In addition to the generally applicable provisions of future water-dependent use development SectionArticle 7.5 of this Land Use Code, lots in the opportunities, contribution to the EWPZ shall be subject to the following development of and/or on-going requirements: maintenance of the marine infrastructure A. Minimum lot size: None for commercial vessels, and visual and B. Minimum frontage: None physical access to the waterfront for the C. Minimum yard dimensions: general public. 1. Front setback: None 5. The non-marine portion of the 2. Side setback: None development will not significantly restrict 3. Rear setback: None air or light for marine uses located in the 4. Setback from pier line: Notwithstanding immediate vicinity; will not create the above requirements, a minimum significant adverse local climatic effects on setback of 25 feet from the edge of any marine uses such as an undue increase of pier, wharf or working edge of the winds or shadowing; and will not adversely hardened shoreline shall be required for affect the efficient operation of marine any structure, provided that marine FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-7 Page 694 WATERFRONT ZONES offices, as defined in Section 10.2.3(B)(12), conclusive evidence that the proposed may be located up to five feet from the development will not create a hazard. edge of any pier, wharf, or working edge of the hardened shoreline. The setback area 10.2.8 Performance standards may be utilized for water-dependent uses, Development in the Eastern Waterfront Port Zone and public uses and activities, subject to shall comply with the following standards: the provisions of Subsections 10.2.2 and A. Outdoor storage of materials. Outdoor 10.2.4, and shall not be utilized for storage of commodities and materials restaurant, drinking, or other non water- accessory to normal conduct of business shall dependent uses, or for off-street parking. be entirely contained, including runoff The edge of any pier, wharf or bulkhead contaminants and residual material, within a shall include any attached apron(s). designated area. D. Maximum impervious surface: 100% B. Noise E. Maximum building height: 45 feet, except as 1. The level of sound, measured by a sound follows: level meter with frequency weighting 1. For purposes of this subsection only, network (manufactured according to moveable elements such as cranes and standards prescribed by the American gantries, connection devices such as National Standards Institute, Inc.), conveyors or bridges, and floating vessels inherently and recurrently generated shall not be subject to the space and bulk within the EWPZ between the hours of requirements, but shall be subject to a 7:00 p.m. and 7:00 a.m. from facilities or determination by the Federal Aviation operations commenced on or after July 1, Administration that the location of such 1988, shall not exceed 55 decibels on the A equipment will not create a hazard to air scale at or within the boundaries of any traffic. residential zone, except for sound from 2. Rooftop appurtenances may exceed the construction activities, sound from traffic maximum height limitslimit of 45 feet on public streets, sound from temporary providing that their design and placement activities such as festivals, sound created is either fully screened or integrated into as a result of, or relating to, an emergency, the architecture of the structure on which including sound from emergency warning they sit. signal devices, and maritime navigation 3. The applicant mustshall provide a signals. determination from the Federal Aviation 2. In measuring sound levels under this Administration that structures and subsection, sounds with a continuous equipment in excess of 45 feet will not duration of less than 60 seconds shall be exceed the applicable height guidelines for measured by the maximum reading on a the runway approach and will not create a sound level meter set to the A weighted scale and the fast meter response (L 10-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 695 WATERFRONT ZONES maxfast). Sounds with a continuous unless permitted by the Maine Department of duration of 60 seconds or more shall be Environmental Protection under a waste measured on the basis of the energy discharge license and as approved by the average sound level over a period of 60 Department of Public Works in accordance seconds (LEQ1). with Chapter 24, Article III of the City of 3. In addition to the sound level standards Portland Code of Ordinances. All private otherwise established, facilities or sewage disposal or private wastewater operations established or built in the treatment facilities shall comply with the EWPZ on or after July 1, 1988, shall employ provisions of Chapter 24, Article II of the City of best practicable sound abatement Portland Code of Ordinances and federal and techniques to prevent tonal sounds and state environmental statutes and regulations impulse sounds or, if such tonal and regarding wastewater discharges. impulse sounds cannot be prevented, to F. Storage of vehicles. Storage of any minimize the impact of such sounds in unregistered automotive vehicle on the residential zones. Tonal sound is defined premises for more than 10 days shall not be as a sound wave usually perceived as a permitted. hum or which because its instantaneous G. Landfill of docking and berthing areas. sound pressure varies essentially as a Landfill of docking and berthing areas shall be simple sinusoidal function of time. Impulse governed by 38 M.R.S. § 471-478, and permitted sounds are defined as sound events only if the landfill does not reduce the amount characterized by brief excursions of sound of linear berthing areas or space, or berthing pressure, each with a duration of less than capacity. If approved, construction shall be one second. undertaken using methods approved by the C. Vibration. Vibration inherently and recurrently Department of Public Works and shall be generated shall be imperceptible without accomplished in a manner so as to ensure that instruments at lot boundaries. This shall not a stable and impermeable wall of acceptable apply to vibration resulting from activities materials will completely contain the fill aboard a vessel or from railroad vehicle material and will not permit any fill material to activities, or from activities on a pile-supported leach into docking areas or navigable waters. pier. H. Off-street parking and loading. Off-street D. Federal and state environmental parking and loading is subject to provisions as regulations. All uses shall comply with federal provided in shall be exempt from the standards and state environmental statutes and of Article 1918. regulations regarding emissions into the air, I. Shoreland and Flood PlainFloodplain except where provisions of this code are more Management regulations. Any lot or a stringent. portion of a lot located in a Shoreland Overlay E. Discharges into harbor areas. No discharge Zone as identified on the City zoning map or in into harbor water areas shall be permitted, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-9 Page 696 WATERFRONT ZONES a flood hazard area shall be subject to the 10.3 WATERFRONT CENTRAL ZONE (WCZ) requirements of Articles 11 and 12. 10.3.1 Purpose J. Lighting. All lighting on the site shall be A. The Waterfront Central Zone was created to shielded such that direct light sources shall not protect and nurturesupport water-dependent interfere with vessels transiting the harbor, nor and marine-related support uses so that they have an unreasonable adverse impact on may grow and prosper in the to ensure their adjacent residential zones, and shall be present and into the future in an environment compliant with the site lighting standards of the and area dedicated to this purpose.viability as City of Portland Technical Manual. key features of Portland’s waterfront. The K. Signs. Signs shall be permitted as set forth in Waterfront Central Zone recognizes the Article 2019. following priorityhierarchy of uses is L. Storage of pollutants and oily wastes. On- recognized: premises storage of pollutants and oily wastes 1. The first priority of this zone is to protect shall not be permitted for more than 45 days. and nurturesupport existing and potential M. Compatibility of non-marine uses with water-dependent uses in a setting that marine uses. Non-marine uses, structures, and enforcesensures their continued economic activities, including but not limited to access, viability. circulation, parking, dumpsters, exterior 2. The second priority is to encourage other storage, and loading facilities or other marine and marine-related support uses so structures shall neither unreasonably interfere long asprovided they do not interfere with with the existence or operation of marine uses water-dependent uses, either directly by nor significantly impede access to vessel displacement or indirectly by placing berthing or other access to the water by incompatible demands on the zone’s existing or potential marine uses. infrastructure. N. Functional utility of piers and access to the 3. Non-marine uses are encouraged provided water’s edge. All development, whether for that they do not interfere with and are not marine or non-marine uses, mustshall incompatible with first and second priority anticipate current and future needs of water- uses. Non-marine uses are beneficial to the dependent uses to functionally access the waterfront economy because they provide water’s edge for the transfer of goods, the financial return to property owners materials, and passengers between berthed necessary for the maintenance and vessels and land bound vehicles. Provisions for improvement of the marine infrastructure. the storage and movement of goods, materials, B. Water-dependent and marine-related support and passengers mustshall be designed into all uses by their nature have include unique waterside development and internal circulation activities and operational needs that are unique routes mustshall be maintained or otherwise to this area and are not shared by other provided as an element of any development. commercial and industrial uses in the city. TheseThe first and second priority uses and 10-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 697 WATERFRONT ZONES related activitiesestablished in the WCZ may Waterfront Central Zone providing access from/to result in noise, odor, dust, hours of operation, the public street network. parking, and traffic patterns, and traffic control needs that are necessary for the convenient Lot. Any abutting property under common and successful conduct of such uses. Other ownership. uses may not be compatible with these types of effects. Other specified uses are permitted in 10.3.2 Commercial Street Overlay Zone the Waterfront Central Zone, provided that (CSOZ).Subdistrict they do not significantly interfere with the A. Purpose. The Commercial Street Overlay Zone activities and operation of water-dependent (CSOZSubdistrict (CSSD) is a portion of the and marine-related support uses. Such uses Waterfront Central Zone, as described below, mustshall be, and are assumed to be, aware of where new and existing development may be the impacts associated with marine uses and occupied with 100% non-marine use therefore mustshall accept and be tolerant of tenantsuses, as listed underwithin Subsection them. Other specified uses in the zone shall 10.3.3(B), subject to the standards and use accommodate to those patterns andthe needs limitations provided in Subsection 10.3.7(B). ). of the higher priority uses so long as B. Geographic limits. The geographic limits of thoseestablished in this section, provided such the CSOZCSSD are defined by parcels of land higher priority uses are not detrimental to and piers within the Waterfront Central Zone public health and safety, and the higher priority located on the landward side of a line activities are conducted in accordance with established 125 feet south of the southerly sound practices orbest practices customary in sideline of Commercial Street and modified as the trade. follows: the C. Commercial Street is recognized as an 1. The seaward limit of the CSOZCSSD important economic center for the city and extends to a line 300 feet south of the region. Marine-compatible uses are southerly sideline of Commercial Street in encouraged to locate and grow along the area between the easterly and westerly Commercial Street, while higher priority water- sideline of Long Wharf. Additionally, all dependent and marine uses are protected on areas subject to this provision are set back the waterfront. landward at least 25 feet from the average high tide line of Portland Harbor and 10.3.2 Definitions associated coastal wetlands. For the purposes of the Waterfront Central Zone 2. Where the 125 foot offset intersects with only, the following terms shall have the following the footprint of a building existing as of definitions: May 2019 and such intersection leaves 75% Common circulation drives. Private driveways, or more of the building within the roadways and circulation areas accessible to all on- CSOZCSSD, the entire building shall be site tenants and/or occupants of a lot within the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-11 Page 698 WATERFRONT ZONES considered included in the CSOZCSSD. All captained charter services, sport fishing, offset distances are measured horizontally. and water taxis. C. Demonstration of location. All applicants for 8. Cargo handling facilities, including docking, development within the CSOZCSSD are loading, and related storage. responsible for demonstrating their location 9. Boat repair yards. within CSOZthe CSSD according to the 10. Boat storage facilities, excluding rack findings of a site specific land survey conducted storage facilities (Boat rack storage by a professional land surveyor licensed by the facilities are included as a conditional use ). State of Maine. The limits of the CSOZCSSD 11. Seafood processing and retailing. shall be shown on all site plans and subdivision 12. Seafood packing and packaging. plats for proposed development within the 13. Seafood loading and seafood distribution. CSOZ. CSSD. 14. Fabrication, storage, and repair of fishing equipment. On-site. That portion of any lot included within or 15. Ice-making services. directly impacted by a proposed development. 16. Facilities for marine construction and salvage. 10.3.3 Permitted uses 17. Facilities for marine pollution control, oil Subject to a determination that the proposed use spill cleanup, and servicing of marine meets the standards of Subsection 10.3.7, as sanitation devices. applicable, theThe following uses listed under 18. Fabrication of marine-related goods. Subsection 10.3.3(A), (B), (C), and (D) are 19. Fishing and commercial vessel berthing. permitted anywhere inwithin the Waterfront 20. Non-commercial berthing of a maximum Central Zone. Uses listed under Subsection 10.3.3(E) of 50 linear feet per pier. A non- are only permitted in the CSOZ. commercial berth may not displace a A. Marine commercial berth. Parking for any non- 1. Marine products wholesaling, distribution commercial berthing is subject to the and retailing. provisions of Subsection 10.3.9(G). 2. Marine repair services and machine shops. 21. Marine office, including but not limited to 3. Tugboat, fireboat, pilot boat and similar offices of owners of wharves or their services. agents, and naval architects, and seafood 4. Harbor and marine supplies and services, brokers. chandleries, and ship supply such as fueling 22. Public landings. and bunkering of vessels. 23. Marine research, education, and laboratory 5. Marine industrial welding and fabricating. facilities. 6. Shipbuilding and facilities for construction, 24. Bait sales and processing. maintenance, and repair of vessels. 25. Harbor security and emergency response 7. Commercial marine transport and services including but not limited to excursion services, including ferries, 10-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 699 WATERFRONT ZONES Harbor Master, Marine Patrol and Coast area of the building, or 25% of the total Guard. floor area of the building, whichever is less, 26. Commercial parking for water-dependent and each individual accessory use does not use business owners and employees. exceed 1,000 square feet in total floor area of the building; and further provided that B. Non-marine commercial and industrial uses. such accessory uses provide goods or Non-marine uses permitted by this subsection services that are supportive of the are subject to the standards listed in principal use and its clientele. Exterior Subsection 10.3.7. accessory uses shall be otherwise subject 1. Professional, business, government, and to the provision of Subsection 10.3.7(A).the general offices, except for offices for following principal uses: health care practitioners or health clinics a. Interior meeting or classroom space which are only permitted in the accessory to uses permitted in CSOZCSSD. Subsection 10.3.3(A)(23) may be 2. Cabinet and carpentry shops, studios for rented out for meeting use by Marine artists and crafts people. products wholesaling, distribution and 3. Intermodal transportation facilities. retailing. 4. Cold storage facilities. b. Commercial marine-related or non- 5. Commercial kitchens. marine-related groups or 6. Outside accessory activities. organizations, or the general public, C. Public and such transport and excursion 1. Landscaped pedestrian parks, plazas, and services, including ferries, captained other similar outdoor pedestrian spaces, charter services, sport fishing, and including without limitation pedestrian water taxis. and/or bicycle trails. c. Seafood processing and retailing. d. Public landings. D. Other 2. Individual accessory uses shall not be 1. Interior accessoryAccessory uses subject to the limitations contained in (B) customarily incidental and subordinate to above, but shall only be permitted as the location, function, and operation of accessory uses if the total of all support permitted uses. Food, such as food service uses, including interior meeting or establishments, newsstands, and other classroom space, does not exceed 3exceed similar retail and service support uses shall 1,000 square feet in total floor area per only be permitted as accessory uses if they building, or 15%, and all accessory uses are part of and located within the lot lines shall not exceed 2,000 square feet in area, of a use set forth in Subsections or 25% of the total area of the total floor 10.3.3(A)(1), (7), (11) or (22); such uses do area per buildingprincipal use, whichever is not exceed 2,000 square feet in total floor less. Such accessory uses shall provide FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-13 Page 700 WATERFRONT ZONES goods or services that are supportive of a. Any fish by-products processing the principal use and its clientele. facility has a valid rendering facility E. Uses permitted only within the Commercial license under Chapter 12 of the City of Street Overlay Zone (CSOZ). Uses permitted Portland Code of Ordinances. by this subsection are subject to the standards b. Any existing fish by-products facility listed in Subsection 10.3.7(B). Subdistrict shall employ current and appropriate 1. Retail and service establishments, including odor control technology (and any new craft and specialty shops. fish by-product use shall employ 2. Restaurants, provided that full course meal current, available odor control food service and consumption shall be the technology) to eliminate or minimize primary function of the restaurant, and full detectable odors from such a process, course meal service shall be continued up and in no case shall odors exceed the until the hours of closing. odor limitation performance 3. Banking services without drive-up standards of the I-M zoneSection 6.8.7. servicesfacilities. c. The processing of other material 4. Museums and art galleries. wastes or by-products shall not be 5. Street vendors licensed pursuant to deemed a lawful accessory use under Chapter 19. any other provision of this article. 6. Offices of health care practitioners or 2. Boat rack storage facilities, provided that: health care clinics. a. Parking shall be provided for 100% of 7. Personal service establishments. the demand generated by the use (nothwithstanding Subsection 10.3.4 Conditional useuses 10.3.9(G), and such parking shall be The uses listed hereinidentified in below shall be provided off-site, in another zone permittedallowed as conditional uses in the permitting such use. Waterfront Central Zone, provided that, a. No parking for the use is provided on- notwithstanding Sectionsubject to the standards site. below, as well as applicable standards within Article b. Boat rack structures shall not exceed 6.5, or of this Code. Notwithstanding any other 10,000 square feet of building provision of this codeCode, the Planning Board shall footprint. be substituted for the Board of Appeals as the B. Utility substations. Public utility substations, review authority, and further provided that in including but not limited to electrical addition to the provisions of Subsection 6.5.2, they transformers, sewage, and stormwater pumps, shall also meet the applicable Waterfront Central and telecommunication switching stations, are Zone development standards in Subsection 10.3.7:. permitted under the following conditions: A. Commercial marine conditional uses 1. The facility is located more than 100 feet 1. Fish by-products processing, provided that: from the water’s edge. 10-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 701 WATERFRONT ZONES 2. The facility occupies no more than 50 H. Laundry and dry-cleaning services. square feet of structure above ground. I. Convenience stores with gas pumps. 3. The facility provides no dedicated on-site J. Commercial parking for non-marine uses. parking and all subsurface elements of the facility are installed and operated such that 10.3.6 Dimensional requirements land occupied by the facility is otherwise In addition to the generally applicable provisions of usable and made available for marine uses, SectionArticle 7.5 of this Land Use Code, lots in the including but not limited to parking, travel Waterfront Central Zone shall be subject to the ways, and/or storage. following requirements: 4. The facility shall be sized, sited and A. Minimum lot size: None screened to minimize visual impact and B. Minimum frontage along Commercial prominence from public ways. Street: 75 feet C. Wind energy systems. C.B. Minimum, with a minimum lot width within the . CSOZ:of 50 feet, measured parallel with 10.3.5 Prohibited uses Commercial Street and such lot width shall be Uses which are not enumerated in either continuous, for the full depth of the lot located Subsections 10.3.3 or 10.3.4 as permitted or within the CSOZ. conditional uses are prohibited. Uses enumerated in D.C. Minimum yard dimensions: Subsection 10.3.3(E) shall be considered prohibited 1. Front setback: None uses outside of the CSOZ.Commercial Street 2. Side setback: None Subdistrict. Those uses that are prohibited shall 3. Rear setback: None include, without limitation: 4. Setback from pier edge: Notwithstanding A. Residential uses. the above requirements, a minimum first- B. Hotels, motels, hostels, bed and breakfasts, floor setback of 10 feet from the edge of inns, lodging houses, tourist homes, short-term any pier, wharf, or bulkhead shall be rentals, or boatels. required for any structure, exclusive of C. Auditoriums, civic centers, convention centers, structurally necessary posts supporting or other meeting facilities not accessory to an upper floors, and deck-mounted otherwise permitted use. equipment for loading and unloading D. Drinking establishments, private clubs, or non- vessels. The edge of any pier, wharf, or profit social and recreational clubs. bulkhead shall include any attached E. Ground mounted telecommunication towers, apron(s). Floats, rafts, and/or barges not antennas, and/or disks. structurally integral to the pier, wharf, or F. Drive-up services for any use other than a bulkhead may not be used to satisfy this permitted use listed under Subsections requirement. Parking for non-marine uses 10.3.3(A) or 10.3.4(A)(1).marine use, not shall not occupy the 10-foot setback. including boat rack storage facilities. E.D. Maximum lot coverage: 100% G. Auto service stations. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-15 Page 702 WATERFRONT ZONES F.E. Maximum building height: 50 feet. Except as 1. 55% marine use required on ground floors. provided in (H) below, a structure in the At least 55% of the leasable ground floor Waterfront Central Zone shall provide no more area of all buildings on a lot (defined in than three habitable floors, however, typical Subsection 10.3.2 above), shall be occupied rooftop. Rooftop appurtenances and/or by marine uses, as listed under Subsection enclosed or open mechanical installations shall 10.3.3(A) or 10.3.4(A)(1).. be allowed over the third floor. 2. 55% marine use required for all open areas. G.F. Minimum ground floor clearance: Any new After subtracting areas used for common building proposed to be larger than 300 square circulation drives (defined in Subsection feet and located more than 35 feet from the 10.3.2 above),, at least 55% of unbuiltthe southerly sideline of Commercial Street shall remaining area (meaning areaof the lot not provide no less than 15 feet of first floor to occupied by a building) on the lot, when ceiling vertical clearance to promote marine calculated using the aggregate of all such industrial use potential. New buildings less than unbuilt areas, shall be occupied by marine 300 square feet or additions to existing uses as listed under Subsection 10.3.3(A) or multistory buildings are exempt from this 10.3.4(A)1., not including boat rack storage provision but shall provide the maximum facilities. ground floor clearance practicable. 3. Ground floor vacancies and change of H.G. New nonNon-marine use building occupancy offered to water- exception for usablehabitable floors and dependent/marine uses. Ground floor minimum ground floor clearance: vacant space and areas proposed for a Notwithstanding provisions (F) and (G) above, change of occupant outside of the for newFor newly constructed non-marine use CSOZCSSD shall not be filled with any non- buildings permitted within the marine use without adequate opportunity CSOZCommercial Street Subdistrict, four for marine uses to occupy the space. usablehabitable floors are allowed, and ground a. Ground floor vacancy and change of floor clearance minimums doshall not apply. occupant outside of the CSOZ advertised to marine users: InOn any 10.3.7 Development standards lot or portion of a lot outside of the A. Standards for non-marine uses located CSOZCSSD, each time a ground floor outside of the CSOZ. Commercial Street occupant departs or gives notice to Subdistrict. Non-marine uses listed above in depart from the lot, the space, along Subsection 10.3.3(B) and 10.3.4(B) that are with any associated parking spaces to located outside of the CSOZCSSD shall be be vacated, mustshall be made subject to the performance standards listed in available to new marine occupants. Subsection 10.3.9 as well as the following Prior to renting to a non-marine user standards:: the property owner shall advertise for a new marine occupant for not less 10-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 703 WATERFRONT ZONES than a 180-day period in targeted of area occupied and whether the media and by other means reasonably occupant is a marine use as defined calculated to reach marine users (e.g. herein. For vacant space, the last local marine trade publications, previous occupant shall be listed, marine trade websites, waterfront along with the date of departure. bulletins.) Should one or more marine c. Prior to changes of occupancy and/or users apply, the property owner shall as part of applications for new make the space available to a marine development outside of the occupant, in accordance with terms CSOZCSSD, the property owner or and rates generally consistent with applicant shall provide proof of comparable space in the 55% marine compliance with the requirements of use portion of the zone (outside of this section as a condition of approval. the CSOZ.) CSSD.) The property 4. Pier or bulkhead edge reserved for marine owner may stop advertising sooner uses. Notwithstanding any provision of than the end of the 180-day period if a this ordinance to the contrary, excepting lease is signed with a marine user. only the portion of any pier which might Should no marine user apply by the be used for non-commercial berthing end of the 180-day period, the owner pursuant to Subsection 10.3.3(A)(20),, all may fill the space with a non-marine berthing and/or dockage space and user provided that the new non- associated floats plus the entire linear edge marine occupant will not cause the lot of that portion of every pier or bulkhead to exceed the non-marine use which is adjacent to greater than zero feet occupancy maximum of 45% of the of water depth at mean low water, to a ground floor area or open area. minimum setback line of at least 10 feet b. Uses inventoried: To demonstrate from the edge of the pier, bulkhead, or adherence to the 55% marine use engineered shoreline may only be used or requirement, the applicant shall occupied by one or more marine uses as submit to the Planning Authority, defined in Subsection 10.3.3(A) or upon request, an inventory which lists 10.3.4(A). . Said edge shall be the seaward each occupant (tenant or otherwise), extent of any engineered shoreline or as well as a map which depicts the working deck of any pier or wharf. location of each occupant. The map B. CSOZCommercial Street Subdistrict shall show all ground level space, standards. Non-marine uses listed under including buildings, parking, open Subsections 10.3.3(B), 10.3.3(E) and 10.3.4 areas and submerged lands associated located within in the CSOZ, as defined in with the subject lot. For each Subsection 10.3.2,CSSD shall be subject to the occupant, the property owner performance standards listed in Subsection mustshall indicate the square footage 10.3.9 as well as the following standards: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-17 Page 704 WATERFRONT ZONES 1. Vessel access. Non-marine uses allowed project costs exceed $250,000. The value under this provision shall not disrupt or of the investment shall be not less than 5% block access to vessel berthing and shall of total project costs over $250,000 for otherwise adhere to the performance constructing non-marine space and standards of this zone described in associated site improvements in the CSOZ. Subsection 10.3.9. CSSD. Required investment may occur by 2. Maximum setback for new development on one or both of the following methods: lots with 75 or more feet of Commercial a. Direct investment in marine Street frontage. Any new non-marine infrastructure located on the same lot: development constructed subject to this Investment shall be for the benefit of provision which is located on a lot with 75 marine uses listed in Subsection or more feet of frontage along the 10.3.3(A) within the same lot as the Commercial Street right-of-way shall be proposed non-marine development. located with its front façade no further Investment may include dredging, pile than 35 from the southerly sideline of the replacement, new or replaced Commercial Street right-of-way. structural decking (but not pavement Furthermore, any such development shall resurfacing), new or replaced orient its front façade and its primary fendering systems, new or replaced pedestrian entrance toward Commercial floats, pier expansions, permanent Street and no vehicular circulation or conversions of recreational berthing parking may occupy the land or pier area to commercial berthing, bulkhead or between the front façade of the building seawall repair or improvements, or and Commercial Street. Non-marine any combination of similar development subject to this provision on improvements. Plans for the marine lots with fewer than 75 feet of frontage infrastructure investment shall be along the Commercial Street right-of-way, submitted to the Planning Authority changes of use within existing buildings, with the application for site plan and/or building additions of less than 5,000 review or change of use permit and square feet of new development to shall include details and a existing buildings are exempt from the commitment as to how the marine maximum setback provisions established infrastructure will be utilized by herein. marine users. The marine 3. Investment in marine infrastructure. All infrastructure improvements shall be applicants for site plan review or a change completed prior to the issuance of a of use permit for non-marine development certificate of occupancy for the non- in the CSOZCSSD are required to invest in marine development project. marine infrastructure as a condition of b. Financial contribution: If direct development, provided that the total investment in marine infrastructure is 10-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 705 WATERFRONT ZONES not made, the developer shall make a financial contribution to the City’s B. Noise. The level of sound, measured by a Waterfront Loan and Investment sound level meter with frequency weighting Fund. network (manufactured according to standards prescribed by the American National Standards 10.3.8 No contract or conditional rezoning Institute, Inc.), inherently and recurrently permitted generated within the Waterfront Central Zone C. This section is intended to accomplish goals shall not exceed 75 decibels on the A scale at from Portland’s Plan 2030. Specifically, these the boundaries of any lot, except for sound changes will: from construction activities, sound from traffic 1. Prioritize and promote Portland’s unique on public streets, sound from temporary mix of water-dependent, marine-related activities such as festivals, and sound created as and compatible non-marine uses. a result of, or relating to, an emergency, 2. Recognize and reinforce the respective including sound from emergency warning signal roles of the Eastern, Central, and Western devices. In measuring sound levels under this Waterfronts. subsection, sounds with a continuous duration 3. Celebrate, promote, and protect Portland’s of less than 60 seconds shall be measured by lobster and fishing industry as a foundation the maximum reading on a sound level meter of the region’s economy and a feature of set to the A weighted scale and the fast meter civic pride. response (L maxfast). Sounds with a B.A. In light of these goals and the significance of continuous duration of 60 seconds or more the Central Waterfront to the City’s future, shall be measured on the basis of the energy noNo contract or conditional rezoning average sound level over a period of 60 applications may be approved in the seconds (LEQ1). Waterfront Central Zone. C. Entertainment businesses. Businesses with entertainment licenses shall be subject to the 10.3.9 Performance standards standards of Subsection 6.8.14. All uses in the Waterfront Central Zone shall comply C.D. Vibration. Vibration inherently and recurrently with the following standards: generated shall be imperceptible without A. Outdoor storage of materials. Outdoor instruments at lot boundaries. This shall not storage of commodities and materials apply to vibration resulting from activities accessory to normal conduct of business, aboard a vessel or from railroad vehicle except pilings and/or cranes, shall be permitted activities, or from activities on a pile supported to a maximum height of 45 feet, and such pier. materials shall be entirely contained, including D.E. Discharges into harbor areas. No discharge runoff contaminants and residual material, into harbor water areas shall be permitted, within a designated area within the lot unless permitted by the Maine Department of boundaries. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-19 Page 706 WATERFRONT ZONES Environmental Protection under a waste hazard area shall be subject to the discharge license and as approved by the requirements of Articles 11 and 12. Department of Public Works in accordance H.J. Lighting. All lighting on the site shall be with Chapter 24, Article III of the City of shielded such that direct light sources shall not Portland Code of Ordinances. All private unreasonably interfere with vessels transiting sewage disposal or private wastewater the harbor nor have an unreasonable adverse treatment facilities shall comply with the impact on adjacent residential zones. provisions of Chapter 24, Article II of the City of I.K. Storage of pollutants and oily wastes. Portland Code of Ordinances and federal and On-premises storage of pollutants and oily state environmental statutes and regulations wastes shall not be permitted for more than 45 regarding wastewater discharges. days. E.F. Storage of vehicles. Storage of any J.L. Urban design. Construction of new structures unregistered automotive vehicle on the located within 35 feet of the southerly edge of premises for more than 60 days shall not be Commercial Street between Maine Wharf and permitted. the easterly property line of the City fish pier F.G. Landfill of docking and berthing areas. shall conform to the guidelines set forth in the Landfill of docking and berthing areas shall be Downtown UrbanCity of Portland Design governed by 38 M.R.S. § 480-A through 480- GuidelinesManual, unless such structures are HH, and permitted only if the landfill does not also located within 100 feet of the water. Such reduce the amount of linear berthing areas or structures that are also located within 100 feet space, or berthing capacity. If approved, of the water shall conform to the extent construction shall be undertaken using practicable to the Downtown UrbanCity of methods approved by the Department of Portland Design GuidelinesManual. Public Works and shall be accomplished in a K.M. Pier and wharf expansions. In addition manner so as to ensure that a stable and to meeting Harbor Commission and Coast impermeable wall of acceptable materials will Guard requirements for navigation, any completely contain the fill material and will not expansion or extension of a pier and or wharf in permit any fill material to leach into docking the Waterfront Central Zone shall demonstrate areas or navigable waters. its compatibility with fixed route ferry service G.H. Off-street parking and loading. No and emergency vessel operations. offOff-street parking orand loading shall be L.N. Public view protection required underexempt from the standards of 1. Any new development in the Waterfront Article 1918. Central Zone shall perform a public view I. Shoreland and Floodplain Management impact analysis for review and approval by regulations. Any lot or a portion of a lot the Planning Board or Planning Authority located in a Shoreland Overlay Zone as as a condition of site plan approval. The identified on the City zoning map or in a flood analysis shall: 10-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 707 WATERFRONT ZONES a. Demonstrate the project’s adherence functional accommodation for water- to the Portland View Corridor dependent uses. In accordance with Protection Plan (within the City of Portland’s Plan 2030, theThe plan shall Portland Comprehensive Plan, demonstrate consistency with the 2002)Design Manual to the extent hierarchy of waterfront uses, as further practicable. detailed in Subsection 10.3.1, with non- b. Promote the public’s visual access to marine and marine-related uses being the water through sensitive building subordinate in placement and disposition placement. to water-dependent uses, and designed so 2. The Planning Board or Planning Authority as not to impede access to the pier edge shall find at a minimum that the proposed and vessel berthing nor interfere with development: marine operations. a. Retains street corridor views as 2. The plan shall, at a minimum, illustrate the extended across Commercial Street following information: from the Portland peninsula. a. Location of all existing and proposed b. Retains panoramic views of the water structures, rights-of-way, common from Commercial Street to the extent circulation drives as defined in practicable. Subsection 10.3.2, access-ways, c. Where loss of existing public views to sidewalks, pier edges, floats, and the water is shown to be necessary for docks, showing the entire lot in the the reasonable development of the context of its respective pier. site, the developer provides b. Existing and proposed off-street alternative public views to the water parking, labeled with associated uses. through newly established view c. Facilities for the loading and unloading corridors or publicly accessible of goods and materials. pedestrian ways. Such pedestrian ways d. Regularly occurring exterior activities shall not interfere with existing or including but not limited to the potential water-dependent uses, nor storage of material, equipment and shall they endanger the public through vehicles, yard area, outdoor seating, uncontrolled proximity to industrial and on-site waste management. activity. e. Signage showing parking use, M.O. Operations and access management wayfinding, and posted operational plan restrictions. 1. Any new development, including changes f. Plan narrative detailing how the of use or expansion of uses in the standards listed below are achieved, Waterfront Central Zone, shall submit a tenant/landlord communication scaled plan and accompanying narrative protocols, private enforcement that demonstrates waterfront access and actions to be employed to ensure plan FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-21 Page 708 WATERFRONT ZONES compliance, and the responsible documented in the operations and parties representing the property access management narrative owner. described above, and clearly signed 3. The operations and access management on-site. plan shall be reviewed by the Planning d. All properties providing commercial Authority. berthing shall demonstrate reasonable 4. In addition to the information above, the opportunities to load and unload plan shall demonstrate compliance with vessels from the subject lot. the following standards: e. Facilities for the loading and unloading a. Off-street parking is subject to the of goods shall account for the limitations described in Subsection frequency of use and vehicle type and, 10.3.7 (A)(“55% Rule”). Off-street to the extent possible, minimize parking spaces intended for use by impacts to pedestrian and vehicle water-dependent uses shall be sited as circulation patterns. close as reasonably possible to f. Provisions for the storage and associated vessels and/or ground-floor movement of goods and materials lease area. shall be designed into all pier edge b. Proposals for new non-marine development. Circulation routes parking, accessory to an otherwise mustshall be maintained or otherwise permitted use in the WCZ, shall provided as an element of all submit a parking analysis for all uses development. The siting, design, and on the subject lot, justifying the circulation of non-marine uses, number of non-marine spaces based particularly those allowed on first upon the proposed use and floors, shall accommodate reasonable demonstrating sufficient parking access for pedestrians, vehicles, and supply for marine uses. If sufficient freight transfer to and from berthed parking is not available to marine uses, vessels. off-street parking for non-marine uses g. Non-marine uses shall provide a shall not be permitted. dedicated pedestrian route between c. Off-street parking, loading facilities, the proposed use and Commercial and access ways designated for water- Street, and shall seek to minimize dependent uses shall be exclusive to conflict with vehicle traffic. such uses, except that, if not being occupied by water-dependent tenants, 10.4 WATERFRONT PORT DEVELOPMENT such parking may be made available to ZONE (WPDZ) non-marine uses between the hours 10.4.1 Purpose of 5:00 p.m. and 2:00 a.m. Any such Transport of goods by water to and from Portland shared parking arrangements shall be is an important component of both the local and 10-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 709 WATERFRONT ZONES regional economy. This commerce is dependent storage, or loading facilities, and other upon land with direct access to the dredged deep- structures, will unreasonably interfere with the water channel of the Fore River and Portland activities and operation of existing Harbor. Theeconomies. As such, the Port of water-dependent uses or significantly impede Portland is integral to the City’s economic, cultural access to vessel berthing or other access to the and fiscal health. This zone exists to ensure the water by water-dependent uses. continued viability of the Port of Portland. Uses in D. The siting of a proposed nonwater-dependent theThe Waterfront Port Development Zone, while use will substantially reduce or inhibit existing governed (WPDZ) aims to support the ongoing public access to marine or tidal waters. success of the Port by the similar performance standards as other industrial zones,regulating the 10.4.3 Permitted uses development of land directly connected to the Subject to a determination that the proposed use dredged deep-water channel of the Fore River and meets the standards of Subsection 10.4.2, the uses Portland Harbor. Activities within the WPDZ are in Table 10-A are permitted ( ) or conditional ( ) ⏺ ◐ primarily limited to those uses which are dependent in the Waterfront Port Development Zone. uponrequiring deep water access and which contributecontributing to port activityoperations. 10.4.4 Conditional use standards Non-marine activityactivities may be allowed to the Conditional uses shall be permitted in the extent it willpermitted if they do not have any Waterfront Port Development Zone, provided that, adverse impact onadversely affect marine uses. notwithstanding Section 6.5 or any other provision of this code, the Planning Board shall be substituted for the Board of Appeals as the review authority. In addition to the provisions of Section 6.5, such uses 10.4.2 No adverse impact on marine uses willshall: No use shall be permitted, approved or established A. Not impede or preclude existing or potential in this zonethe WPDZ if it will have an impermissible water-dependent development on other lots. adverse impact on future marine development. A B. Allow for adequate access to the water. proposed development willis deemed to have an C. Be compatible with water-dependent and impermissible adverse impact if it will result in any marine uses. one or more of the following: D. Operationally support one or more water- A. The proposed non water-dependent use will dependent use(s), or be located in a building or displace an existing water-dependent use. structure that is physically adaptable or B. The proposed use will reduce existing relocatable to make way for future commercial vessel berthing space. development of water-dependent uses. C. The proposed nonwater-dependent use, and E. Meet any additional performance and any associated structure,(s) or activities,site dimensional standards set forth below. elements including but not limited to access, circulation, parking, dumpsters, exterior FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-23 Page 710 WATERFRONT ZONES 10.4.5 Prohibited uses Uses which are not enumerated in Table 10-A as permitted or conditional uses are prohibited. Those uses that are prohibited shall include, without limitation: A. Residential uses. B. Hotels, or motels, or boatels. C. Auditoriums, civic centers, convention centers, or other meeting facilities. D. Restaurants and drinking establishmentsbars. E. Marinas, including marina associated boat storage facilities. F. Truck terminals. F. 10-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 711 WATERFRONT ZONES TABLE 10-A: WPDZ PERMITTED AND CONDITIONAL USES Marine repair services and machine shops ⏺ Tugboat, fireboat, pilot boat, and similar services ⏺ Harbor and marine supplies and services and ship supply, such as fueling and bunkering of vessels ⏺ Shipbuilding and facilities for construction, maintenance, and repair of vessels 1 ⏺/◐ Marine cargo handling facilities, including docking, loading and related storage 1 ⏺/◐ Boat repair yards 1 ⏺/◐ Facilities for marine construction and salvage 1 ⏺/◐ Facilities for marine pollution control, oil spill cleanup, and servicing of marine sanitation devices ⏺ Marine retail and wholesale sales, including yacht brokerage ◐ Boat storage facilities 1 ⏺/◐ Seafood processing ◐ Seafood packing and packaging ◐ Fabrication, storage, and repair of fishing equipment ◐ Ice-making services ◐ Fabrication of marine-related goods ◐ Fish by-products processing, provided that any fish by-product processing facility has a valid rendering facility license under Chapter 12 and the processing of other material wastes or by-products shall not be deemed a lawful ◐ accessory use under any other provision of this article. Marine Commercial berthing ⏺ Intermodal transportation facilities principally for vessels with regularly scheduled destination service or for 1 railroad transportation service ⏺/◐ Marine cargo container and chassis maintenance and repair ⏺ Facilities for combined marine and general construction 1 ◐ Cold storage facility, warehousing, and storage of goods which are awaiting shipment via cargo carriers 1 ◐ Low impact industrial uses, including but not limited to bakeries, breweries, bottling, printing and publishing, pharmaceuticals, machine shops, manufacture of products, assembly of electrical components, tool and die shops, ◐ Industrial and the packaging of food, provided that such uses shall be subject to the performance standards of the I-M zone Public uses including pedestrian and bicycle trails ⏺ Utility substations, including sewage collection and pumping stations, water pumping stations, transfer stations, telephone electronic equipment enclosures and other similar structures, provided that such structures are located ◐ Public more than 100 feet from the water. Off-street parking lots, excluding parking structures ◐ 2 Accessory uses customarily incidental and subordinate to the location, function, and operation of permitted uses ⏺ Minor solar energy systems ⏺ Other Minor wind energy systems ◐ 1 Uses that may be located in buildings that exceed the maximum permitted height. Uses marked / will be considered permitted uses when ⏺ ◐ occupying buildings with a maximum height equal to or less than the maximum applicable height allowable under the permitted use dimensional standards, and conditional Uusesuses when above that height. 2 Food service establishments, including food trucks and other similar retail and service support uses shall only be permitted as accessory uses if all such uses do not exceed 2,000 SF in total floor area of the building and each individual use does not exceed 1,000 SF in total floor area, and the total of all such uses does not exceed 2,000 SF in floor area of the building; and further provided that such accessory uses provide goods or services that are supportive of the principal use and its clientele. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-25 Page 712 WATERFRONT ZONES TABLE 10-B: WPDZ DIMENSIONAL REQUIREMENTS Permitted Use Dimensional Standards Conditional Use Dimensional Standards Setbacks (min.) N/A N/A 5 acres, limited to 1 building greater than the Lot size (min.) N/A maximum applicable height allowed under the permitted use dimensional standards. Setback from pier line, wharf, or bulkhead (including any attached 5 ft. 5 ft. aprons)(min.)1 50% east of a line projected due south 50% east of a line projected due south from from the centerline intersections of W. the centerline intersections of W. Commercial Commercial Street and the easterly most Street and the easterly most Cassidy Point Cassidy Point Drive. Drive. Lot coverage (max.) 100% west of a line projected due south 100% west of a line projected due south from from the centerline intersections of W. the centerline intersections of W. Commercial Commercial Street and the easterly most Street and the easterly most Cassidy Point Cassidy Point Drive. Drive. 55 ft. east of a line projected due south 60 ft. west of the Casco Bay Bridge7, from the centerline intersections of West except as follows: Commercial Street and the easterly most Cassidy Point Drive and west of Casco Bay 75 ft. in the area east of a line projected due Bridge. south from the centerline intersections of W. Commercial Street and the easterly most Cassidy Point Drive and west of Casco Bay Building height 60 ft. west of a line projected due south Bridge, on lots 5 contiguous acres or larger. 4 (inclusive of roof forms and from the centerline intersections of West 2 rooftop appurtenances)(max.) Commercial Street and the easterly most 130 ft. for bulk storage3 facilities west of the Cassidy Point Drive. projection of the westerly most Cassidy Point Drive segment. In no case may any permitted heights In no case may any conditionally permitted exceed 50ft within 100ft of W.Commercial heights exceed 50ft within 100ft of W. Street and all area of the WPDZ east of Commercial Street and all area of the WPDZ the Casco Bay Bridge. 5 east of the Casco Bay Bridge.5 450 ft. 450 ft. 300 ft. within 100ft of W. Commercial Street and all area of the WPDZ east of the Casco Bay Bridge. Building length (max.)6 300 ft. for buildings or portions of buildings 300 ft. within 100 ft. of W. Commercial exceeding the maximum applicable height Street and all areaareas of the WPDZ east allowed under the permitted use dimensional of the Casco Bay Bridge. standards. 1 The setback area may be used for activities related to the principal uses in the structure, but shall not be used for off-street parking. 2 Buildings and/or structures shall be limited to an absolute height measured from average grade with no portion of the structural roof system or roof top appurtenances exceeding the limits set forth under Table 10-B with the exception of moveable elements or connection devices as listed under Subsection 10.4.7 3 Bulk storage dedicated to materials delivered or awaiting transportation to a site by waterborne transportation. 4 A projection of the street centerline shall consist of an extension of the centerline to the water side boundary of the WPDZ. 5 Height limitations east of the Casco Bay Bridge are intended to protect vistas of the harbor from public open space. 6 As measured by a line parallel with the southern edge of the West Commercial Street right-of-way. 7 Only those conditional uses so designated in Note 1 of the Waterfront Port Development Zone Use Table 10-A may be located in buildings taller than 60 ft. 10-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 713 WATERFRONT ZONES 10.4.6 Dimensional requirements 10.4.8 Performance standards In addition to the generally applicable provisions of Proposals in the Waterfront Port Development SectionArticle 7.5 of this Land Use Code, lots in the Zone that qualify for site plan review shall submit, in Waterfront Port Development Zone shall be subject addition to site plan submission requirements (if to the requirements of Table 10-B. applicable), an impact mitigation narrative summarizing how the project meets the applicable 10.4.7 Additional bulk, height, and location performance standards. All uses in the Waterfront standards. Port Development Zone shall comply with the A. For structures exceedingMoveable elements or following standards: connection devices may exceed the maximum A. Outdoor storage of materials. Outdoor applicable height allowed underlimits set forth storage of commodities and materials in Table 10-B, subject to the permitted use accessory to normal conduct of business, dimensional standardsfollowing: except pilings and/or cranes, shall be permitted 1. Moveable elements such as cranes and to a maximum height of 45 feet, and such gantries, and connection devices such as materials shall be entirely contained, including conveyors or bridges shall not be subject runoff contaminants and residual material, to the space and bulk requirements, but within a designated area within the lot shall be subject to a determination by the boundaries. Federal Aviation Administration that the B. Noise. location of such equipment will not create 1. The level of sound, measured by a sound a hazard to navigation. level meter with frequency weighting 2. The applicant mustshall provide a network (manufactured according to determination from the Federal Aviation standards prescribed by the American Administration that structures and National Standards Institute, Inc.), equipment will not exceed the applicable inherently and recurrently generated height guidelines for the runway approach within the Waterfront Port Development and will not create a hazard to navigable Zone between the hours of 7:00 p.m. and airspace. Such a determination shall be 7:00 a.m. from industrial facilities or accepted as conclusive evidence that the operation commenced on or after July 1, proposed development will not create a 1988, shall not exceed 55 decibels on the A hazard. scale at or within the boundaries of any 3. For each lot, at least one view corridor of residential zone, except for sound from at least 90 feet in width shall be left unbuilt construction activities, sound from traffic to preserve a clear line of sight between on public streets, sound from temporary West Commercial Street and the water. activities such as festivals, and sound created as a result of, or relating to, an emergency, including sound from emergency warning signal devices. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-27 Page 714 WATERFRONT ZONES 2. In measuring sound levels under this and state environmental statutes and subsection, sounds with a continuous regulations regarding emissions into the air, duration of less than 60 seconds shall be except where provisions of this Land Use Code measured by the maximum reading on a are more stringent. sound level meter set to the A weighted E. Discharges into harbor areas. No discharge scale and the fast meter response (L into harbor water areas shall be permitted, maxfast). Sounds with a continuous unless permitted by the Maine Department of duration of 60 seconds or more shall be Environmental Protection under a waste measured on the basis of the energy discharge license and as approved by the average sound level over a period of 60 Department of Public Works in accordance seconds (LEQ1). with Chapter 24, Article III of the City of 3. In addition to the sound level standards Portland Code of Ordinances. All private otherwise established, facilities or sewage disposal or private wastewater operations established or built in the treatment facilities shall comply with the Waterfront Port Development Zone on or provisions of Chapter 24, Article II of the City of after July 1, 1988, shall employ best Portland Code of Ordinances and federal and practicable sound abatement techniques state environmental statutes and regulations to prevent tonal sounds and impulse regarding wastewater discharges. sounds or, if such tonal and impulse F. Storage of vehicles. Storage of any sounds cannot be prevented, to minimize unregistered automotive vehicle on the the impact of such sounds in residential premises for more than 60 days shall not be zones. Tonal sound is defined as a sound permitted. wave usually perceived as a hum or which G. Landfill of docking and berthing areas. because its instantaneous sound pressure Landfill of docking and berthing areas shall be varies essentially as a simple sinusoidal governed by 38 M.R.S. § 471 through 478, and function of time. Impulse sounds are permitted only if the landfill does not reduce defined as sound events characterized by the amount of linear berthing areas or space, or brief excursions of sound pressure, each berthing capacity. If approved, construction with a duration of less than one second. shall be undertaken using methods approved C. Vibration. Vibration inherently and recurrently by the Department of Public Works and shall be generated shall be imperceptible without accomplished in accordance with the instruments at lot boundaries. This shall not provisions of this Land Use Code and in a apply to vibration resulting from activities manner so as to ensure that a stable and aboard a vessel or from railroad vehicle impermeable wall of acceptable materials will activities, or from activities on a pile supported completely contain the fill material and will not pier. permit any fill material to leach into docking D. Federal and state environmental areas or navigable waters. regulations. All uses shall comply with federal 10-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 715 WATERFRONT ZONES H. Off-street parking. Off-street parking is 2. Organize massing to emphasize certain required as provided inand loadingshall be parts of the building such as entries, exempt from the standards of Article 19.18. corners, or different uses. I. Shoreland and Flood PlainFloodplain 3. Treat all facades, including the roof, with Management regulations. Any lot or portion equal level of detail and articulation. of a lot located in a Shoreland Overlay Zone as 4. Vary and articulate building facades to add identified on the City zoning map or in a flood scale and avoid large monotonous walls. hazard area shall be subject to the Treatments such as texture, color, material requirements of Articles 11 and 12. changes, or shadow lines or murals must J. Lighting. All lighting on the site shall be be used to add visual interest and avoid shielded such that direct light sources shall not dull, flat, repetitive facades. unreasonably interfere with vessels transiting 5. Use a scaling or articulation element such the harbor nor have an unreasonable adverse as stepback, canopy, or fenestration as impact on adjacent residential zones. required for any street-facing façade K. Signs. Signs shall be permitted as set forth in within 50 feet of West Commercial Street. Article 2019. L. Storage of pollutants and oily wastes. On-premises storage of pollutants and oily wastes shall not be permitted for more than 45 days. M. Compatibility of non-marine uses with marine uses. Non-marine uses, structures and activities, including but not limited to access, circulation, parking, dumpsters, exterior storage and loading facilities or other structures shall neither unreasonably interfere with the existence or operation of marine uses nor significantly impede access to vessel berthing or other access to the water by existing or potential marine uses. N. Design. Design and visual character shall: 1. In building design, including placement and screening of mechanical equipment, take into consideration long views to minimize negative visual impact and provide visual interest, and architecturally integrate exposed industrial systems and equipment where practical. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | | 10-29 Page 716 SHORELAND OVERLAY ZONE 11 SHORELAND OVERLAY ZONE the purposes of this article any river or stream, or within a wetland. 11.1 PURPOSE D.C. For the purposes of this article, wetlands shall The purpose of this article is to further the include coastal and freshwater wetlands as maintenance of safe and healthful conditions; defined in Article 3. prevent and control water pollution; protect fish E. The regulations and controls of this article spawning grounds, aquatic life, bird and other apply to all land areas, uses, structures, and land wildlife habitat; protect buildings and lands from use activities cited within this subsection in all flooding and accelerated erosion; protect zones of the city. archaeological and historic resources; protect D. The Shoreland Overlay Zone shall include a commercial fishing and maritime industries; protect Resource Protection subdistrict, which shall freshwater and coastal wetlands; control building consist of areas in which development would sites, placement of structures, and land uses; adversely affect water quality, productive conserve shore cover and visual as well as actual habitat, biological ecosystems, or scenic and points of access to inland and coastal waters and natural values. This subdistrict shall include the natural beauty, as appropriate in an urbanized following areas when they occur within the environment; and to anticipate and respond to the limits of the Shoreland Overlay Zone, except impact of development in shoreland areas. that areas which are currently developed shall not be included: 11.2 APPLICABILITY 1. Floodplains along rivers defined by the A. This article applies to all land areas, uses, 100-year floodplain as designated on the structures, and land use activities in all zones of Federal Emergency Management Agency's the city within: (FEMA) Flood Insurance Rate Maps or a.1. 250 feet, horizontal distance, of the normal Flood Hazard Boundary Maps, or the flood high-water line of any river,. of record, or in the absence of these, by b.2. 250 feet, horizontal distance, of the upland soil types identified as recent floodplain edge of a coastal wetland, including all soils. This zone shall also include 100-year areas affected by tidal actions., floodplains adjacent to tidal waters as c.3. 250 feet, horizontal distance, of the upland shown on FEMA's Flood Insurance Rate edge of a freshwater wetland., Maps or Flood Hazard Boundary Maps. 4. 75 feet, horizontal distance, of the normal 2. Areas of two or more contiguous acres high-water line of a stream., with sustained slopes of 20% or greater. and any other areas as added to Shoreland 3. Areas of two or more contiguous acres Zoning Overlay by order of the City Council. supporting wetland vegetation and hydric C.B. This article also applies to any structure built soils, which are not part of a freshwater or on, over or abutting a dock, wharf, or pier, or coastal wetland as defined, and which are other structure extending beyond the normal not surficially connected to a water body high-water line of a water body, meaning for during the period of normal high water. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-1 Page 717 SHORELAND OVERLAY ZONE 1.4. Land areas along rivers subject to severe C. If the property is not served by a public sewer, bank erosion, undercutting, or river bed a valid plumbing permit or a completed movement, and lands adjacent to tidal application for a plumbing permit, including the waters which are subject to severe erosion site evaluation approved by the Building or mass movement, such as steep coastal Authority, shall be submitted whenever the bluffs. nature of the proposed structure or use would require the installation of a subsurface sewage 11.3 REVIEW PROCEDURE disposal system. 11.3.1 Review authority Development activities within the Shoreland Overlay 11.3.3 Rules of measurement Zone areshall be reviewed by the Building Authority For the purposes of this article: and/or the reviewing authority designated under A. Footprint shall be measured as the entire area Article 13 of this Land Use Code for compliance with of ground covered by the structure(s) on a lot, the requirements of Section 11.4. Submissionand including but not limited to cantilevered or standards of plansthis article. similar overhanging extensions, as well as unenclosed structures, such as patios and 11.3.2 Review procedure decks. A. Every applicant for such development activitya B. Height shall be measured as vertical distance site plan or building permit within the between the mean original (prior to Shoreland Overlay shall submit a written construction) grade at the downhill side of the application, including a scaled plan, on a form structure and the highest point of the provided by the review authority. Plans shall be structure, excluding chimneys, steeples, prepared by qualified professionals, based upon antennas, and similar appurtenances that have a boundary survey. no floor area, except that with respect to A. Use-Specific All applications shall be signed by existing principal or accessory structures, an owner or individual who can show evidence including legally existing nonconforming of right, title or interest in the property or by structures, located within an area of special an agent, representative, tenant, or contractor flood hazard that have been or are proposed to of the owner with authorization from the be relocated, reconstructed, replaced or owner to apply for a permit hereunder, elevated to be consistent with the minimum certifying that the information in the elevation required in Article 12, height shall be application is complete and correct. measured as the vertical distance between the B. All applications shall include preconstruction bottom of the sill of the structure to the photographs and, no later than 20 days after highest point of the structure, excluding completion of the development, chimneys, steeples, antennas and similar postconstruction photographs of the shoreline appurtenances that have no floor area. vegetation and development site. C. Lot area shall be measured as the area of land enclosed within the boundary lines of a lot, 11-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 718 SHORELAND OVERLAY ZONE minus land below the normal high-water line of cannot otherwise meet the setback a water body or upland edge of a wetland and requirement of this subsection due to physical areas beneath roads serving more than two limitations of the site, the Planning Board may lots. approve a reduction of the setback D. Setback shall be the nearest horizontal distance requirement for a principal structure to the from the normal high-water line of a water least amount necessary to achieve a building body or tributary stream, or upland edge of a dimension of 28 feet, provided that the setback wetland, to the nearest part of a structure, is not reduced to less than 40 feet. Structures road, parking space or other regulated object in existence on June 15, 1992, may be expanded or area. once during the lifetime of the structure up to 25 feet toward a freshwater wetland, stream or 11.4 LAND USE STANDARDS tributary stream, provided that the setback is 11.4.1 Principal and accessory structures not reduced to less than 40 feet and the floor A. Setbacks area or volume is not increased by more than A.1. All principal and accessory structures shall 30%. In no event shall the setback from a be set backsetback at least 75 feet coastal wetland be reduced to less than 75 feet, horizontal distance from the normal high- except as set forth in Subsection 11.4.1(A), water line of water bodies,a river, stream, above. or tributary stream, or the upland edge of D.3. In all cases, accessory detached structures a wetland or associated tributary streams of less than 100 square feet of floor area within athe Shoreland Overlay Zone, shall be permitted with no setback, except that in the following zones the provided that such structures shall be used setback shall be as indicated below: only for the storage of fish, bait, and 1.a. B -3, B-5/B-5b, I-L on-peninsula, and I-M related equipment. No setback shall be on-peninsula: 25 feet. required for piers, docks, retaining walls, or 2.b. I-B, WCZ, WPDZ, EWPZ: No setback any other structures which require direct required. However, pier edge setbacks access to the water as an operational shall apply in the EWPZ, the WCZ, and necessity, nor to other water-dependent the WPDZ. uses. B.2. For principal structures, setback E. The lowest floor elevation or openings of all measurements shall be taken from the top buildings and structures including basements of a coastal bluff that has been identified shall be elevated at least one foot above the on coastal bluff maps as being “highly elevation of the 100-year flood, the flood of unstable” or “unstable” by the Maine record, or in the absence of these, the flood as Geological Survey, as adopted on the City defined by soil types identified as recent flood of Portland zoning map. plain soils. C. Notwithstanding this requirement, when a lot is F.4. Notwithstanding the requirements of this a lot of record as defined in Subsection 4.3.1 or section, stairways or similar structures may FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-3 Page 719 SHORELAND OVERLAY ZONE be allowed with a permit from the Building occurring ledge and rock outcroppings are Authority to provide shoreline access in not counted as non-vegetated surfaces for areas of steep slopes or unstable soils, lots existing on March 24, 1990 and in provided that: continuous existence since that date. 1.a. The structure is limited to a maximum of four feet in width. 11.4.2 Piers, docks, wharves, bridges, and other 2.b. The structure does not extend below structures and uses extending over or below or over the normal high-water line of a the normal high-water line of a water body water body or upland edge of a or within a wetland, and shoreline wetland, unless permitted by the stabilization Department of Environmental A. For the purposes of this subsection, temporary Protection pursuant to 38 M.R.S. § 480 shall mean structures which remain in or over C. the water for less than seven months in any 3.c. The applicant demonstrates that no period of 12 consecutive months and reasonable access alternative exists on permanent shall mean structures which remain the property. in or over the water for 7 months or more in B. Finished floor elevation. The lowest floor any period of 12 consecutive months. elevation or openings of all buildings and B. No more than one pier, dock, wharf or similar structures including basements shall be structure extending or located below the elevated at least one foot above the elevation normal high-water line of a water body is of the 100-year flood, the flood of record, or in allowed on a single lot, with the exception that the absence of these, the flood as defined by this provision shall not apply in the WCZ, soil types identified as recent floodplain soils. EWPZ, and WPDZ. C. Non-vegetated lot area. A.C. Access from shore shall be developed on soils 1. With the exception of the EWPZ, WCZ, appropriate for such use and constructed so as WPDZ, B-3, B-5, B-6, I-B, I-L (on-peninsula), to control erosion. and I-M zones (on-peninsula), non- B.D. The location shall not interfere with existing vegetated surfaces shall not exceed a total developed or natural beach areas. of 20% of the portion of the lot located C.E. The facility shall be located so as to minimize within the Shoreland Overlay Zone. This adverse effects on fisheries. limitation does not apply to public boat D.F. The facility shall be no larger in dimension than launching facilities regardless of the zone necessary to carry on the activity and shall be in which the facility is located. consistent with surrounding character and 2. For the purposes of this article, non- uses. vegetated surfaces shall include, but are E.G. New permanent structures, and expansions not limited to structures, driveways, thereof, projecting into or over water bodies parking areas, and other areas from which shall require a permit from the Department of vegetation has been removed. Naturally Environmental Protection pursuant to the 11-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 720 SHORELAND OVERLAY ZONE National Resources Protection Act, 38 M.R.S. § obtained from the review authority. 480-C. Permits may also be required from the Construction equipment must access the Army Corps of Engineers and Board of Harbor shoreline by barge when feasible as determined Commissioners if located in navigable waters. by the review authority. When necessary, the H. Except in the WCZ, EWPZ, WPDZ, and I-B removal of trees and other vegetation to allow zones, noNew permanent piers and docks on for construction equipment access to the non-tidal waters shall not be permitted unless it stabilization site via land must be limited to no is clearly demonstrated to the review authority more than 12 feet in width. When the that a temporary pier or dock is not feasible, stabilization project is complete the and a permit has been obtained from the construction equipment accessway must be Department of Environmental Protection, restored to its pre-development state. pursuant to the Natural Resources Protection Revegetation must occur in accordance with Act. Subsection 11.4.3(C). F.I. No new structure shall be built on, over or abutting a pier, wharf, dock or other structure 11.4.3 Vegetation and clearing extending beyond the normal high-water line of 11.4.3A. Clearing or removal of vegetation a water body or within a wetland unless the A. In all shoreland areas in Resource Protection structure requires direct access to the water as Zones, the cutting or removal of vegetation an operational necessity. Where such a shall be limited to that which is necessary for structure is permitted under this subsection, uses expressly authorized in that zone. such structures shall not exceed 20 feet in B. The clearing or removal of vegetation height above the pier, wharf, dock, or other standards of this subsection shall not apply to structure. This subsection shall not apply in the the following zones: EWPZ, WCZ, WPDZ, B-3, B- WCZ, EWPZ, WPDZ, and I-B zones. 5/B-5b, B-6, B-7, I-L (on-peninsula), and I-M J. A structure constructed on a float or floats is zones (on-peninsula). prohibited unless it is designed to function as, b)1. The clearing or removal of vegetation and is registered with the Maine Department of standards of this subsection shall not apply Inland Fisheries and Wildlife as, a watercraft. to those portions of public recreational G.K. No existing structures built on, over or abutting facilities adjacent to public swimming a pier, dock, wharf, or other structure areas. Cleared areas in these locations shall extending beyond the normal high-water line of be limited to the minimum amount a water body or within a wetland shall be necessary. converted to residential dwelling units in any 2. In the Resource Protection subdistrict, the zone. cutting or removal of vegetation shall be L. Vegetation may be removed in excess of the limited to that which is necessary for uses standards in Subsection 11.4.3(A) of this article expressly authorized in the underlying in order to conduct shoreline stabilization of an zone. eroding shoreline, provided that approval is FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-5 Page 721 SHORELAND OVERLAY ZONE TABLE 11-A: SHORELAND TREE STAND RATING SYSTEM wetland within athe Shoreland Overlay Diameter Zone, in accordance with the following: (at 4½ ft. above ground level) Points 1.a. There shall be no cleared opening 2 in. ≤ 4 in. 1 greater than 250 square feet in the 4 in. ≤ 8 in. 2 forest canopy or other existing 8 in. – 12 in. 4 vegetation if a forested canopy is not 12 in. or greater 8 presentedpresent as measured from A.3. Other than cutting or removal of the outer limits of the tree or shrub vegetation as provided for in this crown. Notwithstanding this subsection, timber harvesting shall not be limitation, a single footpath not to permitted. For purposes of this exceed six feet in width as measured subsection, timber harvesting is defined as between tree trunks and/or shrub the cutting and removal of timber for the stems is allowed for accessing the primary purpose of selling or processing shoreline provided that a cleared line forest products. The cutting or removal of of sight to the water through the trees in the Shoreland Overlay Zone on a buffer strip is not created. lot that has less than two acres within the a. Selective cutting of trees within the buffer Shoreland Overlay Zone shall not be strip is allowed provided that a well considered timber harvesting. Cutting or distributed stand of trees and other removal of such trees shall be regulated vegetation is maintained. For the purposes pursuant to this subsection. of this subsection, a “well -distributed B.4. For purposes of this subsection, vegetation stand of trees” adjacent to a water body, is defined as all live trees, shrubs, and other tributary stream or wetland shall be plants including without limitation, trees defined as maintaining a minimum rating both over and under 4four inches in score of 16 or more in any 25-foot by 50- diameter, measured at 4 ½four and one foot rectangle area as determined by the half feet above ground level. b. rating system in Table 11-A. The C.5. In all areas other than the Resource following shall govern in applying the Protection Zonesubdistrict, a buffer strip point system in Table 11-A: of vegetation shall be preserved, except a.i. The 25-foot by 50-foot where clearance is required for rectangular plots must be development of permitted uses, within a established where the landowner strip of land extending 75 feet, horizontal or lessee proposes clearing within distance, from the normal high-water or the required buffer; upland edgeline of a coastal wetland, river, b.ii. Each successive plot must be stream, or tributary stream, or the upland adjacent to, but not overlap a edge of a coastal wetland or freshwater previous plot. 11-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 722 SHORELAND OVERLAY ZONE c.iii. Any plot not containing the forest duff layer, shall not be cut, covered, required points must have no or removed, except to provide a footpath vegetation removed except as or other permitted uses as described in otherwise allowed by this this subsection. ordinance. 4.8. Pruning of tree branches on the bottom d.iv. Any plot containing the required one third of the tree is allowed. points may have vegetation 5.9. In order to maintain a buffer strip of removed down to the minimum vegetation when the removal of storm points required or as otherwise damaged, diseased, unsafe or deadhazard allowed by this ordinance. trees results in the creation of cleared e.v. Where conditions permit, no openings exceeding 250 square feet, these more than 50% of the points on openings shall be replanted with native any 25-foot by 50-foot tree species in accordance with Subsection rectangular area may consist of 11.4.3(D) unless existing new tree growth is trees greater than 12 inches in present. diameter. 10. In order to maintain the vegetation in the 6. For the purposes of this subsection, “other shoreline buffer, clearing or removal of natural vegetation” is defined as retaining vegetation for allowed activities, including existing vegetation under three feet in associated construction and related height and other ground cover and equipment operation, within or outside the retaining at least five saplings less than two shoreline buffer, must comply with the inches in diameter at 4 ½four and one half requirements of Subsection 11.4.3(A)5. feet above ground level for each 25-foot by G.11. Selective cutting of not more 50-foot rectangular area. If five than 40% of the volume of trees four samplingssaplings do not exist, no woody inches or more in diameter, measured at 4 stems less than two inches in diameter can 1/2four and one half feet above ground be removed until five samplingssaplings level, shall be allowed within any ten-year have been recruited into the plot. period at distances greater than 75 feet, Notwithstanding the above provisions, no horizontal distance, from the normal high- more than 40% of the total volume of water line of any other water body, river, trees four inches or more in diameter, stream, or tributary stream, or the upland measured at 4 ½four and one half feet edge of a wetland, except to allow for the above ground level may be removed in any development of permitted uses. Tree ten-year period. removal in conjunction with the 3.7. In order to protect water quality and development of permitted uses shall be wildlife habitat, existing vegetation under included in the 40% calculation. For the three feet in height and other purposes of these standards, volume may groundcover, including leaf litter and the be considered to be equivalent to basal FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-7 Page 723 SHORELAND OVERLAY ZONE area. In no event shall cleared openings for long as a well-distributed stand of any purpose, including but not limited to, trees and other natural vegetation principal and accessory structures, results. driveways, lawns, and sewage disposal 2. The following activities are exempt from areas, exceed in the aggregate 25% percent the clearing and vegetation removal of the lot area within the Shoreland standards set forth in Subsection 11.4.3(A), Overlay Zone or 10,000 square feet, provided that all other applicable whichever is greater, including land requirements of this article are met, and previously cleared. This provision applies the removal of vegetation is limited to that to the portion of a lot within the Shoreland which is necessary: Overlay Zone, including the buffer area. a. The removal of vegetation that occurs H.12. Legally existing nonconforming at least once every two years for the cleared openings may be maintained but maintenance of legally existing areas shall not be enlarged, except as allowed by that do not comply with the this article. vegetation standards in this chapter, I.13. Fields and other cleared openings which such as but not limited to cleared have reverted to primarily shrubs, trees, or openings in the canopy or fields. Such other woody vegetation shall be regulated areas shall not be enlarged, except as under the provisions of this subsection. allowed by this section. If any of these B. Exemptions to clearing and vegetation areas, due to lack of removal of removal requirements. vegetation every two years, reverts 1. The clearing and removal of vegetation back to primarily woody vegetation, standards of Subsection 11.4.3(A) shall not the requirements of Subsection apply in the following zones: EWPZ, WCZ, 11.4.3(A) apply: WPDZ, B-3, B-5, B-6, I-L (on peninsula), and b. The removal of vegetation from the I-M (on peninsula), except that the location of allowed structures or following standards do apply: allowed uses, when the shoreline a. Within a strip extending 75 inland setback requirements of section 11.4.1 from the normal high water line, there are not applicable; shall be no cleared opening or c. The removal of vegetation from the openings, except for approved location of public swimming areas construction, and a well-distributed associated with an allowed public stand of vegetation shall be retained. recreational facility; b. Selective cutting of no more than 40% d. The removal of vegetation associated of the trees four and one half inches with allowed agricultural uses, provided or more in diameter, measured at four best management practices are utilized, and one half feet above ground level, and provided all requirements of is allowed in any 10-year period, as Subsection 11.4.14 are complied with; 11-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 724 SHORELAND OVERLAY ZONE e. The removal of vegetation associated g. The removal of vegetation associated with brownfields or Voluntary with emergency response activities Response Action Program (VRAP) conducted by the Maine Department projects provided that the removal of of Environmental Protection, the U.S. vegetation is necessary for remediation Environmental Protection Agency, the activities to clean-up contamination on U.S. Coast Guard, and their agents. a site that is part of a state or federal C. Revegetation requirements. When brownfields program or a Voluntary revegetation is required in response to Response Action Program pursuant 38 violations of the vegetation standards set forth M.R.S. section 343-E, and that is located in Subsection 11.4.3(A), to address the removal along a coastal wetland or a river. of non- native invasive species of vegetation, or f. The removal of non-native invasive as a mechanism to allow for development that vegetation species, provided the may otherwise not be permissible due to the following minimum requirements are vegetation standards, including removal of met: vegetation in conjunction with a shoreline i. If removal of vegetation occurs stabilization project, the revegetation must via wheeled or tracked motorized comply with the following requirements. equipment, the wheeled or 1. The property owner must submit a tracked motorized equipment is revegetation plan, prepared with and operated and stored at least 25 signed by a qualified professional, that feet, horizontal distance, from the describes revegetation activities and shoreline, except that wheeled or maintenance. The plan must include a tracked equipment may be scaled site plan, depicting where operated or stored on existing vegetation was, or is to be removed, where structural surfaces, such as existing vegetation is to remain, and where pavement or gravel; vegetation is to be planted, including a list ii. Removal of vegetation within 25 of all vegetation to be planted. feet, horizontal distance, from the 2. Revegetation must occur along the same shoreline occurs via hand tools; segment of shoreline and in the same area and where vegetation was removed and at a iii. If applicable clearing and density comparable to the pre-existing vegetation removal standards are vegetation, except where a shoreline exceeded due to the removal of stabilization activity does not allow non-native invasive species revegetation to occur in the same area and vegetation, the area shall be at a density comparable to the pre-existing revegetated with native species to vegetation, in which case revegetation achieve compliance. must occur along the same segment of FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-9 Page 725 SHORELAND OVERLAY ZONE shoreline and as close as possible to the vegetation and other vegetation under area where vegetation was removed: three feet in height: 3. If part of a permitted activity, revegetation a. All woody vegetation and vegetation shall occur before the expiration of the under three feet in height must be permit. If the activity or revegetation is not replaced with native noninvasive completed before the expiration of the species of woody vegetation and permit, a new revegetation plan shall be vegetation under three feet in height submitted with any renewal or new permit as applicable; application. b. Woody vegetation and vegetation 4. Revegetation activities must meet the under three feet in height shall be following requirements for trees and planted in quantities and variety saplings: sufficient to prevent erosion and a. All trees and saplings removed must provide for effective infiltration of be replaced with native noninvasive stormwater; species; c. If more than three woody vegetation b. Replacement vegetation must at a plants are to be planted, then at least minimum consist of saplings; three different species shall be c. If more than three trees or saplings planted; are planted, then at least three d. No one species shall make up 50% or different species shall be used; more of the number of planted woody d. No one species shall make up 50% or vegetation plants; and more of the number of trees and e. Survival of planted woody vegetation saplings planted; and vegetation under three feet in e. If revegetation is required for a height must be sufficient to remain in shoreline stabilization project, and it is compliance with the standards not possible to plant trees and contained within this chapter for a saplings in the same area where trees minimum of five years or saplings were removed, then trees 6. Revegetation activities must meet the or sapling must be planted in a following requirements for ground location that effectively reestablishes vegetation and ground cover: the screening between the shoreline a. All ground vegetation and ground and structures; and cover removed must be replaced with f. A survival rate of at least 80% of native herbaceous vegetation, in planted trees or saplings is required quantities and variety sufficient to for a minimum five year period. prevent erosion and provide for 5. Revegetation activities must meet the effective infiltration of stormwater; following requirements for woody b. Where necessary due to a lack of sufficient ground cover, an area must 11-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 726 SHORELAND OVERLAY ZONE be supplemented with a minimum 40 percent of the volume of trees four inch depth of leaf mulch and/or four inches or more in diameter, bark mulch to prevent erosion and measured at four and a half feet above provide for effective infiltration of ground level in any 10 year period, stormwater; and and/or results in cleared openings c. Survival and functionality of ground exceeding 25% of the lot area within vegetation and ground cover must be the Shoreland Overlay Zone, or sufficient to remain in compliance 10,000 square feet, whichever is with the standards contained within greater, replacement with native tree this chapter for a minimum of five species is required, unless there is new years. tree growth already present. New tree D. Hazard trees, storm-damaged trees, and growth must be as near as practicable dead tree removal to where the hazard tree was removed 1. Hazard trees in the Shoreland Overlay and be at least two inches in diameter, Zone may be removed without a permit measured at four and one half feet after consultation with the Building above the ground level. If new growth Authority and City Arborist if the following is not present, then replacement trees requirements are met: shall consist of native species and be a. Within the shoreline buffer required at least two inches in diameter, under Subsection 11.4.3(A)5, if the measured at four and one half feet removal of a hazard tree results in a above the ground level. cleared opening in the tree canopy c. The removal of standing dead trees, greater than 250 square feet, resulting from natural causes, is replacement with native tree species permissible without the need for is required, unless there is new tree replanting or a permit, as long as the growth already present. New tree removal does not result in the growth must be as near as practicable creation of new lawn areas, or other to where the hazard tree was removed permanently cleared areas, and and be at least two inches in diameter, stumps are not removed. For the measured at four and one half feet purposes of this provision dead trees above the ground level. If new growth are those trees that contain no foliage is not present, then replacement trees during the growing season. shall consist of native species and be d. The Building Authority or City Arborist at least four feet in height, and be no may require the property owner to less than two inches in diameter. submit an evaluation from a licensed Stumps may not be removed. forester or arborist before any hazard b. Outside of the shoreline buffer, when tree can be removed within the the removal of hazard trees exceeds Shoreland Overlay Zone. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-11 Page 727 SHORELAND OVERLAY ZONE e. The Building Authority or City Arborist exceeds 40% of the volume of trees may require more than a one–for-one four inches or more in diameter, replacement for hazard trees removed measured at four and one half feet that exceed eight inches in diameter above the ground level in any 10 year measured at four and one half feet period, or results, in the aggregate, in above the ground level. cleared openings exceeding 25% of 3. Storm-damaged trees in the Shoreland the lot area within the Shoreland Overlay Zone may be removed without a Overlay Zone or 10,000 square feet, permit after consultation with the Building whichever is greater, and no natural Authority or City Arborist if the following regeneration occurs within one requirements are met: growing season, then native tree a. Within the shoreline buffer, when the seedlings or saplings shall be replanted removal of storm-damaged trees on a one-for-one basis. results in a cleared opening in the tree canopy greater than 250 square feet, 11.4.4 Erosion and sedimentation control replanting is not required, but the area 3.A. All activities which involve filling, grading, shall be required to naturally excavation or other similar activities which revegetate, and the following result in unstabilized soil conditions and which requirements must be met: require a permit shall require a written soil i. The area from which a storm- erosion and sedimentation control plan in damaged tree is removed does accordance with Maine Erosion and Sediment not result in new lawn areas, or Control Handbook for Construction: Best other permanently cleared areas; Management Practices, published by the ii. Stumps from the storm-damaged Cumberland County Soil and Water trees may not be removed; Conservation District and the Maine iii. Limbs damaged from a storm Department of Environmental Protection and event may be pruned even if they the City of Portland Technical Manual. The plan extend beyond the bottom one- shall be submitted to the Building third of the tree; and Authorityreview authority for approval and iv. If after one growing season, no shall include, where applicable, provisions for: natural regeneration or regrowth 1. Mulching and revegetation of disturbed is present, replanting of native soil. tree seedlings or saplings is 2. Temporary runoff control features such as required at a density of one hay bales, silt fencing, or diversion ditches. seedling per every 80 square feet 3. Permanent stabilization structures such as of lost canopy. retaining walls or riprap. b. Outside of the shoreline buffer, if the 4.B. In order to create the least potential for removal of storm damaged trees erosion, development shall be designed to fit 11-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 728 SHORELAND OVERLAY ZONE with the topography and soils of the site. Areas F. When an excavation contractor will perform an of steep slopes where high cuts and fills may be activity that requires or results in more than required shall be avoided wherever possible, one cubic yard of soil disturbance, the person and natural contours shall be followed as responsible for management of erosion and closely as possible. sedimentation control practices at the site 5.C. Erosion and sedimentation control measures must be certified in erosion control practices shall apply to all aspects of the proposed by the Maine Department of Environmental project involving land disturbance and shall be Protection. This person must be present at the in operation during all stages of the activity. site each day earth-moving activity occurs for a The amount of exposed ground area at every duration that is sufficient to ensure that proper phase of construction shall be minimized to erosion and sedimentation control practices reduce the potential for erosion. are followed. This is required until erosion and 6.D. Any exposed ground area shall be temporarily sedimentation control measures have been or permanently stabilized within one week from installed, which will either stay in place the time it was last actively worked, by use of permanently or stay in place until the area is riprap, sod, seed, and mulch, or other effective sufficiently covered with vegetation necessary measures. In all cases, permanent stabilization to prevent soil erosion. The name and shall occur within nine months of initial certification number of the person who will exposure. The following standards shall also be oversee the activity causing or resulting in soil met: disturbance shall be included on the permit 1. Where mulch is used, it shall be applied at application. This requirement does not apply a rate of at least one bale per 500 square to a person or firm engaged in agriculture or feet and shall be maintained until a catch timber harvesting if best management practices of vegetation is established. for erosion and sedimentation control are 2. Anchoring the mulch with netting, peg, and used; and municipal, state and federal twine or other suitable method may be employees engaged in projects associated with required to maintain the mulch cover. that employment. 3. Additional measures shall be taken where necessary in order to avoid siltation into 11.4.5 Soils the water. Such measures may include the All land uses shall be located on soils in or upon use of staked hay bales, and/or silt fences. which the proposed uses or structures can be 7.E. Natural and man-made drainage ways and established or maintained without causing adverse drainage outlets shall be protected from environmental impacts, including severe erosion, erosion from water flowing through them. mass soil movement, improper drainage, and water Drainage ways shall be designed and pollution, either during or after construction. constructed in accordance with the City of Proposed uses requiring subsurface wastewater Portland Technical Manual. disposal and commercial or industrial development or other similar intensive land uses shall require a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-13 Page 729 SHORELAND OVERLAY ZONE soils report based on an on-site investigation and application. Such sites shall also comply with all prepared by state certified professionals. Certified applicable provisions of Article 1716 of this chapter. persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine 11.4.8 Installation of public utility service State Certified Geologists and other persons who No public utility of any kind shall install services to have training and experience in the recognition and any new structure located in the Shoreland Overlay evaluation of soil properties. The report shall be Zone unless written authorization attesting to the based upon the analysis of the characteristics of the validity and currency of all local permits required soil and surrounding land and water areas, under this Code has been issued by the appropriate maximum ground water elevation, presence of municipal authorities.Building Authority. Following ledge, drainage conditions, and other pertinent data installation of service, the public utility shall forward which the evaluator deems appropriate. The soils theprovide written authorizationdocumentation to report shall include recommendations for a the appropriate municipal authorities, proposed use to counteract soil limitations where indicatingBuilding Authority that installation has they exist. been completed. 11.4.6 Water quality 11.4.9 Essential services No activity shall deposit on or into the ground or A. Where feasible, the installation of essential discharge to the waters of the state any pollutant services shall be limited to existing public ways that by itself or in combination with other activities and existing service corridors. or substances will impair designated uses or the B. The installation of essential services, other than water classification of the water body, tributary road-side distribution lines and within existing stream or wetland. service corridors, is not allowed in a Resource Protection subdistrict or Stream Protection 11.4.7 Archaeological sites Zonewithin 75 feet of the normal high-water Any proposed land use activity involving structural line of a stream, except to provide services to a development or soil disturbance on or adjacent to permitted use within the underlying zone, or sites listed on, or eligible to be listed on, the where the applicant demonstrates that no National Register of Historic Places, as determined reasonable alternative exists. Where allowed, by the Department of Planning and Urban such structures and facilities shall be located so Development, shall be submitted by the applicant to as to minimize any adverse impacts on the Maine Historic Preservation Commission for surrounding uses and resources, including review and comment at least 20 days prior to action visual impacts. being taken by the Planning Authority. The Planning C. Damaged or destroyed public utility Authorityreview authority. The review authority transmission and distribution lines, towers, and shall consider comments received from the related equipment may be replaced or commission prior to rendering a decision on the reconstructed without a permit. 11-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 730 SHORELAND OVERLAY ZONE 11.4.10 Roads and driveways permitted structures within the setback A. Roads and driveways shall be setback a area shall comply fully with the minimum of 75 feet from the normal high- requirements of Subsection 11.4.10 except water or line of a river, stream, or tributary for that portion of the road or driveway stream, or upland edge of a coastal wetland,or necessary for direct access to the freshwater wetland, river or tributary stream structure. within a Shoreland Overlay Zone, except: B. Existing public roads may be expanded within 1. In the EWPZ, WCZ, WPDZ, B-3, B-5/B-5b, I-L the legal road right of way regardless of their (on-peninsula) and I-M (on-peninsula)), setback from a waterbody, tributary stream, or roads and driveways shall be setback as wetland. established for structures in those zones as C. New roads and driveways are prohibited in a specified in Subsection 11.4.1(A). Resource Protection Zonesubdistrict except 2. If no other reasonable alternative exists, that the Planning Boardreview authority may the Planning Boardreview authority may grant a permitapproval to construct a road or reduce the road and/or driveway setback driveway to provide access to permitted uses requirement to no less than 50 feet, within the district. A road or driveway may also horizontal distance, upon clear showing by be approved by the Planning Boardreview the applicant that appropriate techniques authority in a Resource Protection will be used to prevent sedimentation of Zonesubdistrict, upon a finding that no the water body, tributary stream or reasonable alternative route or location is wetland. Such techniques may include, but available outside the district. When a roadway are not limited to, the installation of or driveway is permitted in a Resource settling basins, and/or effective use of Protection subdistrict, additional ditch relief culverts and turnouts place so as to avoid sedimentation of the C. the road and/or driveway shall be setback water body, tributary stream, or wetland. as far as practicable from the normal high- 3. On slopes greater than 20%, the road water line of a water body, tributary stream, or and/or driveway setback shall be increased upland edge of wetland. by 10 feet, horizontal distance, for each D. Road and driveways banks shall be no steeper five percent increase in slope above 20%. than slope of two horizontal to one vertical and 4. Subsection 11.4.10(A) does not apply to shall be graded and stabilized in accordance approaches to water crossings or to roads with the provisions for erosion and or driveways that provide access to sedimentation control contained in Subsection permitted structures and facilities located 11.4.4. nearer to the shoreline or tributary stream E. Road and driveway grades shall be no greater due to an operational necessity, excluding than 10% except segments of less than 200 temporary docks for recreational uses. feet. Roads and driveways providing access to FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-15 Page 731 SHORELAND OVERLAY ZONE F. In order to prevent road and driveway surface b.3. On sections having slopes greater than ten drainage from directly entering water bodies, 10%, ditch relief culverts shall be placed at tributary streams, or wetlands, roads and approximately a 30 degree angle driveways shall be designed, constructed, and downslope from a line perpendicular to maintained to empty onto an unscarified buffer the centerline of the road or driveway. strip at least 50 feet plus two times the average c.4. Ditch relief culverts shall be sufficiently slope, in width between the outflow point of sized and properly installed in order to the ditch or culvert and the normal high-water allow for effective functioning, and their line of a water body, tributary stream, or upland inlet and outlet ends shall be stabilized edge of a wetland. Surface drainage which is with appropriate materials. directed to an unscarified buffer strip shall be d.5. Ditches, culverts, bridges, dips, water diffused or spread out to promote infiltration turnouts, and other storm water runoff of the runoff and to minimize channelized flow control installations associated with roads of the drainage through the buffer strip. and driveways shall be maintained on a G. Ditch relief (cross drainage) culverts, drainage regular basis to assure effective dips, and water turnout shall be installed in a functioning. manner effective in directing drainage onto unscarified buffer strips before the flow gains 11.4.11 Parking areas sufficient volume or head to erode the road, Parking areas shall be set back a minimum of 75 feet driveway, or ditch. To accomplish this, the from the normal high-water or line of a river, following shall apply: stream, or tributary stream, or the upland edge of a a)1. Ditch relief culverts, drainage dips, and coastal wetland, or freshwater wetland, river, or associated water turnouts shall be spaced tributary stream within athe Shoreland Overlay along the road or driveway at intervals no Zone except: greater than indicated in Table 11-B. H.A. In the EWPZ, WCZ, WPDZ, B-3, B-5/B-5b, I-L, a.2. Drainage dips may be used in place of ditch and I-M zones, parking setbacks shall be as relief culverts only where the grade is 10% established for structures in those zones, as specified in Subsection 11.4.1(A). TABLE 11-B: DRAINAGE SPACING I.B. Where the Planning Boardreview authority Grade (%) Spacing finds that no other reasonable alternative exists 0-2 250 ft. further from the shoreline or tributary stream, 3-5 200-135 ft. the boardreview authority may reduce the 6-10 100-80 ft. parking setback requirement to no less than 50 11-15 80-60 ft. feet in the R-OS-R and I-B zones to the least 16-20 60-45 ft. amount necessary for construction, provided 21+ 40 ft. that the applicant proves by a preponderance or less. of the evidence that appropriate techniques 11-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 732 SHORELAND OVERLAY ZONE will be used to prevent sedimentation of the Utilization Guidelines published by the Maine water body. Department of Agriculture on November 1, C. Parking areas shall be adequately sized for the 2001, and the Nutrient Management Law (7 proposed use and shall be designed to prevent M.R.S. §§ 4201-4209). stormwater runoff from flowing directly into a B. Manure shall not be stored or stockpiled within water body, tributary stream, or wetland, and 75 feet, horizontal distance, of water bodies, where feasible, to retain all runoff on site. tributary streams, or wetlands. All manure storage areas within the Shoreland Overlay 11.4.12 Septic waste disposal Zone must be constructed or modified such All subsurface sewage disposal systems shall be that the facility produces no discharge of installed in conformance with the State of Maine effluent or contaminated stormwater. Subsurface Wastewater Disposal Rules and the C. Agricultural activities involving tillage of soil following: greater than 40,000 square feet in surface area J.A. Clearing or removal of woody vegetation within the Shoreland Overlay Zone shall require necessary to site a new system and any a conservation plan to be filed with the associated fill extensions, shall not extend Planning Authority. closer than 75 feet, horizontal distance, from D. There shall be no new tilling of soil within 75 the normal high-water line of a water body or feet, horizontal distance, from water bodies the upland edge of a wetland. and coastal wetlands or within 25 feet, K.B. A holding tank is not allowed for a first-time horizontal distance, of tributary streams and residential use in the Shoreland Overlay Zone. freshwater wetlands when such new tilling, by itself or combined with all other contiguous 11.4.13 Stormwater runoff tillage, shall exceed 40,000 square feet in All new construction and development shall be surface area. Operations in existence on the designed to be in compliance with the City of effective date of this section and not in Portland Technical Manual to minimize stormwater conformance with these provisions may be runoff from the site in excess of the natural maintained but shall not be expanded. When predevelopment conditions. Where possible, the new tilling, by itself or combined with all existing natural runoff control features, such as other contiguous tillage, shall total 40,000 berms, swales, terraces, and wooded areas shall be square feet or less, the tillage shall be set back a retained in order to reduce runoff and encourage minimum of 25 feet from all water bodies, infiltration of stormwater. Stormwater runoff tributary streams, or wetlands. control systems shall be maintained as necessary to E. Newly established livestock grazing areas shall ensure proper functioning. not be permitted within 75 feet, horizontal distance, of water bodies and coastal wetlands 11.4.14 Agriculture or within 25 feet, horizontal distance, of A. All spreading or disposal of manure shall be tributary streams and wetlands. Livestock accomplished in conformance with the Manure grazing associated with ongoing farm activities FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-17 Page 733 SHORELAND OVERLAY ZONE and which are not in conformance with the 11.6 NONCONFORMING STRUCTURES above setback provisions may continue, 11.6.1 Increase in nonconformity provided such grazing is conducted in For the purposes of this section, increase in accordance with a soil and water conservation nonconformity of a structure shall mean any change plan filed with the Planning Authority. in a structure or property which causes further deviation from the dimensional standard(s) creating 11.5 SUPPLEMENTAL SITE PLAN STANDARDS the nonconformity such as, but not limited to, 11.5.1 Site plan standards reduction in water body, tributary stream or The Planning Board or Planning Authority shall wetland setback distance, increase in lot coverage, approve a site plan located within a Shoreland or increase in height of a structure. Property Overlay Zone if it finds that the following standards, changes or structure expansions which either meet in addition to the standards set forth in Article 1413, the dimensional standard or which cause no further are met: increase in the linear extent of nonconformance of A. The proposal will maintain safe and healthful the existing structure shall not be considered to conditions. increase nonconformity. For example, there is no B. The proposal will not result in water pollution, increase in nonconformity with the setback erosion, or sedimentation to surface waters. requirement for water bodies, wetlands, or tributary C. The proposal will adequately provide for the streams if the expansion extends no further into the disposal of all wastewater. required setback area than does any portion of the D. The proposal will not have an adverse impact existing nonconforming structure. Hence, a on spawning grounds, fish, aquatic life, bird, or structure may be expanded laterally provided that other wildlife habitat. the expansion extends no closer to the water body, E. The proposal will conserve shore cover and tributary stream, or wetland than the closest visual, as well as actual, points of access to portion of the existing structure from that water inland and coastal waters. body, tributary stream, or wetland. Included in this F. The proposal will protect archaeological and allowance are expansions which in-fill irregularly historic resources. shaped structures. G. The proposal will not adversely affect existing commercial fishing or maritime activities. 11.6.2 Expansions H. The proposal will avoid problems associated A. For the purposes of this section, an expansion with flood plainfloodplain development and of a structure shall mean an increase in the use. footprint or height of a structure, including all I. The proposal is in conformance with the extensions such as, but not limited to: attached standards set forth in this article. decks, garages, porches, and greenhouses. B. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained in 11-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 734 SHORELAND OVERLAY ZONE Subsection 11.4.1. A nonconforming structure of the principal structure may not be made may be added to or expanded after obtaining a greater than 15 feet or the height of the permit from the Building Authority if such existing structure, whichever is greater. addition or expansion does not increase the 3. All other legally existing nonconforming nonconformity of the structure and is in principal and accessory structures that do accordance with 1 and 2 below. not meet the water body, tributary stream, 1. Expansion of any portion of a structure or wetland setback requirements of within 25 feet of the normal high-water line Subsection 11.4.1 may be expanded or of a water body, tributary stream, or altered as follows, as long as other upland edge of a wetland is prohibited, applicable land use standards are met and even if the expansion will not increase the expansion is not prohibited by nonconformity with the water body, Subsection 11.6.2(C)1, above. tributary stream or wetland setback a. For nonconforming structures located requirement. Expansion of an accessory less than 75 feet from the normal structure that is located closer to the high-water line of a water body, normal high-water line of a water body, tributary stream, or upland edge of a tributary stream, or upland edge of a wetland, the maximum combined total wetland than the principal structure is footprint for all structures may not be prohibited, even if the expansion will not expanded to a size greater than 1,000 increase nonconformity with the water square feet or 30% larger than the body, tributary stream, or wetland setback footprint that existed on January 1, requirement. 1989, whichever is greater. The 2. Notwithstanding subsection (1) above, if a maximum height of any structure may legally existing nonconforming principal not be made greater than 20 feet or structure is entirely located less than 25 the height of the existing structure, feet from the normal high-water line of a whichever is greater. water body, tributary stream, or upland b. In addition to the limitations in edge of a wetland, that structure may be subsection (a) above, for structures expanded as follows, as long as all other that are legally nonconforming due to applicable land use standards are met and their location within the Resource the expansion is not prohibited by Protection subdistrict when located at Subsection 11.6.2 due to an increase in the less than 250 feet from the normal nonconformity. The maximum total high-water line of a water body or the footprint for the principal structure may upland edge of a wetland, the not be expanded to a size greater than 800 maximum combined total footprint square feet or 30% larger than the for all structures may not be expanded footprint that existed on January 1, 1989, to a size greater than 1,500 square whichever is greater. The maximum height feet or 30% larger than the footprint FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-19 Page 735 SHORELAND OVERLAY ZONE that existed at the time the Resource 11.6.4 Relocation Protection subdistrict was established A nonconforming structure may be relocated within on the lot, whichever is greater. The the boundaries of the parcel on which the structure maximum height of any structure may is located provided that the site of relocation not be made greater than25 feet or conforms to all setback requirements to the the height of the existing structure, greatest practical extent as determined by the whichever is greater, except that any Building Authority, and provided that if the portion of those structures located structure is not connected to a public sewer system, less than 75 feet from the normal the applicant demonstrates that the present high-water line of a water body, subsurface sewage disposal system meets the tributary stream, or upland edge of a requirements of State law and the State of Maine wetland must meet the footprint and Subsurface Wastewater Disposal Rules, or that a height limits in Subsection 11.6.2(C)2 new system can be installed in compliance with the and Subsection 11.6.2(C)3.a, above. law and said rules and further provided that the 4. An approved plan for expansion of a relocation meets the following standards: nonconforming structure must be A. In no case shall a structure be relocated in a recorded by the applicant with the manner that causes the structure to be more Cumberland County Registry of Deeds nonconforming. within 90 days of approval. The recorded B. In determining whether the building relocation plan must show the existing and proposed meets the setback to the greatest practical footprint of the nonconforming structure, extent, the Building Authority shall consider the the existing and proposed structure height, size of the lot, the slope of the land, the the footprint of any other structures on potential for soil erosion, the location of other the parcel, the Shoreland Overlay Zone structures on the property and on adjacent boundary and evidence of approval by the properties, the location of the septic system Building Authority. and other on-site soils suitable for septic systems, and the type and amount of 11.6.3 Foundations vegetation to be removed to accomplish the Whenever a new, enlarged, or replacement relocation. foundation is constructed under a nonconforming C. When it is necessary to remove vegetation structure, the structure and new foundation must within the water or wetland setback area in be placed such that the setback requirement is met order to relocate a structure, the Building to the greatest practical extent as determined by Authority shall require replanting of native the Building Authority, basing its decision on the vegetation to compensate for the destroyed criteria specified in Subsection 11.6.4. vegetation in accordance with Subsection 11.4.3(C). In addition, the area from which the relocated structure was removed must be 11-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 736 SHORELAND OVERLAY ZONE replanted with vegetation. Replanting shall be said damage, destruction, or removal, and provided required as follows: that such reconstruction or replacement is in 1. Trees removed in order to relocate a compliance with the water body, tributary stream or structure must be replanted with at least wetland setback requirement to the greatest one native tree, three feet in height, for practical extent as determined by the Building every tree removed. If more than five trees Authority in accordance with the purposes of this are planted, no one species of tree shall ordinance and the following standards: make up more than 50% of the number of A. In no case shall a structure be reconstructed or trees planted. Replaced trees must be replaced so as to increase its nonconformity. If planted no further from the water or the reconstructed or replacement structure is wetland than the trees that were removed. less than the required setback it shall not be Other woody and herbaceous vegetation, any larger than the original structure, except as and ground cover, that are removed or allowed pursuant to Subsection 11.6.1 above, as destroyed in order to relocate a structure determined by the nonconforming footprint of must be re-established. An area at least the the reconstructed or replaced structure at its same size as the area where vegetation new location. and/or ground cover was disturbed, B. If the total footprint of the original structure damaged, or removed must be can be relocated or reconstructed beyond the reestablished within the setback area. The required setback area, no portion of the vegetation and/or ground cover must relocated or reconstructed structure shall be consist of similar native vegetation and/or replaced or constructed at less than the ground cover that was disturbed, setback requirement for a new structure. destroyed or removed. C. When it is necessary to remove vegetation in 2. Where feasible, when a structure is order to replace or reconstruct a structure, relocated on a parcel the original location vegetation shall be replanted in accordance of the structure shall be replanted with with Subsection 11.6.4(C). vegetation which may consist of grasses, D. Any nonconforming structure which is located shrubs, trees, or a combination thereof. less than the required setback from a water body, tributary stream, or wetland and which is 11.6.5 Reconstruction or replacement removed by 50% or less of the market value, or Any nonconforming structure which is located less damaged or destroyed by 50% or less of the than the required setback from a water body, market value of the structure, excluding normal tributary stream, or wetland and which is removed, maintenance and repair, may be reconstructed damaged, or destroyed, regardless of the cause, by in place if a permit is obtained from the more than 50% of the market value of the structure Building Authority within one year of such before such damage, destruction, or removal may damage, destruction, or removal. be reconstructed or replaced provided that a E. In determining whether the building permit is obtained within two years of the date of reconstruction or replacement meets the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 11-21 Page 737 SHORELAND OVERLAY ZONE setback to the greatest practical extent the Building Authority shall consider, in addition to the criteria in Subsections 11.6.4 and 11.6.5(A) through (D) above, the physical condition and type of foundation present, if any. 11.6.6 Elevation of structures in flood hazard areas The height of a structure that is a legally existing nonconforming principal or accessory structure may be raised to, but not above, the minimum elevation necessary to be consistent with the local floodplain management elevation requirement or to three feet above base flood elevation, whichever is greater, as long as the structure is relocated, reconstructed, replaced or elevated within the boundaries of the parcel so that the water body or wetland setback requirement is met to the greatest practical extent. This subsection applies to structures that: A. Have been or are proposed to be relocated, reconstructed, replaced or elevated to be consistent with the local floodplain management elevation requirement; and, B. Are located in an area of special flood hazard. 11-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 738 FLOODPLAIN MANAGEMENT 12 FLOODPLAIN MANAGEMENT 12.2 APPLICABILITY This article applies to all land areas, uses, structures, 12.1 PURPOSE and land use activities lying in the special flood Certain areas of the City of Portland, Maine are hazard areas, Zones A, AE, AO, AH, and VE, as subject to periodic flooding, causing serious identified by the Federal Emergency Management damage to properties within these areas. Relief is Agency in a report entitled Flood Insurance Study - available in the form of flood insurance as Cumberland County, Maine, with accompanying authorized by the National Flood Insurance Act of “Flood Insurance Rate Map,” dated June 20, 2024. 1968. Therefore, the City of Portland, Maine has This Flood Insurance Study with accompanying chosen to become a participating community in the maps, and any subsequent amendments thereto, National Flood Insurance Program and agrees to including Letters of Map Revision approved by comply with the requirements of the National Flood FEMA, is hereby adopted by reference and declared Insurance Act of 1968 (P.L. 90-448), as amended to be a part of this Land Use Code. from time to time an as delineated in this article. It is the intent of the City of Portland to require the 12.3 STRUCTURE AND DEVELOPMENT TYPES recognition and evaluation of flood hazards in all 12.3.1 Structure types official actions relating to land use in the floodplain A. For the purposes of this article, structure shall areas having special flood hazards. mean a walled and roofed building. A gas or liquid storage tank that is principally above The National Flood Insurance Program, established ground is also a structure. in the aforesaid act, provides that areas of the city B. Accessory structure shall mean a structure having a special flood hazard be identified by the which is on the same parcel of property as a Federal Emergency Management Agency and that principal structure and the use of which is floodplain management measures be applied in such incidental to the use of the principal structure. flood hazard areas. This article establishes a Flood C. The following types of structures shall have the Hazard Development Permit system and review following meanings: procedure for development activities in the 1. Agricultural structure. Structures that are designated flood hazard areas of the city. The used exclusively for agricultural purposes purposes of this article are to reduce future flood or uses in connection with the production, risks and losses, protect against financial and human harvesting, storage, raising, or drying of loss resulting from flood disasters, and to control agricultural commodities and livestock. the placement of structures, construction materials, Structures that house tools or equipment and methods used to minimize potential property used in connection with these purposes or damage due to flooding. The City of Portland has uses are also considered to have the legal authority to adopt land use and control agricultural purposes or uses. measures to reduce future flood losses pursuant to 2. Elevated building. A non-basement building Title 30-A M.R.S. § 2001-3007, 4352, 4401-4407, and that is: Title 38 M.R.S. § 440. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-1 Page 739 FLOODPLAIN MANAGEMENT a. Built, in the case of a building in Zones contributing to the historical A, AE, AO, or AH, so that the top of significance of a registered historic the elevated floor, or in the case of a district or a district preliminarily building in Zones VE or Coastal AE, to determined by the Secretary of the have the bottom of the lowest Interior to qualify as a registered horizontal structural member of the historic district; elevated floor, elevated above the c. Individually listed on a Maine state ground level by means of pilings, inventory of historic places at such columns, posts, or piers; and, time that one is created; or, b. Adequately anchored to not impair d. Designated as a local landmark or the structural integrity of the building identified as a contributing property during a flood of up to two feet above under Article 1716. the magnitude of the base flood. 4. Manufactured home. A structure, In the case of Zones A, AE, AO, or AH, transportable in one or more sections, elevated building also includes a building which is built on a permanent chassis and elevated by means of fill or solid is designed for use with or without a foundation perimeter walls with hydraulic permanent foundation when connected to openings sufficient to facilitate the the required utilities. For floodplain unimpeded movement of flood waters, as management purposes the term required in Subsection 12.4.5(N) In the case manufactured home also includes park of Zones VE or Coastal AE, elevated trailers, travel trailers, and other similar building also includes a building otherwise vehicles placed on a site for greater than meeting the definition of elevated building, 180 consecutive days. even though the lower area is enclosed by 5. Manufactured home park or subdivision. A means of breakaway walls, if the breakaway parcel (or contiguous parcels) of land walls meet the standards of subsection divided into two or more manufactured 12.4.5(R)(2)(c)(iii). home lots for rent or sale. Existing 3. Historic structure. Any structure that is: manufactured home park or subdivision a. Listed individually in the National shall mean a manufactured home park or Register of Historic Places (a listing subdivision that was recorded in the deed maintained by the Department of registry prior to July 17, 1986. Interior) or preliminarily determined by the Secretary of the Interior as 12.3.2 Development classifications meeting the requirements for A. Development. Any human-made change to individual listing on the National improved or unimproved real estate. This Register; includes, but is not limited to, buildings or other b. Certified or preliminarily determined structures; mining, dredging, filling, grading, by the Secretary of the Interior as paving, excavation, drilling operations or storage 12-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 740 FLOODPLAIN MANAGEMENT of equipment or materials; and the storage, renovations, or additions, whose value is less deposition, or extraction of materials. than 50% of the market value of the structure. It B. New construction. Structures for which the also includes, but is not limited to: accessory "start of construction" commenced on or after structures as provided in subsection 12.4.5(L), July 17, 1986 and includes any subsequent mining, dredging, filling, grading, paving, improvements to such structures. For purposes excavation, drilling operations, storage of of this article, start of construction shall mean equipment or materials, deposition or extraction the date the building permit was issued, of materials, public or private sewage disposal provided the actual start of construction, repair, systems or water supply facilities that do not reconstruction, rehabilitation, addition, involve structures; and non-structural projects placement, substantial improvement or other such as bridges, dams, towers, fencing, pipelines, improvement was within 180 days of the permit wharves, and piers date. The actual start means either the first D. Substantial damage. Damage of any origin placement of permanent construction of a sustained by a structure whereby the cost of structure on a site, such as the pouring of slab or restoring the structure to its before damage footings, the installation of piles, the condition would equal or exceed 50% of the construction of columns, or any work beyond market value of the structure before the damage the stage of excavation; or the placement of a occurred. manufactured home on a foundation. E. Substantial improvement. Any, Permanent construction does not include land reconstruction, rehabilitation, addition, or preparation, such as clearing, grading and filling; other improvement of a structure, the cost of nor does it include the installation of streets which equals or exceeds 50% of the market and/or walkways; nor does it include excavation value of the structure before start of for basement, footings, piers, or foundations or construction of the improvements. This term the erection of temporary forms; nor does it includes structures which have incurred include the installation on the property of substantial damage, regardless of the actual accessory buildings, such as garages or sheds work performed. The term does not, however, not occupied as dwelling units or not part of the include: main structure. For a substantial improvement, 1. Any project for improvement of a the actual start of construction means the first structure to correct existing violations of alteration of any wall, ceiling, floor, or other state or local health, sanitary, or safety structural part of a building, or modification of code specifications which have been any construction element, whether or not that identified by the local code enforcement alteration affects the external dimensions of the official and which are the minimum building. necessary to assure safe living conditions. C. Minor development. All development that is 2. Any alteration of a historic structure, not new construction or a substantial provided that the alteration will not improvement, such as repairs, maintenance, preclude the structure’s continued FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-3 Page 741 FLOODPLAIN MANAGEMENT designation as a historic structure, and a D. A map with address indicating the location of variance is obtained from the Zoning the development site. Board of Appeals. E. A plan showing the location of existing and proposed development, including but not 12.4 FLOOD HAZARD DEVELOPMENT PERMIT limited to specific dimensions of existing and 12.4.1 Permit required proposed structure(s), wastewater disposal A. The Zoning Administrator shall be designated as facilities, water supply facilities, areas to be cut the local floodplain administrator. The floodplain and filled, and the dimensions of the lot. administrator shall have the authority to F. A statement of the intended use of any implement the commitment made to administer structure and/or development. and enforce the requirements for participation G. A statement of the cost of the development in the National Flood Insurance Program. including all materials and labor. B. Before any construction or other development H. A statement of the type of wastewater disposal as defined Subsection 12.3.2, including the system proposed. placement of manufactured homes, begins I. Specification of dimensions of the proposed within any areas of special flood hazard, a Flood structure and/or development. Hazard Development Permit shall be obtained J. For new construction and substantial from the Building Authority, except as improvements, the elevation in relation to the established in Section 12.5. This permit shall be National Geodetic Vertical Datum (NGVD), required prior to issuance of a building permit, if North American Vertical Datum (NAVD), or to one is required, and shall be in addition to any a locally established datum for Zone A only, of other permit, site plan, and subdivision review the: which may be required pursuant to the codes 1. Base flood at the proposed site of all new and ordinances of the City of Portland. If only a or substantially improved structures, which site plan is required for a development, the is determined: Flood Hazard Development Permit shall be a. In Zones AE, AO, AH, , and VE from obtained prior to approval of the site plan. data contained in the Flood Insurance Study — Cumberland County, Maine. 12.4.2 Filing of application b. In Zone A: The application for a Flood Hazard Development i. From any base flood elevation Permit shall be submitted in writing to the Building data from federal, state, or other Authority and shall include the following: technical sources (such as FEMA’s A. A final site plan, where applicable, showing Quick-2 model, FEMA 265), information as required by Article 143. including information obtained B. A final subdivision plat, where applicable, pursuant to Subsection 12.4.5(M) providing information as required in Article 154. and 12.4.4.(B)4, or C. The name, address, and phone number of the ii. In the absence of all data applicant, owner, and contractor. described in Subsection 12-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 742 FLOODPLAIN MANAGEMENT 12.4.2(J)(1)(b)(i), information to that the floodproofing methods for any demonstrate that the structure nonresidential structures will meet the shall meet the elevation floodproofing criteria of Subsection requirement in Subsections 12.4.5(I); and other applicable standards of 12.4.5(H)(4)(b), 12.4.5(I)(4)(b), or Subsection 12.4.5. 12.4.5(J)(4)(b). 2. A V-Zone Certificate to verify that the 2. Highest and lowest grades at the site construction in coastal high hazard adjacent to the walls of the proposed areas, Zones VE and Coastal AE, will meet building. the criteria of Subsection 12.4.5(R); and 3. Lowest floor, including basement, and other applicable standards in Subsection whether or not such structures contain a 12.4.5. basement. 3. A Hydraulic Openings Certificate to verify 4. Lowest machinery and equipment that engineered hydraulic openings in servicing the building. foundation walls will meet the standards of 5. Level, in the case of nonresidential Subsection 12.4.5(N)(2)(a) structures only, to which the structure will N. A certified statement from a registered be floodproofed. professional engineer or architect that bridges K. For new construction and substantial will meet the standards of Subsection 12.4.5(O) improvements, a description of an elevation O. A certified statement from a registered reference point established on the site of all professional engineer or architect new developments for which elevation that containment walls will meet the standards standards apply as required in Subsection of Subsection 12.4.5(P). 12.4.5. P. A description of the extent to which any L. For new construction and substantial watercourse will be altered or relocated as a improvements, a written certification by: result of the proposed development. 1. A professional land surveyor that the grade Q. A statement of construction plans describing in elevations shown on the application are detail how each applicable development accurate. standard in Subsection 12.4.5 will be met. 2. A professional land surveyor, registered R. Cross section(s) of the site acceptable to the professional engineer or architect that the Public Works Authority. base flood elevation shown on the application is accurate 12.4.3 Fee M. For new construction and substantial A nonrefundable Flood Hazard Development Permit improvements, the following certifications as fee as established by the City Council for all minor required in Subsection 12.4.5 by a registered development and for all new construction and professional engineer or architect: substantial improvements shall be paid to the 1. A floodproofing certificate (FEMA form Building Authority, and a copy of a receipt for the FF-206-FY-22-153, as amended) to verify same shall accompany the application. An FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-5 Page 743 FLOODPLAIN MANAGEMENT additional fee may be charged if the Code 2. All public utilities and facilities, such as Enforcement Officer, Planning Board, and/or Board sewer, gas, electrical and water systems of Appeals needs the assistance of a professional are located and constructed to minimize engineer or other expert. The expert’s fee shall be or eliminate flood damages. paid in full by the applicant within 10 days after the 3. Adequate drainage is provided so as to City submits a bill to the applicant. Failure to pay reduce exposure to flood hazards. the bill shall constitute a violation of the ordinance 4. All proposals include base flood elevations, and be grounds for issuance of a stop work order. flood boundaries and, in a riverine An expert shall not be hired by the City at the floodplain, floodway data. These expense of an applicant until the applicant has determinations shall be based on either consented to such hiring in writing or been engineering practices recognized by the given an opportunity to be heard on the subject. An Federal Emergency Management Agency. applicant who is dissatisfied with a decision to hire 5. Any proposed development plan must expert assistance may appeal that decision to the include a condition of plan approval Board of Appeals. requiring that structures on lots in the development be constructed in 12.4.4 Review procedure accordance with Subsection 12.4.5 of this A. Upon determination by the Building Authority article. Such requirement shall be included that an application is complete, the Building in any deed, lease, purchase and sale Authority shall coordinate review of the agreement, or document transferring or application by the City to assure that proposed expressing an intent to transfer any developments are reasonably safe from interest in real estate or structure, flooding. No permit shall be issued until the including but not limited to a time-share Building Authority finds that the development interest. The condition shall clearly proposal is in compliance with the standards of articulate that the municipality may this article. Compliance with the provisions of enforce any violation of the construction this article shall be required prior to beginning requirement. The construction any development as defined herein. requirement shall also be clearly stated on B. The Building Authority shall, when reviewing any map, plat, or plan as part of the subdivisions under Article 15 14 and other approval process. proposed developments that require review C. In the review of all Flood Hazard Development under Article 14 15 or federal law, state law, or Permit applications for compliance with the local ordinances or regulations and all projects standards herein: on five or more acres, or in the case of 1. The Building Authority shall utilize: manufactured home parks divided into two or a. The base flood and floodway data more lots, assure that: contained in the Flood Insurance 1. All such proposals are consistent with the Study – Cumberland County, Maine, as need to minimize flood damage. described in Section 12.2. 12-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 744 FLOODPLAIN MANAGEMENT b. In special flood hazard areas where finally issued until proof of issuance of all base flood elevation and floodway such other permits is received by the data are not provided in the above Building Authority. cited study, the Building Authority 4. The Building Authority shall notify adjacent shall obtain, review, and reasonably municipalities, the Maine Department of utilize any base flood elevation and Environmental Protection and the Maine floodway data available from federal, Floodplain Management Program, prior to state, or other technical sources, any alteration or relocation of a including information obtained watercourse, and submit copies of such pursuant to Subsection notifications to the Federal Emergency 12.4.2(J)(1)(b)(i), 12.4.5(M), and Management Agency. 12.4.4(B)(4), in order to administer 5. The Building Authority shall maintain, as a this article. permanent record, copies of all Flood c. When a base flood elevation is Hazard Development Permit applications, established in a Zone A by methods corresponding permits issued, and data outlined in Section 12.4.2(J)(1)(b)(ii), relevant thereto, including reports of the that data shall be submitted to the Board of Appeals on variances granted Maine Floodplain Management under the provisions of Section 12.7 of this Program. article, and copies of elevation certificates, 2. The Building Authority shall make floodproofing certificates, certificates of interpretations of the location of compliance, and certifications of design boundaries of special flood hazard areas standards required under the provisions of shown on the maps described in Section Sections 12.4 and 12.6. 12.2. 3. Prior to approval of issuance of the Flood 12.4.5 Review standards Hazard Development Permit, the Building All development in areas of special flood hazard Authority shall determine that all necessary shall meet the following standards: permits have been obtained from those A. All development. All development shall: federal, state, and local authorities from 1. Be designed or modified and adequately which prior approval is required by federal anchored to prevent flotation (excluding or state law, including but not limited to piers and docks), collapse, or lateral Section 404 of the Federal Water Pollution movement of the structure resulting from Control Act Amendments of 1972 (33 U.S.C. hydrodynamic and hydrostatic loads, 1344 as may be amended from time to including the effects of buoyancy. time), provided, however, that conditional 2. Use construction materials that are approval may be granted pending proof of resistant to flood damage. receipt of any required permits, but no 3. Use construction methods and practices Flood Hazard Development Permit shall be that will minimize flood damage. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-7 Page 745 FLOODPLAIN MANAGEMENT 4. Use electrical, heating, ventilation, 2. Zone VE shall meet the requirements of plumbing, and air conditioning equipment, Subsection 12.4.5(R)(2)(a). and other service facilities that are G. Physical changes to the natural landscape. designed and/or located so as to prevent Certain development projects, including but water from entering or accumulating not limited to, retaining walls, sea walls, levees, within the components during flooding berms, and rip rap, can cause physical changes conditions. that affect flooding conditions. B. Water supply. All new and replacement water 1. All development projects in Zones AE, supply systems shall be designed to minimize or Coastal AE, and VE that cause physical eliminate infiltration of flood waters into the changes to the natural landscape shall be systems. reviewed by a professional C. Sanitary sewage systems. All new and engineerqualified professional to replacement sanitary sewage systems shall be determine whether or not the project designed and located to minimize or eliminate changes the base flood elevation, zone, infiltration of flood waters into the system and and/or the flood hazard boundary line. For discharges from the system into flood waters. the purposes of this article, qualified D. On-site waste disposal systems. On site professional shall mean an individual either waste disposal systems shall be located and licensed by the State of Maine or qualified constructed to avoid impairment to them or in another manner to perform the contamination from them during floods. specified work in accordance with all E. Altered or relocated watercourses. All applicable design standards and codes, and development associated with altered or whose qualifications indicate that the work relocated portions of a watercourse shall be as designed and as performed will not constructed and maintained in such a manner increase flood risk to public safety. If the that no reduction occurs in the flood carrying qualified professional is not licensed by the capacity of the watercourse. State of Maine, the local permitting F. Utilities. New construction or substantial authority shall request that the qualified improvement of any structure (including professional identify their qualifications in manufactured homes) located within: writing. 1. Zones A, AE, AO, and AH shall have the a. If the qualified bottom of all electrical, heating, plumbing, professionalprofessional engineer ventilation and air conditioning equipment, determines, through the use of permanent fixtures and components, engineering judgementstandard HVAC ductwork and duct systems, and any practices, that the project would not other utility service equipment, facilities, necessitate a Letter of Map Revision machinery, or connections servicing a (LOMR), a certified statement shall be structure, elevated to at least two feet provided. above the base flood elevation. 12-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 746 FLOODPLAIN MANAGEMENT b. If the qualified 3. Zone AO shall have the lowest floor professionalprofessional engineer (including basement) elevated above the determines that the project may cause highest adjacent grade: a change, a hydrologic and hydraulic a. At least two feet higher than the analysis that meets current FEMA depth specified in feet on the Flood standards shall be performed. Insurance Rate Map, or 2. If the hydrologic and hydraulic analysis b. At least three feet if no depth number performed indicates a change to the base is specified. flood elevation, zone, and/or the flood 4. Zone A shall have the lowest floor hazard boundary line, the applicant may (including basement) elevated: submit a Conditional Letter of Map a. To at least two feet above the base Revision (C-LOMR) request to the Federal flood elevation utilizing information Emergency Management Agency for obtained pursuant to Subsections assurance that the as-built project will 12.4.2(J)(1)(b)(i))(), 12.4.4(C), or result in a change to the Flood Insurance 12.4.4(B)(4), or Rate Map. Once the development is b. In the absence of all data completed, a request for a Letter of Map described above, to at Revision (LOMR) shall be initiated; or. least two feet above the 3. If the hydrologic and hydraulic analysis highest adjacent grade to the performed show a change to the base structure. flood elevation, zone, and/or the flood 5. Zones VE and Coastal AE shall meet the hazard boundary line, as soon as requirements of Subsection 12.4.5(R). practicable, but no later than six months I. Nonresidential. New construction or after the completion of the project, the substantial improvement of any nonresidential applicant shall submit the technical data to structure located within: FEMA in the form of a Letter of Map 1. Zones AE, AO, and AH shall have the Revision request. lowest floor (including basement) elevated H. Residential. New construction or substantial to at least two feet above the base flood improvement of any residential structure elevation, or together with attendant utility located within: and sanitary facilities shall: 1. Zones AE, AO, and AH shall have the lowest a. Be floodproofed to at least two feet floor (including basement) elevated to at above the base flood elevation so that least two feet above the base flood below that elevation the structure is elevation. watertight with walls substantially 2. Zones AO and AH shall have adequate impermeable to the passage of water; drainage paths around structures on slopes, b. Have structural components capable to guide flood water away from the of resisting hydrostatic and proposed structures. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-9 Page 747 FLOODPLAIN MANAGEMENT hydrodynamic loads and the effects of b. In the absence of all data described in buoyancy; and Subsection 12.4.5(I)(4)(a), to at least c. Be certified by a registered two feet above the highest adjacent professional engineer or architect that grade to the structure, or the design and methods of c. Together with attendant utility and construction are in accordance with sanitary facilities, be floodproofed to accepted standards of practice for two feet above the base elevation meeting the provisions of this section. established in Subsection Such certification shall be provided 12.4.5(I)(4)(a) or (b) above and meet with the application for a Flood the floodproofing standards of Hazard Development Permit, as Subsection 12.4.5(I)(1)(a), (b), and (c). required by Subsection 12.4.2(M)(N), 5. Zones VE and Coastal AE shall meet the and (O) and shall include a record of requirements of Subsection 12.4.5(R). the elevation above mean sea level to J. Manufactured homes. New or substantially which the structure is floodproofed. improved manufactured homes located within: 2. Zones AO and AH shall have adequate drainage paths 1. Zones AE, AO, and AH shall: around structures on slopes, to guide flood water a. Be elevated such that the lowest floor away from the proposed structures. is at least two feet above the base 3. Zone AO shall have the lowest floor flood elevation; (including basement) elevated above the b. Be on a permanent foundation, highest adjacent grade: which may be poured masonry slab a. At least two feet higher than the or foundation walls, with hydraulic depth specified in feet on the Flood openings, or may be reinforced piers Insurance Rate Map; or or block supports, any of which b. At least three feet if no depth number support the manufactured home so is specified; or that no weight is supported by c. Together with attendant utility and its wheels and axles; and sanitary facilities be floodproofed to c. Be securely anchored to an meet the elevation requirements of adequately anchored foundation this subsection and floodproofing system to resist flotation, collapse, or standards of Subsection 12.4.5(I). lateral movement. Methods of 4. Zone A shall have the lowest floor anchoring may include, but are not (including basement) elevated: limited to: a. To at least two feet above the base i. Over the top ties anchored to the flood elevation utilizing information ground at the four corners of the obtained pursuant to Subsections manufactured home, plus two 12.4.2(K)(1)(b)(i), 12.4.4(C), additional ties per side at 12.4.4(B)(4); or intermediate points 12-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 748 FLOODPLAIN MANAGEMENT (manufactured homes less than b. In the absence of all data described in 50 feet long require one Section 12.4.5(J)(4)(a), to at least two additional tie per side). feet above the highest adjacent grade ii. Frame ties at each corner of the to the structure, and home, plus five additional ties c. Meet the anchoring requirements of along each side at intermediate Subsection 12.4.5(J)(1)(c). points (manufactured homes less 5. Zones VE and Coastal AE shall meet the than 50 feet long require four requirements of Subsection 12.4.5(R). additional ties per side). K. Recreational vehicles. Recreational vehicles iii. All components of the anchoring located within: system shall be capable of 1. Zones A, AE, AO, and AH shall either: carrying a force of 4,800 pounds. a. Be on the site for fewer than 180 2. Zones AO and AH shall have adequate consecutive days, and drainage paths around structures on b. Be fully licensed and ready for highway slopes, to guide flood water away from the use. A recreational vehicle is ready for proposed structures. highway use if it is on its wheels or 3. Zone AO shall have the lowest floor jacking system, is attached to the site (including basement) elevated above the only be quick disconnect type utilities highest adjacent grade: and security devices, and has no a. At least two feet higher than the permanently attached additions, or depth specified in feet on the Flood c. Be permitted in accordance with the Insurance Rate Map, or elevation and anchoring requirements b. At least three feet if no depth number for manufactured homes in is specified, and Subsection 12.4.5(J)(1). c. Meet the anchoring requirements of 2. Zones VE and Coastal AE shall meet the Subsection 12.4.5(J)(1)(c). requirements of either Subsection 4. Zone A shall: 12.4.5(K)(1)(a) and(b), or 12.4.5(R). a. Be elevated on a permanent L. Accessory structures. New construction or foundation, as described in Subsection substantial improvement of accessory 12.4.5(J)(1)(b), such that the lowest structures, as defined in Subsection 12.3.1, shall floor (including basement of the be exempt from the elevation criteria required manufactured home is at least two Subsections 12.4.5(H) and (I) if all other feet above the base flood elevation requirements of Subsection 12.4.5 and all the utilizing information obtained following requirements are met. pursuant to Subsection 1. Accessory structures located within Zones 12.4.2(J)(1)(b)(i), 12.4.4(C), or A, AE, AO, AH shall: 12.4.4(B)(4), or a. Meet the requirements of Subsection 12.4.5(A)(1) to (4) as applicable. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-11 Page 749 FLOODPLAIN MANAGEMENT b. Be limited in size to a one-story two- within the city during the occurrence of car garage. the base flood discharge. c. Have unfinished interiors and not be 2. In Zones A and AE riverine areas for which used for human habitation. no regulatory floodway is designated, d. Have hydraulic openings, as specified encroachments, including fill, new in Subsection 12.4.5(N)(2), in at least construction, substantial improvement, two different walls of the accessory and other development shall not be structure. permitted in the floodway as determined e. Be located outside the floodway. in (3) below, unless a technical evaluation f. When possible be constructed and certified by a registered professional placed on the building site so as to engineer is provided demonstrating that offer the minimum resistance to the the cumulative effect of the proposed flow of flood waters and be placed development, when combined with all further from the source of flooding other existing development and than is the primary structure. anticipated development: g. Have only ground fault interrupt a. Will not increase the water surface electrical outlets. The electric service elevation of the base flood more than disconnect shall be located above the one foot at any point within the city. base flood elevation and when b. Is consistent with the technical criteria possible outside the special flood contained in FEMA’s guidelines and hazard area. standards for flood risk analysis and h. Be located outside the Coastal AE mapping. Zone. 3. In Zones A and AE riverine areas for which 2. Accessory structures in Zones VE and no regulatory floodway is designated, the Coastal A shall meet the requirements of regulatory floodway is determined to be Subsection 12.4.5(R). the channel of the river or other M. Floodways watercourse and the adjacent land areas to 1. In Zone AE riverine areas, encroachments, a distance of 1/2 the width of the floodplain including fill, new construction, substantial as measured from the normal high-water improvement, and other development shall mark to the upland limit of the floodplain. not be permitted within a regulatory Encroachments, including fill, new floodway designated on the Flood construction, substantial improvement, Insurance Rate Map unless a technical and other development shall not be evaluation certified by a registered permitted unless a technical evaluation professional engineer is provided certified by a registered professional demonstrating that such encroachments engineer is provided meeting the will not result in any increase in flood levels requirements of (2) above. 12-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 750 FLOODPLAIN MANAGEMENT N. Hydraulic openings/flood vents. New electrical and other non- construction or substantial improvement of automatic mechanical means. any structure in Zones A, AE, AO, and AH that 3. The enclosed area shall not be used for meets the development standards of human habitation. Subsection 12.4.5, including the elevation 4. The enclosed areas are usable solely for requirements of Subsection 12.4.5(H), (I), or (J) building access, parking vehicles, or storing and is elevated on posts, columns, piers, piles, of articles and equipment used for or crawl spaces may be enclosed below the maintenance of the building. base flood elevation requirements provided all O. Bridges. New construction or substantial the following criteria are met or exceeded: improvement of any bridge in Zones A, AE, AO, 1. Enclosed areas are not basements as AH, and VE shall be designed such that: defined in Article 3. 1. When possible, the lowest horizontal 2. Enclosed areas shall be designed to member (excluding the pilings, or automatically equalize hydrostatic flood columns) is elevated to at least two feet forces on exterior walls by allowing for the above the base flood elevation. entry and exit of flood water. Designs for 2. A registered professional engineer shall meeting this requirement must either: certify that: a. Be engineered and certified by a a. The structural design and methods of registered professional engineer or construction shall meet the elevation architect, or requirements of this section and the b. Meet or exceed the following floodway standards of Subsection minimum criteria: 12.4.5(M). i. A minimum of two openings b. The foundation and superstructure having a total net area of not less attached thereto is anchored to resist than one square inch for every flotation, collapse, and lateral square foot of the enclosed area; movement due to the effects of wind ii. The bottom of all openings shall and water loads acting simultaneously be below the base flood elevation on all structural components. Water and no higher than two feet loading values used shall be those above the lowest grade. associated with the base flood. iii. Openings may be equipped with P. Containment walls. New construction or screens, louvers, valves, or other substantial improvement of any containment coverings or devices provided wall shall meet the following requirements by that they permit the entry and zone: exit of flood waters automatically 1. Zones A, AE, AO, AH, and VE shall: without any external influence or a. Have the containment wall elevated control such as human to at least two feet above the base intervention, including the use of flood elevation; FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-13 Page 751 FLOODPLAIN MANAGEMENT b. Have structural components capable safe from flooding, and shall not increase of resisting hydrostatic and flood risk, or hydrodynamic loads and the effects of 2. In Zone VE, permanent wharves, piers, and buoyancy. docks shall have a qualified c. Be certified by a registered professionalregistered professional professional engineer or architect that engineer develop or review the structural the design and methods of design, specifications, and plans for construction are in accordance with construction and specifications, must be accepted standards of practice for designed to be reasonably safe from meeting the provisions of this section. flooding, and shall not increase flood risk. Such certification shall be provided R. Coastal floodplains with the application for a Flood 1. All new construction located within Zones Hazard Development Permit, as AE and VE shall be located landward of the required by Subsection 12.4.2(M), (N), reach of mean high tide except as provided and (O). in Subsection 12.4.5(R)(68). 2. Zones AO and AH shall have adequate 2. New construction or substantial drainage paths around containment walls improvement of any structure located on slopes, to guide flood water away from within Zones VE or Coastal AE shall: the proposed walls. a. Have the bottom of all electrical, 3. Zone AO shall have the top of the heating, plumbing, ventilation and air containment wall elevated above the conditioning equipment, permanent highest adjacent grade: fixtures and components, HVAC a. At least two feet higher than the depth ductwork and duct systems, and any specified in feet on the Flood Insurance other utility service equipment, Rate Map, or facilities, machinery, or connections b. At least three feet if no depth number is servicing a structure, elevated to at specified, and least two feet above the base flood c. Shall meet the requirements of elevation. Systems, fixtures, Subsection 12.4.5(P)(1)(b) and (c). equipment, and components shall not Q. Wharves, piers, and docks. New construction be mounted on or penetrate through or substantial improvement of wharves, piers, walls intended to break away under and docks are permitted in and over water and flood loads. seaward of the mean high tide if the following b. Be elevated on posts or columns such requirements are met: that: 1. In Zones A, AE, Coastal AE, AO, and AH, i. The bottom of the lowest permanent wharves, piers, and docks shall horizontal structural member of comply with all applicable local, state, and the lowest floor (excluding the federal regulations, must be reasonably pilings or columns) is elevated to 12-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 752 FLOODPLAIN MANAGEMENT two feet above the base flood criteria contained in the Coastal elevation. Construction Manual (FEMA-55). ii. The pile or column foundation ii. Certify that the design and and the elevated portion of the methods of construction to be structure attached thereto is used are in accordance with anchored to resist flotation, accepted standards of practice collapse, and lateral movement for meeting the criteria of due to the effects of wind and Subsections 12.4.5(R)(2)(b), (c), water loads acting simultaneously and (d). on all building components. 3. The use of fill for structural support in iii. Water loading values used shall Zones VE and Coastal AE is prohibited. be those associated with the base 4. Human alteration of sand dunes within flood. Wind loading values used Zones VE and Coastal AE is prohibited shall be those required by unless it can be demonstrated that such applicable state and local building alterations will not increase potential flood standards. damage. c. Have the space below the lowest floor: 5. The area below the lowest floor may be i. Free of obstructions, or used solely for parking vehicles, building ii. Constructed with open wood access, and storage. lattice work or insect screening 6. Physical changes to the natural landscape intended to collapse under wind in Zone VE are subject to the minimum and water without causing requirements of Subsection 12.4.5(G). collapse, displacement, or other 5.7. Wharves, piers, and docks in Zone VE are structural damage to the elevated subject to the requirements of Subsection portion of the building or 12.4.5(Q). supporting piles or columns, or 6.8. Lobster sheds and fishing sheds may be iii. Constructed with non-supporting located seaward of mean high tide and breakaway walls which have a shall be exempt from the elevation design safe loading resistance of requirement in Subsection 12.4.5(I) only if not less than 10 or more than 20 reviewed and approved as a conditional pounds per square foot. use by the Zoning Board of Appeals, as d. Require a registered professional provided in Section 12.5, and if all the engineer or architect to: following requirements of Subsections i. Develop or review the structural 12.4.5(A), (M), and (N) are met: design, specifications, and plans a. The conditional use shall be limited to for the construction, which must low value structures such as metal or meet or exceed the technical wood sheds 200 square feet or less FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-15 Page 753 FLOODPLAIN MANAGEMENT and shall not exceed more than one Development Permits based on the type of story. development: b. The structure shall be securely 1. Two-part Flood Hazard Development anchored to the wharf or pier to resist Permit for elevated structures. Part I shall flotation, collapse, and lateral authorize the applicant to build a structure movement due to the effect of wind to and including the first horizontal floor and water loads acting simultaneously only above the base flood level. At that on all building components. time the applicant shall provide the Code c. The structure will not adversely Enforcement Officer with an “under increase wave or debris impact forces construction” elevation certificate (FEMA affecting nearby buildings. form FF-206-FY-22-152) completed by a d. The structure shall have unfinished professional land surveyor based on the interiors and shall not be used for Part I permit construction, “as built,” for human habitation. verifying compliance with the elevation e. Any mechanical, utility equipment and requirements of Subsections 12.4.5(H), (I), fuel storage tanks must be anchored (J), or (R). Following review of the and either elevated or floodproofed elevation certificate data, which shall take to two-feet above the base flood place within 72 hours of receipt of the elevation. application, or as soon as practicable f. All electrical outlets shall be ground thereafter, the Code Enforcement Officer fault interrupt type. The electrical shall issue Part II of the Flood Hazard service disconnect shall be located on Development Permit. Part II shall authorize shore above the base flood elevation the applicant to complete the construction and when possible outside the special project. flood hazard area. If a flood hazard 2. Flood Hazard Development Permit for permit application is granted, the floodproofing of nonresidential structures. applicant shall be notified in writing This permit shall apply for nonresidential that flood insurance is not available structures that are new construction or for structures located entirely over substantially improved nonresidential water or seaward of mean high tide. structures that are not being elevated but that meet the floodproofing standards of Subsection 12.4.5(I)(1). The application for 12.4.6 Permit this permit shall include a floodproofing A. Upon determination that the development or certificate signed by a registered substantial improvement plan is in compliance professional engineer or architect. with this article, the Building Authority shall 3. Flood Hazard Development Permit for issue one of the following Flood Hazard minor development. This permit shall apply for all other development and 12-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 754 FLOODPLAIN MANAGEMENT building permits that are not new will be satisfied may serve as the application for construction or a substantial the conditional use review. improvement, such as repairs, B. Before deciding any application, the Zoning maintenance, renovations, or additions, Board of Appeals shall hold a public hearing on whose value is less than 50% of the market the application within thirty days of their value of the structure. This includes, but is receipt of the application. not limited to: accessory structures as C. If the Zoning Board of Appeals finds that the provided for in Subsection 12.4.5(L), application satisfies all relevant requirements of mining, dredging, filling, grading, paving, this article, the Zoning Board of Appeals must excavation, drilling operations, storage of approve the application or approve equipment or materials, deposition or with conditions within 45 days of the date of extraction of materials, public or private the public hearing. sewage disposal systems or water supply D. A conditional use approval issued under the facilities that do not involve structures, and provisions of this article shall expire if the work nonstructural projects such as bridges, or change involved is not commenced within dams, towers, fencing, pipelines, wharves, 180 days of the approval by the Zoning Board and piers. of Appeals. B. For development that requires review and E. The applicant shall be notified by the Zoning approval as a conditional use, as provided for in Board of Appeals in writing over the signature this article, the Flood Hazard Development of the Chair of the Board of Appeals that Permit application shall be acted upon by the flood insurance is not available for structures Zoning Board of Appeals as required under located entirely over water or seaward of mean Section 12.5. high tide. 12.5 CONDITIONAL USE REVIEW 12.5.3 Expansion of conditional uses 12.5.1 Review authority No existing building or use of premises may be The Zoning Board of Appeals shall hear and expanded or enlarged without approval under this approve, approve with conditions, or disapprove all section if that building or use was stablished or applications for conditional uses provided for in this constructed under a previous conditional use article. An applicant informed by the Building approval or if it is a building or use which would Authority that a conditional use approval is required require a conditional use approval if being newly- shall file an application for the permit with the established or constructed under this article. Zoning Board of Appeals. 12.5.2 Review procedure 12.6 CERTIFICATE OF COMPLIANCE A. The Flood Hazard Development Permit A. A certificate of compliance shall be signed by application with additional information the Building Authority stating that a structure is attached addressing how each of the in compliance with all of the provisions of this conditional use criteria specified in this article article. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-17 Page 755 FLOODPLAIN MANAGEMENT B. No land in an area of special flood hazard shall 12.7.1 Authority be occupied or used in violation of this article, A. The Zoning Board of Appeals of the City of and no structure in such an area which is Portland may, upon written application of an developed or substantially improved shall be aggrieved party, hear and decide appeals where occupied until a certificate of compliance is it is alleged that there is an error in any order, issued by the Building Authority. Said certificate requirement, decision, or determination made, of compliance shall be issued only after the or failure to act, in the administration or Building Authority has received all permits and enforcement of the provisions of this article. certificates from the applicant as required by B. The Board of Appeals may authorize variances, this article. meaning the granting of relief from the C. For new construction or substantial provisions of this article, as authorized in improvement of any elevated structure, the Subsection 2.3.11 except: applicant shall submit to the Building Authority: 1. As otherwise expressly provided in 1. An elevation certificate (FEMA form FF- Subsection 2.3.11(E). 206-FY-22-152) completed by a 2. Variances shall not be granted within any professional land surveyor for compliance designated regulatory floodway if any with Subsection 12.4.5(H), (I), (J), or (R). increase in flood levels during the base 2. For structures in Zones VE and Coastal AE, flood discharge would result. a written certification by a registered professional engineer or architect shall be 12.7.2 Standards provided to the Building Authority stating Subsection 2.3.11 notwithstanding, variances from that the design and methods of the requirements of this article shall be granted only construction used are in compliance with upon: the applicable provisions of Subsection A. A showing of good and sufficient cause. 12.4.5(R)(2)(b), (c), and (d). B. A determination that should a flood D. The applicant shall submit written notification comparable to the base flood occur, the to the Building Authority that the development granting of a variance will not result in is complete and complies with the provisions of increased flood heights, additional threats to this article. public safety, or public expense, or create E. Within 10 working days, the Building Authority nuisances, cause fraud or victimization of the shall review the elevation certificate (FEMA public, or conflict with existing local laws or form FF-206-FY-22-152) and the applicant’s ordinances. written notification and, upon determination C. A showing that the issuance of the variance will that the development conforms with the not conflict with other state, federal, or local provisions of this article, shall issue a certificate laws or ordinances. of compliance. D. A determination that failure to grant the variance would result in “undue hardship,” 12.7 VARIANCES AND APPEALS which in this subsection means: 12-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 756 FLOODPLAIN MANAGEMENT 1. That the land in question cannot yield a preclude the structure’s continued reasonable return unless a variance is designation as a historic structure and the granted. variance is the minimum necessary to 2. That the need for a variance is due to the preserve the historic character and design unique circumstances of the property and of the structure. not to the general conditions in the C. Variances may be issued for new construction neighborhood. and substantial improvement of agricultural 3. That the granting of a variance will not structures being used for the conduct of alter the essential character of the locality. agricultural uses provided that: 4. That the hardship is not the result of 1. The development meets the criteria of action taken by the applicant or a prior Subsection 12.7.2 and Subsection 12.4.5 are owner. met. E. Variances shall only be issued upon a 2. The development meets the criteria of determination that the variance is the minimum Subsection 12.4.5(M) and (N). necessary, considering the flood hazard, to afford relief, and the Zoning Board of Appeals 12.7.4 Notice to applicants may impose such conditions to a variance as is Any applicant who meets the criteria of Subsections deemed necessary. 12.7.2 and 12.7.3(A), (B), or (C) shall be notified by the Board of Appeals in writing with the signature of 12.7.3 Standards for specific variances the Chair of the Board of Appeals that: A. Variances may be issued for new construction, A. The issuance of a variance to construct a substantial improvements, or other structure below the base flood level will result development for the conduct of a functionally- in greatly increased premium rates for flood dependent use provided that: insurance up to amounts as high as $25 per 1. The criteria in Subsection 12.7.2 and $100 of insurance coverage. 12.4.5(M) are met. B. Such construction below the base flood level 2. The structure or other development is increases risks to life and property. protected by methods that minimize flood C. The applicant agrees in writing that the damage during the base flood and create applicant is fully aware of all the risks inherent no additional threats to public safety. in the use of land subject to flooding, assumes B. Variances may be issued for the repair, those risks and agrees to indemnify and defend reconstruction, rehabilitation, or restoration of the municipality against any claims filed against historic structures upon the determination it that are related to the applicant’s decision to that: use land located in a floodplain and that the 1. The development meets the criteria of applicant individually releases the municipality Subsection 12.7.2. from any claims the applicant may have against 2. The proposed repair, reconstruction, the municipality that are related to the use of rehabilitation, or restoration will not land located in a floodplain. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-19 Page 757 FLOODPLAIN MANAGEMENT reports of the Board of Appeals on variances 12.7.5 Record of variances granted hereunder. The Board of Appeals shall submit to the Building B. The Building Authority shall be responsible for Authority a report of all variance actions, including filing such annual reports regarding justification for the granting of the variance and an participation in the National Flood Insurance authorization for the Building Authority to issue a Program as may be required by FEMA. Said Flood Hazard Development Permit, which includes annual reports shall include, but not be limited any conditions to be attached to said permit. to, a report on implementation of this article and on any variances granted hereunder. A 12.7.6 Appeal procedure copy of such annual reports shall also be sent A. An administrative appeal may be taken to the to the Maine Floodplain Management Program. Board of Appeals by an aggrieved party within 30 days after receipt of a written decision of 12.9 PENALTIES the Building Authority. It shall be the duty of the Building Authority to B. Upon being notified of an appeal, the Building enforce the provisions of this ordinance pursuant to Authority shall transmit to the Board of Title 30-A M.R.S. § 4452. The penalties contained in Appeals all of the documents constituting the Title 30-A M.R.S. § 4452 shall apply to any violation record of the decision appealed from. of this ordinance. In addition to any other actions, C. The Board of Appeals shall hold a public the Building Authority, upon determination that a hearing on the appeal within 35 days of its violation exists, shall submit a declaration to the receipt of an appeal request. Administrator of the Federal Insurance D. The person filing the appeal shall have the Administration requesting a denial of flood burden of proof. insurance. The valid declaration shall consist of: E. The Board of Appeals shall decide all appeals A. The name of the property owner and address within 35 days after the close of the hearing and or legal description of the property sufficient to shall issue a written decision on all appeals. confirm its identity and location. F. Any aggrieved party who participated as a party B. A clear and unequivocal declaration that the during the proceedings before the Board of property is in violation of a cited state or local Appeals may take an appeal to Superior Court law, regulation, or ordinance. in accordance with state laws within 45 days C. A clear statement that the public body making from the date of any decision of the Board of the declaration has authority to do so and a Appeals. citation to that authority. 12.8 RECORDS & REPORTING D. Evidence that the property owner has been A. The Building Authority shall maintain, as a provided notice of the violation and the permanent record, copies of all Flood Hazard prospective denial of insurance. A clear Development Permits issued, certificates of statement that the declaration is being compliance and data relevant thereto, including submitted pursuant to Section 1316 of the 12-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 758 FLOODPLAIN MANAGEMENT National Flood Insurance Act of 1968, as amended. 12.10 DISCLAIMER OF LIABILITY The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 12-21 Page 759 SITE PLAN 1413 SITE PLAN 14.2.2 13.2.2 Exceptions A. The Planning Authority may grant written 14.113.1 PURPOSE authorization for the release of a demolition or Pursuant to Portland’s Comprehensive Plan, this interior building permit for a development article advances the vision for a sustainable city with subject to this article upon written request of shared goals for the environment, community, and the applicant describing the extent of proposed economy. This article complements the zoning and work. , provided that final plans have been subdivision regulations of this Land Use Code. submitted by the applicant. Any exterior demolition requires a performance guarantee 14.213.2 APPLICABILITY for site stabilization. 14.2.1 13.2.1 Site plan approval required B. The Planning Authority may grant written A. All development meeting any one of the authorization for advanced site work, provided thresholds of Table 1413-A shall require site plan that final plans have been submitted by the approval prior to commencing any work or applicant. Such permission shall be granted undertaking any alteration or improvement of only after submission of a written request the site. describing the proposed scope of work to be B. A final, approved site plan is a prerequisite to conducted on the site and a determination by issuance of building, street opening, or the Planning Authority that the request is certificate of occupancy permits for reasonable, time is imperative, and the work will development subject to the provisions of this not compromise any aspect of the ensuing article. No such permit shall be issued until review process. All such work shall be done in such permit is determined to be consistent compliance with information provided as part with the final, approved site plan and any of the site plan application including, but not conditions of approval. In the event of any limited to, an erosion control plan. Such written inconsistency between the approved site plan permission shall not be required if the only and any permit issued, the approved site plan work proposed is the digging of test pits. shall control, provided, however, site plan Advanced site work shall require a performance approval shall not excuse failure to meet any guarantee. independent requirement of any other law or ordinance. Neither the acceptance of any 14.313.3 PROJECT CLASSIFICATION application nor any determination or approval 14.3.113.3.1 Site plan classifications hereunder shall authorize the issuance of a The Planning Authority shall classify each permit under Chapter 6 of the City of Portland development proposal as a major or minor site plan Code of Ordinances for any use which would application according to the classifications in Table violate the provisions of Articles 6, 7, 8, 9 and 1413-A. The Planning Authority may, due to the 710 of this Land Use Code. scope or anticipated impacts of a project, classify any project a review level higher than otherwise indicated in Table 14-A. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-1 Page 760 SITE PLAN 14.3.213.3.2 Master development plan A. An applicant may elect to submit a master developmentphased site plan application for a large, multi-phase development program consisting of multiple buildings and site improvements on a site of one acre or more of total land area which is designed as a cohesive and integrated whole. The master development plan option shall not apply in residential zones, except for institutional, multi- family, congregate care, and intermediate, extended, and long-term care uses in the R-5a and R-6a zones.to be cohesive and integrated within the surrounding context. A master development plan approval, including an approval of waivers, establishes the general parameters for the development, including the general development program, massing, open space plan, and infrastructure plan. A master development plan approval shall not be construed as final authorization of the development. Approval shall confer pending proceeding status upon the development with the effect of maintaining the applicability of regulations in effect at the time of approval for as long as the master development plan approval remains valid, including permissible extensions if granted. Subsequent site plan approvals shall be required. B. 1413-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 761 Page 762 SITE PLAN 14.413.4 REVIEW AND APPROVAL AUTHORITY No decisions relative to the plan shall be made at The review and approval authority for site plans and the pre-application meeting, nor shall any advice or master development plans shall be determined information provided by the City be construed as a based on the classification of the project as shown decision. in Table 1413-B. At any point in the review process, the applicant may request that the Planning 14.5.213.5.2 Application, plans, and Authority reclassify the application to the next submittals highest review level. All applicants shall submit a site plan or master development plan application to the Planning 14.5 REVIEW PROCEDURES Authority in such form as prescribed by the 14.5.113.5.1 Pre-application meeting Planning Authority. A payment of a nonrefundable Applicants for site plan or master development plan application fee, as established by the City Council to review are encouraged to schedule a pre- cover administrative costs and costs of a hearing, application meeting. The purpose of this meeting is shall accompany each application. to familiarize the applicant with the City of Portland, site plan submittal requirements, review 14.5.313.5.3 Staff completion check procedures, and applicable review standards. A pre- A. The Planning Authority shall determine application meeting shall not confer pending whether the application, plans, and submittals proceeding status under Title 1 MRSAM.R.S. § 302. meet the submittal requirements of the TABLE 14-B: REVIEW AND APPROVAL AUTHORITY Technical Manual. If the application is deemed Plan Classification Review Authority incomplete or not in compliance with Articles Minor Planning Authority 6, 7, 8, 9, or 710, the Planning Authority shall inform the applicant in writing of the finding Major Planning Board and the additional plans or submittals required Master Development Plan Planning Board to complete the application. A review of the TABLE 14-C: SITE PLAN REVIEW PROCEDURES Master Public Notice Minor Major Development Plan Requirement Pre-application meeting Site plan, application, plans, and submittals ◐⏺ ◐⏺ ◐⏺ Staff completion check ⏺ ⏺ ⏺ ⏺ Staff review ⏺ ⏺ ⏺ Neighborhood outreach ⏺ ⏺ ⏺ Planning Board workshop ⏺ ⏺ Revised plans and submittals ⏺ ◐ Final staff review & recommendation ⏺* ⏺ ⏺ Planning Board public hearing * ⏺ ⏺* ⏺ Required Recommended * Decision point: approve/approve with conditions/deny ⏺ ◐ 1413-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 763 SITE PLAN application will not be conducted until the A. Timing and location. The application is found complete. meetingneighborhood outreach shall be B. Once the application is determined to be conducted within 30 calendar days of an complete, receipt of application notices shall be application being deemed complete and no less sent to all property owners within 500 feet of than seven21 calendar days before a workshop the subject property lines, unless the Planning or, in the case that no workshop is required, a Authority, in its discretion, chooses to notice a public hearing. on the application. The larger area and incur the additional expense for meetingoutreach shall be held at a convenient the expanded notification. Notices shall be sent locationconducted in a manner that is to all others, including neighborhood accessible to stakeholders within the City of organizations, as may be required by the Portland neighborhood surroundingwhere the Planning Authority. project is proposed site. All costs associated with the neighborhood outreach shall be borne 14.5.413.5.4 Staff review by the applicant. When the application is determined to be complete, B. Notice. The applicant shall mail notice to all the plans and submittals shall be reviewed by the property owners within 500 feet of the subject Planning Authority and other departments of the property lines, and to all others, including City of Portland as appropriate against the review neighborhood organizations, as may be standards of this article. Written comments If the required by the Planning Authorityboundaries, application qualifies as a minor site plan review and at least 10 calendar days prior to the is determined to meet all applicable standards of neighborhood meetingoutreach or event. The this article, the Planning Authority shall approve the notice shall contain a brief description of the application. Otherwise, written comments from proposal and information about how to access reviewers shall be provided to the applicant and . the neighborhood outreach (e.g. the date, time, Written comments shall include a staff and place of the neighborhood meeting or recommendation to either provide a revised plan event. or other relevant information regarding and submittals, schedule a Planning Board approved forms of neighborhood outreach). A workshop, or schedule a public hearing. digital copy of the neighborhood notice shall be sent to the Planning Authority, which shall be 14.5.513.5.5 Neighborhood distributed to the City’s list of interested meetingoutreach citizens. Applicants for major site plan and master C. MeetingOutreach procedures development plan review shall conduct at least one 1. Record of participants. The applicant shall neighborhood meetingoutreach, either through keep a record of neighborhood neighborhood meeting(s) or another method participants in the outreach. A copy of this approved by the Planning Authority, in accordance record shall be submitted to the Planning with the following: Authority prior to final review. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-5 Page 764 SITE PLAN 2. Record of presenters and/or otherwise in compliance with the City Code of representatives. The applicant shall keep a Ordinances. record of all presenters and/or representatives of the applicant 14.5.713.5.7 Notice of public meeting participating in the outreach. A. For all applications that are subject to Planning 3. Content. The neighborhood outreach shall Board review, the applicant shall be responsible include an explanation of the proposal and for posting a notice of public meeting sign on provide an opportunity for public the property where the development is to questions and comment. occur. The dimensions, construction, and 4. Record of feedback. The applicant shall content of the sign shall be in accordance with keep a record of feedback generated standards established by the Planning through the neighborhood outreach. In Authority. addition to any comments, questions, data, B. The sign shall be posted at least ten days prior or other feedback collected, this record to the public workshop or hearingdate, in the shall also include the start and end time(s) case that a workshop is required, and ten days of the outreach and a list of the specific prior to the public hearing date, and shall be plans, documents, or drawings that were removed from the site no more than three days shared. A copy of this record shall be following the date of the meeting. workshop or submitted to the Planning Authority prior hearing. to final review. Any other individual or C. Once the required notice of public meeting entity also may submit comments on the signage is posted, the applicant shall submit a neighborhood meeting to the Planning completed certification of posting form to the Authority. Planning Authority. D. In the event that a required notice of public 14.5.613.5.6 Review costs meeting sign is knocked overobstructed, A. Applicants shall pay a fee to cover the review removed, or made illegible, it shall be the costs and administrative costs incurred by the responsibility of the applicant to promptly reset City. The fee shall be based upon the actual or replace the sign, though failure to do so shall hours of review time and prevailing hourly rate not invalidate the review. for reimbursement of City costs, and shall be invoiced periodically by the City. 14.5.813.5.8 Planning Board workshop B. No land use permits or applications of any kind Applicants for major site plan and master shall be processed, reviewed or issued, and no development plan review may request a workshop building permits of any kind shall be issued, for with theWhere applicable, Planning Board. The any project whose permit fee is governed by workshop will workshops shall be scheduled on a this article unless all charges due under this date that follows the neighborhood article have been paid and the developer is meetingoutreach and initial staff review. The workshopWorkshops shall be informational and 1413-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 765 SITE PLAN shall not result in any formal approval or Planning Board for a public hearing. The hearing disapproval of the project. At thea workshop, the shall be scheduled on a date that meets all public Planning Board shall discuss the plans and noticing requirements contained in Article 2. At the submittals, consider the staff review with respect to hearing, the Planning Board shall approve, approve the review standards of this article, hear public with conditions, or deny an application, based upon comments and questions, and provide direction to the review standards of this article. the applicant regarding issues to be addressed. 14.5.1213.5.12 Lapse in application 14.5.913.5.9 Revised plans and submittals A site plan or master development plan application AllWhere staff or Planning Board review has found must be diligently pursued from the date of that plans and submittals fail to comply with the submission. Notwithstanding the submission of a review standards of this article, applicants shall complete application, any applicant shall provide provide revised plans and submittals to the Planning additional information, studies, or reports from Authority. The Planning Authority shall determine qualified professionals when determined by the whether the revised plans and submittals meet the Planning Board or the Planning Authority to be submittal requirements of the City of Portland reasonably necessary to make any of the Technical Manual. determinations required by this article. Failure to submit required information within 120 days of the 14.5.1013.5.10 Final staff review and date upon which the written request was made shall recommendation cause the application to expire and be deemed null When determined to be complete, the revised plans and void. and submittals shall be reviewed by the Planning Authority and other City departments as 14.613.5 SITE PLAN REVIEW STANDARDS appropriate against the review standards of this The reviewing authority shall not approve a site plan article. Written comments from reviewers shall be application unless the development proposal meets provided to the applicant. In the case of a major applicable standards of the City of Portland site plan or master development plan review, Technical Manual and, the City of Portland Design comments shall include a staff recommendation to Manual, and the criteriastandards below. either approve, approve with conditions, or deny the revised site plan and submittals. In the case of a 14.6.113.6.1 Transportation standards minor site plan application, following staff review, A. Impact on surrounding street systems. The the Planning Authority shall approve, approve with provisions for vehicular loading and unloading, conditions, or deny the revised site plan application parking, and vehicular and pedestrian based on the review standards of this article. circulation on the site and onto adjacent public streets and ways and the incremental volume 14.5.1113.5.11 Planning Board public hearing of vehicular, bicycle, pedestrian, and transit Applicants for major site plan or master traffic will not: development plan review must appear before the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-7 Page 766 SITE PLAN 1. Create or aggravate any significant hazard such trail shall be provided to the to safety on the surrounding street extent practicable, including rights of network. public access. 2. Substantially increase congestion on any c.e. Points of access and egress shall be street which is already at a level of service located to avoid conflicts with turning below Level "D" without mitigation movements and traffic flows. proportionate to the level of impact. d. The site must have stacking capacity for vehicles waiting to use these B. Access and circulation service features without impeding on- 1. In general site vehicular circulation or creating a. All development subject to this article hazards to vehicular circulation on shall provide safe and reasonable adjoining streets. access and internal circulation for all 2. Loading and servicing. All users of the site and shall comply with developments served by delivery or other the transportation systems and street service vehicles shall provide access that design standards of the Technical permits safe turning and backing for all Manual. vehicles that would service the b. Shared circulation, parking, and development. Loading and servicing transportation infrastructure shall be access shall not impede vehicle circulation, provided to the extent practicable, bicycle or pedestrian movements, or with utilization of joint curb cuts, parking. walkways, service alleys, bus pull-out 3.2. Curb and sidewalks areas, and related infrastructure a. All development shall provide curb shared with abutting lots and and sidewalks along all frontages, roadways. Easements for access for installed to specifications as described abutting properties and shared in the transportation systems and internal access points at property lines street design standards of the shall be provided where possible to Technical Manual. facilitate present or future sharing of b. Where sidewalks already exist but are access and infrastructure. in substandard condition, they shall be b.c. Continuous internal walkways shall be repaired or replaced in conformance provided between existing or planned with Chapter 25 of the City of Portland public sidewalks adjacent to the site, Code of Ordinances and the transit stops and street crossings, and transportation systems and street building entrances on the site. design standards of the Technical d. Where the site abuts or includes an Manual existing or planned publicly accessible c. An applicant may request a waiver trail, a connection to or integration of from sidewalk installation 1413-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 767 SITE PLAN requirements if they meet two or they meet two or more applicable more applicable waiver criteria as waiver criteria as listed below: listed below: i. The cost to construct the i. There is no reasonable curbing, including any applicable expectation for pedestrian usage street opening fees, is in excess of coming from, going to, and 5% of the overall project cost. traversing the site. ii. The reconstruction of the street ii. There is no sidewalk in existence is specifically identified and or expected within 1000 feet and approved in the first or second the construction of sidewalks year of the current CIP or has does not contribute to the been funded through an earlier development of pedestrian- CIP or through other sources. oriented infrastructure. iii. The street has been rehabilitated iii. A safe alternative walking route is without curbing in the last 60 reasonably available, for example, months and the proposed use by way of a sidewalk on the other and design of the site does not side of the street that is lightly necessitate the installation of traveled. curbing. iv. The reconstruction of the street iv. Strict adherence to the curb is specifically identified and requirement would result in the approved in the first or second loss of significant site features year of the current Capital related to landscaping or Improvement Program (CIP) or topography that are deemed to has been funded through an be of a greater public value. earlier CIP or through other v. Runoff from the development site sources. or within the street does not v. The street has been constructed require curbing for stormwater or reconstructed without management. sidewalks within the last 24 C. Public transit access months. 1. All residential development consisting of vi. Strict adherence to the sidewalk 20 or more dwelling units and all requirement would result in the commercial and institutional developments loss of significant site features of at least 20,000 square feet gross floor related to landscaping or area shall provide a transit shelter adjacent topography that are deemed to to or within the public right-of-way along be of a greater public value. its frontage, or at a nearby high-volume d. An applicant may request a waiver transit stop without a transit shelter, when from curb installation requirements if the following criteria are met: FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-9 Page 768 SITE PLAN a. The development is proposed along demonstrate through a parking study an existing public transit route on a that site constraints preclude the principal or minor arterial roadway, as amountlocation of parking is shown in the Federal Street appropriate for the proposed use Classification Map. ofelsewhere on the site. b. The nearest existing transit shelter on d.c. ParkingWhere provided, parking the route is more than ¼ mile from spaces and aisles shall meet applicable the site, measured along rights-of-way. dimensional standards as detailed in 2. Transit facilities shall be connected to the the transportation systems and street public sidewalk system. design standards of the Technical 3. All or some of this standard may be Manual. waived if the review authority determines 2. Bicycle parking one or more of the following: a. All development shall provide secure a. That some or all of the required bicycle parking in accordance with the improvements cannot reasonably be parking requirements of this Land Use made due to site constraints and/or CodeArticle 18 and the transportation insufficient right of way width. systems and street design standards b.3. Thatthat the development is not of the Technical Manual. anticipated to generate public transit b. Waiver: The review authority may usage due to particular characteristics of reduce the required number of bicycle the development or proposed use. parking spaces if it is determined, D. Parking based on evidence submitted by the 1. Vehicular parking applicant, that the proposed a. All developments Developments shall development is expected to generate provide off-street parking in reduced demand for bicycle parking accordancecomply with the parking due to particular site characteristics requirementsstandards of this Land or proposed uses. Use Code. Article 18. 3. Snow storage b. Where a parking study is a. All developments shall include areas required,provided, parking spaces and for snow storage or provide an aisles shall not be located in front and acceptable snow removal plan. corner side yards, unless the City b. Snow storage areas may not encroach encourages Transportation Demand on areas designed to meet minimum Management (TDM) strategies to be parking requirements or onadjacent employed. properties, public ways, and c.b. Developments proposing to exceed pedestrian walkways, and shall not be minimum parking requirements by located where they would adversely 10% or more mustapplicant can impact the functionality of 1413-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 769 SITE PLAN stormwater management systems. a. Populationsthe principles of trees and Landscaping in designated snow plants listed on the Official List of storage areas shall be such that it can Endangered and Threatened withstand the snow pile. PlantsLow-Impact Development (LID) 4. Electric Vehicle (EV) charging. All in Maine, published byaccordance with development shall meet applicable EV the Maine Natural Areas Program. standards as provided in Section 1 of the b.1. Habitat for species appearing on LID Technical Manual. standards of the official state or federal list a. All development shall adhere to of endangered or threatened animal applicable EV standards as provided in speciesTechnical Manual. Section 1 of the Technical Manual. c. High and moderate value waterfowl E. Transportation Demand Management (TDM) and wading bird habitat including 1. The following types of development shall nesting and feeding areas, as defined design and implement a Transportation by the Department of Inland Fisheries Demand Management (TDM) plan: and Wildlife. a. All major site plan triggering d. Aquifers on islands in Casco Bay, as development in the B-7 zone. identified in the City of Portland Island b.a. All commercial, institutional, or mixed- Groundwater Management Study use developments of 50,000 square and/or by the Maine Geological feet or more in total floor area. Survey. c.b. All commercial or institutional uses e. Waterbodies including wetlands, designed to accommodate 100 or watercourses, significant vernal pools more employees or, for educational and floodplains. institutions, 100 or more students. 2. Where areas set aside for preservation are 2. The TDM Plan shall comply with the part of a larger existing habitat block standards for transportation extending beyond the boundaries of the systemsstudies and street design standards site, the contiguity of these features shall ofplans as contained in the Technical be preserved where possible. Manual. 3.2. Waiver: Where complete preservation of significant natural features substantially 14.6.213.6.2 Environmental quality compromises development of the site as standards otherwise permitted by zoning, the review A. Preservation of significant natural features authority may reduce the requirement to 1. All development shall preserve and protect accommodate developmentin accordance significant natural features by with the LID standards of the Technical incorporating them into site design. Manual provided that the applicant Significant natural features shall be defined implements preservation measures to the as: extent practicable and demonstrates FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-11 Page 770 SITE PLAN compliance with applicable state and TABLE 14-D: TREE REPLACEMENT REQUIREMENTS federal regulations and implements Size of Tree Removed Replacement Requirement preservation measures to the extent 10 – 16” DBH 1 tree practicable. > 16” DBH 2 trees B. Landscape preservation landscape preservation standards of the 1. Site development shall be designed to Technical Manual. incorporate, limit disturbance to, and limit 5. Where the planting of replacement trees removal of existing trees. on the site is not feasible, the applicant 2.3. The site plan shall include adequate shall contribute an amount proportionate measures to protect vegetationsignificant to the cost of required replacement trees natural features to be preserved from to the City of Portland Tree Fund, as construction impacts, in accordance with described in the Landscaping and the landscaping and landscape landscape preservation standards of the preservationLID standards of the Technical Technical Manual. Manual. C.B. Site landscaping and buffers 3. All development subject to zoning setbacks 1. Landscaping. On-site landscaping. shall preserve a minimum of 30% of a. All development subject to required existing trees 10 inches DBH or greater zoning setbacksthis article shall within the required setback area unless includeprovide a minimum of one trees are non-native invasive species, as shade tree consisting of species identified in the landscaping and landscape identified on the City of Portland preservation standards of the Technical Recommended Tree list or six Manual, or are deemed unsalvageable by plantings per 30 linear feet of all the Portland City Arborist or their frontages as measured along the designee. property line. A planting shall be, 4. Waiver: Where the applicant can defined as one shrub, one ornamental demonstrate that preservation of existing grass, and/or three perennials. vegetation would compromise Required plantings may be installed development of the site, the review anywhere on the site, including a authority may permit the substitution of green roof, if proposed, and may be landscaping in other areas of the site as planted, per 5,000 square feet of lot described in Table 14-D and/or a financial area in any arrangement. accordance contribution to the City of Portland Tree with the landscaping standards of the Fund for an amount proportionate to the Technical Manual. cost of trees removed. Replacement trees 1.b. Existing vegetation to be preserved on shall be of a species identified on the City the site may be counted towards this of Portland Recommended Tree List as requirement as described in the described in the landscaping and landscaping and landscape 1413-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 771 SITE PLAN preservation standards of the the widthdepth of the landscaped Technical Manual. buffer may be reduced but shall c. Where site constraints prevent the include architectural, so long as the planting of required shade trees or fencing of not less thanis at least six plantings at the development site, the feet tallin height and a mix of reviewing authority may approve an evergreen and deciduous trees spaced alternative as described in the no further than 20 feet apart is landscaping standards of the planted abutting the residential zone. Technical Manual. c.d. All residential development shall 2. Buffers and screening provide and/or preserve evergreen a. Loading and servicing areas, trash and vegetated buffers where necessary to recycling areas, storage areas, and buffer the development from roof- and ground-mounted utility detrimental impacts of existing structures, except for renewable surrounding development. energy systems, shall be screened 3. Parking and vehicle display lot landscaping from view from public sidewalks, a. Developments with more than five streets and adjacent properties by parking spaces shall include at least dense evergreen and deciduous two trees (or one tree and three landscaping, fencing, architectural shrubs) per five parking spaces for screening products, masonry walls, every 750 square feet of uncovered building walls, or a combination asphalt parking area (including drive thereof. aisles), planted in landscaped islands b. Where immediately visible from the to screen, shade, and break up right-of-way, surface parking areas parking. Trees and shrubs in parking shall be screened with dense lots may be in informal groups, evergreen and deciduous landscaping, straight rows, or concentrated in fencing, or masonry wall in clusters as described in the accordance with the landscaping landscaping and landscape standards of the Technical Manual. preservation standards of the b.c. For nonresidential development Technical Manual. abutting a residential zone, an b. Landscaped islands shall be evergreen, densely landscaped buffer distributed so that uninterrupted of not less than 10 feet widein depth pavement does not exceed forty and six feet tall is required along the parking spaces. side abutting the residential zone. c. Where site constraints prevent Where site constraints prevent such a implementation of all or a portion of buffer from being establishedIn cases required parking lot landscaping, as where architectural fencing is used, determined by the review authority, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-13 Page 772 SITE PLAN the requirements may be all or irrigation, and structural soils as partially waived and the applicant shall recommended by the City Arborist) contribute an amount proportionate shall be required. to the cost of required parking lot b. Where the applicant can demonstrate trees to the City of Portland Tree that site constraints prevent the Fundreviewing authority may approve planting of required street trees in the an alternative as described in the city right-of-way, the review authority landscaping standards of the may permit the following to be Technical Manual. counted towards the street tree 4. Non-vehicular hardscape. All uncovered requirement,an alternative subject to paving for non-vehicular use, including the landscaping standards set out inof pathways and patios, must either have a the Technical Manual:. minimum Solar Reflective Index (SRI) of 33 i. The preservation of existing initially and 28 once aged three years or healthy trees that are six inches include one tree for every 750 SF of or more DBH on the site within asphalt paving.. twenty feet of the property line, 4.5. Street trees and visible from the right-of-way. a. All development shall include one ii. The planting of street trees on street trees in numbers and the site within 20 feet of the locationstree per 25-35 linear feet of property line where visible from frontage along a city right-of-way or the right-of-way. private roadway as specified in the iii. The installation of other planted Landscaping and landscape features in the right-of-way or preservationlandscaping standards of within 10 feet of the right-of-way the Technical Manual. Street trees are and visible from the right-of-way, intended to benefit public spaces by which are documented to the providing green and natural elements satisfaction of the City Arborist that contribute to the streetscape and and Planning Authority to meet the urban forest ecosystem, provide the objectives of the street tree health benefits, and increase the tree requirement. canopy to maximize shade and reduce iv. The planting of new street trees energy use. Street trees shall be of a on public land or public facilities species identified on the City of in the neighborhood where a Portland Recommended Tree List, reasonable chance of good health unless otherwise approved by the City and longevity is documented. Arborist or his/her designee. The v. Where other alternatives are not provision of measures to enhance tree feasible, a contribution for each survival (such as raised planters, required street tree made to the 1413-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 773 SITE PLAN City of Portland’s Tree Fund. The improved has the legal right to contribution would primarily be increase the flow of stormwater onto for new trees in the the adjacent lot or City property. neighborhood of the c. Any increase in volume or rate of development, but would include stormwater draining from the lot into an element of maintenance. the City’s separated storm sewer vi.c. Where the proposed development system can be accommodated in the includes the removal of an existing system without creating downstream street tree determined by the City problems or exceeding the capacity of Arborist to be a heritage or feature the storm sewer system. mature tree, the applicant shall be 2. All development shall comply with the required to contribute to the Tree Stormwaterstormwater management Fund at the designated rate in the standards of the Technical Manual. Technical Manual so that the total 3. Development shall not pose a risk of replacement cost is significantly groundwater contamination either during higher than planting a new street or post-construction, as described in the tree/contributing for a new street tree. stormwater management and water supply D.C. Water quality, stormwater management, standards of the Technical Manual. and erosion control 4. Applicants shall demonstrate that 1. All development shall be designed to subsurface and/or any adjacent slope minimize total area of impervious surface conditions are suitable to support the on the site and both the volume and rate development, and where determined of runoff from the lot. Provisions for necessary, shall prepare a geotechnical stormwater management shall study to demonstrate that the demonstrate the following: development as designed will not adversely a. Any stormwater draining onto or impact the development site or any across the lot in its pre-improvement abutting property. Soil surveys and/or state will not be impeded or re- geotechnical studies shall be prepared in directed so as to create ponding on, accordance with the requirements of the or flooding of, adjacent lots. Technical Manual. b. Any increase in volume or rate of stormwater draining from the lot onto 14.6.313.6.3 Public infrastructure and an adjacent lot or City property community safety standards following the improvement can be A. Consistency with City master plans handled on the adjacent lot or City 1. All developments shall be designed so as to property without creating ponding, be consistent with City Council-approved flooding or other drainage problems master plans and facilities plans and with and that the owner of the lot being off-premises infrastructure. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-15 Page 774 SITE PLAN 2. The site plan shall include suitable due to extreme cost, the need to retrofit easements, rights, and improvements to properties not owned by the applicant, or connect or continue off-premises public complexity of revising existing overhead infrastructure as may be required by the facilities. review authority. 3. All sanitary sewer lines, storm drains, water lines, and other utilities proposed as part B. Public safety and fire prevention of the development shall be designed to 1. All development shall incorporate the conform with the sanitary sewer and storm following public safety principles for Crime drain and water supply standards of the Prevention through Environmental Design Technical Manual. (CPTED) into site design to enhance the 4. All development within 200 feet of a public security of public and private spaces and to sanitary collection and treatment system reduce the potential for crime: shall connect sanitary sewer lines into the a. Natural surveillance that promotes nearest available public sewer. If a public visibility of public spaces and areas. sanitary collection and treatment system is b. Access control that promotes not available, a private wastewater system authorized and/or appropriate access may be used according to the to the site. requirements of Chapter 24 of the City c. Territorial reinforcement that Code and the sanitary sewer and storm promotes a sense of ownership and drain standards of the Technical Manual. responsibility through environmental 5. All residential development of 20 units or design. more, commercial development, and 2. All developments shall be designed to industrial development shall provide for provide adequate emergency vehicle the temporary storage and timely removal access to the site and comply with the of all trash and recyclable materials Public Safety standards of the Technical including, at a minimum, paper, corrugated Manual. cardboard, plastics, and metals. Storage C. Public utilities containers for recyclable materials shall be 1. The development shall not overburden separated from trash containers. All sanitary sewers and storm drains, water exterior storage of trash and recyclables lines or supply, or other public shall be screened from view from public infrastructure and utilities. Development sidewalks, streets, and adjacent properties. shall provide adequate utility infrastructure on-site and in connection to surrounding 14.6.413.6.4 Site design standards locations and facilities. A. Massing, ventilation, wind, and wind 2. Electrical service shall be underground Impactheat impact unless otherwise specified for industrial 1. The bulk, location, or height of proposed uses, or if it is determined to be unfeasible buildings and structures shall not result in 1413-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 775 SITE PLAN health or safety problems from a reduction designed to avoid and/or mitigate the adverse in ventilation to abutting structures or impacts of shadows cast by new structures or changes to the existing wind climate that building additions from falling on publicly would result in unsafe wind conditions for accessible open space in accordance with the users of the site and/or adjacent public shadow standards of the Technical Manual. spaces. C. Snow and ice loading. All development shall 2. The bulk, location, or height of proposed be designed to prevent significant amounts of buildings and structure shall minimize, to accumulated snow and ice from loading or the extent feasible, any substantial falling onto adjacent properties or public ways. diminution in the value or utility to D. View corridors. The massing, location, and neighboring structures under different height of development shall not substantially ownership and not subject to a legal obstruct public view corridors identified in the servitude in favor of the site being Downtown Vision View Corridor Protection developed. Plan. City of Portland Design Manual. 3.2. Development shall locate all HVAC venting E. Historic resources mechanisms to direct exhaust away from 1. When developments affect designated public spaces and residential properties landmarks or lie within designated historic directly adjacent to the site. districts or historic landscape districts, 3. In proposed buildings or additions with an such a development shall be required to aggregate roof area greater than 2,000 obtain a Certificate of Appropriateness square feet, measured horizontally, and, under Article 17. for residential projects, greater than nine 2.1. When any part ofaffects a proposed residential units, a minimum of 75% of the development is within 100 feet of any roof area must meet the following “cool designated landmark, or lies within a roof” Solar Reflective Index (SRI) designated historic district, except the standards: India Street Historic District, or historic a. Roofs with a slope less than 2:12: SRI of landscape district, such development shall 82+ (initial)/64+ (3-year aged) be generally compatible with the major b. Roofs with a slope greater than 2:12: character-defining elements of the SRI of 25+ (initial)/25+ (3-year aged) landmark or portion of the district in the Roof areas covered by shade structures immediate vicinity of the proposed with an SRI of 39+, including photovoltaic development. Character-defining elements panels that shade the roof, area of landmarks and historic districts are considered exempt from roof area identified in the historic resources calculations for the purposes of this inventory and respective historic district standard. designation reports. For the purposes of this provision, “compatible” design shall be B. Shadow. All development outside the B-3, B-5, defined as design which respects the B-6 and B-7 zonesover 65 feet in height shall be FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-17 Page 776 SITE PLAN established building patterns and visual significant and shall include the characteristics that exist in a given setting following: and, at the same time, is a distinct product i. Original seawall structure of its own time. To aid the review authority located landward of Commercial in its deliberations, Historic Preservation Street. staff shall provide a written analysis of the ii. Inactive historic family cemetery proposed development’s immediate plots. context, identifying the major character- iii. Historic railroad beds including defining elements and any established but not limited to the Portland- building patterns that characterize the Lewiston interurban railroad. context.required to obtain a Historic iv. Original structure and/or Preservation approval under Article 16. landforms associated with the 3.2. All development shall document and Cumberland and Oxford Canal. protect state or local archaeological v. Buried portions of colonial and resources known to exist or discovered on post-colonial period structures the site. or built features located on the a. Protection shallmay include leaving Portland Peninsula predating the archaeological resources untouched Great Fire of 1866. beneath a new development through vi. Pre-colonial occupation sites adaptation of foundation design or identified by shell middens or architectural layout. other evidence. b. Where the applicant can demonstrate vii. Sites listed or eligible for listing that complete protection is not on the National Register of feasible, the applicant shall excavate Historic Places. and document archeological c. In order to preserve archeological resources. Such measures shall be resources, the review authority may conducted in consultation with the waive standards listed in the City of City’s historic preservation program Portland Technical Manual where and Maine Historic Preservation necessary if it is determined that such Commission. For resources of state a waiver would not jeopardize the significance, excavation and health, safety, or welfare of the documentation shall be conducted by development’s occupants, the public, a qualified professional, in or the natural environment. coordination with Maine Historic F. Exterior lighting Preservation Commission. Local 1. Site lighting archeological resources may or may a. All exterior site lighting shall be full not be recognized by the Maine cutoff with no light emitted above the Historic Preservation Commission as horizontal plane or spilled onto 1413-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 777 SITE PLAN adjacent properties and streets. . applicable, conforming to specific lighting Illumination levels shall be adequate district requirements as specified in the but not excessive for the safety, street lighting standards of the Technical comfort, and convenience of Manual. occupants and users of the site, and G. Noise and vibration. All heating, ventilation shall conform to the lighting standards and air conditioning equipment (HVAC), air of the Technical Manual. handling units (AHU), emergency generators, b. Where light from a proposed and similar equipment shall meet applicable development may adversely impact state and federal emissions requirements and adjacent residential properties, shall be located to the interior of the site, away exterior lighting shall employ from abutting residential properties. housebuilding-side shielding. H. Signage and wayfinding 2. Architectural and specialty lighting. 1. The size, scale, proportions, design, a. Architectural and specialty lighting of materials, placement, and source and such features as architectural details, intensity of illumination of all permanent monuments, public art, or other site building or freestanding signs shall be features shall be designed to designed to complement the subject illuminate specific details or attributes building and its immediate context, as only and shall meet the lighting follows: standards of the Technical Manual. a. Signage shall not conceal b. Up-lighting by any method is architectural features such as prohibited except for public buildings window sills, lintels or cornices from and parklands; clock towers and view. steeples; landscape features; b. Signs shall be designed and sized to designated historic landmarks; flags of fit the scale and proportions of the state, federal, or national jurisdictions; building and the feature or area of and public art. Such light fixtures, the building to which it is affixed. brackets, conduits, and all other c. Freestanding signs shall not adversely components shall be designed by a affect visibility at intersections or lighting professional and shall be access drives. scaled and placed to minimize their d. Sign lighting shall be downwardly visibility and installed in accordance directed, internally-illuminated and/or with the lighting standards of the shielded to avoid glare and light Technical Manual. spillover towards the sky. 3. Street lighting. All development shall e. Signs shall not be affixed to rooftop provide municipal street lighting adequate mechanicals, mechanical penthouses for the safety and comfort of pedestrians, or other rooftop appurtenances bicyclists, and motorists and, where unless those appurtenances have FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-19 Page 778 SITE PLAN been screened and integrated into the existing street networks of the the architecture of the development. Eastern Waterfront. Where new 1. On-site directional traffic signage may be structures are larger than buildings provided to enable users to safely and characteristically found in Portland’s easily navigate into, around and out of the waterfront, horizontal and vertical site. Directional signage variation should be used to break large 2. Signage shall not adversely affect visibility expanses of building into components at intersections on or off the site. that are in scale with the context to I. Design standards which they most closely relate. 1. Development of certain types and/or b. Development in the R-P Residential proposed in certain zones, as specified Professional Zone, where there is a below, are subject toin the City of Portland discernable architectural style or Design Manual, shall meet the design character to existing structures in the standards of the City of Portland Design immediate vicinity in which the Manual in order to ensure that building and development is proposed, shall not be site design contribute to and enhance the incongruous to that established style or goals and policies for specific zones within character. the City. city. The City of Portland design c. Development in the B-1/B-1b, B-2, and B- standards are listed in the City of Portland 2b zones shall provide an established Design Manual, which is incorporated by street wall with entrances and public reference as part of the City of Portlandthis portions of the building oriented to and Land Use Code. If the development is directly accessible from the public located in a historic district or associated sidewalk and shall be designed and with a historic landmark, City of Portland scaled to be compatible with Historic Preservation standards shall surrounding residential and commercial supersede: development. a. Development in the B-3, B-5, B-5b, and d. Development in the University of B-7 zones and in the B-6 and EWPZ Southern Maine (USM) Overlay Zone zones shall be designed to support the shall be designed to support a cohesive development of dense, mixed-use campus environment that integrates neighborhoods with attractive, safe, with and respects the residential and convenient street-level pedestrian character of surrounding environments. New development along neighborhoods. the Eastern Waterfront should avoid e. Residential developments, as listed large monolithic massing along all below, shall integrate with and respect street frontages and should promote the character of surrounding permeability through and within the residential development in terms of development at a scale compatible with architectural form, landscaping and 1413-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 779 SITE PLAN open space, façade materials, roof objectives of this ordinance, consistent with the pitch, massing, and height. City’s Comprehensive Plan, and consistent with i. Planned Residential Unit City Council-approved master plans and facility Developments (PRUDS) in the R- plans for off-premise infrastructure. 3, R-5, and R-5a residential zones. ii. Multiple family and multiplex 14.7.2 Natural features and open space developments in the R-5 zone. A. Preservation of natural features. A master iii. Small residential lot development development plan shall locate buildings and of single-family homes in the R-5 improvements in a manner that considers the zone. existing topography, provides usable open iv. All residential development in the space, preserves significant natural features as R-6 zone. defined in Subsection 14.6.2, and preserves v. Residential development of the existing trees to the maximum extent possible. following types: manufactured B. Provisions for open space. A master plan shall housing parks, two-family and include provisions for the ownership and multiple family housing not maintenance of usable open space as already specified above, special appropriate needs independent dwelling units, lodging houses, bed and 14.7.3 Historic Preservation breakfasts, and emergency C. A master development plan shall be developed shelters. so as to conform with standards for designated landmarks or for properties within designated historic districts or historic landscape districts 13.7 MASTER DEVELOPMENT PLAN REVIEW STANDARDS as found in Article 17. The Planning Board shall not approve a master D. When proposed adjacent to or within 100 feet development plan unless the development proposal of a designated landmark, historic district, or meets the review standards below. historic landscape, the master development plan shall be developed so as to be generally 14.7.1 In general compatible with the major character-defining A. Integration with the surrounding context. A elements of the landmark or portion of the master development plan shall be designed to district in the immediate vicinity of the integrate with the surrounding context with proposed development. respect to land use, architecture, open space and pedestrian networks, vehicular access and 14.7.4 Infrastructure circulation, off-site public facilities and all other A. Adequacy of infrastructure capacity. A infrastructure. master development plan shall be designed with sizing of street and other infrastructure B. Consistency with City plans. A master development plan shall be consistent with the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-21 Page 780 SITE PLAN systems to accommodate the overall service it finds that extraordinary conditions exist or that demand of the plan. undue hardship may result from strict compliance B. Continuation of street grid. A master with the submittal requirements or review development plan shall be designed to create a standards of this article, may vary these regulations street grid pattern that reflects average city so that substantial justice may be done and the block sizes of the surrounding neighborhood. public interest secured, provided that such variation will not have the effect of nullifying the intent of this 14.7.5 Design article. A. Creation of a cohesive identity. A master development plan shall be designed to create a 14.913.7 PHASING cohesive identity through building scale, 13.8.1 Site plan massing, and articulation; use of quality exterior A major site plan may be divided into up to materials and architectural detailing at threetwo or more phases. Each phase must be at pedestrian scale; consistency of design and least 20% of the total development and in addition, materials for streetscape and pedestrian show the entire tract or parcel. Each phase of such amenities; framing of outdoor open space and project shall be independent of subsequent phases linkages; a clear conveyance of the function and and shall conform to all standards of this article in significance of various buildings, entrances, and the event that subsequent phases do not go features; and to generally comply with design forward. and development standards of the zone in which it is located. 13.8.2 Master development plan 2. If the development is located in a historic An applicant proposing a master development plan district or associated with a historic is seeking approval for an overall concept of landmark, the standards of Article 16 shall development that may subsequently be brought for supersede. site plan approval in two or more phases and in a phase sequence that extends beyond the 14.813.6 WAIVERS timeframes allowed for site plan approvals. Site 14.8.113.7.1 Waiver requests plans for each phase of a master development plan An applicant for site plan review may request a shall generally conform with the master waiver with respect to the submittal requirements development plan. For areas proposed as future or review standards of this article. If a waiver is development phases, the proposed interim requested, the applicant shall document the conditions shall be managed and maintained to rationale for the waiver request within the ensure stable, safe, and attractive site conditions. application. One or more phases of the master development plan may be reviewed as a site plan concurrently 14.8.213.7.2 Waiver criteria with the review and approval of the master Except for where waiver criteria are provided for development plan. individual review standards, the review authority, if 1413-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 781 SITE PLAN 14.1013.8 CONDITIONS OF APPROVAL Following final site plan approval and prior to Notwithstanding the review standards of this article, issuance of any building permit, the developer shall the review authority may impose any condition submit final plans meeting all the conditions of the upon its approval of any site plan or master site plan approval, including without limitation all development plan to minimize or abate any adverse streets, sewers, drainage structures, and impact of the proposed development on the value landscaping. Thereafter, limited and minor or utility of other private property, or public departures from the approved site plan shall be property or facilities, to the extent feasible; to bring approved by the Public Works Authority and/or the development into compliance with the review Planning Authority as field changes pursuant to standards of this article; or to minimize any other Section 14.14. 13.13. Amendments or revisions to the adverse environmental effects of the proposed approved site plan shall be reviewed by the Planning development. Authority pursuant to Section 14.1413.12. 14.1113.9 POST-APPROVAL PROCEDURES 14.11.313.10.2 Performance and defect 13.10.1 Advanced site work guarantees No alterations shall be made to a site with a pending The following performance and defect guarantee or approved site plan until: requirements shall apply: A. The performance guarantee has been posted A. Performance guarantee required. Following and final site plans have been submitted to the approval of site plan applications and prior to Planning Authority. the issuance of a building permit, the developer B. Written permission has been received from the shall post with the City a performance Planning Authority. Such permission shall guarantee in the form and amount specified be granted only after submission of a herein, specifying the completion of the written request describing the proposed required site plan improvements within two scope of work to be conducted on the years from the origination date of such site and a determination by the guarantee. In no case shall the term of such Planning Authority that the request is guarantee be for a period of less than one year, reasonable, time is imperative, and the nor shall any performance guarantee expire work will not compromise any aspect of between October 30 and April 15 of the the ensuing review process. All such work following year. shall be done in compliance with information B. Inspection fees. At the same time that the provided with the site plan application developer posts a performance guarantee, the including, but not limited to, an erosion control developer shall also pay to the City an plan. Such written permission shall not inspection fee as determined by the City be required if the only work proposed is Council. If a performance guarantee is the digging of test pits. extended beyond its original expiration date, 14.11.213.10.1 Final plans then an additional inspection fee in an amount to be determined by the City shall be required. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-23 Page 782 SITE PLAN C. Minor residential development. All minor including street lights, monuments, residential development, which for the curbing, ramps and detectible warning purposes of this section shall be defined as panels, and striping; earth work and single- or two-family development and any grading; utilities infrastructure and associated site improvements,Single- and two- connections including sewer, stormwater, family development. All single- and two-family and water service; exterior site lighting; development is exempt from performance erosion control measures as shown on the guarantee requirements except when those approved erosion and sedimentation projects complete construction in the winter, control plan; open space and recreation and site work is incomplete due to weather amenities; and final site stabilization and conditions. A performance guarantee will then landscaping. be required that is sufficient to complete the 3. The Planning Authority may waive all or remaining site work as approved on the site any portion of this requirement if it plan. The performance guarantee must be determines that the developerproperty reviewed and approved by the Planning owner has a proven record of satisfactory Authority prior to the release of a certificate of performance and sufficient financial occupancy. All minor residentialsingle- and two- capability or when the overall cost of the family development is subject to inspection project fails to justify the administration of fees, as specified herein. a performance guarantee. D. Performance guarantee amount E. Phased projects. If a project is reviewed and 1. The performance guarantee shall be equal approved as a phased project, the in value to 100% of the estimated cost of corresponding performance guarantee may the required site improvements as shown also be phased. A separate performance on the approved site plans, as a condition guarantee shall be posted for each phase. Each of planning approval, as required in the phase of such project shall be independent of City of Portland Code of Ordinances, subsequent phases and shall conform to all and/or as required by the City of Portland standards of this article in the event that Technical Manual. subsequent phases do not go forward. 2. The performance guarantee amount shall F. Advanced site work be estimated by the applicant or 1. No public utility, water district, sanitary representative using the cost estimate district or any utility company of any kind spreadsheet provided by the City and shall shall install services to any lot in a be submitted for review and approval to subdivision which has not received the Planning Authority. Costs to be Planning Board approval. included in the estimate, and which shall be 2. On a case-by-case basis, permission for covered by the performance guarantee, advanced site work may be granted by the include but are not limited toitems such as: Director of Planning and Urban street and sidewalk improvements Development.Authority under Section 1413-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 783 SITE PLAN 13.2.2(B). Such permission is solely within the cost estimate spreadsheet for review the discretion of the Director of Planning and approval by the Planning Authority. and Urban Development and shall be 2. In no case shall any performance granted only after submission of a written guarantee be reduced to an amount equal request setting forth the work proposed to to or less than the required defect be done on the site. Such written guarantee until all criteria set forth for permission shall not be required when the converting to the defect guarantee have only work proposed is the digging of test been met, as approved by the Planning pitsAuthority. Authority. G. Acceptable forms of performance I. Extension of the performance guarantee. If guarantee. The performance guarantee, in the the Planning Authority and/or the Public Works amount approved by the Planning Authority, Authority has reasonable doubt concerning the shall be a letter of credit, an escrow account stability or proper construction of the required with a responsible financial institution, or the site improvements, the developer shall be deposit to the City of Portland Finance required to reconstruct or otherwise address Department and shall be in conformance with the issues to the City’s satisfaction. If the the templates and forms made available by the performance guarantee is scheduled to expire City. If the performance guarantee is a deposit before the extent or necessity for such further to the City, the City shall hold such funds in a work can be determined, the developer shall be noninterest bearing account until criteria for required to extend the performance guarantee performance guarantee release have been covering such improvements, or secure a new satisfied. The performance guarantee shall be guarantee, for a period and amount deemed in the name of the City and shall be approved necessary by the Planning Authority and/or the by the finance director as to financial Public Works Authority. sufficiency and the corporation counsel as to J. Performance guarantee release/conversion proper form and legal sufficiency. to defect guarantee. H. Performance guarantee reductions. 1. No performance guarantee shall be 1. Up to three times during the construction released until all fees generated by the of a project, upon request of the project are paid to the City, including but developer, a performance guarantee may not limited to engineering, inspection, and be reduced by the value equal to the administrative fees. The guarantor shall estimated cost of the completed not be released from the guarantee except improvements. In no case shall any and until authorized in writing by the performance guarantee be reduced by any Planning Authority. line item on the cost estimate spreadsheet 2. For roadway extension projects, no where improvements remain to be performance guarantee shall be released completed. Requests shall be submitted on until the Department of Public Works has performed a final inspection of the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-25 Page 784 SITE PLAN roadway and determined satisfactory K. Acceptable forms of defect guarantee. The completion of the required improvements. defect guarantee, 10% of the original Additionally, no performance guarantee performance guarantee amount approved by shall be released until the City is in receipt the Planning Department, shall be a letter of of a petition for street acceptance, credit, an escrow account with a responsible deemed complete and satisfactory by financial institution, or the deposit to the City Corporation Counsel and/or the of Portland finance department and shall be in Department of Public Works. The petition conformance with the templates and forms for street acceptance must include a made available by the City. If the defect warranty deed (with metes and bounds guarantee is a deposit to the City, the City shall description) to the property within each hold such funds in a noninterest bearing street of the subdivision or roadway account until the criteria for performance extension and any other improvements guarantee release have been satisfied. The intended for City maintenance. performance guarantee shall be in the name of 3. Upon the satisfactory completion of the the City and shall be approved by the finance required site improvements and director as to financial sufficiency and the compliance with all conditions of approval corporation counsel as to proper form and including the submission of as-built legal sufficiency. drawings as applicable, the Planning L. Abandoned site.Use of the performance Authority will authorize in writing, guarantee. In the event that a development conversion to the defect guarantee. The site is abandoned or the site improvements do defect guarantee shall be 10% of the not meet City standards as approved in the site original performance guarantee amount plan, the performance guarantee may be and shall remain in place for a period of utilized to stabilize, secure, complete one year. The defect guarantee shall construction, and/or restore the site as may be ensure the workmanship and the durability necessary, including, but not limited to, of all materials used in the construction of revegetation of areas, grading, and fencing. the required site improvements. The Planning Authority may authorize the 14.11.413.10.3 Inspection fee defect guarantee to be released at any At the same time that the developer posts a time within the one-year period, provided performance guarantee, the developer shall also pay all required site improvements have been to the City a site plan improvement inspection fee constructed and in-place for one year or equal to two percent of the estimated costs of more and the workmanship and the required site improvements for which a durability of all materials has been performance guarantee is to be posted. At the inspected and confirmed to be conclusion of the project, and before a temporary satisfactory. or permanent certificate of occupancy is issued, the developer shall pay to the City the balance of any 1413-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 785 SITE PLAN inspection fees actually incurred by the City in its a. Conditions exist which would justify review of the project. denial of a certificate of occupancy under Chapter 6 of the City of 14.11.513.10.4 As-built plans Portland Code of Ordinances. Upon completion of a development (excluding b. Required improvements to the City minor residentialsingle- and low-impact site two- right-of-way remain to be completed family development and minor site work as by the developer. specified in Section 16 ofdetermined by the c. All accessAccess roads and any other Technical ManualPlanning Authority), the applicant roads and, driveways, and pedestrian shall submit the as-built plans as specified in the access required for the building or Technical Manual. building(s) for which the certificate(s) are requested have not been 14.11.613.10.5 Certificates of occupancy improved to a passable condition. No certificate of occupancy shall be issued to any d. A remaining balance for fees incurred portion of development where, in the opinion of the by the City exists. Planning Authority, the site conditions or work e. The developer otherwise is in violation required to complete the development will of the City Code of Ordinances. endanger the health or safety of persons visiting or 7.2. Where a temporary certificate of inhabiting the completed portion. Certificates of occupancy is sought for a portion of any occupancy may be granted as follows: development prior to the completion of A. Temporary certificates of occupancy the entire development, the following 6.1. Notwithstanding any other provision of the standards shall be met, in addition to all Land Use Code, a certificate of occupancy applicable requirements set forth above, may be issued for a development or prior to the issuance of any certificate of portion of a development which has occupancy: otherwise been completed in accordance a. Those parking areas required for the with final site plan approval and all portion of the development for which applicable provisions of this Land Use a certificate of occupancy is sought Code where the applicant submits a shall be available for use. Alternative written request to the Planning Authority arrangements must be made on-site stating those improvements which remain for parking for any periods during to be completed, the reasons why such which such parking areas will not be improvements have not been completed, available for use. and the cost and time to complete the b. All foundation plantings and other remaining work. In no event shall any landscaping required for the portion temporary or permanent certificate of of a development for which a occupancy be issued where: certificate of occupancy is sought shall be installed prior to the issuance FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-27 Page 786 SITE PLAN of a certificate of occupancy. This with the approved site plan and site work or requirement may only be waived building construction is ongoing. Any lapse in where, in the opinion of the Public construction for a period in excess of 12 months Works Authority, landscaping shall result in an expiration of the site plan. improvements cannot practically be Approved amendments to a site plan shall have no completed due to seasonal weather effect on the expiration date, which is based upon conditions. the original date of approval. c. A performance guarantee shall be in place and in an amount sufficient to Master development cover all remaining required improvements and not less than 10% 14.12.213.11.2 Phased site plan of the initial performance guarantee Master development plans approved under this amount. article shall expire six years from the date of B. Final certificate of occupancy. All approval if no The applicant has three years to improvements which are not completed prior start site work or building construction has to the issuance of any temporary certificate of commenced. occupancy must be completed prior to the completion date specified in the performance 13.13 EXTENSION OF APPROVALS guarantee or in the temporary certificate of 13.11.3 In general occupancy, whichever occurs first, in order for undertaken in accordance with the approved a final certificate of occupancy to be issued by phased site plan and seven years to complete the the City. Where any person accepts a project. Approved amendments shall have no effect temporary certificate of occupancy and does on the expiration date, which is based upon the not complete the improvements as specified in original date of approval. A phased site plan may be the certificate, the City is authorized to enter extended by the Planning Authority up to two years upon such property itself or through its agents from date of expiration. Extension requests must be or contractors to complete such improvements made in writing by the applicant prior to the with no liability therefore and may recover the expiration of the approval. An extension may not be costs thereof through the mechanic's lien granted if changes to the City’s zoning, subdivision, procedure for the improvement of real or site plan ordinance, the Technical Manual or the property to the extent that the performance Design Manual would render the development guarantee may be inadequate. nonconforming in any respect or significantly impact the approved site plan or master 14.1213.10 EXPIRATION OF APPROVALS development plan as determined by the Planning 14.12.113.11.1 Site plan Authority. Site plans approved under this article shall expire 12 monthsthree years from the date of approval unless development has been undertaken in accordance 1413-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 787 SITE PLAN 14.13.213.11.3 In case of appeal master development plans.. An applicant may Where thea site plan approval or any related land request a minor amendment to an approved use approval granted to the same applicant by any site plan or master development plan by agency of the City with respect to the same submitting a written statement of the proposed development is appealed to any court by an amendments and proposed amended plans to opponent of the development, the applicant shall be the Planning Authority. Minor amendments: granted extensions, beyond the expiration of said B. Minor amendments: approval, where the applicant has exercised due A.1. Are generally consistent with the approved diligence with respect to defending such appeal, plan. which extensions. Extensions shall not last beyond B.2. Do not substantially impact the layout of one year from entry of final judgment. buildings and open space. C.3. Do not propose newsignificantly alter the 13.11.5 Site plan program of proposed uses. Site plan approvals may be extended by the Planning D. Do not increase building ground coverage, Authority for up to three years from the date of floor area ratio, or residential density. approval. E.4. Do not substantially change access, circulation, or infrastructure on or 13.11.6 Master development plan adjacent to the site. Master development plan approvals may be F. Do not involve new waiver requests. extended by the Planning Authority up to two times, 5. Do not otherwise meet thresholds for site for up to two years from the date of expiration of plan review as described in Table 13-A. the original master development plan approval. G.6. Do not affect any condition or requirement of the Planning Board. 14.1413.11 AMENDMENTS TO APPROVED PLANS 14.14.313.12.3 Major amendments 14.14.113.12.1 Field changes An applicant may request approval by the review Changes associated with unforeseen difficulties that authority of a major amendment to an approved arise during the course of construction and site plan or master development plan by submitting involving such technical detail as utility location and an application for the amendment to the Planning substitution of equivalent plantings shall be Authority. Major amendments include changes that approved by the Public Works Authority and/or the exceed the limited criteria for a minor amendment Planning Authority. Field changes shall not involve under Subsection 14.14.2. Review procedures shall substantial alteration of the approved plan or follow those for major site plan review13.12.2. conditions imposed by the review authority. 14.1513.12 CONSISTENCY WITH 14.14.213.12.2 Minor amendments APPROVED SITE PLANS A. The Planning Authority is authorized to 13.13.1 Sites to be developed and maintained as approve minor amendments to site plans and depicted FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1413-29 Page 788 SITE PLAN A. Sites shall be developed and maintained as Authority determines that work has been depicted in the approved final site plan and the completed prior to the receipt of all approvals written submission of the applicant. Any required by this article or which is out of sequence deviations from an approved site plan, or is not in compliance with the standards of including, but not limited to, changes in Chapters 24 and 25 of the City of Portland Code of topography, vegetation and impervious Ordinances, a stop work order may be issued. Work surfaces as shown on the final site plan or shall recommence only after such order has been alteration of a parcel which was the subject of lifted by the Department of Public Works or the site plan approval after May 20, 1974, shall Building Authority on the basis of an approved require the prior approval of a revised site plan mitigation plan or action by the developer. by the Planning Board or the Planning Authority pursuant to the terms of this article. Any such 13.13.3 After-the-fact review parcel lawfully altered prior to the enactment D. Where construction, alteration, or modification date of these revisions shall not be further to a site is performed without a valid site plan altered without approval as provided herein. approval, an after-the-fact review shall be Modification or alteration shall mean and performed by the Planning Board or Planning include any deviations from the approved site Authority, as applicable. plan including, but not limited to, topography, vegetation, and impervious surfaces shown on 14.1613.13 APPEALS the site plan. 14.16.113.14.1 SiteMinor site plan B. All construction or alterations to the site A. When the Planning Authority has performed under authorization of building approved, approved with conditions, or disapproved permits or certificates of occupancy issued for a minor site plan, any person aggrieved may appeal development within the scope of this Land Use the decision to the Planning Board within 30 Code shall be in conformance with the calendar days of the date of the written decision of approved final site plan or an amendment the Planning Authority. Upon the taking of such an thereto under Section 14.14. 13.12. The Planning appeal, the application shall be reviewed as a new Authority shall institute or cause to be application. instituted any and all actions, legal or equitable, that may be appropriate or necessary for the 13.14.2 Minor site plan enforcement of this article. B. When the Planning Board has approved, approved with conditions, or disapproved a major 13.13.2 Work pursuant to Chapter 24 or 25 site plan, any person aggrieved or the City may C. Where work is required pursuant to the appeal the decision to the Superior Court, pursuant terms of Chapters 24 or 25 as part of an approval to Rule 80B of the Maine Rules of Civil Procedure granted under this article, such work shall be and 30-A M.R.S §§ 2691 & 4483. Decisions of the accomplished in the sequence established by the Planning Board are final as of the date the written Public Works Authority. Where the Public Works decision is issued. 1413-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 789 SUBDIVISIONS 1514 SUBDIVISIONS 14.2.2 Enforcement, conveyance, markers, and recording 14.1 PURPOSE A. No person may sell, lease, develop or build This article is adopted pursuant to the terms and upon, or convey for consideration, offer or provisions of 30-A M.R.S. § 3001 and 4403, as agree to sell, lease, develop or build upon, or amended. The purpose of this article is to provide convey for consideration any land in a for the harmonious and economic development of subdivision unless the subdivision has been the city; for the orderly subdivision of land and its approved by the Planning Board, and unless a development; for the orderly development of the recording plat showing permanent marker general area surrounding such subdivision; for the locations at all lot corners has been recorded in coordination of streets within the general area; for the Cumberland County Registry of Deeds. adequate provisions for drainage, flood control, B. No subdivision plan shall be recorded by the light, air, and other public purposes; for the Cumberland County Registry of Deeds which adequate and proper installation of streets, has not been approved as required by this drainage, sanitary sewers, water, and other utilities article. Approval for the purpose of recording and facilities; for the dedication to the City of land shall appear in writing on the recording plat. for streets, alleys, or other public purposes or the C. No public utility, water district, sanitary district, transfer to the City of easements or other rights or or any utility company of any kind shall install privileges; for the reservation for the City of land to services to any lot in a subdivision which has be acquired for public facilities; and to protect not received Planning Board approval. public safety. D. Any person who sells, leases, develops or builds upon, or conveys for consideration any land in 14.2 APPLICABILITY a subdivision which has not been approved as 14.2.1 Jurisdiction required by this article shall be punished by a A. This article shall govern each and every fine of not more than $500required to submit subdivision of land as defined under 30-A M.R.S. an after-the-fact subdivision application for § 4401 and 4402 within the limits of the city each such occurrence. The City may institute unless specifically exempted under this article. proceedings to enjoin any violation of this B. When application is made for the resubdividing section. ofto resubdivide a previously recorded subdivision under the provisions of these 14.3 REVIEW PROCEDURES regulations, it shall be treated as a new 14.3.1 Application subdivision provided the applicant is the owner To obtain approval of a proposed subdivision the of rights in the recorded subdivision. subdivider or applicant shall submit an application to the Planning Authority in such form as prescribed by the Planning Authority. The application shall meet the submission requirements of the City of Portland Technical Manual, including the provisions FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-1 Page 790 SUBDIVISIONS for a subdivision plat for presentation to the 14.3.4 Notice of public meeting Planning Board and public, all engineering data and A. Prior to any Planning Board workshop or plans necessary for the completion of the required hearing on the subdivision application, the improvements, supplemental submission items, a applicant shall be responsible for posting a recording plat, and written submittals notice of public meeting sign on the property demonstrating compliance with the review criteria where the subdivision is to occur. The of this article. A payment of a nonrefundable dimensions, construction, and content of the application fee, as established by the City Council to sign shall be in accordance with standards cover administrative costs and costs of a hearing, established by the Planning Authority. shall accompany each application. B. The sign shall be posted at least ten days prior to the public workshop or hearing date, and 14.3.2 Receipt of application notice shall be removed from the site no more than A. When an application for subdivision is received three days following the date of the meeting. or generated by the Planning Authority, it shall C. Once the required notice of public meeting give a dated receipt to the applicant and shall signage is posted, the applicant shall submit a notify, by mail, the following, where applicable. completed certification of posting form to the 1. All property owners within 500 feet of the Planning Authority. proposed subdivision, except that for D. In the event that a required notice of public subdivisions within industrial zones, the meeting sign is knocked overobstructed, notice range shall be 1,000 feet. . removed, or made illegible, it shall be the 2. The clerk and the reviewing authority of responsibility of the applicant to promptly reset municipalities that abut or include any or replace the sign, though failure to do so shall portion of a proposed subdivision. not invalidate the review. 3. A public drinking water supplier if the subdivision is within its source water 14.3.5 Review costs protection area. A. The subdivider shall pay a fee to cover the B. The notice hereunder shall include a brief engineering review costs and administrative description of the application, the address or costs to be incurred by the City. The fee shall location of the property involved and a be based upon the actual hours of review time telephone number at the City where additional and prevailing hourly rate for reimbursement of information may be obtained. The cost of City costs, and shall be invoiced periodically by noticing shall be charged to the applicant. the City. B. No land use permits or applications of any kind 14.3.3 Neighborhood meetingoutreach shall be processed, reviewed, or issued, no An applicant for the subdivision of five or more lots signed subdivision plats shall be released or shall conduct a neighborhood meetingoutreach recorded, and no building permits of any kind according to the provisions of Subsection 1413.5.5. shall be issued, for any project whose permit fee is governed by this article unless all charges 14-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 791 SUBDIVISIONS due have been paid and the developer is 14.3.8 Effect of subdivision approval otherwise in compliance with the City of Receipt of the approved copy of the subdivision plat Portland Code of Ordinances. of the subdivider is not authorization that the 14.3.6 Timing of subdivision review developer may proceed with the construction of A. Within 30 days of receiving an application, staff any improvements. No construction will proceed shall notify the applicant in writing either that until the recording plat, meaning a completed the application is complete or, if it is subdivision plat in form for approval and recording, determined to be incomplete, the specific including all waivers and a surveyor’s stamp, has additional materials needed to make it a been approved by the Planning Board and has been complete application. After the review properly recorded as required in Subsections 15.3.9 authority has determined that a complete and 15.3.10. application has been filed, it shall notify the applicant and begin its full evaluation of the 14.3.9 Recording plat approval proposed subdivision. Consideration of the recording plat shall not take B. A public hearing shall be commenced within 30 place until the subdivision plat is approved. days following the receipt of a complete subdivision application by the review authority. 14.3.1014.3.8 Recording The Planning Board shall render its decision on A. Prior to the release of a signed, approved any application submitted to it within 30 days recording plat, all current charges due under of a public hearing or such other time as may this article shall be paid. be mutually agreed to by the Planning Board B. When the recording plat, meeting the and the applicant. requirements of the City of Portland Technical Manual, is approved, the subdivider shall pay 14.3.7 Subdivision approval the actual cost of recording and reproduction. The Planning Board shall approve, approve C. The recording plat shall be recorded in the conditionally, or disapprove such subdivision office of the Cumberland County Registry of application at a public hearing. If approved Deeds by the subdivider. conditionally, the conditions and reasons shall be D. The registry book and page numbers shall be stated and given in writing to the subdivider and, if transcribed on one mylar copy of the recording necessary, the Planning Board may require the plat to be sent to the Public Works Authority. subdivider to submit a revised subdivision plat. If the Unless the subdivider shall record his or her Planning Board should disapprove the subdivision records the approved recording plat within plat, the reasons for such action shall be stated and three years afterof the Planning Board has given in writing to the subdivider, and the Planning approvedBoard’s approval of the subdivision Board may state the conditions under which the plat, the recording plat approval shall become proposed subdivision would be approved. null and void. The preceding sentence notwithstanding, if the Planning Board's initial approval of a subdivision is based in part upon FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-3 Page 792 SUBDIVISIONS the granting of a waiver from any of the remaining sections of the plat shall remain in effect applicable subdivision approval standards, no for five years after Planning Board approval. such waiver shall be valid unless that fact shall beis expressly noted on the face of the 14.4 REVIEW STANDARDS recording plat and shall be noted in a 1514.4.1 Standards of review certificate, each of which . The recording plat Before granting approval, the Planning Board shall and certificate shall conform to the determine that the proposed subdivision: requirements of 30-A M.R.S. § 4406, and A. Will not result in undue water or air pollution. suchboth the recording plat or suchand In making this determination, the Planning certificate or both of them areshall be Board shall at least consider the elevation of recorded in the Cumberland County Registry of land above sea level and its relation to the flood Deeds within two years of final subdivision plains,floodplains; the nature of soils and approval. subsoils and their ability to adequately support waste disposal,; the slope of the land and its 14.3.1114.3.9 Sectional recordings effect on effluents,; the availability of streams Following subdivision plat approval, the Planning for disposal of effluents,; and the conformity Board may permit the subdivision to be divided into towith the applicable state and local health and two or more sections for recording purposes water resources regulations. subject to any conditions that the Board deems B. Has sufficient water available for the reasonably necessary in order to insureensure the orderly foreseeable needs of the subdivision. development of the plan. The applicant may seek C. Will not cause unreasonable burden on an approval of and record A sectional recording plat existing water supply. with the Cumberland County Registry of Deeds only D. Will not cause unreasonable soil erosion or if the section constitutesshall constitute at least reduction in the capacity of the land to hold 20% of the total number of lots contained inwithin water so that a dangerous or unhealthy the approval platapproved subdivision, and, in condition may result. addition, showsshall show the entire tract or parcel. E. Will not cause unreasonable highway or public being subdivided. For the purposes of this article, road congestion, or unsafe conditions with tract or parcel shall mean all contiguous land respect to use of the highwayhighways or inunder the same ownership, provided that lands public roads that are existing or proposed. located on opposite sides of a public or private road F. Will provide for adequate sanitary waste and shall be considered each a separate tract or parcel storm water disposal and will not cause an of land unless such road was established by the unreasonable burden on municipal services if owner of land on both sides thereof. In these they are utilized. circumstances, if the first section of the plat has G. Will not cause an unreasonable burden on the been recorded within three years after Planning ability of the City to dispose of solid waste and Board approval, subdivision plat approval of the sewage if municipal services are to be utilized. 14-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 793 SUBDIVISIONS H. Will not have an undue adverse effect on the information presented by the applicant. If the scenic or significant natural beautyresources subdivision, or any part of it, is in such an area, and other environmentally sensitive resources, the subdivider shall determine the 100-year as demonstrated by compliance with the Low- flood elevation and flood hazard boundaries Impact Development standards of the area, within the subdivision., and/or the applicable aestheticsCity of Portland Technical Manual, SLR-DFE and SLR-BFE per Section 8.1. The historic sites, significant wildlife habitat proposed subdivision plan must include a identified by the Department of Inland Fisheries condition of plan approval requiring that and Wildlife or by the City, rare and principal structures in the subdivision will be irreplaceable natural areas, or any public rights constructed in compliance with their lowest for physical or visual access to the shoreline. floor, including the basement, at least one foot For subdivisions within local historic districts, above the 100-year flood elevationprovisions of the Planning Board shall apply the standards of Section 8.1 and Article 12. Subsection 1716.87.3(C). The Planning Board N. Will provide for adequate stormwater may request that the Historic Preservation management as demonstrated by compliance Board prepare an evaluation of the proposed with the stormwater standards of the City of subdivision based upon the standards of Portland Technical Manual. Subsection 1716.87.3(C). O. Will not have lots with a lot depth-to-shore I. Is in conformance with the adopted frontage ratio greater than 5 to 1 if any lots in Comprehensive Plan or its successor. the proposed subdivision have shore frontage J. The subdivider has adequate financial and on a river, stream, brook, great pond, or coastal technical capacity to meet the standards of this wetland as these features are defined in Title 38 subsection. § 480-B. For purposes of this measurement, K. Whenever situated, in whole or in part, within shore frontage shall be the length of a lot the watershed of any pond or lake or within bordering on a water body or wetland 250 feet of any wetland, great pond, or river as measured in a straight line between the defined in Title 38, Chapter 3, Subchapter I, intersections of the lot lines with the shoreline. Article 2B, will not adversely affect the quality P. For any proposed subdivision that crosses of such body of water or unreasonably affect municipal boundaries, will not cause the shoreline of such body of water. unreasonable traffic congestion or unsafe L. Will not, alone or in conjunction with existing conditions with respect to the use of existing activities, adversely affect the quality or public ways in an adjoining municipality in quantity of groundwater. which part of the subdivision is located. M. Is or is not in a flood prone area, based on the Federal Emergency Management Agency's flood boundary and floodway maps and flood insurance rate maps and/or the City of Portland Coastal Flood Resilience Overlay Zone, and FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-5 Page 794 SUBDIVISIONS 14.5 TECHNICAL AND DEVELOPMENT proposed subdivisions shall be subject to the STANDARDS approval ofby the Public Works Authority. 14.5.1 Technical standards B. The proposed street layout shall be All subdivisions and associated improvements, coordinated with the street system of the excluding subdivisions exempted under Section surrounding areas. All streets must provide for 1514.12 of this article, shall, in addition to the criteria the continuation or appropriate projection of listed herein, adhere to all applicable standards of streets in surrounding areas and provide means the City of Portland Technical Manual, unless of ingress and egress for surrounding tracts. formally waived by the Planning Board. C. When connecting streets within residential neighborhoods, new streets shall contribute to 14.5.2 Timing of subdivision improvements a neighborhood street system characterized by The Department of Public Works shall establish the a network of interconnected streets, which sequence in which work is to be accomplished. minimizes through-traffic in residential Where it is determined by the Public Works neighborhoods. . The layout of subdivision lots, Authority that work has been completed prior to streets, and pedestrian ways shall promote the receipt of all approvals required by this article, multiple paths of travel to get to destinations or which is out of sequence, or is not in compliance within and between neighborhoods by foot and with the standards of this section and of Chapter 25, bicycle, as well as auto. the Director of Public Works or an inspector from D. The interconnection of new and existing streets the Public Works Authority may issue a stop work is further subject to the following provisions to order. Work shall recommence only after the stop minimize and mitigate through-traffic in work order has been lifted by the Director of Public residential neighborhoods: Works or an inspector from the Public Works 1. Where a determination is made that a Authority. Violation of the stop work order shall be proposed street connection will result in considered an offense. substantial increases in traffic volume and speed on the effected public streets, the 14.5.3 Subdivision names Planning Board may require appropriate Subdivision names for plats shall be subject to traffic calming solutions as set forth in approval by the Planning Board and shall not Chapter 28 of the City of Portland Code of duplicate the name of any plat already recorded. Ordinances. The Public Works Authority may by regulation and amendment to the 14.5.4 Streets Technical Manual establish standards for A. All streets shall be platted along contour determining what is a “substantial increase elevations which result in minimum in traffic volume and speed.” gradesminimal grade changes and ensure the 2. In any circumstances where a street greatest visibility wheneverwherever connection is allowed, the Planning Board practicable, with consideration given for may condition subdivision approval to anticipated use of the land. Street grades in all require the developer to monitor future 14-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 795 SUBDIVISIONS traffic patterns to determine whether, existing public through-street network using existing traffic calming standards, connecting the same arterials. new or additional traffic calming measures c. There is no likelihood that other should be employed. The extent and public street connections will be design of traffic calming shall be developed in the future that would determined by the Public Works Authority connect the arterials, whether to mitigate the post development impact because of topography limitations, of connecting new and existing streets. existing development patterns, or 3. In cases where post-development other similar reason. monitoring shows that increased traffic 5. In circumstances where vehicular volume and speed is such that further connections are disallowed, the Planning traffic calming would be insufficient to Board shall require that adequate right-of- mitigate traffic negative impacts of way is reserved to permit the extension of through-traffic, the DPW may require that the street for pedestrian, bicycle, the connection be modified to exclude emergency use, and potential vehicle regular vehicular traffic, while retaining connections as may develop in the future. bicycle, pedestrian, and where needed, E.D. Reserve strips or spite strips for unspecified or emergency vehicle connections. The unacceptable purposes are prohibited. Public Works Authority shall develop F.E. Street right-of-way widths shall be as provided typical standards and specifications for in Chapter 25 of the City of Portland Code of bicycle, pedestrian, and emergency vehicle Ordinances and the City of Portland Technical connections and/or turnarounds. Manual. However, private streets within PRUDs 4. Where a determination is made by the shall be exempt from the street right-of-way Public Works Authority that a proposed and roadway width requirements established in street connection will result in substantial the City’s Technical Manual, provided that no increases in traffic volume and speed on such street shall be accepted by the City unless the affected public streets, the Planning it is first improved to City standards at the Board may disallow a proposed street expense of those persons requesting the street connection for vehicular purposes in favor acceptance. Private streets within a PRUD or a of a connection for non-vehicular shall meet specifications established by the purposes in situations where a proposed Public Works Authority. All private streets shall residential street connection meets all of be designed by a professional engineer and the following criteria: shall be built according to accepted a. The new street would result in the engineering standards. connection of two arterials. G.F. Proposed subdivisions along existing, or b. The street would be located in a dedicated, or platted streets where rights-of- neighborhood where there is no way are inadequate shall provide additional land to meet the minimum standards. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-7 Page 796 SUBDIVISIONS H.G. Streets shall not occupy more land than shall, except for detention or retention ponds neededis necessary to provide access, nor or basins and regularly free flowing create unnecessary fragmentation of the watercourses, be structurally enclosed in subdivision into small blocks. Streets will be accordance with the standards of the Public designed to discourage outside traffic from Works Authority, and shall be dedicated with traversing the development. sufficient land for maintenance purposes. I.H. All dead-end streets shall provide for a cul-de- Warranty deeds to such areas shall be sac or, in the case of a dead-end street which submitted for acceptance by the City Council at will be extended, a temporary turn around at the same time as the acceptance of streets. All the end of the street, subject to the approval of such areas as are not intended for City the Public Works Authority. maintenance shall be permanently protected J.I. Sidewalks shall be constructed on each side of and maintained by private agreement, deed each street in accordance with Chapter 25 of covenant or restriction, as appropriate, in form the City of Portland Code of Ordinances. approved by the Corporation Counsel. Sidewalks to be used by pedestrians are to be C. The subdivider shall be responsible for the so located as to minimize contacts with normal construction of all sewers and storm drains automotive traffic, with preference given to including manholes, catch basins and any other interior walks away from streets in common appurtenances as may be deemed necessary by open space in block interiors. the Public Works Authority. All work shall be K.J. Curbs shall be constructed on each side of each completed in accordance with the Department street. The curbing shall be constructed as of Public Works specifications. provided in Chapter 25 of the City of Portland Code of Ordinances. 14.5.6 Blocks L. Street names for all subdivisions shall appear A. A maximum block length of 800 feet, measured on the subdivision plat and be subject to from the nearest street lines of intersecting approval by the Planning Board. streets, shall be observed except where, in the opinion of the Planning Board, conditions 14.5.5 Sewers and storm drains justify a departure from this standard. In A. All subdivisions shall be provided with adequate general, block size should be the maximum, storm drain systems within the subdivision most consistent with the use and shape of the separate from any sanitary sewer system site and the convenience and safety of the required in Chapter 25 of the City of Portland occupants. Code of Ordinances. The design of all sewers B. In blocks exceeding 800 feet in length, and storm drains shall be subject to approval by measured from the nearest street lines of the Public Works Authority. intersecting streets, the Planning Board may B. Any natural or manmade areas, systems or shall require, where feasible, the reservation of facilities designated for stormwater control a 20 foot wide easement to the City through purposes, and intended for City maintenance the block to provide for the crossing of 14-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 797 SUBDIVISIONS underground utilities and pedestrian traffic D. Where feasible, side lot lines shall be at right where needed or desirable and may further angles to street lines (or radial to curving street specify, at its discretion, that a four foot wide lines). pavedan accessible foot path be included. C. The length, width and shape of blocks shall be 14.5.8 Public open space determined on the basis of: A. In all subdivisions, open space may be provided 1. Provision of adequate building sites for parks, recreationalrecreation, and other suitable to the special needs of the type of public areasuse. Where no public open space use contemplated. or recreational areas exist in close proximity to 2. Zoning requirements as to lot sizes, the subdivision, or where a lack of such areas in setbacks and dimensions. the subdivision would require its disapproval 3. Needs for convenient access, circulation, under Section 1514.4, the Planning Board may control and safety of street traffic. require provision of land for park or 4. Limitations and opportunities of recreational purposes. Such lands may be topography. designated for public or private ownership in D. Blocks with lots having double frontage on accordance with the conditions stated in this streets shall be avoided. subsection, subject to the approval of the E.D. The foregoing dimensions may be adjusted by Planning Board. the Planning Board where type of use or B. If a tract or parcel is intended for public topography requires such modification. ownership and is so designated on the subdivision plat, the acceptance of such land 14.5.7 Lots shall be first recommended by the A. Lots shall conform to the provisions of Article 7 variousappropriate City departments and the and all other relevant provisions of the City of Planning Board, and sent to the City Council for Portland Code of Ordinances. final determination. B. Where easements for public utilities, storm C. If a tract or parcel is designed or intended to be drains, or sanitary sewers are contemplated, owned and used in common for recreational or the lot lines shall be located in such a manner other public or semi-public purposes, and such as to facilitate construction of such facilities intent is so designated on the subdivision plat, and the maintenance thereof. appropriate documents in form approved by C. Lots which are reserved or laid out for the Corporation Counsel shall be submitted to business, commercial, or industrial purposes the Planning Board. Such documents shall shall have sufficient width and depth to clearly: accommodate the off-street parking and 1. Set forth the nature of the permanent loading facilities required for the type of use organization under which common and development contemplated, as established ownership is to be established, including its in Article 19. to be provided. purpose, how it shall be governed and administered, the provisions made for FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-9 Page 798 SUBDIVISIONS permanent care and maintenance of the A. Proposed industrial parcels shall be suitable in common property for its share of the cost area and dimensions to the commercial or of administering and maintaining such industrial development anticipated. common property. B. Street rights-of-way and pavement shall be 2. Set forth the extent of common interest adequate to accommodate the type, weight, held by the owner of each individual parcel and volume of traffic anticipated to be in the tract held in common with others. generated. C. The design and installation of public utilities, 14.5.9 Access to shoreline including water, sewers, and storm water A. In all subdivisions having shore frontage on the drainage, shall be adequate to accommodate island of Casco Bay, existing legal rights of the anticipated usage. public access to the shoreline shall be D. Streets carrying truck traffic shall not normally preserved. The proposed street layout and be extended to the boundaries of adjacent circulation plan shall be suitably integrated with existing or potential residential areas. such existing public access in a manner that reasonably promotes the public use of such 14.6 WAIVERS access. The proposed street layout and 14.6.1 Request for waivers circulation plan shall also be designed to A waiver of plat requirements or technical preserve any legal rights to any significant standards shall be applied for in writing by the water views and scenic vistas from such rights- subdivider. The decision of the Planning Board on of-way. such request shall be final. B. In all subdivisions having any lots within the Shoreland Overlay Zone, legal rights of private 14.6.2 Waiver standards access to waters shall, to the extent reasonably A. Except for the requirements set forth in feasible, be established for the benefit of all lots Subsection 1514.5.4 pertaining to the provision within the subdivision not otherwise having and construction of curbs and sidewalks, the such access. Planning Board, if it finds that extraordinary conditions exist or that undue hardship may 14.5.10 Additional requirements for result from strict compliance with these nonresidential subdivisions regulations, may vary the regulations so that All nonresidential subdivisions, meaning subdivisions substantial justice may be done and the public not intended for human habitation, such as a interest secured, provided that such variation commercial or industrial subdivision, must meet the will not have the effect of nullifying the intent following additional requirements, except as waived and purpose of the Comprehensive Plan and by the Planning Board due to the commercial or the regulations of this article. industrial nature of the development:: B. Where the Planning Board or Planning Authority finds that, for each of the requirements listed in (1) and (2) below, two or 14-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 799 SUBDIVISIONS more of the conditions exist with respect to a. The cost to construct the curbing, compliance with the requirements set forth in including any applicable street Subsection 1514.5.4 pertaining to the provision opening fees, is in excess of 5% of the and construction of curbs and/or sidewalks, it overall project cost. may waive, in whole or in part, the regulations b. The reconstruction of the street is so that substantial justice may be done and the specifically identified and approved in public interest secured. the first or second year of the current 1. Sidewalks Capital Improvement Program or has a. There is no reasonable expectation for been funded through an earlier CIP or pedestrian usage coming from, going through other sources. to and traversing the site. c. The street has been rehabilitated b. There is no sidewalk in existence or without curbing in the last 60 months. expected within 10001,000 feet and d. Strict adherence to the curb the construction of sidewalks does requirement would result in the loss not contribute to the development of of significant site features related to a pedestrian oriented infrastructure. landscaping or topography that are c. A safe alternative-walking route is deemed to be of a greater public reasonably and safely available, for value. example, by way of a sidewalk on the e. Runoff from the development site or other side of the street that is lightly within the street does not require traveled. curbing for stormwater management. d. The reconstruction of the street is C. In no event shall the waiver have the effect of specifically identified and approved in creating potentially hazardous vehicle and the first or second year of the current pedestrian conflict or nullifying the intent and Capital Improvement Program or has purpose and policies of the Comprehensive been funded through an earlier CIP or Plan relating to transportation and pedestrian through other sources. infrastructure and the regulations of this e. The street has been constructed or article. reconstructed without sidewalks within the last 24 months. D. At its discretion, the Planning Authority may f. Strict adherence to the sidewalk refer any petition for a waiver from the curb requirement would result in the loss and sidewalk requirement to the Planning of significant site features related to Board for decision. landscaping or topography that are deemed to be of a greater public 14.6.3 Modifications for Planned Unit value. Developments 2. Curbing The standards and requirements of this article may be modified by the Planning Board in the case FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-11 Page 800 SUBDIVISIONS of a plan and program for a planned unit improvements within two years from the origination development which in the judgment of the date of such guarantee. In no case shall the term of Planning Board provides adequate public such guarantee be for a period of less than one spaces and improvements for the circulation, year, nor shall any performance guarantee expire recreation, light, air, and service needs of the between October 30 and April 15 of the following tract when fully developed and populated, and year. which also provides such covenants or other legal provisions as will assure conformity to and 14.7.2 Inspection fees achievement of the Comprehensive Plan. At the same time that the developer posts a performance guarantee, the developer shall also pay 14.6.414.6.3 Modifications approved by to the City an inspection fee as determined by the Public Works City Council. If a performance guarantee is If at any time before or during the construction of extended beyond its original expiration date, then the required improvements the subdivider an additional inspection fee in an amount to be demonstrates to the satisfaction of the project determined by the City shall be required. engineer and the Public Works Authority that unforeseen conditions make it necessary or 14.7.3 Establishing the performance guarantee preferable to modify the design of the required amount improvements, the Public Works Authority may A. The performance guarantee shall be equal in authorize modifications provided that the value to 100% of the estimated cost of the modifications do not amount to a waiver or required subdivision improvements as shown substantial alteration of the function of any on the approved subdivision plat, as a condition improvements required by the Planning Board. of Planning Board approval, as required in the City of Portland Code of Ordinances, and/or as 14.6.514.6.4 Conditions required by the City of Portland Technical In granting waivers and modifications, the Planning Manual. Board and City Council may require such conditions B. The performance guarantee amount shall be as will, in their judgment, secure substantially the estimated by the applicant or representative on objectives of the standards or requirement so a form provided by the City and shall be waived or modified. submitted for review and approval to the Planning Authority. Costs to be included in the 14.7 GUARANTEES AND ASSOCIATED FEES estimate, and which shall be covered by the 14.7.1 Performance guarantee required performance guarantee, include but are not Following subdivision approval and prior to the limited to:items such as street and sidewalk release of the signed recording plat, the subdivider improvements including street lights, shall post with the City a performance guarantee in monuments, curbing, ramps, detectible warning the form and amount specified herein, specifying panels, and striping; earth work and grading; the completion of the required subdivision utilities infrastructure and connections 14-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 801 SUBDIVISIONS including sewer, stormwater, and water service; final plans have been submitted to the Planning exterior site lighting; erosion control measures Authority. as shown on the approved erosion and B. Written permission has been received from the sedimentation control plan; open space and Planning Authority or his/her designee that such recreation amenities; and final site stabilization site alterations may proceed pending subdivision and landscaping. approval. Such permission is solely within the C. The Planning Authority may waive all or any discretion of the Planning Authority and shall be portion of this requirement if it determines granted only after submission of a written that the subdivider has a proven record of request setting forth the work proposed to be satisfactory performance and sufficient done on the site. All such work shall be done in financial capability. compliance with information provided with the subdivision application. An erosion control plan 14.7.4 Phased projects shall also be submitted when deemed necessary If a project is reviewed and approved as a phased by the Planning Authority. Such written project, the corresponding performance guarantee permission shall not be required when the only may also be phased. A separate performance work proposed is the digging of test pits. guarantee shall be posted for each phase. Each phase of such project shall be independent of 14.7.7 Acceptable forms for the performance subsequent phases and shall conform to all guarantee standards of this article in the event that The performance guarantee, in the amount subsequent phases do not go forward. approved by the Planning Authority, shall be a letter of credit, an escrow account with a responsible 14.7.5 Advanced site work financial institution, or the deposit to the City of On a case-by-case basis, permission for advanced Portland Finance Department and shall be in site work may be granted by the Planning Authority. conformance with the templates and forms made Such permission is solely within the discretion of available by the City. If the performance guarantee the Director of Planning and Urban Development is a deposit to the City, the City shall hold such and shall be granted only after submission of a funds in a noninterest-bearing account until criteria written request setting forth the work proposed to for performance guarantee release have been be done on the site. Such written permission shall satisfied. The performance guarantee shall be in the not be required when the only work proposed is the name of the City and shall be approved by the digging of test pitsAuthority. Finance Director as to financial sufficiency and the Corporation Counsel as to proper form and legal 14.7.6 Alterations to pending subdivisions sufficiency. Alterations may be made to a site with a pending subdivision application if: 14.7.8 Reductions of the performance guarantee A. At minimum, a performance guarantee for the A. Up to three times during the construction of a proposed site alterations has been posted and project, upon request of the subdivider, a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-13 Page 802 SUBDIVISIONS performance guarantee may be reduced by the guarantee except and until authorized in writing value equal to the estimated cost of the from the Planning Authority. completed improvements. In no case shall any B. For subdivisions, no performance guarantee performance guarantee be reduced by any line shall be released until the Public Works item on the cost estimate where improvements Authority has performed a final inspection of remain to be completed. Requests shall be the roadway and determined satisfactory submitted on a form provided by the City for completion of the required improvements. review and approval by the Planning Authority. Additionally, no performance guarantee shall be B. In no case shall any performance guarantee be released until the City is in receipt of a petition reduced to an amount equal to or less than the for street acceptance, deemed complete and required defect guarantee until all criteria set satisfactory by Corporation Counsel and/or the forth for converting to the defect guarantee Public Works Authority. The petition for street have been met, as approved by the Planning acceptance must include a warranty deed (with Authority. metes and bounds description) to the property within each street of the subdivision or 14.7.9 Extension of the performance guarantee roadway extension and any other If the Planning Authority and/or the Public Works improvements intended for City maintenance. Authority has reasonable doubt concerning the C. Upon the satisfactory completion of the stability or proper construction of the required site required site improvements and satisfactory improvements, the developer shall be required to compliance with all conditions of approval reconstruct or otherwise address the issues to the including the submission of as-built drawings as City’s satisfaction. If the performance guarantee is applicable, the Planning Authority shall scheduled to expire before the extent or necessity authorize, in writing, conversion to the defect for such further work can be determined, the guarantee. The defect guarantee shall be 10% developer shall be required to extend the of the original performance guarantee amount performance guarantee covering such and shall remain in place for a period of one improvements, or secure a new guarantee, for a year. The defect guarantee shall ensure the period and amount deemed necessary by the workmanship and the durability of all materials Planning Authority and/or the Public Works used in the construction of the required site Authority. improvements. The Planning Authority may authorize the defect guarantee to be released 14.7.10 Release of the performance guarantee at any time within the one-year period, A. No performance guarantee shall be released provided all required site improvements have until all fees generated by the project are paid been constructed and in-place for one year or to the City, including but not limited to more and the workmanship and the durability engineering, inspection, and administrative fees. of all materials has been inspected and The guarantor shall not be released from the confirmed to be satisfactory. 14-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 803 SUBDIVISIONS 14.7.11 Improvements required prior to release of I. Street lighting shall be installed in accordance guarantee with the standards of the Public Works Prior to the release of the performance guarantee, Authority. the subdivider shall have completed the following J. A public water supply shall be installed subject improvements: to the approval of the Portland Water District. A. All streets shall be graded in conformity with K. Erosion control measures shall be taken both the requirements set out in Section 1514.5 and during and after construction in accordance in accordance with Chapter 25 of the City of with the standards of the Public Works Portland Code of Ordinances. Authority. B. On all streets, side streets, and alleys, a suitable hard surfaced permanent pavement shall be 14.7.12 Acceptable forms for the defect installed meeting the requirements set forth in guarantee Chapter 25 of the City of Portland Code of The defect guarantee, 10% of the original Ordinances. performance guarantee amount approved by the C. Water, gas, sanitary sewer mains, and storm Planning Authority, shall be a letter of credit, an drains shall be constructed prior to the escrow account with a responsible financial installation of paving with all mains being institution, or the deposit to the City of Portland extended from all lots having sufficient stub finance department and shall be in conformance outs to avoid subsequent breaking of with the templates and forms made available by the pavement. City. If the defect guarantee is a deposit to the City, D. Sidewalks and curbs shall be constructed as the City shall hold such funds in a noninterest- required in Section 1514.5. bearing account until criteria for performance E. Adequate storm drains shall be constructed guarantee release have been satisfied. The subject to the provisions of Section 1514.5 and performance guarantee shall be in the name of the in accordance with the Public Works Authority City and shall be approved by the Finance Director specifications. as to financial sufficiency and the Corporation F. A total of two trees per lot, which shall be Counsel as to proper form and legal sufficiency. street trees, shall be planted near the street line in full public view on private property, as 14.7.13 Abandoned site directed by the City Arborist. Existing healthy 14.7.13 Use of the performance guarantee trees may be credited toward this requirement, In the event that a development site is abandoned subject to the approval of the City Arborist. or the site improvements do not meet City G. Permanent markers shall be set as prescribed standards as approved in the subdivision plat, the by the Public Works Authority. performance guarantee may be utilized to stabilize, H. All utility lines shall be placed underground secure, complete construction, and/or restore the unless otherwise approved by the Planning site as may be necessary, including, but not limited Board. to, revegetation of areas, grading, and fencing. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-15 Page 804 SUBDIVISIONS 14.8 CONSTRUCTION RECORDS AND A. The rearrangement of lot lines does not INSPECTION increase the number of lots within a block or 14.8.1 Inspection of construction other subdivision unit or area. The project engineer and City Engineer shall have B. The alteration will not affect any street, alley, the right to enter and inspect the construction site utility easement or drainage easement. during all phases of the project to ensure C. The alteration meets all of the minimum compliance with this article. requirements of this Land Use Code and other applicable state and local codes. 14.8.2 Required construction records D. The alteration is approved by the Public Works After approval of the subdivision plat and prior to Authority and the Fire Department. the construction of any of the subdivision's public Such approved alterations shall be properly improvements, the subdivider shall supply the City recorded in the registry within 30 days thereof or Engineer with a complete set of engineering they shall be null and void. Recording of approved drawings showing all streets, sanitary sewers, and alterations also shall be in accordance with the surface water drains, and all appurtenant work requirements of 30-A M.R.S. § 4406. within the subdivision. 14.11 VACATION OF PLATS 14.9 TRANSFER OF OWNERSHIP Any such plat recorded, or any portion thereof, may The purchasing party or other succeeding owner of be vacated with the consent of the City Council as a subdivision for which a recording plat has received follows: prior approval, but which has not yet been accepted A. At any time before the sale of any lot therein, by the City, shall assume full responsibility for by written instrument, signed by the City and completion of the subdivision's improvements until the owners of such subdivision, declaring the the subdivision street or streets are accepted by the same to be vacated and describing therein the City. The purchaser or other succeeding owner of part or portion to be so vacated. an unaccepted subdivision shall be required to B. At any time after the sale of any lot therein and comply with all the provisions of this article as if he by written instrument, signed by the City and all were the original subdivider, and shall become owners of record of lots shown on the plat, responsible for completing such improvements in declaring the same to be vacated and the same manner as the original subdivider. describing therein the part or portion to be so vacated. 14.10 PLAT AMENDMENTS C. Any instrument so executed vacating all or a The Planning Authority may approve alterations to portion of any plat shall be duly filed and an approved recording plat when all of the following recorded in the Cumberland County Registry of conditions are met. Otherwise, a new subdivision Deeds. The execution and recording of the plat must be submitted to the Planning Board: instrument described in (B) above shall vest fee simple title to the centerline of the street, alley or easement for public passage so vacated in 14-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 805 SUBDIVISIONS the owners of abutting properties. Title to property located within the vacated streets, alleys, or easements for public passage shall pass to abutting property owners free and clear of any rights of the public or other owners of lots shown in the plan, but subject to the rights of the owners of any public utility installations which have been previously erected therein. 14.12 EXEMPTIONS 14.12.1 Subdivisions prior to 1979 This article does not apply to subdivisions approved prior to June 6, 1979, nor to subdivisions in existence prior to June 6, 1979, nor to subdivisions which have been legally recorded in the Registry of Deeds prior to June 6, 1979. 14.12.2 Division by demise, condemnation, order, or gift A division accomplished by devisedemise; condemnation; order of court; gift to a person related to the donor by blood, marriage, or adoption, unless the intent of such gift is to avoid the objectives of this article; or by transfer of any interest in land to the owner abutting thereon shall not be considered to create a lot or lots for purposes of this article. 14.13 APPEALS An appeal from any final decision of the Planning Board regarding subdivision approval may be taken by the applicant or his or hertheir authorized agent to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 14-17 Page 806 IMPACT FEES 1615 IMPACT FEES Impact Fee Study. If the proposed development is of a type not listed in the impact fee schedule, then 15.1 PURPOSE the impact fees applicable to the most nearly The purpose of this article is to ensure that new comparable type of land use listed in the impact fee development in the City of Portland bears a schedule shall be used. proportional or reasonably-related share of the cost of new, expanded, or replacement infrastructure 15.3.3 Mixed use development necessary to service that development through the In the event that there is more than one use within payment of impact fees dedicated to funding a building, impact fees shall be calculated separately improvements made necessary by development, or for each use. the construction of improvements as provided for herein. This ordinance is enacted pursuant to the 15.3.4 Redevelopment authority of 30-A M.R.S. § 4354 and 30-A M.R.S. § In calculating the impact fee for a new building that 3001. involves the full or partial demolition of a building housing an existing, legally established use or uses, 15.2 APPLICABILITY such new building shall be credited with an amount The following shall be subject to impact fees, with equal to the fee that would have been charged to the exception of municipal buildings, which shall be the use or uses which occupied the structure at the considered exempt: time of demolition permit. If the impact fee A. Any new building or addition to existing calculation for the post-development condition is buildings which results in net new residential greater than the credit, the applicant shall pay the dwelling units, nonresidential building square difference. If the impact fee calculation for the footage, or water/wastewater meters, and post-development condition is less than the credit, B. Any change of use which results in a net then the applicant shall not be required to pay an increase in impact fee per Subsection 1615.3.6. impact fee. The City shall not grant credits for demolitions for which a permit was issued more 15.3 CALCULATION OF IMPACT FEE than 10 years prior to the complete application for a 15.3.1 In general building permit. Impact fees shall be calculated based on the impact fee schedule in effect at the time of submittal of a 15.3.5 Building additions complete application for a building permit. In calculating the impact fee for building additions, each developed property shall be credited with an 15.3.2 Determination of use amount equal to the fee that would have been The determination of the applicable land use charged to the existing use at the time of the category in the impact fee schedule shall be made addition of floor area. If the impact fee calculation by the Department of Permitting and Inspections for the post-development condition is greater than with reference to the City of Portland’s most recent FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 15-1 Page 807 IMPACT FEES the credit, the applicant shall pay the difference. If less than the credit, then the applicant shall not be the impact fee calculation for the post- required to pay an impact fee. development condition is less than the credit, then the applicant shall not be required to pay an 15.4 ANNUAL ADJUSTMENT OF IMPACT FEE impact fee. To account for inflation, there shall be an automatic annual increase in the impact fee schedule reflected 15.3.6 Changes of use in this ordinance every January 1 based on the In calculating the impact fee for changes of use, change in the construction cost index as published each developed property shall be credited with an by Engineering News Record. The fee adjustment amount equal to the fee for the use in the highest shall be calculated by dividing the index amount fee category that has existed on the developed published on January 1 of the current year by the property within the previous 10 years. If the impact index amount published on January 1, 2018 and fee calculation for the proposed use is greater than multiplying the resulting ratio by each fee amount. the credit, the applicant shall pay the difference. If Annual adjustments shall be made available for the impact fee calculation for the proposed use is public reference. TABLE 15-A: PARKS & RECREATION AND TRANSPORTATION IMPACT FEE SCHEDULE1 Land Use Type Unit of Measure Parks/Recreation Impact Fee Transportation Impact Fee Single-family/Two-family per unit $1,126 $2,159 Three-/Four-/Multi- per unit $752 $1,023 family Retail/Service per 1,000 SF GFA $534 $8,248 Office per 1,000 SF GFA $677 $2,800 Industrial per 1,000 SF GFA $363 $1,130 Institutional per 1,000 SF GFA $645 $3,082 Hotel/Motel per room $875 $2,404 1 Land use types included impact fee schedule correspond to those in the City’s most recent Impact Fee Study. TABLE 15-B: WASTEWATER IMPACT FEE SCHEDULE Meter Size Capacity Ratio Impact Fee 5 /8 inch 1.00 $1,886 ¾ inch 1.50 $2,829 1 inch 2.50 $4,715 1 ½ inches 5.00 $9,430 2 inches 8.00 $15,088 3 inches 16.00 $30,176 6 inches 50.00 $94,300 8 inches 80.00 $150,880 15-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 808 IMPACT FEES 15.5 MODIFICATION OF IMPACT FEES 15.5.2 Substantially-reduced demand 15.5.1 Equivalent improvements The Planning Board Authority may by formal vote A. A required impact fee may be modified, in modify the payment of a required impact fee, in whole or in part, by formal vote of the Planning whole or in part, if it finds that documentation is Board in cases when an applicant is otherwise provided to demonstrate that a proposed use will before the Planning Board, or by the Planning impose no or substantially-reduced demands on Authority in all other cases, if the capital facilities for which impact fees have been reviewingPlanning Authority finds that: adopted. Such documentation shall be prepared by 1. The developer or property owner who a licensed professional engineer or other qualified would otherwise be responsible for the professional and include a written analysis of the payment of the impact fee voluntarily demand for capital facilities generated by the agrees to make infrastructure proposed use based on industry standards and the improvements for which the impact fee most recent Impact Fee Study. Documentation would be collected or an equivalent shall be submitted at the time of site plan, improvement approved by the reviewing subdivision, or building permit application. The authority, or applicant shall pay for any third-party review of 2. The developer or property owner is plans, details, or cost estimates. required, as part of a development approval by the City or a state or federal 15.6 REDUCTION IN FEES FOR AFFORDABLE agency, to make or to pay for HOUSING infrastructure improvements for which the Any residential development including low-income impact fee would be collected or an or workforce housing units and qualifying as an equivalent improvement. eligible project under Subsection 1817.2.2 shall B. Credit amounts shall be determined based on receive a reduction of fees in accordance with plans, details, and cost estimates for the Subsection 1817.2.2. proposed infrastructure improvements for which the credit is requested. Such plans, 15.7 COLLECTION OF IMPACT FEE details, and cost estimates shall be prepared by The City of Portland shall not issue any certificate of a licensed professional engineer and submitted occupancy required under the Land Use Code until at the time of site plan, subdivision, or building the applicant has paid any impact fees required by permit application. The applicant shall pay for this ordinance. any third-party review of plans, details, or cost 15.8 SEGREGATION OF IMPACT FEES FROM estimates. On-site or immediately adjacent GENERAL REVENUES improvements providing direct service to a site Impact fees collected pursuant to this ordinance as required under subdivision or site plan shall be maintained in separate, non-lapsing impact regulations shall not be considered eligible fee accounts for each of the facilities for which under this subsection. impact fees are assessed, and shall be segregated from the City’s general revenues. These accounts FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 15-3 Page 809 IMPACT FEES shall be dedicated for funding of the improvements for which the fee is collected, as determined through the City’s most recent Impact Fee Study. Funds from these accounts shall be distributed to 15.11 REVIEW AND REVISION City departments solely for the purpose of capital The impact fees established in this ordinance are projects identified in the City of Portland’s most based upon the best estimates of the costs of the recent Impact Fee Study. construction of the facilities for which the fees are collected as determined through the City’s most 15.9 USE OF IMPACT FEES recent Impact Fee Study. The Council may, by Impact fees collected by the City pursuant to this amendments to this ordinance, change the amounts ordinance may be used only for financing facility of the impact fees from time to time as warranted improvements which the City Council, through the by new information or changed circumstances. City of Portland’s most recent Impact Fee Study, has determined are made necessary by new 15.12 ADMINISTRATIVE RULES AND REGULATIONS development. The City Council has determined that The Planning Board is hereby authorized to develop fees imposed by schedules in this ordinance are rules and regulations governing the administration reasonably related to the demands created by new of impact fees collected pursuant to this ordinance. development. Impact fees collected pursuant to this ordinance shall be used exclusively for capital 15.13 EFFECTIVE DATE improvements, and the City of Portland shall expend The provisions of this article shall apply to all funds collected from impact fees solely for the building permit applications submitted following purposes for which they were collected. December 19, 2018, with the exception that any development for whom site plan approval has been 15.10 REFUND OF UNUSED IMPACT FEES granted as of December 19, 2018 shall be considered Impact fees collected pursuant to this ordinance exempt. Master development plan approval prior shall be used by the City according to the schedules to the effective date shall not confer exempt status. for the completion of specific capital improvements as specified in the City of Portland’s most recent Impact Fee Study, but in no event later than ten years after the date upon which the impact fee was collected. Any impact fees which are not so used and any impact fees collected which exceed the City’s actual costs of implementing the infrastructure improvements for which such fees were collected shall be refunded. Refunds shall be paid to the owner of record of the property for which the impact fee was collected, determined as of the date the refund is made. 15-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 810 HISTORIC PRESERVATION 1617 HISTORIC PRESERVATION D.E. Fostering civic pride in the city's history and development patterns as represented in the 16.1 PURPOSE city’s historic designations. such distinctive The purpose of this article is to promote the areas, sites, structures, and objects. educational, cultural, economic, and general welfare E. Protecting and enhancing neighborhood of the City of Portland by: character. A. Creating a mechanism to survey, identify, F. Stabilizing and improving the values of historically designate, and protect buildings, designated properties and areas. structures, objects, sites, and areas of preserve G. Protecting and enhancing the attractiveness of and enhance distinctive areas, sites, structures, the city to its home buyers, home owners, and objects that have historic, cultural, residents, tourists, visitors, businesses and architectural, and archaeological significance shoppers. consistent with the National Register of H. Fostering and encouraging preservation, Historic Places and the Secretary of the restoration, and rehabilitation that respects the Interior's Standards and Guidelines for historic, cultural, architectural, and Archeology and Historic Preservation;. archaeological significance of distinctive areas, B. Establishing standards for review of alterations sites, structures, and objects. and new construction affecting historic designations consistent with the Secretary of 16.2 DEFINITIONS the Interiors Standards for the Treatment of Alteration. Any act or process requiring a building Historic Properties; permit and any other act or process not requiring a C. Encouraging compatible rehabilitation and new building permit but specifically listed in this article construction affecting historic designations, as a reviewable action, including without limitation preventing the unnecessary loss of the the repair, reconstruction, demolition, or relocation community's significant character without of any structure or object, or any part of a structure stifling change and development; or object. B.D. Providing a resource of information and expertise to help those interested in historic Certificate of Appropriateness. A certificate designation, and rehabilitation or new issued by the Planning Authority evidencing construction affecting historic designations; approval of specific plans for alteration of a and in a district or restoring a landmark. structure, site, or designated historic landscape or C. Applying review standards in a reasonable and new construction on a site in accordance with this flexible manner to prevent the unnecessary loss article. of the community's historical features and to ensure compatible new construction and Certificate of Economic Hardship. A certificate rehabilitation in historic districts while not issued by the Planning Authority evidencing a stifling change and development or forcing hardship variance approved by the Zoning Board of modern recreations of historic styles. Appeals in accordance with Article 2. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-1 Page 811 HISTORIC PRESERVATION preservation ordinance review standards and other Certificate of Non-Applicability. A certificate information. issued by the Planning Authority evidencing a determination that specific plans for alteration of a Landmark. Any property, site, structure, or object structure, site, or designated historic landscape or of particular historic, architectural, or new construction on a site do not require approval archaeological significance to Portland, the State of Maine and/or the United States relating to its under this Article. cultural, social, economic, political, or architectural heritage, or which is associated with historic Contributing. A classification applied to a site, persons, important events or themes in local, state, structure, or object within a historic district or national history. signifying that it contributes generally to the qualities that give the historic district cultural, New construction. The adding to a structure by an historic, architectural, or archaeological significance addition, the erection or placement of any new as embodied in the criteria for designating a historic structure on a lot or property, or the district. comprehensive redesign/renovation of an existing structure. Demolition. Any act or process that partially or totally destroys a structure or object. Noncontributing. A classification applied to a site, structure, object, or portion thereof, within a District. A historic district or historic landscape historic district signifying that: 1) it does not district. contribute generally to the qualities that give the historic district cultural, historic, architectural, or Historic district. A geographically definable area archaeological significance as embodied in the possessing a significant concentration, linkage, or criteria for designating a historic district; 2) was continuity of sites, buildings, structures, or objects built within 50 years of the date of district united historically or by past events or aesthetically designation unless otherwise designated in the by plan or physical development. A district may also historic resources inventory; or 3) where the comprise individual elements separated location, design, setting, materials, workmanship, geographically but linked by association or history. and association have been so altered or have so Historic landscape district. A geographically deteriorated that the overall integrity of the site, definable area possessing a significant structure, or object has been irretrievably lost. A concentration, linkage, or continuity of landscape portion of an otherwise contributing or landmark components which are united by human use and structure may be determined by the Historic past events or aesthetically by design, plan or Preservation Board to be non-contributing if it physical development. meets one or more of the above conditions. Historic Resources Design Manual. A manual including guidelines for meeting historic 1716-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 812 HISTORIC PRESERVATION Object. Anything constructed, fabricated, or created, the use of which does not require Site. The location of a significant event, an permanent or semi-permanent location on or in the archaeological site, a landscape or traditional ground. cultural property, or a building or structure, whether standing, ruined or vanished, where the Ordinary maintenance. Acts of maintenance or location itself maintains historical or archaeological repair which do not include a change in the design, value regardless of the value of any existing material, or outer appearance of a structure, structure. including without limitation repainting, replacement of materials or windows of the same scale, texture 16.3 ADMINISTRATIVE PROCEDURES and color, and landscaping other than within an 16.2.1 Costs historic landscape district. A. Any project may be subject to fees as established by the City Council to cover Preservation. The act or process of applying administrative costs and the costs of Historic measures necessary to sustain the existing form, Preservation Board review. Applicants shall integrity, and materials of an historic property. also pay a fee to cover the professional and Work, including preliminary measures to protect administrative costs for analysis associated with and stabilize the property, generally focuses upon project review, including but not limited to the ongoing maintenance and repair of historic planning, legal, or other services. The fee shall materials and features rather than the extensive be based on the hours of review and replacement and new construction. processing time and prevailing hourly rate for reimbursement of City costs. The City shall Rehabilitation. The act or process of returning a periodically invoice the applicant for such costs property to a state of utility through repair or incurred by the City, which invoice shall be paid alteration which makes possible an efficient promptly by the applicant. contemporary use while preserving those portions B.A. Every applicant shall bear the entire or features of the property which are significant to expense of giving notice by mail and its historical, architectural, and cultural value. publication in accordance with this article. Relocation. Any removal or relocation of a C.A. No Certificate of Appropriateness, structure on its site or to another site. building, demolition, or other permit shall issue until all current charges due Restoration. The act or process of accurately under this article have been paid. The depicting the form, features, and character of the balance of any remaining review and property as it appeared at a particular period of administrative costs invoiced or incurred time by means of the removal of features from after a permit has been issued shall be other period in its history and reconstruction of paid in full by the developer prior the missing features from the restoration period. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-3 Page 813 HISTORIC PRESERVATION issuance of any temporary or permanent give any notice required by this article shall not certificate of occupancy. affect the validity of any action taken. 16.2.216.2.1 Notice of public meeting B. The Historic Preservation Board, the A. For all Certificate of Appropriateness Planning Board, the Board of Appeals, applications that are subject to Historic and the City Council shall each invite Preservation Board review, the applicant shall public comment at a public meeting in be responsible for posting a notice of public accordance with their respective rules, meeting sign on the property where the prior to any final action being taken development is to occur. The dimensions, under this article. construction, and content of the sign shall be in C.F. The Planning Authority shall advise the accordance with standards established by the Historic Preservation Board and the Planning Authority. Planning Board of any demolition permit B.A. The sign shall be posted at least 10 days prior application received by the Planning to the public workshop or hearing date, and Authority as to structures or objects shall be removed from the site no more than that have been classified as three days following the date of the meeting. noncontributing within nominated or C.A. Once the required notice of public meeting designated districts, but there shall be signage is posted, the applicant shall submit a no Historic Preservation Board review of completed certification of posting form to the such permit applications. Planning Authority. D.A. In the event that a required notice of public 16.416.2 CATEGORIES AND CRITERIA FOR meeting sign is knocked over or made illegible, HISTORIC DESIGNATIONS it shall be the responsibility of the applicant to 16.2.1 Categories of historic designations promptly reset or replace the sign, though A. Landmark. A discrete site, structure, or failure to do so shall not invalidate the review. objectbuilding, structure, object, or site and any associated area found to have particular or 16.2.3 Notices and public comment individual significance or prominence. A. Except as provided in Subsection 17.7.5, notice Landmarks may be in or outside of historic of proceedings upon any application for a districts or historic landscape districts. Certificate of Appropriateness shall be given B. Historic district. A geographically defined area only when the proposed activity otherwise possessing a significant concentration, linkage, constitutes major site plan. Notice of such or continuity of buildings, structures, sites, or proceedings also shall be furnished to any objects united by past events, culturally, or persons interested in historic preservation who aesthetically by design, plan, or physical have registered with the Planning Authority, development. The defined area may comprise and to the Historic Preservation Board and/or individual elements separated geographically the Planning Board when the proceeding is but linked by association or history. pending before a different body. The failure to 1716-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 814 HISTORIC PRESERVATION C. Historic landscape district. A geographically aspect of the development heritage of the defined area possessing a significant City of Portland, State of Maine, New concentration, linkage, or continuity of natural England region, or the United States. or man-made landscape components including 4. Significant design or buildings, structures, sites, or objects which are constructionarchitecture. Its united by past events, culturally, or aesthetically eExemplification Embody the distinctive by design, plan or physical development. The characteristics of a significant architectural defined area shall be owned in its entirety by a type, style, or design, period, or method of unit of federal, state, or local government, or construction. distinguished by innovation, any combination of such ownership at the time rarity, uniqueness, or overall quality of of nomination. design, detail, materials, or craftsmanship. 5. Significant designer. Its iIdentification as a 16.2.2 Minimum cCriteria for historic designation significant example of the work of an A. The Historic Preservation Board shall limit its architect, designer, engineer, or builder consideration to the following criteria in whose individual work is significant in the making a determination on a proposed history or development of the City of nomination of anAny area, site, structure, or Portland, the State of Maine, the New object building, structure, object, site, or area England region, or the United States. nominated for historic designation by 6. Significant theme. Its rRepresentation of a ordinance as a landmark or districtmust be significant cultural, historic, architectural, found to demonstrate significance under at archaeological, or related theme expressed least one of the following: through distinctive areas, sites, structures, 1. Significant aspect of heritage. Its vValue as or objects that may or may not be a significant example of the cultural, contiguous. historic, architectural, archaeological, or B. In the case of a nominated historic related aspect of the heritage of the City of district, the Historic Preservation Board Portland, State of Maine, New England shall also determine whether there is an region, or the United States. interrelationship of resources within it 2. Significant events or activities. Its lLocation which creates an identifiable entity, even as a site of a significant historic, or if composed of a wide variety of prehistoric, or cultural event or activity. resources. A district must convey a which may have taken place within or visual sense of the overall historic which involved the use of any existing environment or be a grouping of structure on the property. historically or functionally related 3. Significant persons. Its identification with a properties. A historic district can person or persons who significantly comprise both individually distinctive contributed to the cultural, historic, historic resources and historic resources architectural, archaeological, or related that may lack individual distinction but FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-5 Page 815 HISTORIC PRESERVATION which contribute to the significance and historic designation on other aspects of the visual character of the district as a Comprehensive Plan of the City. whole. B.D. The Historic Preservation Board, Planning C. In the case of a nominated historic Board, and City Council may refer to the landscape district, the Historic National Register of Historic Places Bulletins in Preservation Board shall also consider its interpreting and applying the criteria for significance as a geological, natural, or historic designation under Subsections designed landscape associated with the 16.2.2(A) and (B). development, heritage, or culture of the City of Portland, State of Maine, New 16.2.4 Designation of historic landscape districts England region, or the United States. An historic landscape district may be nominated D.A. The Planning Board and City Council and considered for designation only if the entire shall apply the criteria of (A), (B), and area of the district is owned by a unit of federal, (C) above as well as historic preservation state, or local government, or any combination of goals included in the Comprehensive such ownership. Plan, but shall also consider the effect of such designation on other aspects of the 16.2.3 Classifications within historic designations Comprehensive Plan of the City. A. The buildings, structures, objects, and sites within a historic designation may be classified 16.2.3 Integrity of landmarks and historic as contributing or noncontributing. districts B. A contributing classification shall only be B. Any nominated building, structure, object, site applied to a building, structure, object, or site or area area, site, structure, or object must also which: be found to retain area, structure, or object 1. Was built at least 50 years prior to the date that meets the criteria in Section 17.4.1 must of district designation, or was built within a also have sufficient integrity of location, design, period of significance specified in the condition, setting, materials, and workmanship, nomination for historic designation; feeling, and association to make it worthy of 2. AreIs found to have a relationship with or preservation or restorationconvey its physically embody the qualities that give significance with respect to the applicable the historic designation cultural, historic, criteria for historic designation as defined in architectural, or archaeological Subsection 16.2.2(A). significance as embodied in the criteria for C. The Planning Board and City Council shall apply historic designation from Subsection the criteria for historic designation of 16.2.2(A) specified in the nomination for Subsections 16.2.2(A), and (B), and (C) above, historic designation; and as well as the historic preservation goals 3. Retains sufficient integrity to communicate included in the Comprehensive Plan, but shall that significance as defined in Subsection also and may consider the effect of such 16.2.2(B). 1716-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 816 HISTORIC PRESERVATION C. Where a landmark overlaps with a historic contributing, or noncontributing, or district or historic landscape district, the landmark within the proposed historic contributing buildings, structures, objects, and designation. sites of the landmark shall be classified as B. Nominations may be submitted by: contributing to the historic district or historic 1. Any two members of the Historic landscape district. Preservation Board on their own initiative;, D. If a building, structure, object, or site does not by written notice to the Planning meet Subsection 16.2.3(B) or (C) it shall be Authority, or classified as noncontributing. 7.2. The Planning Authority;, or 8.3. In the case of a landmark, By written 16.516.3 NOMINATION, CONSIDERATION, AND petition of anyone or more owners of the HISTORIC DESIGNATION affected property;, in the case of a 16.3.1 Procedure landmark, or The provisions of this section shall govern the 9.4. In the case of a historic district or historic nomination, consideration, and designation of landscape district, By written petition of landmarks, historic districts, and historic landscape one or more owners of an affected districts. property in the case of a district, provided a minimum of two members of the 16.3.2 Initiation of nNomination of a historic Historic Preservation Board must submit designation written sponsorship of the nomination to A. Nomination of a historic designation n area, the Planning Authority. petition. site, structure, or object for consideration of C. In the case of a nomination initiated or designation as a landmark, historic district, or sponsored by the Historic Preservation Board, historic landscape district shall be submitted to such nomination may be made verbally at a the Planning Authority in writing. Nominations Historic Preservation Board meeting or via shall include the following information by the signed, written statement to the Planning following: Authority. A nomination shall be completed and 1. A statement of how the proposed historic filed with the Planning Authority with all designation meets the criteria for historic required signatures for the nomination to be designation under Subsections 16.2.2(A), pending. (B), and (C). C. Upon nomination, the Planning Authority shall 2. A map showing the location and proposed notify the owner(s) or owners of the subject boundaries of the historic designation. property or properties. nomination and shall 3. A draft list of the constituent buildings, transmit the nomination to the Historic structures, objects, and sites, indicating Preservation Board for its preliminary their degree of cultural, historic, consideration at a scheduled meeting, which in architectural, or archaeological no event shall be held later than 60 days significance and their classification as following nomination. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-7 Page 817 HISTORIC PRESERVATION D. A nomination shall be diligently pursued from 16.3.3 Notification of nomination and public the date of submission. Nominators shall hearingHistoric Preservation Board review provide additional information as requested by and recommendation the Planning Authority or Historic Preservation A. A public hearing on the nomination shall be Board when determined to be reasonably held by the Historic Preservation Board necessary to make any determination required following one or more preliminary workshops by this article. Failure of nominators to provide of the Historic Preservation Board,. a response to the request for additional A. The hearing shall be conducted in accordance information within 120 days of the date upon with procedures adopted by the Historic which the written request was made shall cause Preservation Board. In the case of additional the nomination to expire. workshops, these shall be agreed to by the D.E. Withdrawal of nominations shall only be at the Historic Preservation Board and the consent of all parties who submitted the nominators. nomination. Consent to withdraw a nomination B. The Historic Preservation Board shall consider shall be submitted in writing to the Planning all testimony or evidence relating to the Authority. nomination designation criteria in Subsection E.A. If documentation and analysis that is 17.416.2.2 from any person who makes written necessary for the consideration of a submissions or appears at a the workshop or given designation has not been provided public hearing. The owner of a nominated at the time of nomination, such landmark or of property within a nominated documentation shall be completed prior district shall be allowed reasonable opportunity to further consideration by the Historic to present testimony or evidence concerning Preservation Board of the nominated the applicability of the designation criteria for landmark, district, or historic landscape. historic designation in Subsection 17.416.2.2. F.A. At any time after a complete nomination C. If the Historic Preservation Board finds that is filed for an historic district, the owner documentation and analysis that is necessary of a structure who seeks a permit for for the consideration of the nominationa given demolition may apply to the Historic designation has not been provided at the time s Preservation Board for a determination part of the nomination, such documentation that the structure to be demolished is shall be providedcompleted prior to further noncontributing and eligible for a consideration by the Historic Preservation demolition permit. The determination of Board of the nominated landmark, district, or the Historic Preservation Board that the historic landscape. structure is eligible for a permit shall be conclusive. 16.3.4 Recommendation by Historic Preservation Board D. Within 45 days fFollowing the close of the public hearing, the Historic Preservation Board 1716-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 818 HISTORIC PRESERVATION shall make a recommendation to the City A map showing the location of the nominated Council in the case of a landmark, or to the landmark and/or the boundaries of the Planning Board in the case of a historic district nominated district. or historic landscape district, upon the A list, including the address, of every site, evidence as to whether the nominated structure, and object in each nominated buildings, structures, objects, sites, or areas historic district indicating their degree of area, site, structure, or object nominated cultural, historic, architectural, or landmark or district meets the criteria for archaeological significance by classification as a historic designation in Subsection 17.416.2.2. landmark, contributing, or noncontributing, Such recommendation shall be approved by at Where a motion either in favor of a least four members of the Historic Preservation recommendation or in opposition to a Board and shall be accompanied by: recommendation results in a vote of fewer than 10. aA report to the City Council and/or four members, the item shall automatically be Planning Board containing the following tabled to the next regularly scheduled meeting. information: 1. findings by the Historic Preservation Board Notification of Historic Preservation Board as to whether the criteria for historic recommendation designation in Subsection 16.2.2 have been The recommendation of the Historic met, as well as any recommended changes Preservation Board, including a copy of the to the scope of the nominated historic report, shall be transmitted to the City Council designation. in the case of a landmark and to the Planning Explanation of the significance or lack of Board in the case of a district. Notice of the significance of the nominated landmark or recommendation shall be sent by mail to the district as it relates to the criteria for owner of a nominated landmark and to all designation. owners within a nominated district within 14 Explanation of the integrity or lack of integrity days following adoption of the of a nominated landmark or historic district. recommendation and report. Proposed design guidelines for review of If the recommendation of the Historic alteration or construction may be Preservation Board is that the property or recommended. The specific design guidelines district not be designated, the nomination may provide explanation by text and/or process shall terminate and no new nomination schematic examples of visual compatibility for shall be submitted for the identical property or purposes of complying with Section 17.8. area for a period of one year from the date of Relationship of the nominated landmark or termination, except upon a showing of district to the ongoing effort by the Historic substantial and material newly discovered Preservation Board to identify and nominate information. areas, sites, structures, and objects that meet the criteria for designation. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-9 Page 819 HISTORIC PRESERVATION 16.3.516.3.4 Determination by Planning mail to all owners within a nominated district Board review and recommendation within 14 days following the determination. A. The Planning Board shall hold a public hearing C. Planning Board recommendation to City to review the nomination of a historic district Council or historic landscape district and the D. The recommendation of the Planning Board recommendation , upon receipt of a regarding a nominated district shall be filed recommendation and a report from the with the City Clerk within 14 days. It shall be Historic Preservation Board. concerning accompanied by: nomination of a historic district or historic 1. a copy of tThe report and landscape district, may hold one or more recommendation of the Historic workshops pursuant to the provisions of Article Preservation Board. 2. The Board may hold one or more workshops 2. A report containing Ffindings by the prior to the public hearing. After review of the Planning Board as to whether the criteria Historic Preservation Board recommendation for historic designation in Subsection 16.2.2 and report, the Planning Board shall hold a have been met, as well as any public hearing. recommended changes to the scope of the A.B. All meetings, hearings, and deliberations of the nomination. Planning Board to consider the nomination, and 1. , including any specific proposed design recommendation and report of the Historic guidelines applicable to the nominated Preservation Board shall be held in conformity landmark or district. The recommendation with Article 2. of the Planning Board may include C. The Planning Board may request that the chair proposed changes in other City of the Historic Preservation Board, or a ordinances, policies, infrastructure, or member designated by the chair, to appear at recommendations with respect to the any meeting, hearing or deliberation to explain Comprehensive Plan of the City relating to any the recommendation or report. the proposed designation. B. A public hearing shall be scheduled within 30 days of the Planning Board’s final workshop. At 16.3.616.3.5 Action by City Council the conclusion ofFollowing the close of the consideration public hearing, the Planning Board shall make a D. Within 60 days after the filing of a Planning recommendation to the City Council upon the Board recommendation, orFollowing the evidence as to its final determination including receipt of a Historic Preservation Board written findings as to whether the nomination recommendation and report in the case of a ed district meets the criteria for historic landmark nomination, or Planning Board designation in Subsection 17.416.2.2. Such recommendation and report in the case of a recommendation A copy of the determination historic district or historic landscape district of the Planning Board shall be sent by regular nomination, on the nomination with the City Clerk pursuant to Section 17.5.6, the City 1716-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 820 HISTORIC PRESERVATION Council shall approve designate the landmark any design guidelines shall be sent to the or district or reject the historic designation. Planning Board, the Historic Preservation Any designation may include specific design Board, and the Planning Authority. guidelines for the designated landmark or H.G. A complete schedulerecord of the historic district. designation, maps of the historic designation The designating order shall include a map of boundary, and copies of all nominations and the location and boundaries of the historic reportsall landmarks and districts, including designation, and . design guidelines and a listing of landmark and E. DDesignation of a district shall be accompanied contributing structures, shall be maintained by by a list , including the address, of every sites, the Planning Authority and shall be made structures, and objects buildings, structures, available to the public online or for public objects, and sites within the historic inspection and copyingand during ordinary designationdistrict. Every Ssites, structures, or business hours. objects shall be assigned a including their location or address and classification asof 16.3.6 Designation landmark, contributing, or noncontributing, A. Upon designation, all buildings, structures, indicating their degree of cultural, historic, objects, and sites within the boundary of the architectural, or archaeological significance historic designation shall be subject to the under Subsection 16.2.3. provision of this article. E. This list may be amended thereafter by the City A.B. Demolition, including any act or process that Council upon recommendation from the totally destroys any contributing building, Historic Preservation Board and Planning Board structure, object, or site shall be prohibited, under the same procedures as set forth above. with the exception of: Where there are no express findings by the City 1. This article shall not apply to aAny building, Council in the designation ordinance, there structure, or object, or site which has been shall be a presumption that the City Council ordered demolished by the municipal found that all requirements of Section 17.4 officers or a court, in accordance with 17 were met. M.R.S. § 2851 et seq., its equivalent, as it F. Notice of the proposed action of the City may be amended from time to time, or to Council shall be provided by mail to the 2. Aany building, structure, or object, or site nominator and the owner of the nominated which has been partially destroyed and is landmark and/or of all properties adjacent determined by the Planning Authority to thereto prior to City Council action. represent an immediate hazard to the G.F. Notice of City Council action to the same public health or safety, which hazard persons shall be sent to all owners of property cannot be abated by reasonable measures or within the boundaries of a historic specified by the Planning Authority, designation within 1430 days following the City including without limitation securing Council action. A copy of each designation and apertures and/or erecting fencing. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-11 Page 821 HISTORIC PRESERVATION 3. Any building, structure, or object, site, or A. Where the historic designation does not portion thereof which was approved for specify the classification of a building, demolition under a certificate of economic structure, object, or site, there shall be a hardship under Section 16.7. presumption that the building, structure, or object, or site is contributing, unless: 16.3.7 Amendment or rescission of designation 1. Documentation can be provided to the A. Amendment shall be defined as a change to the Planning Authority that a the building, historic designation boundary or structure, object, or site was constructed reclassification of a building, structure, object, within 50 years of or after the date of or site as contributing or non-contributing in its historic designation, or after the stated entirety. period of significance;, or B. Rescission shall be defined as the complete 1. The Historic Preservation Board holds a removal of a historic designation. public hearing and finds that the building, C. Amendment or rescission of any historic structure, object, or site has no designation shall be upon the request of a significance relating to the criteria for person or persons authorized to nominate the historic designation under Subsection property or properties affected as set forth in 16.2.2(A) referenced in the nomination for Subsection 16.3.2, or upon request of the City the historic designation, or reports of the Council. Such requests shall be submitted in Historic Preservation Board, Planning writing to the Planning Authority. Board or City Council; or A.D. Amendment or rescission , and shall follow the 2. The Historic Preservation Board holds a procedure set forth in Section 17.516.3 for public hearing and finds that the building, designation. The City Council may rescind or structure, or object, or site has been amend a designation only after all of these lawfully substantially altered within 50 procedures have been followed. The standards years of or after the date of historic for rescission or amendment applied by the designation, or after the stated period of Historic Preservation Board, Planning Board, significance, such that it lacks .integrity as and City Council shall be limited to those defined under Subsection 16.2.2(B). provided in Subsection 16.2.2 s 17.4.1(A) and (B). and Subsection 17.4.2. Amendments may 16.3.8 Time limits include reclassification of a portion of a If any time limit in the nomination and designation contributing property to noncontributing process as provided in Sections 17.4 or 17.5 is not status, refinement or correction of design met, the validity of any designation and the interim guidelines, maps, and other parts of any protection provided by Section 17.6 shall not be designation. affected, provided the Historic Preservation Board, Planning Board or City Council announce the delay 16.3.8 Presumption of contributing and the basis for such in a public meeting, as well as classification the date to which the matter will be rescheduled. 1716-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 822 HISTORIC PRESERVATION 16.616.4 INTERIM PROTECTION FOR 16.4.2 Protection from demolition NOMINATIONSNOMINATED HISTORIC From the time of submission of a complete DESIGNATIONS nomination as set forth under Subsection 16.3.2 16.4.1 Nominated landmarks and until the City Council acts upon such nomination, or districtsMinimum mMaintenance the nomination is withdrawn, or the nomination From the time of submission of a complete expires, all demolition permit applications for any nomination as set forth under Subsection 16.3.2 building, structure, object, or site nominated but until the City Council Historic Preservation Board not yet designated shall be denied unless: acts upon such nomination, or the nomination is A. The Historic Preservation Board has held a withdrawn, or the nomination expires, all buildings, public hearing at the request of the owner of a structures, objects, or sites area nominated but not building, structure, object, or site and has found yet designated as a landmark or district shall be that the building, structure, object, or site in subject to all of the provisions of Sections 176.89 question would be recommended to be and 17.10 governing demolition and minimum classified as noncontributing to the nominated maintenance, to the same extent as if designated. historic designation and shall be eligible for a Upon final action of the Historic Preservation Board demolition permit. The determination of the recommending designation, the site, structure, Historic Preservation Board that the building, object, or area nominated shall be subject to all of structure, object, or site is eligible for a permit the protections of this article until a final decision shall be conclusive; or on designation by the City Council becomes B. tThe owner has received a certificate of effective. If the City Council rejects designation or economic hardship under Section 16.7.8. At any fails to designate a property, that property shall no time after a complete nomination is filed for an longer be subject to the provisions of Sections 17.9 historic district, the owner of a structure who and 17.10 of this article. seeks a permit for demolition may apply to the Historic Preservation Board for a A. Alteration or new construction commenced determination that the structure to be pursuant to a building permit issued prior to demolished is noncontributing and eligible for a nomination shall not require a Certificate of demolition permit. The determination of the Appropriateness, unless such permit has Historic Preservation Board that the structure expired, been canceled or revoked. No project is eligible for a permit shall be conclusive. for which any application is pending and which has received substantive review by the Planning 16.7 PROTECTIONS FOR PROPERTIES Board prior to nomination shall be affected by LISTED ON THE NATIONAL REGISTER OF nomination. Substantive review, as used in this HISTORIC PLACES paragraph, shall include workshop review of any Upon receipt of notice from the National Park completed application under Article 14 and Service or the Maine Historic Preservation Article 15 of the Land Use Code. Commission to the City that a property or area has been listed oin the nNational rRegister of Historic FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-13 Page 823 HISTORIC PRESERVATION Places or has been determined to be eligible for made thereunder or which has been determined to listing on the National Register, the City shall deny be eligible for local listing under the criteria for any demolition permit application for any structure designation of this article. The determination of or object within the listed property or area unless: eligibility for listing shall be made by the Planning The owner has received a certificate of economic Authority, which may refer such a determination to hardship under Section 16.8, or the Historic Preservation Board, and by the Board The Historic Preservation Board has held a public of Appeals if an appeal is taken. Upon determination hearing at the request of the owner and found that of eligibility, the structure so determined shall also the structure or object in question does not have be subject to the provisions of Section 17.10 until a sufficient integrity for historic designation using final decision by the City Council on designation Subsection 16.2.2 as the standard for review, or becomes effective. If the City Council rejects Documentation is provided from the Maine Historic designation or fails to designate a structure which Preservation Commission that the structure or has been determined to be eligible under the terms object in question has been removed from the of this section, that structure shall no longer be National Register of Historic Places, no longer subject to the provisions of Sections 17.9 and 17.10 retains sufficient integrity to remain listed on the of this article. National Register of Historic Places, or an existing determination of eligibility is no longer valid, or 16.816.5 REVIEW PROCESS FOR HISTORIC 1. The City Council has held a public hearing PRESERVATION APPROVAL CERTIFICATES at the request of the owner and determined that OF APPROPRIATENESS AND NON- demolition of the structure or object is consistent APPLICABILITY with the goals of the Comprehensive Plan. after the 16.5.1 Certificate of AppropriatenessApplicability adoption of this article, a nomination shall be Except as provided in Subsections 17.7.2 and 17.7.3, deemed submitted to the Historic Preservation aA historic preservation approval certificate of Board for designation of such property or area as a appropriateness shall be required prior to landmark, historic district, or historic landscape undertaking any new construction, additions, district under this article, and the procedures of exterior alterations, site alterations, signage, or the Section 17.6 shall be applicable thereto. relocation of buildings, structures, or objects 2. Properties eligible for listing on national affecting any property within the boundaries of a register or for local designation historic designation as identified in Table 16-A. 3. A Certificate of Economic Hardship shall Historic preservation approval shall also be a be obtained prior to demolition of any structure condition precedent to the issuance of any permit which has not been designated in accordance with authorizing any such work as noted above. this article but which has been determined by the Notwithstanding the above, the following activities Maine Historic Preservation Commission as eligible shall be considered exempt:before the following for listing in the National Register of Historic Places actions affecting any landmark, contributing or under the criteria established by 16 U.S.C. Section noncontributing structures, objects, sites, or 470(a) or its successor statute and/or regulations property in a district may be undertaken and shall 1716-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 824 HISTORIC PRESERVATION be a condition precedent to the issuance of any c. Masonry work including, without limitation, permit authorizing such work: tuckpointing, sandblasting, chemical A. Any exterior alteration or new construction cleaning. requiring a building permit from the City of d. Site features other than vegetation Portland, including, but not limited to the including, without limitation, fencing, walls, following: paving, and grading. However, required a. Removal and replacement of architectural review for alterations to cemeteries detailing including, but not limited to, designated under this article shall not porch spindles and columns, railings, include review of alterations to headstones window moldings, and cornices. made for the purpose of recognition of b. Moving of structures or objects on the additional decedents or installation of same site or to another site. grave markers and/or tombs. c. Construction of rooftop additions or e. Streetscape and pedestrian improvements decks. within historic districts, including but not d. Alteration of accessory structures such as limited to installation of pedestrian garages. lighting, alteration to road or intersection e. Porch replacement or new construction of alignment, installation of public signage porches. (other than public-safety-related signage. f. Installation of exterior access stairs. f. Landscaping within an historic landscape g. Window or door replacement requiring district. enlargement of openings. g. Exterior lighting where proposed in h. Installation of antennas and satellite conjunction with commercial and receiving dishes. institutional signage or awnings or i. Installation of solar collectors. architectural lighting. 11. Any exterior alteration that does not require a h. Exterior utilities including mechanical, building permit but which involves any one of HVAC, plumbing, and electrical, where the following activities: placed on elevations readily visible from a a. Installation or replacement of either public way. roofing or gutters where the roofing or 12. Installation or alteration of any exterior gutters are a significant and integral sign. feature of the structure including, but not 13. Any relocation of a landmark or limited to, mansard roofs, cupola roofs, contributing structure within a district. ornamental slate roof features, and built-in B. There shall be a rebuttable presumption gutter systems and the installation or that all structures within a district shall replacement of siding. be contributing unless the designation b. Window and door replacement whether or report and Historic Resources Inventory not it requires enlargement of openings. expressly identifies otherwise. Where the Planning Authority or the owner FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-15 Page 825 HISTORIC PRESERVATION believes that the identification is D.E. Installation of new public artworks approved or erroneous, the Historic Preservation acquired through the City of Portland Public Board shall determine whether the Art Program. structure is noncontributing. E.F. Changes in plantings or vegetation outside of historic landscape districts and minor changes 16.5.2 Exceptions to requirement of Certificate in plantings or vegetation within historic of Appropriateness landscape districts. A Certificate of Appropriateness is not required: F.G. Alterations to existing grave markers or tombs A. Where a Certificate of Non-Applicability has made for the purpose of recognizing additional been issued within the previous 12 months. decedents or installation of grave markers or A. Where the wWork consistings solely of tombs recognizing new interments within an ordinary maintenance, being acts of upkeep or existing cemetery. repair which do not include a change in the H. Roof-mounted solar energy systems where the design, material, or outer appearance of a system: building, structure, object, or site such as 1. Is consistent with all other city requirements, repainting of previously painted surfaces or in- 2. Is installed reversibly with no damage to any kind replacement of materials or plantings. historic roofing materials, and/or restoration, provided that there is no 3. Is not installed on street-facing roof planes substitution of materials or alteration of on landmarks or contributing buildings or architectural details. structures, and B. Where the work consistsing solely of 4. Any associated electrical equipment is not emergency repair of a temporary nature. installed on street-facing facades. C. Work approved under a validhere a certificate I. Ground-mounted heat pumps and HVAC of economic hardship. has been issued and equipment where: remains valid. 1. Exterior units are installed at least 30’ from D. In the case of either alteration of a structure public rights-of-way or behind the street- (other than a landmark) or of new construction facing facades of the associated building or within a district, a Certificate of structure, whichever is a greater distance, Appropriateness shall not be requiredWork and where the Planning Authority determines that 1.2. Any associated line hides, conduit, vents, the proposed exterior changes to a structure and other equipment or penetrations are not are not readily visible at pedestrian heights installed on street-facing facades. from any public way or public open space. J. Installation of temporary buildings, structures, Where a Certificate of Appropriateness is or objects for a period of less than eight required for such changes, it shall be limited to consecutive months, unless such installation those portions of the structure or structures so otherwise meets a threshold for review visible. established in Table 16-A. 1716-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 826 HISTORIC PRESERVATION K. Demolition of non-contributing buildings, A. Applications shall be subject to administrative structures, objects, or sites. or Historic Preservation Board review L. Relocation of non-contributing buildings, according to the classifications in Table 16-A. structures, or objects to a property site outside B. The Planning Authority may, due to the scope any historic designation boundary. or anticipated impacts of a project, reclassify an M. Interior work of any kind. administrative review to a Historic Preservation Board review. 16.5.316.5.2 Alterations or new construction C. At any point in the review process, an applicant within historic landscape districtsReview may request that the Planning Authority classifications reclassify the application from administrative to Historic Preservation Board review. TABLE 16-A: HISTORIC PRESERVATION REVIEW CLASSIFICATIONS Administrative Review Board Review New construction and additions ≤ 500 SF > 500 SF Dormer additions1 Affecting ≤ 40% of roof area (in SF) Affecting > 40% of roof area (in SF) Minor alterations All -- Alterations to ≤ 25% of any façade, or where work contributing buildings, Major alterations is based on clear documentation of > 25% of any facade structures, or objects2 the historic appearance Alterations to Minor alterations All -- noncontributing, buildings, structures, or Major alterations ≤ 40% of any facade > 40% of any facade objects2 Site alterations3 All -- Signage All -- Relocation of buildings, structures, or objects4 ≤ 500 SF > 500 SF 1 Dormer additions include any increase in building volume which does not interrupt the ridges, eaves, or rakes of an existing building or structure. 2 Minor alterations include small or routine changes such as required by building code or modern convenience which result in minimal change in exterior appearance of an existing building, structure, or object. Major alterations include changes to existing or introduction of new details or features which affect the scale, form, proportion of openings, ratio of solid to void, rhythm or placement of entrances, color or texture of materials, or relationship to the street of an existing building, structure, or object. 3 Site alterations include the construction of permanent features such as fences and retaining walls, regrading, hardscaping, and the installation of exterior utilities. 4 Relocations include the moving of a building, structure, or object on its site or to another site within any historic designation boundary. A certificate of appropriateness shall be obtained applicability has been issued or where construction before any site alteration or new construction or alteration is pursuant to a master plan approved within a historic landscape district may be by a prior certificate of appropriateness within five undertaken, except where a certificate of non- FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-17 Page 827 HISTORIC PRESERVATION years of commencement and where the master plan Preservation Board, the item shall be scheduled for is sufficiently detailed to guide the specific work the next available Historic Preservation Board meeting, provided that the notice requirements of 16.5.3 Historic Preservation pre-application this article can be met prior to that meeting. The meeting Planning Authority shall transmit a copy of the Applicants are encouraged to schedule a hHistoric complete application to the Historic Preservation pPreservation pre-application meeting with the Board at least four days prior to their next Planning Authority prior to applying for historic scheduled meeting. The Planning Authority shall not preservation review. The purpose of this meeting is issue or act upon the application until the Historic to familiarize the applicant with the City of Portland Preservation Board has completed its review and Historic Preservation submittal requirements, approval process. An application for a Certificate of applicable review criteria and standards, and to Appropriateness shall be treated as an application confirm the level of review required. A pre- for a Certificate of Economic Hardship under application meeting does not confer pending Section 17.9 whenever the Historic Preservation proceeding status under Title 1 MRSA 302. No Board or the Planning Board, as applicable, decisions relative to the application shall be made at determines that the proposed alteration includes the pre-application meeting, nor shall any advice or any demolition which would: information provided by the Planning Authority be Have the effect of causing the structure to no construed as a decision. longer meet the criteria for designation of Section 17.4, or 16.5.4 Applications for Certificate of Materially impair the significance and integrity of Appropriateness the structure. Application for historic preservation review a Where a determination under (B) above is made by certificate of appropriateness shall be made on a the Historic Preservation Board, the Planning Board form prepared by the City and shall be submitted to shall review that decision as a preliminary matter, the Planning Authority along with the applicable fee. whether the Historic Preservation Board has taken Upon receipt of an application and fee, the Planning final action with respect to the application or not. Authority shall determine whether the application is Upon any final determination that an application for complete and the level of review required per Table a Certificate of Appropriateness is required to be 16-A. The Planning Authority shall determine treated as an application for a Certificate of whether the scope, nature, or scale of the proposed Economic Hardship, no further action shall be taken project requires review by the Historic Preservation with respect to the application until that certificate Board or whether it is a minor or routine project is applied for and is granted. that is appropriately reviewed at the administrative Where the applicant has done work or caused work level. to be done on a structure or a property for which a Certificate of Appropriateness is sought and such If the Planning Authority determines that the work is either not done in compliance with an project should be reviewed by the Historic approval received under this article or was 1716-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 828 HISTORIC PRESERVATION performed without the approvals required under applicant for such costs incurred by the City, which this article, no application for such structure or invoice shall be paid promptly by the applicant. property shall be considered by the Planning Every applicant shall bear the entire expense of Authority or by the Historic Preservation Board giving notice by mail and publication in accordance until the work done without approval is brought with this article. into compliance with the requirements of this article. The Historic Preservation Board may waive 16.5.516.5.6 Lapse in application this requirement if the Historic Preservation Board Once a completedAn application for historic determines that the work does not alter the preservation review has been submitted, it shall be essential character of the structure or district and diligently pursued from the date of submission. one or more of the following standards are also Applicants shall provide additional information as met: requested by the Planning Authority or Historic The work was needed to bring a building into Preservation Board when determined to be conformance with any building or safety code. reasonably necessary to make any determination The applicant can demonstrate a good faith belief required by this article. Failure of an applicant to that necessary approvals had been received for the provide a response to the request for additional work at issue prior to the commencement of the information within 120 days of the date upon which work. the written request was made shall cause the The applicant can demonstrate a good faith belief application to expire and be deemed null and void. that the work done was not subject to review under attend two or more Historic Preservation Board this article. meetings at which an application is scheduled for Review of any application by the Planning Authority review shall cause the application to expire and to or by the Historic Preservation Board shall not be deemed null and void, unless the Planning constitute waiver of any future claims by the City Authority determines that good cause is shown for concerning violations and shall not stop the City the failure to attend. Where good cause is shown from prosecuting any violation. for a failure to attend, the Historic Preservation 16.5.5 Costs Board shall table an application to a date mutually Anyll projects mayshall be subject to fees as agreed upon in writing. established by the City Council to cover the In determining the existence of the circumstances administrative costs and the costs of Historic specified in this article, the Historic Preservation Preservation Board review. Applicants shallare also Board, Planning Board, or Board of Appeals may required to pay a fees to cover the professional and require such additional documentation or evidence administrative costs for analysis associated with as they may respectively determine to be necessary, project review, including but not limited to planning, including plans, drawings, and elevations, and legal, or other services as needed. The fee shall be notwithstanding any time limit for action or based on the hours of review and processing time decision specified in this article, it may continue a and prevailing hourly rate for reimbursement of City proceeding for such additional time as it reasonably costs. The City shall periodically invoice the takes an applicant or any other party to comply with FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-19 Page 829 HISTORIC PRESERVATION the request for additional relevant documentation be reviewed by the Planning Authority for or evidence and may draw a negative inference with compliance with the standards of Section 17.816.67. regard to the content of any material evidence not The Planning Authority may request revised plans produced upon reasonable request. and submittals necessary to determine compliance. Prior to issuance of any Certificate of The Planning Authority shall approve the Appropriateness, any applicant shall demonstrate application, approve the application with conditions, sufficient right, title, or interest in the property, or deny the application. and the Historic Resources technical capacity, and financial capacity to Design Manual. Where staff determines that such an complete any change proposed to be undertaken application meets these requirements, the under the Certificate of Appropriateness, upon Certificate of Appropriateness shall be issued by reasonable request of the Planning Authority. If the staff without presentation to the Historic Planning Authority determines that the applicant Preservation Board for approval. Staff shall provide has failed or refused to demonstrate an ability to the Historic Preservation Board with written notice complete the proposed activity, it shall refer the of staff approvals on a quarterly basis. issuance to the Planning Board which shall make a final determination as to whether the applicant has If staff approves an application with conditions, the demonstrated a sufficient capability to complete applicant may request review by the Historic the proposed activity. Notwithstanding any other Preservation Board. The application shall then be provision of this article, the Historic Preservation subject to review by the Historic Preservation Board Board or Planning Board may include reasonable pursuant to Subsection 17.7.5(B). conditions, including the provision of adequate Staff may elect to forward to the board an financial security, to ensure that actions taken application found by staff to meet review standards under a Certificate of Appropriateness will be but for which board confirmation is sought. The successfully prosecuted to completion, as approved, application shall be placed upon the next consent in a timely manner. agenda of the Historic Preservation Board. Any member of the Historic Preservation Board may 16.5.7 Administrative rReview process for remove an application from the consent agenda for Certificate of Appropriateness the purpose of giving it a public hearing. The process for review of an application for a If the Planning Authority determines that the Certificate of Appropriateness shall be as follows, application does not meet the requirements of except to the extent specifically provided elsewhere Section 17.8 and the Historic Resources Design in this Section 17.7: Manual, the application shall be scheduled for For administrative-level reviews. An application review by the Historic Preservation Board pursuant for historic preservation review a certificate of to Subsection 17.7.5(B), unless the applicant appropriateness for installation or alteration of any withdraws the application. exterior sign; minor or routine alterations; and For purposes of this subsection only, temporary is temporary alterations, construction, or defined as either a one-time occurrence that does improvementssubject to administrative review shall not exceed 30 days or as an annual occurrence that 1716-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 830 HISTORIC PRESERVATION does not exceed one 30-day period each year. C. In the case of applications being reviewed at a Minor or routine alterations are defined as workshop or workshops prior to the public incidental changes or additions to a building, site hearing, they shall be informational and not features, or exterior utilities which require building result in any formal approval or disapproval of permits but will neither result in substantial changes the project. At a workshop, the Historic to any significant historic features nor obscure such Preservation Board shall review the plans and features. In no event shall any change be deemed submittals, consider the staff review with minor when, in the opinion of the Planning respect to the standards of Section 16.6, hear Authority, such change shall alter the historic public comments and questions, and provide character of the building or site. direction to the applicant regarding issues to be addressed to bring the application into 16.5.8 Historic Preservation Board review compliance with the standards of Section 16.6. A. For Historic Preservation Board-level A. At a hearing, the Historic Preservation Board reviews. An application for historic shall approve, approve with conditions, or deny preservation review subject to Historic the application based on the standards of Preservation Board review shall be reviewed by Section 16.67. Should the Historic Preservation the Historic Preservation Board for compliance Board deny an application, with the standards of Section 16.67. The B. Following any preliminary workshop(s) and Planning Authority may request revised plans upon determination by the Historic and submittals necessary to determine Preservation Board that the application is compliance with the standards of Section 16.67 complete, the application shall be scheduled for prior to The Planning Authority shall review the a public hearing at the next available meeting of application and prepare a report for the the Historic Preservation Board which allows Historic Preservation Board’s consideration for adequate notice. which addresses the proposed project’s C. Following a public hearing, the Historic compliance with the review standards in Preservation Board shall make a decision on the Section 17.8. The Planning Authority may application. scheduleing a Historic Preservation Board one D. The Historic Preservation Board it shall enter or more preliminary workshops on the findings of fact concerning the relationship application prior to a or public hearing. between the application and the applicable B. The Planning Authority shall schedule the standards of Section 17.8 16.6 within 60 days of project for review at a workshop or public the close of the public hearing. immediately hearing on a date that meets public noticing following a denial or conditional approval of requirements and prepare a report for the any Certificate of Appropriateness. Written Historic Preservation Board’s consideration notice of the determination of staff or the which addresses the proposed project’s Historic Preservation Board on the application, compliance with the standards of Section 16.6. including a copy of the findings of fact, shall be sent by regular mail to the applicant. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-21 Page 831 HISTORIC PRESERVATION concerning the relationship between the 16.5.9 Review process involving major site plans application and the applicable standards of Review process involving major site plans. The Section 17.8. process for review of an application for alteration Written notice of the determination of the or new construction that is also a major site plan as Historic Preservation Board on the application, defined in Article 14 shall be as follows: including a copy of the findings of fact, if any, shall Site plan review by the Planning Board and historic be sent by regular mail to the applicant within 14 preservation review by the Planning Authority or days following its determination. Historic Preservation Board shall, to the extent feasible, proceed concurrently. Any proposed 16.5.10 Notice of public meeting major site plan required to obtain historic A. For all Ccertificate of Aappropriateness preservation approval a certificate of applications for historic preservation review appropriateness under this article shall be exempt that are subject to Historic Preservation Board from the design standards included in Article 134, review, the applicant shall be responsible for and shall comply with the applicable design posting a notice of public meeting sign on the standards of Section 16.6. 7listed within Article 17. property where the development is to occur. Upon receipt of the application for a Certificate The dimensions, construction, and content of of Appropriateness, the Planning Authority shall the sign shall be in accordance with standards review the application and schedule a workshop established by the Planning Authority. for preliminary review by the Historic B. The sign shall be posted at least 10 days prior Preservation Board. The Planning Authority shall to the public workshop or hearing date, and prepare an analysis of the application based upon shall be removed from the siteproperty no the standards in Section 17.8 for consideration at more than three days following the date of the the workshop. Additional workshops may be meeting. scheduled by the Historic Preservation Board C. Once the required notice of public meeting with the consent of the applicant. signage is posted, the applicant shall submit a Following preliminary workshop(s) and upon completed certification of posting form to the determination by the Historic Preservation Board Planning Authority. that the application is complete, the Historic D. In the event that a required notice of public Preservation Board shall conduct a public hearing meeting sign is knocked over or made illegible, and make a final decision on the application. it shall be the responsibility of the applicant to If the Historic Preservation Board finds that the promptly reset or replace the sign, though application meets the applicable standards of failure to do so shall not invalidate the review. Section 17.8, it shall issue a Certificate of Appropriateness, with or without conditions. If 16.5.11 Conditions of approval the action by the Historic Preservation Board is a The Planning Authority or Historic Preservation denial or conditional approval, the Historic Board may impose conditions upon its approval of Preservation Board shall make findings of fact any application for historic preservation review to 1716-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 832 HISTORIC PRESERVATION bring the application into compliance with the certificate of appropriateness, the certificate of standards of Section 16.6. appropriateness the approval shall expire and shall become null and void. The Planning 16.5.12 Issuance of Historic preservation Authority may approve additional extensions of approval certificate of appropriateness this six-month period, not to exceed a total of A. The Planning Authority shall issue the two years, provided that a written request for certificate of appropriateness within 14 days extension is received prior to the expiration following approveal or approveal with date of the Certificate of Appropriateness. conditions by the Planning Authority or B. When the approved work also requires a site proposed affirmative decision by the Historic plan approval under Article 13, the expiration of Preservation Board becoming final. the historic preservation approval shall be B. No historic preservation approval Ccertificate concurrent with the expiration of the site plan of Aappropriateness, building, demolition, or approval, even if longer than three years. other permit shall be issued until all current A.C. In the event of litigation arising out of the charges due under this article have been paid. granting of a certificate of appropriateness The balance of any remaining review and historic preservation approval, the approval administrative costs invoiced or incurred after certificate shall remain valid until one year after a permit has been issued shall be paid in full by the entry of final judgment in the litigation or the applicant developer prior the issuance of until the end of the threewo-year period, any temporary or permanent certificate of whichever is later. occupancy. C. An approval shall expire and become null and B. Prior to issuance of any historic preservation void upon the expiration of the authorization approval Certificate of Appropriateness, anythe for the work, or for the development, under applicant shall demonstrate sufficient right, the applicable provisions of Chapter 6 of this title, or interest in the property, technical Code of Ordinances or Articles 14 or 15. capacity, and financial capacity to complete any change proposed to be undertaken under the 16.5.13 Certificate of Non-Applicability historic preservation approvalCertificate of A. The Planning Authority shall issue a Certificate Appropriateness, upon reasonable request of of Non-Applicability as to property subject to the Planning Authority. this article when requested to do so when: 1. The Planning Authority determines that 16.5.13 Expiration of approvals none of the proposed work requires a A. Unless work authorized by a historic Certificate of Appropriateness. preservation approval certificate of 2. The Planning Authority determines that all appropriateness shall beis commenced or a of the proposed work is ordinary building permit for the same is issued within maintenance, restoration, or a three yearssix months of the initial date of combination thereof. issuance of the historic preservation approval, FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-23 Page 833 HISTORIC PRESERVATION 3. In the case of the alteration of a structure procedures set forth in Subsection 17.7.516.56.7, other than a landmark or of new provided that the proposedsuch amendments: construction within a district, where the 1. Are generally consistent with the approved Planning Authority determines that the plans,. proposed exterior changes to a structure 2. Meet all the standards for review of are not readily visible at pedestrian heights Section 16.6, from any public way. Where a Certificate 3. Do not modify the work such that Historic of Appropriateness is required for such Preservation Board review would changes, a Certificate of Non-Applicability otherwise be required per Table 16-A, and. shall be issued upon request for those 1.4. Do not affect will not result in a waiver or portions of the structure or structures not substantial alteration of the approval or visible at such heights, provided, however, any condition or requirement of the this paragraph shall not apply to alteration Historic Preservation Boardattached to the of a landmark or to any demolition. approval. The applicant shall supply a 4. After any appeal where the Historic written statement of the proposed Preservation Board, Planning Board or any amendment and amended plans or court determines that paragraphs (1), (2) drawings to the Planning Authority. The or (3) of this subsection are applicable. decision of the Planning Authority as to B. The Planning Authority shall act upon whether an amendment may be reviewed any application for a Certificate of Non- under this subsection shall be final. Applicability within 14 days of receiving a C. Major amendments include changes that complete written description of all work exceed the limited criteria for a minor to be undertaken. amendment under Subsection 16.56.14(B). Review procedures shall follow those for a 16.5.14 Amendments to approved certificates of Historic Preservation Board review, set forth in appropriateness Subsection 16.5.8. A. An applicant may apply for an amendment to a historic preservation approval by submitting an 16.5.15 Review process for demolition of amendment application that includes a written landmarks or contributing structures within statement of the proposed amendment, a district proposed amended plans, and related A. Any applicant seeking demolition of a landmark submittals to the Planning Authority.If at any or contributing structure must apply for a time before or during work approved under the Certificate of Economic Hardship to the Board procedures set forth in this Section 17.7 the of Appeals in accordance with Section 17.9 of applicant requests minor amendments to this article. Said application must be approved approved work, by the Board of Appeals before a demolition B. Tthe Planning Authority is authorized tomay permit can be issued. approve such minor amendments under the 1716-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 834 HISTORIC PRESERVATION B. Any applicant seeking demolition of a supplement this article. The Historic Resources noncontributing building as defined in Design Manual may include but need not be this article may apply directly for a limited to maps and descriptions of landmarks demolition permit without receiving and districts, a listing of properties which have approval from the Historic Preservation been determined to be eligible for listing on the Board or a Certificate of Economic national register or for local designation, a Hardship from the Board of Appeals. glossary of terms and architectural styles, may C. Any applicant seeking demolition of a includes descriptions, guidelines, and portion of a contributing or landmark illustrations of how the standards of this article structure may request that the Historic will be interpreted, and all designation Preservation Board make a ordinances, reports, and design guidelines. All determination as to whether such provisions of the Historic Resources Design portion of the structure is Manual shall be consistent with the standards noncontributing based on the definition of this article and any designation ordinance of that classification contained in this adopted hereunder. article. If the board determines the B. Amendments to the Historic Resources Design portion to be noncontributing, the Manual shall be adopted by the Historic applicant may apply directly for a Preservation Board following a public hearing. demolition permit. forwarded to the City Council as a communication and shall become effective 45 16.916.6 STANDARDS FOR REVIEW OF days from the date on which said amendments APPLICATIONS FOR HISTORIC are sent to the City Council, unless the City PRESERVATION REVIEWCERTIFICATE OF Council takes official action disapproving the APPROPRIATENESS amendments, in whole or in part, prior to the 16.6.1 Applicability expiration of the 45-day period. The following standards shall be applied in reviewing C.B. The Historic Resources Design Manual shall be applications for historic preservation approval. maintained by the Planning Authority. When work falls under a set of standards, those standards shall apply to the project. Multiple sets of 16.6.216.6.3 Standards for review of standards may apply to a single application alteration to contributing properties depending on the proposed scope of work. In considering an application for a Certificate of Appropriateness involving alterations to 16.6.116.6.2 Historic Resources Design contributing buildings, structures, site, or objects, Manual the Historic Preservation Board and the Planning A. The Historic Preservation Board may provide Boardreviewing authority shall approve a the further guidance on how to meet the standards application only upon finding that it meets the of this article are supplemented byin the following standards shall apply the following general Historic Resources Design Manual. , which shall standards, as further described in the Historic FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-25 Page 835 HISTORIC PRESERVATION Resources Design Manual, and any design guidelines which characterize a the building, structure, accompanying the specific designation: object, or site shall be retained and preserved. A. Compatible use. In the case of a change of use treated with sensitivity. of When the use of a property from its F. Repair rather than replace. Deteriorated originally-intended purpose is being changed, historic features shall be repaired rather than eEvery reasonable effort shall be made to replaced wherever feasible. Where the severity provide a compatible use for a property which of deterioration requires replacement of a requires minimize theal alteration ofto the distinctive feature, the new feature should character- defining features of the building, match the feature being replaced in structure, object, or site. and its environment composition, design, texture, and other visual as they relate to the original use or to use a qualities and, where possible, materials. Repair property for its originally intended purpose. or replacement of missing historic features B. Retain historic features. The distinguishing should be based on accurate duplications of original qualities or character of a the building, features, substantiated by documentary, structure, object, or site and its environment physical, or pictorial evidence. rather than on shall be retained and preserved. not be conjectural designs or the availability of destroyed. The removal or alteration of any different architectural elements from other historic material or distinctive architectural structures or objects. features should be avoided when possible. G. Surface cleaning. The surface cleaning of the C. Historical accuracy. All sites,The building, building, structures, and or objects, if structures, and objects, or site shall be appropriate, shall be undertaken with the recognized as a products of their its own time, gentlest means possible. Chemical or physical place, and use. Alterations that have no treatments, such as sandblasting, that cause historical basis or create a false sense of damage to historic materials shall not be historical development, such as adding undertaken. conjectural features or elements from other H. Archaeological resources. Every reasonable properties, shall not be undertaken. effort shall be made to protect and preserve discouraged. significant archaeological resources affected by D. Acquired significance. Changes which may or adjacent to any project. If resources must be have taken place in the course of time are disturbed, mitigation measures shall be evidence of the history and development of a undertaken. the building, structure, object, or site. and its I. Contemporary design and differentiation. environment. Changes that have acquired Differentiation and contemporary design. significance in their own right shall be retained Alterations and additions shall not destroy the and preserved. not be destroyed. character-defining features of the building, E. Sensitive treatmentDistinctive Features. structure, object, or site. New work shall be Distinctive features, finishes, and construction differentiated from the old and shall be techniques or examples of skilled craftsmanship compatible with the size, scale, color, material, 1716-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 836 HISTORIC PRESERVATION and character of the building, structure, object, visually compatible with the contributing or site. Contemporary design for alterations buildings, structures, objects, and sites of and additions to existing properties shall not be the historic designation surrounding discouraged when such alterations and structures when viewed from any street or additions do not destroy significant cultural, public open space. and in compliance with historical, architectural, or archaeological any design guidelines. materials or features that characterize the 2. Width. The width of the addition or new building, structure, object, or site. property. construction a building shall be visually The new work shall be differentiated from the compatible with the contributing buildings, old and shall be compatible with the size, scale, structures, objects, and sites of the historic color, material, and character of the property, designation surrounding structures when neighborhood or environment. viewed from any street or public open J. Reversibility. Wherever possible, new additions space. and in compliance with any design or alterations to the building, structures, and guidelines. objects, or site shall be undertaken in such a 3. Proportion of principal facades. The manner that, if such additions or alterations relationship of the width to the height of were to be removed in the future, the essential the principal elevations facades shall be form and integrity of the historic property visually compatible with the contributing building, structure, object, or site would be buildings, structures, objects, and sites of unimpaired. the historic designation when viewed from any street or public open space. structures, 16.6.316.6.4 Standards for review of public ways, and open spaces to which it is additions and new construction visually related. In considering an application for a Certificate of 4. Roof shapes. The roof shape of the Appropriateness involving additions or new addition or new construction a structure construction, the reviewing authority shall approve shall be visually compatible with the a certificate of appropriatenessthe application only contributing buildings, structures, objects, upon finding that it the application meets the and sites of the historic designation when following standards:Historic Preservation Board and viewed from any street or public open the Planning Board shall apply the following general space. the structures to which it is visually standards as may be applicable to the context of the related. proposed construction. The intent and application 5. Scale of a structure. The size and mass of of the following standards are further described in the addition or new construction the Historic Resources Design Manual and shall structures in relation to open spaces, guide the board in its review. windows, doors openings, porches, and A. Scale and form balconies shall be visually compatible with 1. Height. The proposed height of the the contributing buildings, structures, addition or new construction shall be objects, and sites of the historic FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-27 Page 837 HISTORIC PRESERVATION designation when viewed from any street 2. Rhythm of solids to voids in facades. The or public open space. structures, public relationship of solids to voids in the ways, and places to which they are visually principal facades of a structure shall be related. visually compatible with the contributing Applicability of the underlying zoning. The buildings, structures, objects, and sites of review standards above shall not supersede the the historic designation. structures, public dimensional requirements of the underlying ways, and places to which it is visually zoning. to Congress Street Historic District. In related. the Congress Street Historic District, for new 3. Rhythm of entrances, porches, and other construction within the B-3 zone, the Historic projections or recesses. The relationship of Preservation Board shall not impose conditions entrances, porches, and other projections more restrictive than the dimensional or recesses to sidewalks shall be visually requirements of the B-3 zone. compatible with the contributing buildings, Applicability to India Street Historic District. structures, objects, and sites of the historic For new construction within the India Street designation. the structures, public ways, Historic District, the Historic Preservation and places to which they are visually Board shall not impose conditions more related. restrictive than the dimensional requirements 4. Relationship of materials. The relationship of the IS-FBC zone, except for in the case of a of the color and texture of materials (other building addition which proposes to change the than paint color) of the principal facades height of a contributing historic structure. shall be visually compatible with the Applicability to the Portland Company Historic predominant materials used on the District. For new construction within the contributing buildings, structures, objects, Portland Company Historic District, the height and sites of the historic designation. in the requirements of the B-6 Building Height structures to which they are visually Overlay & Building Envelopes map shall be related. controlling and the Historic Preservation Board 5. Signs. Any new sign, and any change in the shall not impose conditions more restrictive appearance of an existing sign located on a than the building height requirements of the B- landmark, within a historic district, or 6 zone. within an historic landscape district, which B. Composition of principal facades is readily visible from any street or open 1. Proportion of openings. The relationship space shall not be incongruous to the of the width to height of windows and historic character of the landmark or doors shall be visually compatible with the district and shall comply with the criteria contributing buildings, structures, objects, and guidelines specified in the Historic and sites of the historic designation. Resources Design Manual. structures, public ways, and places to which the building is visually related. 1716-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 838 HISTORIC PRESERVATION C. Relationship to street landmark, within a historic district, or 1. Walls of continuity. Facades and site within a historic landscape district which is structuresfeatures, such as masonry walls, readily visible from any street or open fences, and landscape masses, shall, when space shall not be incongruous with the it is a characteristic of the areacontext, contributing buildings, structures, objects, form cohesive walls of enclosure along the and sites of the historic designation. to the a street to ensure visual compatibility with historic character of the landmark or the contributing buildings, structures, district and shall comply with the criteria objects, and sites of the historic and guidelines specified in the Historic designation. structures, public ways, and Resources Design Manual. places to which such elements are visually D. Other standards related. 1. Compatible use. In the case of a change of 2. Rhythm of and spacing and structures on use of a property from its originally- along streets. The relationship of the intended purpose, eEvery reasonable addition or new construction a structure effort shall be made to provide a or object to the open space between it and compatible use for a property which adjoining adjacent buildings, structures, or requires minimalize the alteration toof the objects, or sites shall be visually compatible character -defining features of the with the contributing buildings, structures, structure, object, or site and its objects, and sites of the historic environment or to use a property for its designation. structures, objects, public originally intended purpose as they relate ways, and places to which it is visually to the original use.Distinguishing original related. character. The distinguishing original 3. Directional expression of principal facades. qualities or character of a structure, elevation. A structureThe addition or new object, or site and its environment shall construction shall be visually compatible not be destroyed. The alteration of any with the structures, public ways, and places historic material or distinctive architectural to which it is visually related in its features should be avoided when possible. directional character of the contributing 2. Archeological resources. Every reasonable buildings, structures, objects, and sites of effort shall be made to protect and the historic designation, whether this be preserve significant archaeological vertical character, horizontal character, or resources affected by or adjacent to any nondirectional character. project. If resources must be disturbed, 4. Streetscape, and pedestrian mitigation measures shall be undertaken. improvements. Streetscape and pedestrian 3. Contemporary design. Contemporary improvements and any change in the design for additions to existing properties appearance thereof located adjacent to shall not be discouraged when such any addition or new construction or on a alterations and additions do not destroy FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-29 Page 839 HISTORIC PRESERVATION significant cultural, historical, architectural, B.A. In considering an application for a Certificate of or archaeological materials that Appropriateness involving comprehensive characterize the property. The new work redesign of a noncontributing structure, the shall be differentiated from the old and standards for review of additions and new shall be compatible with the size, scale, construction set forth in Subsection material, and character of the property, 17.8.316.6.47 shall apply. neighborhood and environment.Contemporary design for 16.6.516.6.6 Standards for review of additions to existing properties shall not be relocation discouraged when such alterations and In acting uponconsidering an application for a additions do not destroy significant Certificate of Appropriateness involving relocation cultural, historical, architectural, or of a building, structure, or object, the reviewing archaeological materials that characterize authority shall approve the application only upon the property. finding that it meets the following standardsthe 4. Additions. Wherever possible, new Historic Preservation Board and the Planning Board additions to structures and objects shall be shall apply the following general standards and any undertaken in such a manner that, if such design guidelines in the ordinance designating the additions were to be removed in the landmark or district: future, the essential form and integrity of A. Whether the historic or urban design character the structure would be unimpaired. and aesthetic interest of the building, structure, or object contribute to its present setting. 16.6.416.6.5 Standards for review of B. If located within a district, whether there are alterations and additions to or redesign of definite plans for the area to be vacated and noncontributing structuresproperties what the effect of those plans is on the A. In considering an application for a certificate of character of the surrounding area. In such appropriateness involving alteration(s) or cases, consideration of additional design additions to a noncontributing building, guidelines for construction to be imposed as a structure, object, or site, the standards for condition of approval is appropriate. review of alterations set forth in Subsection C. Whether the relocation of the building, 17.8.2 shall apply as applicable. The intent of the structure, or object can be accomplished review shall be to ensure no further erosion of without significant damage to its physical any existing architectural character of the integrity. subject structure determined to be significant D. Whether the proposed relocation area is by the Planning Authority or Historic compatible with the cultural, historical or Preservation Board and, where practicable, to architectural character of the building, guide projects toward a more compatible structure, or object. relationship with the surrounding context using . 1716-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 840 HISTORIC PRESERVATION 16.6.616.6.7 Standards for review of signage 16.7.2 Standard to be applied In considering an application for a Certificate of A. The Board of Appeals shall approve an Appropriateness involving the installation or application for a certificate of economic modification of sign(s) the reviewing authority shall hardship only upon a determination that the approve the application only upon finding that it denial of approval of the proposed activity or meets the following standards:, including awning(s) of the proposed demolition will result in the which incorporate signage, loss of all reasonable use of the building, A. sSigns shall be compatible with the subject structure, object, or site. as required by building, structure, object, and sites. and its Subsections 17.9.5 and 17.9.7. surrounding context as detailed in the signage B. Where the condition of the building, structure, design guidelines included in the Historic object, or site is claimed to prevent any Resources Design Manual. reasonable use, the applicant shall establish B. Signs shall be installed in such a manner as to that such condition is not the result of the acts minimize damage to contributing buildings, of neglect of the owner or their predecessors structures, objects, and sites. in title under Section 16.89. A.C. If there is a conflict between this standard and D. In applying this standard, the Board of Appeals the requirements of Article 19, the stricter shall consider among other things any evidence standard shall apply. presented concerning the following: 1. Any opinions from a licensed engineer or 16.1016.7 CERTIFICATE OF ECONOMIC architect with experience in renovation, HARDSHIP restoration, or rehabilitation as to the 16.7.1 Applicability structural soundness of the structure and A. Any applicant who has received a denial under its suitability for continued use, renovation, this article or is seeking demolition of a restoration, or rehabilitation. landmark or a contributing building, structure, 2. Any estimates of the cost of the proposed object, or site within a district may apply make alteration, construction, demolition, or application for a certificate of economic removal and an estimate of any additional hardship from the Board of Appeals. cost that would be incurred to comply B. The application shall be submitted to the with the recommendations of the Planning Planning Authority, together with the applicable Board for changes necessary for it to be fee. In the case of a denial, the application shall approved. be submitted within 60 days of the denial. 3. Any estimates of the market value of the C. The Planning Authority shall transmit a copy of property in its current condition; after the application to the Board of Appeals, with completion of the proposed alteration, copies to the Planning Board and the Historic construction, demolition, or removal; after Preservation Board, within 14 days following any expenditures necessary to comply with receipt of a properly completed application. the recommendations of the Planning FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-31 Page 841 HISTORIC PRESERVATION Board for changes necessary for it to property, or state that none were approve a Certificate of Appropriateness; obtained. and in the case of a proposed demolition, 6.5. All listings of the property for sale or rent, after renovation of the existing structure price asked and offers received, if any, for continued use. within the previous four years., or state 4. In the case of a proposed demolition, any that none were obtained. estimates from architects, developers, real 7.6. All studies commissioned by the owner as estate consultants, appraisers, or other to profitable renovation, rehabilitation, or real estate professionals experienced in utilization of any buildings, structures, or rehabilitation as to the economic feasibility objects, or site on the property for of restoration, renovation, or rehabilitation alternative use, or a statement that none of any existing structures or objects. were obtained. 8.7. For income-producing property, itemized 16.7.3 Information to be supplied by applicant income and expense statements from the A. The applicant shall submit by affidavit the property for the previous two years. following information, which shall constitute an 8. Professional assessment from a licensed application for an application to be considered engineer or architect with experience in to be complete: rehabilitation of historic buildings, 1. The assessed value of the property and/or structures, objects, and sites as to the the building, structure, object, or site in the structural soundness of the building, case of a demolition for the two most structure, object, or site and its suitability recent assessments. for continued use, or rehabilitation. 2. Real property taxes paid for the previous 9. Estimate of the cost of the proposed two years. alteration, construction, demolition, or 3. The amount paid for the property by the removal proposed by the applicant. owner, the date of purchase, and the party 10. and an eEstimate of any additional cost from whom purchased, including a that would be incurred to address findings description of the relationship, if any, of fact provided by the reviewing authority between the owner and the person from in issuing a denial of the application for whom the property was purchased. historic preservation review. comply with 4. The current balance of any mortgages or the recommendations of the Planning any other financing secured by the Board for changes necessary for it to property and the annual debt service, if approve a certificate of appropriateness. any, for the previous two years. 9.11. A statement of the minimum extent of 5.4. All appraisals obtained within the previous work necessary to allow reasonable use of two years by the owner or applicant in the building, structure, object, or site. connection with purchase, offerings for 10. Form of ownership or operation of the sale, financing, or ownership of the property, whether sole proprietorship, for 1716-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 842 HISTORIC PRESERVATION profit or not for profit corporation, limited the hearing before the board. Undue hardship partnership, joint venture, or other. shall not include mere inconvenience or B. In the event that the information required to be incidental financial loss. No such waiver shall be submitted by the applicant is not reasonably granted without the Planning Authority giving available or attainable, the applicant shall file best practical notice to all persons entitled to with the affidavit a statement of the notice of the hearing. information that cannot be obtained and shall B.A. Where the application requests the demolition describe the reasons why such information is of a landmark or a contributing structure within unavailable. a district, the Planning Authority shall promptly C. The Planning Authority may request that third- notify any persons interested in historic party reviewers with applicable expertise to preservation, who have registered in writing review materials provided by the applicant and with him or her, give notice by mail to all prepare a report on their analysis of the owners of property within 500 feet of the application materials. In these cases, the cost of structure, and shall require that the applicant the third-party review shall be charged to the immediately place a notice, to be supplied by applicant. the building official, in a prominent place on the C.D. Notwithstanding the submission of the above structure and to maintain it there at all times information, tThe Historic Preservation Board during the pendency of the demolition of Appeals may require additional evidence or application. The notice shall state that the supporting materials to inform their decision structure has been proposed to be demolished on the applicationas provided in Subsection by its owner and provide contact information 17.7.4(G). for further information. The failure to give any notice required hereunder shall not affect the 16.7.4 Public hearingReview validity of any action taken by the Planning A. The Board of Appeals shall hold a workshop or Authority or the Board of Appeals. public hearing on the application within 30 days C.B. The Planning Authority Board may provide a following receipt of thea completed application report or any other information, form. Where the application requests the documentation or evidence or request the demolition of a landmark or a contributing Historic Preservation Board to assist the Board structure within a district, the public hearing of Appeals in considering the extent of variance shall not be held less than 90 days following necessary, an appropriate incentive plan, or receipt of the completed application, unless the reasonable condition to be imposed. applicant makes a clear showing that the delay D. The Board of Appeals may continue a will result in undue hardship of a unique or proceeding for such additional time as it exceptional character which could not reasonably takes an applicant, any other reasonably be or have been avoided. Upon such interested person, the Historic Preservation a showing, the Planning Authority may waive all Board, or the Planning Board to comply with a or any part of the 90-day period and schedule request for additional information or evidence. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-33 Page 843 HISTORIC PRESERVATION The applicant shall be afforded the right to 16.7.616.7.5 Determination of no reasonable present rebuttal evidence. useIssuance A. If the determination of the Board of Appeals is E. Determination by the Board of Appeals that thea denial of the historic preservation F.C. The determination by the Board of Appeals review application certificate of shall be made within 3045 days following close appropriateness or the prohibition on of the public hearing and submission of all demolition under Ssubsection 16.3.6(B) has information, documentation, or evidence resulted in the denial loss of all reasonable use requested by the board. The determination of the building, structure, object, or siteor the shall be accompanied by findings of fact. entire property in the case of new D. The Board of Appeals shall not grant approval construction, then the certificate of economic of an application involving demolition unless hardship shall be issued by the Planning the board determines, upon clear and Authority within 930 days following the convincing evidence, that one or more of the determination unless during that time the City following circumstances apply: Council approves an incentive plan pursuant to 1. The structure is not subject to this article. Subsection 17.9.8. 2. Denial of a demolition permit would result B. Certificates of economic hardship shall: in a hardship to the property owner so 1. Limit the scope of work to the minimum great that it would effectively deprive the extent necessary to allow reasonable use owner of all reasonable use of the of the building, structure, object, or site; structure. The extent of any demolition and permitted shall be limited to the amount 2. Not allow for the beginning of any necessary to allow reasonable use of the demolition work until the necessary structure. Where the condition of the approvals and permits have been attained structure is claimed to prevent any to allow for the rehabilitation, alteration, or reasonable use, the applicant shall establish replacement of the building, structure, that such condition is not the result of the object, or site. acts or neglect of the owner or his E.C. Certificates of economic hardship shall be valid predecessors in title occurring in whole or for a period of three years from the date of the in part after August 1, 1988. determination by the Board of Appeals. F. A copy of the determination of the Board of 16.7.5 Disapproval by Board of Appeals Appeals, together with the findings of fact, shall If the determination of the Board of Appeals is to be mailed to the applicant and filed with the disapprove the application for a Certificate of City Clerk, the Planning Board, and the Historic Economic Hardship, the applicant shall be notified Preservation Board within 14 days following the within five business days. The notice shall include a determination of economic hardship. copy of the findings of fact and report. 1716-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 844 HISTORIC PRESERVATION G.D. Certificates of eEconomic hHardship shall not following the determination by the Board of be transferable from the applicant to another Appeals. subsequent owner of the same property. J. A copy of the ordinance enacted by the City Council, together with the incentive plan, if any, Incentive plan shall be mailed to the applicant and transmitted H.E. The purpose of an incentive plan is to provide a to the Board of Appeals, the Planning Board, mechanism to allow a reasonable use without and the Historic Preservation Board within five the demolition of the complete structure or business days following the enactment of the important architectural elements. The Planning ordinance. Board, in cooperation with the Historic Preservation Board and the owner, may Issuance of Certificate of Economic Hardship prepare a report and recommend to the Board K.F. Upon receipt by the Board of Appeals of a copy of Appeals an incentive plan to assure of City Council action disapproving an incentive reasonable use of the structure. This incentive plan, or upon failure of the City Council to act plan may include, but is not limited to, loans or to either approve or disapprove an incentive grants from the City of Portland or other public plan within the time specified, the Board of or private sources; acquisition by purchase or Appeals shall approve a Certificate of Economic eminent domain; building and safety code Hardship to the applicant within 30 days. The modifications to reduce cost of maintenance, certificate may be subject to conditions restoration, rehabilitation, or renovation; including design guidelines for subsequent new changes in applicable zoning regulations, construction not inconsistent with the including a transfer of development rights; or standards set forth in this article and the relaxation of the provisions of this article Historic Resources Design Manual. The sufficient to allow reasonable use of the Certificate of Economic Hardship shall be valid structure. for a period of 120 days from approval by the Board of Appeals, except as provided in City Council consideration of incentive plan Subsection 17.9.7 where an incentive plan has I. Upon receipt of a report from the Board of been proposed. Certificates of Economic Appeals recommending an incentive plan to Hardship shall not be transferable from the assure reasonable use of the property, the City applicant to another subsequent owner of the Council shall give prompt consideration to the same property. determination of economic hardship and the L. Upon presentation by the applicant of a report of the board, including the valid Certificate of Economic Hardship recommended incentive plan. The City Council to the Planning Authority, the Certificate shall approve or disapprove the incentive plan of Appropriateness shall be issued to the determined by the Board of Appeals to allow applicant within 14 days. reasonable use of the structure within 90 days FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-35 Page 845 HISTORIC PRESERVATION 16.1116.8 MAINTENANCCE B. The owner or such other person shall repair 16.8.1 Preservation Maintenance of protected such building, object, or structure, or object, or structures site within a specified period of receipt of a A. All landmarks, and all contributing buildings, written order by the Planning Authority to structures, objects, and sites located in an correct defects or repairs to any building, historic district, shall be preserved against structure, or object, or site as provided by decay and deterioration by being kept free Subsection 16.8.1(A) above, so that such from the following structural defects by the building, structure, or object, or site shall be owner and any other person or persons who preserved and protected from further may have legal custody and control thereof: deterioration in accordance with the purposes 1. Deteriorated or inadequate foundation of this article. which jeopardizes its structural integrity. C. Any such order shall be in writing, shall state 2. Defective or deteriorated floor supports or the actions to be taken with reasonable any structural members of insufficient size particularity and shall specify dates for to carry imposed loads with safety which compliance, which may be extended by the jeopardize its structural integrity. Planning Authority for reasonable periods to 3. Members of walls, partitions, or other allow the owner to secure financing, labor or vertical supports that split, lean, list, or materials. buckle due to defective material or deterioration which jeopardize its 16.1216.9 PENALTIES structural integrity. 16.9.1 Fines for violation 4. Structural members of ceilings and roofs, Failure to perform any act required by this article or or other horizontal structural members, performance of any act prohibited by this article or which sag, split, or buckle due to defective of any conditions or any approvals certificate issued materials or deterioration or are of hereunder shall constitute a violation and be subject insufficient size to carry imposed loads to a fine as provided in 30 A M.R.S. §4452. Each day with safety which jeopardize its structural on which there is failure to perform a required act integrity. or on which a violation exists shall constitute a 5. Fireplaces or chimneys which list, bulge, or separate violation for purposes of this section. settle due to defective material or deterioration or are of insufficient size or 16.9.2 Withholding of future approvals strength to carry imposed loads with Where the applicant has done work or caused work safety which jeopardize its structural to be done not on a structure or a property for integrity. which a Certificate of Appropriateness is sought and 6. Lack of weather protection which such work is either not done in compliance with an jeopardizes the structural integrity of the approval received under this article or was walls, roofs, or foundation. performed without the approvals required under this article, no new application for a historic 1716-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 846 HISTORIC PRESERVATION preservation review a certificate of appropriateness Authority that the violation has been such structure or property shall be considered by corrected, any remaining portion of the the Planning Authority or by the Historic five-year prohibition on issuance of a Preservation Boardfor the site or building, permit may be waived. structure, object, or site associated with the 2. For a period of 25 years, any alteration or violation until the work done without approval is new construction on the property shall be brought into compliance with the requirements of subject to this article, whether or not any this article. The Historic Preservation Board may remaining building, structure, or object, or waive this requirement if the Historic Preservation site on the property continues to have the Board determines that the work does not alter the cultural, historical, architectural, or essential character of the structure or district and archaeological character and integrity that one or more of the following standards are also caused it to be nominated or designated as met: a landmark or part of a district. The work was needed to bring a building into 3. As a condition for any new land use conformance with any building or safety code. approval, the owner may be required to The applicant can demonstrate a good faith belief rebuild, reconstruct, restore, or replicate that necessary approvals had been received for the the building, structure, or object, or site on work at issue prior to the commencement of the the property. work. B. Paragraphs (A)(1) and (2) Subsection 16.9.3(A) The applicant can demonstrate a good faith belief above shall not apply to violations which are that the work done was not subject to review under limited to noncontributing buildings, structures, this article. objects, or sites. 16.9.3 Additional penalties for willful violation 16.9.4 Other remedies or gross negligence Notwithstanding the provisions of Subsections A. In addition to the penalties authorized by 17.11.1 and 17.11.2, the City may institute appropriate Subsections 17.11.116.910.1 and 16.910.2, a proceedings in law and equity to prevent or remedy violation which is intentional, or occurs through any violation of this article. gross negligence, shall be subject to the following provisions: 16.9.5 Liberal construction of article 1. No permit shall be issued under Chapter 6 This article shall be liberally applied and construed of this Code of Ordinances for any to effectuate the purpose of preservation set forth alteration or new construction affecting in Section 17.1. such property for a period of five years following the last date of the violation, 16.9.6 Exception for dangerous buildings other than permits necessary to correct This article shall not apply to any structure which the violation. However, upon presentation has been ordered demolished by the municipal of evidence satisfactory to the Planning officers or a court, in accordance with 17 M.R.S. § FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1716-37 Page 847 HISTORIC PRESERVATION 2851 et seq., its equivalent, as it may be amended from time to time, or to any structure which has been partially destroyed and is determined by the Planning Authority to represent an immediate hazard to the public health or safety, which hazard cannot be abated by reasonable measures specified by the Planning Authority, including without limitation securing apertures and/or erecting fencing. 16.1316.10 APPEALS The applicant, or any person who has participated in opposition to the application and demonstrates a particularized harm caused by the approval of any application associated with this article, may appeal that decision in accordance with Article 2. 1716-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 848 HOUSING 1817 HOUSING unit and dwelling units that remain vacant for three years or more or are lost due to 18.117.1 HOUSING PRESERVATION AND demolition unless the vacancy or demolition REPLACEMENT results from accidents outside of the owner’s 18.1.117.1.1 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 18.1.217.1.2 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 18.1.317.1.3 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 (E) 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 the result in the loss of fewer than three dwelling paragraph. units which were legally registered residential B. Proposals that result in a number of units equal use as of July 1, 2002 for the purposes of to or greater than the number of units lost as creating surface parking. determined by the Planning Authority. C. For the purposes of this section, loss of C.B. Legally nonconforming dwelling units existing in dwelling units shall mean the elimination or zones which no longer permit residential uses. conversion to nonresidential use of a dwelling FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-1 Page 849 HOUSING D.C. Property which has been ordered demolished The notice will grant the tenant not less than by the City, pursuant to 17 M.R.S. § 2851, et seq., 90 days from the date of receipt of the notice as amended, except where it is determined by to vacate the unit. the Building Authority that the deterioration C. File proof of service of the notice with the was caused by neglect or lack of maintenance. Planning Authority. E.D. Paragraph (A) above notwithstanding, the conversion to a nonresidential use of any 18.1.617.1.6 Housing replacement dwelling units located on the ground floor of a requirements building within a mixed-use zone. A. The Planning Authority shall require, as a condition of approval, that an owner shall 18.1.417.1.4 Planning Authority approval replace any dwelling units that are demolished required or converted to nonresidential use. Notwithstanding any other provision of this section, B. This requirement may be satisfied in any one of a proposal to demolish or to convert three or more the following ways, which may be used in dwelling units to a nonresidential use in a zone combination: where such use is otherwise permitted must first 1. Construction of units. The construction of obtain approval from the Planning Authority. In housing units within a new structure or a addition to any other requirements of the Land Use new addition either on site or off-site. Code, the applicant must submit a statement 2. Residential conversion. The conversion of certifying the number of dwelling units to be a nonresidential building to residential use. demolished or converted to nonresidential use, as well as a description of the characteristics of each 18.1.717.1.7 Replacement unit requirement of those units. In addition to the foregoing, all replacement units built pursuant to Subsection 1817.1.6.B above shall: 18.1.517.1.5 Tenant notification A. Be located within the same United States requirements census block group as the parcel from which Prior to elimination as a result of demolition or the dwelling units are being removed or within conversion to nonresidential use, the owner shall: 1,500 feet of the dwelling units being removed. A. Provide the Planning Authority a list containing B. Not previously have been on the market as of the name of each tenant currently residing in the date of application. the dwelling units to be demolished or C. Be situated within a development which has not converted to nonresidential use, as well as been a candidate for site plan approval as of verification of compliance with tenant notice the date of the application. requirements of this subsection. D. Be comparable in size to the units replaced. B. Deliver to each tenant who occupies such a For the purpose of this section, “comparable in dwelling unit a written notice to vacate the unit. size” means that the aggregate size of the The notice shall either be sent by certified mail, replacement units will be no less than 80% of return receipt requested, or served in-hand. 1817-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 850 HOUSING the size of the aggregate of the original units to than the amount originally required to be be replaced and a similar bedroom mix. deposited for each rooming or dwelling unit. 18.1.817.1.8 Contribution to the Housing 18.1.917.1.9 Performance guarantee Trust Fund Owners or affiliates must post a performance A. The applicant may meet the requirements of guarantee in the form of a letter of credit, or other this housing replacement ordinance by security acceptable to the City attorney, in the depositing $50,000 for each dwelling unit into amount equivalent to the amount the applicant the City’s Housing Trust Fund. would have been required to contribute to the 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 1817.1.8. 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 18.1.1017.1.10 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 FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-3 Page 851 HOUSING 3. The applicant demonstrates with objective the Zoning Board of Appeals within 30 days of that evidence that the imposition of the decision. requirements of this section would impose such an economic burden upon the 18.217.2 AFFORDABLE HOUSING project relative to its scope that it renders 18.2.117.2.1 Purpose the project impossible to develop. It is in the public interest to promote an adequate 4. The requested relief does not constitute a supply of housing that is affordable to a range of grant of a special privilege inconsistent households at different income levels. The with the limitations upon similar Therefore, the purpose of this section therefore is properties. to offer incentives to developers to include units of B. The Zoning Board of Appeals must make affordable and workforce housing within positive findings on each of the four criteria development projects, thereby mitigating the above in order for any such adjustment to be impact of market rate housing construction, or and valid. An applicant aggrieved of a decision of to require the demonstrated increase in inclusion of the Zoning Board of Appeals may appeal a affordable housing needs resulting from the decision under this subsection pursuant to the creation of new lower-income jobs, on the limited provisions of Article 2. supply of available land for suitable housing, and helping to meet the housing needs of all economic 18.1.1117.1.11 Effect of other City ordinances groups within the city. The City believes thatunits in A. Nothing in this section shall permit the development projects in certain contexts. In so demolition or conversion to nonresidential use doing, this section will assist the city in meeting the of dwelling units in residential property City’sits comprehensive goals for affordable protected by Article 1716, except as permitted housing, in preventing the prevention of by that ordinance. overcrowding and deterioration of the limited B. A conditional zone may not be used to supply of affordable housing, and by doing so circumvent the application of this section. The promote the health, safety, and welfare of its terms of this section shall apply to any citizens. conditional zone which involves dwelling units affected by this section. Notwithstanding the 17.2.2 Affordable housing incentives foregoing, nothing herein shall be deemed to A. Eligible projects. Under this subsection, prevent the City and the applicant from eligible projects shall include any development agreeing to terms which exceed those imposed project: by this section by means of a conditional zone. 1. That is permissible under the provisions of this Land Use Code in the zone in which it 18.1.1217.1.12 Appeals is proposed. Any applicant aggrieved by a decision of the 2. That creates new dwelling units, among Planning Authority under this section may appeal to which is at least one low-income or workforce housing unit for rent or sale, 1817-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 852 HOUSING through new construction, substantial B. , shall be reduced by the City for an eligible alteration of existing structures, adaptive project in the manner described in Table 17-A. reuse or conversion of a nonresidential use Development fees do not include any fees to residential use, or any combination of charged for review conducted by any party these elements. Affordable housing units other than the City. . for sale or rent may not differ in exterior C. Eligible project shall mean a development design from other units within an eligible project: project. TABLE 18-A: AFFORDABLE HOUSING FEE REDUCTIONS % of New Units 17.2.2 Reduction of fees That are Low- Cost of Work A. . Notwithstanding any other provision of this Income or Development (Building Permit) Land Use Code or Chapter 6 to the contrary, Workforce Fee Discount Fees development fees shall be reduced by the City 5% up to but not 5% reduction $10.50 per $1,000 for an eligible project in the manner described including 10% 10% up to but not 10% reduction $9.90 per $1,000 in Table 18-A. including 15% B. Development fees shall include: 15% up to but not 15% reduction $9.35 per $1,000 1. Site, including site plan review and including 20% 20% up to but not 20% inspection fees. $8.80 per $1,000 including 25% reduction 2. Subdivision, subdivision review and 25% or more inspection fees. 25% reduction $8.25 per $1,000 3. Impact, impact fees, administrative fees. 1. That is permissible under the provisions of 4. Administrative fees. this Land Use Code in the zone in which it 5. Construction, and construction and permit is proposed. fees as described in Chapter 6 of the City 2. That will be a single-family or multi-family dwelling, or subdivision consisting of a group of dwellings, and will not be located TABLE 17-A: AFFORDABLE HOUSING FEE REDUCTIONS in an R-1 or R-2 zone. % of New Units 3.1. That creates new dwelling units, among That are Low- Cost of Work Income or Development (Building Permit) which is at least one low-income or Workforce Fee Discount Fees workforce housing unit for rent or sale, 10% up to but not 10% reduction $9.90 per $1,000 through new construction, substantial including 15% rehabilitation of existing structures, 15% up to but not 15% reduction $9.35 per $1,000 adaptive reuse or conversion of a including 20% nonresidential use to residential use, or 20% up to but not 20% $8.80 per $1,000 including 25% reduction any combination of these elements. 25% or more 25% reduction $8.25 per $1,000 Affordable housing units for sale or rent may not differ in exterior design from other units within an eligible project. of Portland Code of Ordinances. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-5 Page 853 HOUSING 4. Projects shall not be considered “eligible Subsection 17.2.2 may avail themselves of the projects” solely because they are subject following options: to Subsection 18.2.3. 1. Density bonuses. The maximum number D. Expedited review. The Planning Authority shall of units that would otherwise be allowed perform its review of an eligible project in as under this Land Use Code shall be expedited a manner as is practical, without increased for an eligible project in the impairing the scope or thoroughness of the manner described in Table 17-B, applicable review. The Planning Authority may adopt where residential is allowed as a permitted administrative procedures to prioritize review or conditional use in mainland zones. of eligible projects and facilitate this expedited 2. Height bonuses. In mixed use zones, the review. TOD zones, and the RN-6, for eligible projects in which over 75% of units are low-income or workforce units, maximum TABLE 17-B: BONUSES FOR ELIGIBLE PROJECTS % Low-income or heights as permitted under Article 7 shall Workforce Units Density Permitted1 be increased by 10 feet. 10-19% 1.1 x base 3. Unit size. In order to be eligible for this 20-29% 1.25 x base subsection, the low-income and workforce 30-49% 1.3 x base housing units must meet Subsections 50-74% 2.5 x base 17.2.3(C)(2), (3), and (4). >75% 2.5 x base 4. Term of affordability. Affordable units 1 “Base” is the number of units allowed under the zoning without under this subsection shall be deed- this bonus but with any other bonuses applied. restricted to remain affordable for 30 years or the longest term permitted under E.C. The Planning Board shall make its best efforts federal, state, and local laws, whichever is to give priority in scheduling workshops and longer. Such deed restrictions shall be public hearings related to any plans or recorded in the Cumberland County applications required for an eligible project that Registry of Deeds. are within the Planning Board’s jurisdiction, without impairing the scope or thoroughness 18.2.317.2.3 Ensuring workforce housing of its review. At the conclusion of these public F.A. Purpose. Based on the City’s Comprehensive meetings, the Planning Board shall promptly Plan and the City’s 2015 housing study, it is in issue a decision on all such plans and the public interest to promote an adequate applications before it for consideration. supply of housing that is affordable to a range D. Density bonuses. Notwithstanding any other of households at different income levels. The provision of this Land Use Code to the purpose of this subsection is to ensure that contrary, in order to encourage low-income housing developments over a certain size and workforce units in areas prioritized for provide a portion of workforce housing units growth, eligible projects as defined under 1817-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 854 HOUSING and, by doing so, promote the health, safety, Article 3. The project shall have the option and welfare of Portland citizens. of paying a partial fee-in-lieu as per (65) G.B. Applicability. This subsection shall apply to below or providing an additional unit on- development projectssite plan applications that site for any fractional value. create ten or more net new dwelling units for 3.2. Projects shall not be segmented or phased rent or for sale through new construction, to avoid compliance with these provisions. substantial rehabilitationalteration of existing In cases where projects are completed in structures, adaptive reuse or conversion of a phases, affordable units shall be provided nonresidential use to residential use, or any in proportion to the development of combination of these elements, with the market rate units unless otherwise exception that projects using public financing permitted through regulations. requiring affordability restrictions, as defined 4.3. Workforce units must be integrated with by tax increment financing, U.S. Department of the rest of the development, must use a Housing and Urban Development funds such as common entrance, in the case of mixed HOME or CDBG, other federal, state, or local market rate and workforce buildings, must housing program, or the Low-income Housing TABLE 17-C: MINIMUM TERM OF AFFORDABILITY FOR Tax Credit program, shall be considered REQUIRED WORKFORCE UNITS exempt. . This subsection shall not apply to % of Workforce projects that otherwise meet or exceed the Units Provided Minimum Term of Affordability standards of 17.2.3(C). 25% 30 years H.C. Standards. Development projects subject to 50% 20 years this subsection shall be subjectmeet to the 100% 10 years following requirements: 1. Notwithstanding any language to the provide no indicationsindication from contrary in this Land Use Code, all commonthe exterior or from areas inside developments of ten units or more are the respective buildings that these units conditional uses subject to Planning Board are workforce housing units., and must review on the condition that they comply demonstrate general parity in unit design, with the requirements of this subsection, finishes, and amenities between market unless they are within the India Street and workforce units in the development. Form-Based Code Zone, in which case the Applications shall include a narrative that review will be conducted administratively addresses parity of workforce and market or by the Planning Board in accordance rate units, a description of workforce and with the thresholds of site plan review for market rate unit attributes and amenities, the district. phasing if applicable, and integration into 2.1. At least 25% of the units in the project shall the respective building and site design. meet the definition of workforce housing 5.4. Workforce units need not be the same size unit for sale or for rent as defined in as other units in the development but the FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-7 Page 855 HOUSING TABLE 18-B: MINIMUM TERM OF AFFORDABILITY FOR 9.7. The term of affordability for the required REQUIRED WORKFORCE UNITS 25% workforce units provided shall be % of Workforce defined as shown in Table 18-B17-C. Units Provided Minimum Term of Affordability 25% 30 years I. Implementing regulations. Regulations to 50% 20 years further specify the details of this subsection 100% 10 years shall be developed, including, but not limited to: 8. Specific methodologyProjects shall be subject to an affordable housing cumulative number of bedrooms in such agreement with the City of Portland, unless units, either on- or off-site, shall be no less a project is otherwise subject to such an than 10 percent25% of the total number of agreement requiring an equal or greater bedrooms in the development. For the percentage of affordable units at an equal purposes of calculating the number of or lower income target level than required bedrooms in a development, every 400 by this section. square feet in each market rate unit will D. Density and height bonuses. Projects that are count as a bedroom if the Planning subject to this subsection shall be eligible for Authority determines this method is density and height bonuses under Subsection appropriate in lieu of counting actual 17.2.2(D). bedrooms. 1.E. Implementation guidance. The Housing & 6.5. As an alternative to providing workforce Economic Development Department shall housing units, projects may pay a fee-in- provide guidance on income verification. lieu of some or all of the units. In-lieu fees methods, affordable housing agreements, and shall be paid into the Housing Trust Fund. subsequent monitoring requirements. The fee for affordable units not provided 2. Situations where less than permanent shall be $150,000 per unit, adjusted affordability might be considered. annually in the same way as the fee under 3. Guidelines for meeting the requirement Subsection 1817.1.8. that off-site units be “in the same 7.6. Workforce housing units for sale, if neighborhood.” converted to workforce housing units for E.F. Reporting to City Council. In conjunction rent, shall become subject to the income with the annual report on the Housing Trust limits and other requirements of such units. Fund, the Planning Authority shall annually 8. If at least 33% of the units in a report on developments subject to this development are workforce units, the subsection, the number of units produced, the development is eligible for subsidy through amount of fee-in-lieu collected, and the overall an Affordable Housing TIF, subject to City effectiveness of this subsection in achieving its Council approval. stated purpose. 1817-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 856 HOUSING 17.2.4 Density and dimensional bonuses and low-income or workforce units for rent or for reductions sale may utilize the following dimensional Notwithstanding any other provision of this Land bonuses and changes: Use Code to the contrary, in order to encourage 1. The maximum number of units that would low-income and workforce units in designated otherwise be allowed under this land use growth areas, eligible projects as defined under code shall be increased by 2.5. Subsection 18.2.2 may avail themselves of the 2. Maximum number of units and maximum following options: length of buildings do not apply but may A. Density and dimensional bonuses. The be set through site plan review. maximum number of units that would 3. Minimum building setbacks may be reduced to 10 feet. TABLE 18-C: BONUSES FOR ELIGIBLE PROJECTS % Low-income Additional 4. The PRUD may cross public rights of way or Workforce Density Height Setback provided that the right of way does not 1 2 3 Units Permitted Permitted Reductions count towards minimum lot size nor 10-19% 1.1 x base N/A N/A towards any open space requirements. 20-29% 1.2 x base 10 ft. N/A 5. Minimum recreation open space area is 30-49% 1.3 x base 10 ft. 5 ft. reduced to 200 square feet per dwelling 50-74% 2.5 x base 15 ft. 5 ft. unit of common area designated for > 75% 2.5 x base 25 ft. 10 ft. recreational purposes by the residents. 1 “Base” is the number of units allowed under the zoning without Minimum contiguous size and setbacks do this bonus but with any other bonuses applied. In R-P zones, multifamily is permitted with a “base” no less than 1 unit per 1,500 not apply and shall be set through site plan SF of land area. review. 2 The maximum additional height permitted in the B-1/B-1b zones and the R-P zone shall be 15 feet. In addition, the maximum 6. The Planning Board’s Design Manual, structure height is 50 feet within 750 feet of the Portland design standards, and guidelines with Observatory. 3 Setback reductions are absolute reductions in front, side, and/or respect to PRUDs shall apply in full to rear setback requirements. The maximum setback reductions in the PRUDs utilizing this subsection. B-1/B-1b and R-P zones shall be 5 ft. C. Unit size. In order to be eligible for this otherwise be allowed under this Land Use Code subsection, the low-income and workforce shall be increased for an eligible project in the housing units must meet Subsections manner described in Table 18-C, applicable 18.2.3(C)(3), (4), and (5). where multi-family is allowed as a permitted or D.1. Term of affordability. Affordable units conditional use, with the exception of the I-B under this section shall be deed-restricted zone. Other dimensional bonuses related to to remain affordable for 30 years or the height and setbacks shall only be applicable in longest term permitted under federal, in the B-1/B-1b, B-2/B-2b/B-2c, B-3/B-3b/B-3c, B-5, state, and local laws, whichever is longer. R-7, and R-P zones. Such deed restrictions shall be recorded in B. Planned Residential Unit Developments the Cumberland County Registry of Deeds. (PRUDs). In the R-3, R-5, and R-5a zones, any PRUD in which more than 50% of the units are FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-9 Page 857 HOUSING E. Required public process. The developer of the the result of the fact that hospitality project must also commit to a good faith effort developments necessarily create a number of to communicate openly with affected jobs that do not pay employees at a rate properties as their process moves forward. At a sufficient to allow those employees to afford minimum, no less than 30 days prior to market-rate housing in the City of Portland. application for site plan review, any project that B. Hotel projects. For the purposes of this wishes to take advantage of this subsection subsection, hotel projects shall include any must hold a public meeting noticed to all hotel as defined in Article 3 consisting of 10 or properties within 500 feet of their site and post more guest rooms for rent. to transient guests a sign on the property in question describing or to extended stay guests of up to six months. the proposed project, intent to submit an Any expansion of an existing hotel by 10 or application to the City in 30 days (cite more rooms within any five-year period will anticipated submission date), and contact also be considered a hotel project. information for the developer and the Planning C. Hotel projects conditional uses. Authority. The Planning Board may adopt Notwithstanding anything to the contrary in regulations regarding the content and this Land Use Code, all hotel projects are processes for noticing as part of the Technical conditional uses subject to Planning Board Manual. review on the condition that they comply with F. Projects under 18.2.3. Projects that are subject the requirements of this Subsection 18.2.5. to Subsection 18.2.3 that choose to provide the D.C. Low-income housing minimum. All hotel required workforce housing units on site are projects shall provide one unit of low-income eligible for a 25% increase in total permitted housing for rent in the City of Portland for units. If an eligible project as defined under every 28 rooms in the hotel project, which shall Subsection 18.2.2 is also subject to Subsection meet the standards outlined in Subsections 18.2.3, the applicant shall have the option of 1817.2.3(C)(2), (3), (4), and (54) and in the utilizing either this bonus or any bonuses they implementing regulations governing low- are eligible for under Subsections 18.2.4(A) and income units. Such units shall contain two (B) but not both. bedrooms and be a minimum of 900 SF in floor area. This amount shall be rounded up to the 18.2.517.2.4 Inclusionary zoning for hotel nearest increment of 28 rooms. These units projects shall be deed restricted for the longest period A. Purpose. This subsection is based on City permitted by law, shall not be used for short- analysis, most specifically the analysis term rentals of less than 30 days, and must be documented in the Greater Portland Council of provided with distinct entrances from the Government study Proposed Hotel Linkage Fee: street to delineate them from the hotel itself. Supportable Range dated August 29, 2018, that E.D. Fee-in-lieu alternative. As an alternative to finds that new hospitality developments create providing low-income housing units under a need for new affordable housing. This need is Subsection 1817.2.45(D) above, a hotel project 1817-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 858 HOUSING may pay a fee-in-lieu of $3,806 per hotel guest A. Contributions from the City’s housing room. This amount shall be paid into the City’s replacement ordinance under Subsection Housing Trust Fund and used for the purposes 1817.1.8. set forth in the ordinance and regulations B. In-lieu fees under Subsections 1817.2.3 and applicable to that trust. 1817.2.5. F.E. Annual adjustments. The amounts in C. Funds appropriated to be deposited into the Subsection 1817.2.45(E) above shall be adjusted fund by vote of the City Council. annually in the same way as the fee under D. Voluntary contributions of money or other Section 1817.1.8. liquid assets to the fund. F. Regulations. The Planning Board may E. Any federal, state, or private grant or loan promulgate implementing regulations based on funds provided to the fund. this subsection. Implementation guidance. F. Interest from fund deposits and investments. The Housing & Economic Development G. Repayments of loans made from the fund. Department shall provide guidance on income verification methods, affordable housing 18.3.317.3.3 Management of the trust fund agreements, and subsequent monitoring The City Manager, or his or hertheir designee, shall requirements. serve as the manager of the Housing Trust Fund. The responsibilities of the manager, subject to the 18.317.3 JILL C. DUSON HOUSING TRUST FUND orders of the City Council, shall include: 18.3.117.3.1 Purpose A. Maintaining the financial and other records of The purpose of enacting this section is: the Housing Trust Fund. A. To establish a City of Portland Housing Trust B. Disbursing and collecting Housing Trust Fund Fund for the promotion, retention, and monies in accordance with the Housing Trust creation of an adequate supply of housing, Fund annual plan. particularly affordable housing, for all economic C. Monitoring the use of monies distributed to groups and to limit the net loss of housing units successful applicants for Housing Trust Fund in the city. support to assure on-going compliance with B. To serve as a vehicle for addressing very low, the purposes of the fund and the conditions low, and medianmoderate income housing under which these monies were granted or needs through a combination of funds as set loaned. out in this article. 18.3.417.3.4 Housing Trust Fund annual plan 18.3.217.3.2 Establishment of the Jill C. A. Each fiscal year, the City Council shall adopt a Duson Housing Trust Fund Housing Trust Fund annual plan. The City The City Council shall establish a special revenue Manager shall submit to the City Council a account under the name “City of Portland Jill C. recommended Housing Trust Fund annual plan, Duson Housing Trust Fund” (Housing Trust Fund). utilizing the revenues of the Housing Trust Deposits into the fund shall include: Fund as well as any other funds the manager FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-11 Page 859 HOUSING may propose as appropriate. The housing E. No grants or loans shall be awarded by the committee of the City Council or such other Housing Trust Fund to corporations, committee as the council shall designate shall partnerships, or individuals who are delinquent conduct public hearings on the recommended at the time of application in the payment of plan and refer the matter to the council for property taxes or other fees to the City of action. Portland, who have been convicted of arson, B. The Housing Trust Fund annual plan shall who have been convicted of discrimination in include: the sale or lease of housing under the fair 1. A description of all programs to be funded housing laws of the State of Maine, or who have in part or in full by the Housing Trust Fund. pending violations of current City electrical, 2. A description of how funds from the plumbing, building, or housing codes or zoning Housing Trust Fund will be distributed ordinances. among very low-income, low-income and moderate-income households. 18.3.617.3.6 Term of affordability 3. The amount of funds budgeted for A. Whenever funds from the Housing Trust Fund programs funded in part or in full from the are used for the acquisition, construction, or Housing Trust Fund. substantial rehabilitation of an affordable rental C. Priority for the expenditure of funds collected or cooperative unit, the City of Portland shall pursuant to Section 1817.1 shall be given to the impose enforceable requirements on the creation of new housing stock, through either owner of the housing unit that the unit remain new construction or conversion of affordable for the remaining life of the housing nonresidential buildings to residential use. unit, assuming good faith efforts by the owner to maintain the housing unit and rehabilitate it 18.3.517.3.5 Distribution and use of the as necessary. The remaining life of the housing Housing Trust Fund’s assets unit shall be presumed to be a minimum of 30 A. All distribution of principal, interest, or other years. assets of the Housing Trust Fund shall be made B. Whenever funds from the Housing Trust Fund in furtherance of the public purposes set out in are used for the acquisition, construction, or Section 1817.1. substantial rehabilitation of ownership housing, B. During each year, the Housing Trust Fund shall the City of Portland shall impose enforceable disburse as grants or loans so much of the resale restrictions on the owner to keep the Housing Trust Fund’s assets as the City Council housing unit affordable for the longest feasible in its discretion has approved in the Housing time, while maintaining and equitable balance Trust Fund annual plan. between the interests of the owner and the C. Funds shall not be used for City administrative interests of the City of Portland. expenses. C. The affordability restriction requirements D. Funds shall not be used for property operating described in this subsection shall run with the expenses or supporting services. land and the City of Portland shall develop 1817-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 860 HOUSING appropriate procedures and documentation to additional year, or fraction thereof, to a enforce these requirements and shall record maximum of 240 additional days. The notice such documentation in the Cumberland County shall set forth specifically the rights of tenants Registry of Deeds. under (A), (B), and (C) of this subsection and Subsection 1817.4.4, and shall contain the 18.417.4 CONDOMINIUM CONVERSION following statement: 18.4.117.4.1 Purpose If you do not buy your apartment, the The purpose of this section is to regulate the developer of this project is required by conversion of rental housing to condominiums, to law to assist you in finding another place minimize the potential adverse impacts of such to live and in determining your eligibility conversion on tenants, to ensure that such for relocation payments. If you have converted housing is safe and decent, and to questions about your rights under the maintain a reasonable balance of housing law, or complaints about the way you alternatives within the city for persons of all have been treated by the developer, you incomes. may contact the Department of Permitting & Inspections, City of 18.4.217.4.2 Applicability Portland, 389 Congress Street, Portland, This section shall apply to the conversion of any Maine 04101. rental unit to a condominium unit. For the B. If the notice specifies a date by which the purposes of this section, developer shall mean any tenant is required to vacate, the notice may person or other legal entity, but not including an also serve as a notice of termination under the established lending institution unless it is an active applicable law of forcible entry and detainer, if participant in a common promotional scheme, who, it meets the requirements thereof. The notice whether acting as principal or agent, records a shall be hand delivered to the tenant or mailed, declaration of condominium that includes real estate, by certified mail, return receipt requested, any portion of which was previously a rental unit. postage prepaid, to the tenant at the address of the unit or such other address as the tenant 18.4.317.4.3 Protection of tenants may provide. The notice shall be effective when A. Notice of intent to convert. A developer shall actually received. No tenant may be required by give to each tenant, meaning any occupant in a developer to vacate without having been lawful possession of a rental unit, whether by given notice as required herein, except for the lease, sublease, or otherwise, written notice of reasons specified in the applicable law of intent to convert at least one 120 days before forcible entry and detainer, and in accordance the tenant is required by the developer to with the procedures thereof. The terms of a vacate. If a tenant has been in possession of any tenancy, including rent, may not be altered unit within the same building for more than during the notice period, except as expressly four consecutive years, the notice period shall provided in a preexisting written lease. If, within be increased by 30 additional days for each 120 days after a tenant is required by a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-13 Page 861 HOUSING developer to vacate, the developer records a not apply to any tenant whose gross income declaration of condominium without having exceeds 80% of the median income of the Portland given notice as required herein, the developer SMSA, adjusted for family size, as determined by the shall be presumed to have converted in U.S. Department of Housing and Urban violation of this article. Development at the time notice is given as required C. Option to purchase. For a 60-day period in Subsection 1817.4.3. Additionally, the developer following the giving of notice as required in shall, upon demand, provide assistance to the Subsection 1817.4.3(A), the developer shall tenant in the form of referrals to other reasonable grant to the tenant an exclusive and irrevocable accommodations and in determining the tenant's option to purchase the unit of which the tenant eligibility for relocation payments as provided is then possessed, which option may not be herein. assigned. If the tenant does not purchase or contract to purchase the unit during the 60- 18.4.517.4.5 Conversion permit day period, the developer may not convey or Before conveying or offering to convey a converted offer to convey the unit to any other person unit, the developer shall obtain a conversion permit during the following 180 days at a price or on from the Building Authority. The permit shall issue terms more favorable than the price or terms only upon receipt of a completed application previously offered to the tenant, unless the therefore in a form to be devised for that purpose, more favorable price or terms are first offered payment of a fee of $25,000 per converted unit, to exclusively and irrevocably to the tenant for an be adjusted annually in the same way as the fee additional 60-day period. This subsection shall under Chapter 14, Section 1817.1.8 of this code, at not apply to any rental unit that, when least $1,000 of which shall be appropriated to the converted, will be restricted exclusively to Housing Safety Office for the administration and nonresidential use. If, within two years after a enforcement of the Rent Stabilization Ordinance, developer records a declaration of Chapter 6, Articles XII and XIII of this code, and the condominium, the use of any such unit is remainder of which shall be paid into the Jill C. changed such that but for the preceding Duson Housing Trust Fund, and a finding, upon sentence, this subsection would have applied, inspection, that each unit, together with any the developer shall be presumed to have common areas and facilities appurtenant thereto, is converted in violation of this article. in full compliance with all applicable provisions of Chapter 6, Articles II, III, and V and Chapter 10, 18.4.417.4.4 Relocation payments Article II of the City of Portland Code of Ordinances, If the tenant does not purchase the unit, the and the Life Safety Code as adopted by the state. developer shall, before the tenant is required by the The developer shall post a copy of the permit in a developer to vacate, make a cash payment to the conspicuous place in each unit and shall make tenant in an amount equal to the amount of rent copies available to prospective purchasers upon paid by the tenant for the immediately preceding request. two months, provided that this requirement shall 1817-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 862 HOUSING 18.4.617.4.6 Variation by agreement to cause removal of the residential unit. Such No provision of or right conferred by this Section written notice shall be given to the tenant at least 1817.4 may be waived by a tenant, by agreement or 120 days before the tenant shall be required to otherwise, and any such waiver shall be void. Any vacate the premises and shall contain the following attempt to require, encourage, or induce a tenant statement: to waive any provision hereof, or right conferred The developer of this project is required by hereby, shall be a violation of this article. Nothing law to assist you in finding another place to herein shall be construed to void any term of a lease live and in determining your eligibility for which offers greater rights than those conferred relocation payments. If you have questions hereby. about your rights under the law, or complaints about the way you have been 18.517.5 RELOCATION OF DISPLACED TENANTS treated by the developer, you may contact 18.5.117.5.1 Purpose the Department of Planning and Urban The purpose of this section is to encourage the Development, City of Portland, 389 retention of a diverse housing supply throughout Congress Street, Portland, Maine 04101. the downtown and in areas readily accessible to the downtown, to ensure that persons displaced as the 18.5.317.5.3 Relocation assistance for all result of redevelopment of residential units to tenants nonresidential uses within the B-3 Downtown The developer shall provide, upon demand, Business zone are treated fairly and consistently, assistance to all tenants who will be displaced by the and to ensure that persons so displaced will be development in the form of referrals to other relocated at the reasonable expense of the reasonable accommodations and in determining the developer to comparable housing at a location tenants' eligibility for relocation payments as providing comparable access to services and provided herein. The developer shall make amenities. relocation payments to eligible tenants in accordance with the schedule adopted by the City 18.5.217.5.2 Notice and eligibility for Council in Subsection 1817.5.4. relocation assistance When a proposed development will result in the 18.5.417.5.4 Schedule of relocation displacement of residents of an existing structure, payments for eligible tenants the developer of the property shall give all tenants The developer shall, before the tenant is required by written notice as set forth below and shall provide the developer to vacate, make a cash payment to relocation assistance as set forth below for any the tenant in an amount equal to the amount of tenant whose gross income is 80% or less of the rent paid by the tenant for the immediately median income of the Portland SMSA, adjusted for preceding two months. family size, as determined by the U.S. Department of Housing and Urban Development at the time the developer gives the tenant written notice of intent FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 1817-15 Page 863 OFF-STREET PARKING & LOADING 1918 OFF-STREET PARKING & LOADING C. Certain uses listed within Table 18-A are not subject to parking maximums, and are indicated 18.1 OFF-STREET PARKING as such where applicable. 18.1.1 General A.D. For any use not listed in Table 18-A, the parking Off-street parking, either by means of structured or provisions for the most similar use, as surface spaces, in addition to being a permitted determined by the Building Authority or the principal use in certain zones, shall be considered as Planning Authority, shall apply. an accessory use when required or provided to A. Exemptions. serve principal uses. The provisions of this article 1. The waterfront zones in Article 10 shall not shall apply to parking as an accessory use. be subject to parking maximums. 2. In any zone, spaces reserved any required 18.1.2 Uses requiring off-street parking accessible parking spaces in compliance 18.1.2 Except as provided in Table 19-B and as with the standards of the Americans with provided elsewhere in this article, Disabilities Act (ADA) shall not be included minimum off-street parking requirements in the calculation of parking maximums. shall be as provided in Table 19-A. For any B. Permission to exceed parking maximums. use not listed in Table 19No vehicle 1. A parking maximum may be exceeded by parking spaces required up to 25% if one or more of the following Off-street vehicle parking is not required. However, conditions are met: a Transportation Demand Management Plan is a. 10% of the total parking spaces required for certain development actions and uses, provided are available for public use per Section 13.6.1. 24 hours a day, seven days a week. b. 20% of the total number of spaces are 18.1.3 Vehicle parking maximums provided as shared spaces, available A. Table 18-A establishes the maximum number of for public use from 8:00 a.m. to 6:00 off-street parking spaces that may be provided p.m., Monday through Friday. for each designated use. In some cases, uses c. 20% of the total number of spaces are that are considered part of a larger generic use provided as shared spaces, available category may be listed with specific parking for public use from 6:00 p.m. to 8:00 maximums. These specific uses are listed only a.m., seven days a week. for the purposes of this article, and do not 2. When public use spaces are provided in indicate whether such uses are permitted or order to exceed a parking maximum, the conditional within any zone. following shall apply: B. In the TOD zones, the maximum total number a. When located within a parking of off-street parking spaces permitted shall be structure, public use spaces shall be reduced by 25%. located within the first two floors of the structure. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-1 Page 864 OFF-STREET PARKING & LOADING b. Signs shall be provided indicating the A.B. Floor area. Unless otherwise stated, all square availability and location of public use footage-based for off-street parking standards spaces. shall be computed based on the basis of gross c. Shared spaces not available to the floor area used or intended to be used for public 24 hours a day, seven days a service to customers, patrons, clients, or week shall be clearly marked, patients. It need not include floors or parts of indicating the hours of availability for floors used principally for non-public purposes, public use. such as bulk storage, cellar, or food preparation 3. A parking maximum may be exceeded areas. These provisions notwithstanding, the without the provision of public use spaces "floor area" used as the basis for computing off- if the reviewing authority findings that a street parking requirements shall never be less parking study provided by the applicant than 80% of the total gross floor area.. demonstrates that the number of spaces is B.C. Fractions. Any fraction greater than or equal necessary for the proposed use of the site. to 0.5 will be rounded up to the nearest whole number. Any fraction less than 0.5 will shall be 18.1.318.1.4 Rules of calculation rounded down to the nearest whole number. A. Basis of calculation. The maximum number of C. Multiple uses. When two or more principal parking spaces allowed is calculated based uses or separate establishments are located upon the principal use or uses of the lot. When within the same lot, off-street parking shall be two or more principal uses are located on the provided for each principal use or separate same lot, the maximum number of spaces is the establishment according to Table 19-A, unless sum of the separate standards for each use. joint use is approved under Subsection 19.1.5. D. Accessory uses. Off-street parking shall not be calculated separately for accessory uses. TABLE 19-A: OFF-STREET PARKING MINIMUMS Vehicular Bicycle Single-, two-, or multi-family 1 space/ dwelling unit units Lodging house 1 space/5 rooming units1 Special needs independent 1 space/4 dwelling units, plus 1 space/staff member normally 2 spaces/5 units dwelling unit present at any one time Sheltered care group home 1 space/2 employees Congregate care facilities 1 space/3 dwelling units Emergency shelters 1 space/2 employees 2 spaces/10 vehicle Long-term, extended care, parking spaces for the 1 space/5 beds, plus 1 space/employee normally present and intermediate care first 100 vehicle spaces during weekday morning shift facilities required, plus 1 space/20 18-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 865 OFF-STREET PARKING & LOADING Governmental uses 1 space/400 SF of floor area vehicle parking spaces 4 Hospitals and clinics 1 space/500 SF of floor area thereafter Places of assembly 1 space/150 SF of floor area used for assembly purposes2 Preschool facilities 1 space/staff member normally present at any one time For students 1 space/room used for instruction up to 15 years purposes Schools For students 1 space/10 seats used for instruction 16 years and purposes or, if no fixed seats, 1 space/100 older SF used for instruction purposes 1 space/2 guest rooms for first 4 guest rooms, plus 1 Bed and breakfasts space/additional room thereafter3 General offices 1 space/400 SF of floor area 1 space/8 beds or, if within ¼ mi. of a transit stop, 1 space/12 Hostels beds Hotels 1 space/4 guest rooms 1 space/200 SF of first floor area in excess of 2,000 SF, plus Retail 1 space/700 SF for each floor above Restaurants and bars 1 space/150 SF of floor area Theaters, performance halls, 1 space/5 seats or, if no fixed seats, 1 space/100 SF of funeral homes assembly space 1 space/1,000 SF of floor area in excess of 3,000 SF not Industrial uses including area catering to retail 1 Except in the R-5 zone, where the requirement shall be 1 space/2 rooming units. 2 Except for neighborhood centers which primarily serve clientele from the surrounding neighborhood, where the parking requirement shall be 1/1,000 SF of floor area 3 Except in the I-B zone, where no off-street parking shall be required for beds and breakfasts. 4 Development with under 10 required vehicular parking spaces shall provide at least two bicycle parking spaces. TABLE 19-B: CATEGORICAL EXCEPTIONS TO OFF-STREET PARKING MINIMUMS Categorical Vehicular Exceptions Major site plans The Planning Board shall establish the off-street parking requirement based on a parking study. 2 spaces are required for every 3 units, except that the Planning Board may establish a less parking requirement Affordable housing regardless of the size of the structure. The Planning Board may establish a parking requirement that is less than the normally required number of spaces upon a finding of unique conditions that result in a lesser parking demand, such as housing for persons who Multi-family housing cannot drive, housing that participates in a Transportation Demand Management program, or housing which includes permanent restrictions on automobile usage, and which is permanently restricted from utilizing resident on-street parking stickers. Historic structures No off-street parking in excess of that existing on or servicing the lot as of March 15, 1999 shall be required.1 Accessory Dwelling No off-street parking shall be required. Units FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-3 Page 866 OFF-STREET PARKING & LOADING No off-street parking shall be required within ¼ mile of fixed route transit service. New uses or changes of use of Transit proximate more than 10,000 SF taking advantage of this exception shall be required to provide a Transportation Demand development and uses Management Plan if they use this provision in lieu of parking requirements. No off-street parking shall be required for the first four dwelling units, not counting accessory dwelling units, Residential uses except as otherwise specified herein. Zone-Based Vehicular Exceptions Residential Nonresidential IR-1/I-B Off-street parking requirements for nonresidential uses shall be reduced by 75%. IR-3 No off-street parking required. R-OS Off-street parking shall be adequate to serve projected employee and visitor needs. B-2/B-2b/B-2c For changes of use of 10,000 SF or less, no off-street parking shall be required for nonresidential uses.2 IS-FBC No off-street parking required for first three dwelling units.For changes of use of 10,000 SF or less, no off- street parking shall be required for nonresidential uses.2 B-3 No off-street parking required for changes of use. B-5 No off-street parking required. B-6 Off-street parking requirement shall be determined based on a parking study. B-7 Off-street parking requirement shall be determined based on a parking study. Waterfront Zones Off-street parking requirements shall be reduced by 50%. No off-street parking required in the WCZ. 1 Exception applies for uses within any contributing structure in a local or national register historic district or locally-designated or national register landmark building under Article 17. However, parking may not be decreased from that existing on or servicing the lot on March 15, 1999 except to the extent necessary to meet the requirements of the Americans with Disabilities Act. 2 If the number of existing parking spaces serving the site is less than the requirements of this article, that number of parking spaces may not be reduced lower than the required amount prior to the change of use except to the extent necessary to meet the requirements of the Americans with Disability Act, to the extent it is a requirement or a condition of site plan review, or to the extent the change of use requires less parking than the previous use and the total number of parking spaces serving the site exceeds the parking requirements of this article for all uses on the site including the change of use. A newly constructed building, a building addition, or a change of the use of a building exceeding 10,000 SF of floor area, shall provide parking as required by this article. 18-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 867 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces Adult business 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area establishments Agriculture No maximum -- Airports No maximum -- Animal-related 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area services Auto, boat, and 1 per 300 SF of indoor sales and -- related dealerships display area + 6 per service bay Auto service 1 per 250 SF of retail floor area + 4 -- stations per service bay 1 per 100 SF of indoor floor area + Bars 1 per 300 SF of outdoor seating Over 5,000 SF of floor area: 1 per 1,500 SF of floor area area Bed and breakfasts 2 spaces + 1 per guest room 2 spaces Boathouses and storehouses for 1 per 200 SF of floor area -- fishing equipment Campgrounds 1.5 per campsite -- 1 per 100 SF of floor area Cemetery -- (office and/or chapel/parlor) Child care centers + small child care 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area facilities Clinics No maximum Over 5,000 SF of floor area: 1 per 1,500 SF of floor area Communication Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area studios area Construction and 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area engineering services Cultural facilities 1 per 300 SF of floor area 1 per 2,000 SF of floor area Dairies 1 per 300 SF of floor area -- Multi-family: 1 per 2 dwelling units Dwelling, residential 2 spaces per dwelling unit Other: none Elementary/middle school: Elementary, middle, 6 per classroom + 4 per office and secondary 1 per 2 classrooms High school: schools 10 per classroom + 4 per office Emergency shelters 1 per 200 SF of office floor area -- FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-5 Page 868 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces Exhibition, meeting, 1 per 20 persons at maximum 1 per 100 persons at maximum capacity and convention halls capacity Food and seafood processing, packing, 1 per 500 SF of floor area -- and distribution Funeral homes 1 per 100 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area General offices 1 per 200 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area General services 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area Governmental uses No maximum -- 1 per 250 SF of indoor office/retail Greenhouse/nursery sales floor area + 1 per 10,000 SF -- (retail) of growing/stock area (indoor + outdoor) Group home 1 per rooming unit 1 per 4 rooming units 1 per 500 SF of floor area up to High-impact 40,000 SF, then 1 per 2,500 SF of -- industrial uses additional floor area (excludes any outdoor storage area) Hospitals No maximum 1 per 100 beds Hostels 1 per 4 beds -- Hotels 1.5 per guest room -- Impound lots 1 per 200 SF of office floor area -- Passenger facilities: 1 per 500 SF of Intermodal floor area Over 10,000 SF of floor area: 1 per 2,500 SF of floor transportation Freight facilities: 1 per 200 SF of area facilities office floor area Laboratory and Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area research facilities area Lodging house 1 per rooming unit 1 per 4 rooming units Low impact 1 per 200 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area industrial Lumber yards 1 per 200 SF of floor area -- 1 per 500 SF of floor area up to Marijuana 40,000 SF, then 1 per 2,500 SF of Over 10,000 SF of floor area: 1 per 2,500 SF of floor cultivation facilities additional floor area (excludes any area outdoor storage area) 19-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 869 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces 1 per 500 SF of floor area up to Marijuana 40,000 SF, then 1 per 2,500 SF of Over 10,000 SF of floor area: 1 per 2,500 SF of floor manufacturing additional floor area (excludes any area facilities outdoor storage area) Marijuana retail 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area store Marijuana testing Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area facilities area Marinas 1 per 2 slips -- 1 per 250 SF of indoor office/retail Market gardens sales floor area + 1 per 5,000 SF of -- growing area (indoor + outdoor) Neighborhood 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area nonresidential reuse Off-street parking No maximum -- Parks and open No maximum Over 5,000 SF: 1 per 1,000 SF spaces 1 per 150 SF of floor area used for Places of assembly Over 5,000 SF of floor area: 1 per 1,500 SF of floor area assembly purposes 4 per classroom + 4 per office + 1 Post-secondary per 2 students of maximum 1 per 10 students of maximum enrollment schools enrollment 1 per 500 SF of floor area up to Printing and 40,000 SF, then 1 per 2,500 SF of -- publishing additional floor area Recreation and Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area amusement centers area 1 per 500 SF of floor area up to 40,000 SF, then 1 per 2,500 SF of Recycling facilities -- additional floor area (excludes any outdoor storage area) Registered marijuana 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area dispensary Residential care 1.5 per dwelling unit or room 1 per 5 dwelling units or rooms facilities (large) Residential care 2 per dwelling unit or room 1 per 4 dwelling units or rooms facilities (small) FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-7 Page 870 OFF-STREET PARKING & LOADING TABLE 18-A: OFF-STREET PARKING MAXIMUMS AND MINIMUM BICYCLE PARKING REQUIREMENTS Maximum vehicle spaces Minimum bicycle spaces 1 per 100 SF of indoor floor area + Restaurants 1 per 300 SF of outdoor seating Over 5,000 SF of floor area: 1 per 1,500 SF of floor area area Retail 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area Self-storage 1 per 25 storage units -- facilities Residential dwelling: No maximum Small-scale Commercial space: 1 per 300 SF of -- marijuana caregiver floor area Social service 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area centers Solar energy system 1 per 200 SF of office floor area -- 1 per 500 SF of floor area up to Solid waste disposal 40,000 SF, then 1 per 2,500 SF of -- facilities additional floor area (excludes any outdoor storage area) Specialty food 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area service Over 5,000 SF of floor indoor floor area: 1 per 1,500 SF Sports complexes No maximum of indoor floor area + 1 per 2,500 SF of outdoor area Stadiums 1 per 15 seats 1 per 100 seats Studios for artists 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area and craftspeople Telecommunication towers (ground- 1 per tower -- mounted) Theaters and Over 10,000 SF of floor area: 1 per 2,500 SF of floor 1 per 300 SF of floor area performance halls area Utility substations 1 per 200 SF of office floor area -- Veterinary services 1 per 300 SF of floor area Over 5,000 SF of floor area: 1 per 1,500 SF of floor area 1 per 200 SF of office floor area + 1 Warehousing and Over 10,000 SF of floor area: 1 per 2,500 SF of floor per 25,000 SF of warehouse floor distribution area area Wharves, piers, docks, and landing No maximum -- ramps 1 per 200 SF of office floor area + 1 Wind energy system -- per turbine 19-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 871 OFF-STREET PARKING & LOADING E. New construction. In the case of new 18.1.6 Off-site parking construction, the minimum off-street parking Required off-street parking shall be located on the requirements in Table 19-A shall be met. same lot with the principal use, except as follows: F. Changes of use. In the case of changes of use, A. For uses in residential zones. Off-street the only additional off-street parking required parking may be located off-site upon an shall equal the difference between the parking applicant demonstrating the following: required for the new use and the parking 1. Off-street parking cannot reasonably be required for the existing use. provided on the same lot with the principal G. Building additions or alterations. In the case use. of additions or alterations which increase the 2. Off-site parking is proposed to be located number of units or square footage of a given no more than 300 feet from the principal use, the only additional off-street parking use, measured along lines of public access. required shall equal the difference between the 3. The premises to be used for off-site parking required for the use in the post- parking are held, either under the same development condition and the parking ownership or by lease, by the applicant. required for the use in the pre-development Evidence of such control, either by deed or condition. lease, shall be provided. 4. The premises to be used for off-site 18.1.4 Shared use vehicles parking have adequate parking supply to The required parking for multi-family residential meet any parking required for existing uses buildings may be partially met through provision of on those premises. shared-use vehicles, which are vehicles available for 5. The premises to be used for off-street use on a fee basis to the residents of the building. parking are located in the same or less One shared use vehicle shall be deemed to satisfy restrictive zone as that of the building or eight required car spaces, but in no case shall more use served. than 50% of the parking requirement be satisfied by B. For uses in nonresidential zones. Off-street a shared vehicle use. parking may be located off-site at a distance of no more than 100 feet from the principal use, 18.1.5 Joint use measured along lines of public access. The joint use of a parking facility by two or more Off-street parking may be located further than principal uses may be permitted where it is clearly 100 feet from the principal use provided the demonstrated that the parking facility will applicant demonstrates the following: substantially meet the intent of the off-street 1. Off-site parking is proposed to be located parking requirements by reason of variation in the no more than 1,500 feet from the principal probable time of maximum use by patrons or use, measured along lines of public access. employees among such establishments. 2. The premises to be used for off-site parking are held, either under the same ownership or by lease, by the applicant. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-9 Page 872 OFF-STREET PARKING & LOADING Evidence of such control shall be provided may be otherwise amended by action of the by showing, at a minimum, a signed letter City Council from time to time. of intent, purchase and sale agreement, or option for sale or lease at the time of 18.1.8 Location of vehicular parking approval, and an executed deed or lease A. In general prior to issuance of any certificate of 4. Tandem vehicular parking shall be occupancy for review and approval by permitted for residential uses, and for Corporation Counsel. Off-site parking developments where managed parking is leases shall be for a term of not less than part of an approved site plan. five years with an option to renew. Parking shall be prohibited in the front yard, which shall mean the open space between the street line 3. The premises to be used for off-site and building, except for parking have adequate parking supply to meet any parking required for existing uses 18.1.5 Use of parking facilities on those premises. A. In general. The sale, repair, or dismantling or servicing of any vehicles, equipment, materials, 18.1.7 Fee-in-lieu of parking or supplies is prohibited, unless customarily A. Applicability. Any development subject to site incidental or accessory to a conforming plan review shall either provide the required principal use. parking on- or off-site or pay a fee-in-lieu of B. Commercial vehicles parking of not less than $5,000 per space not 1. Residential zones provided. Fees shall be deposited into the a. No commercial vehicle may be parked Sustainable Transportation Fund, as established outdoors on a lot in a residential zone, in Section 19.3 of this article. The fee shall be with the following exceptions: paid on or before the date upon which a i. Vehicles engaged in loading, certificate of occupancy is issued. Payment unloading, or current work being shall be secured by a bond at the time the performed on the premises. amount of the fee is set. ii. Commercial vehicles that are B. Annual adjustment. The value of the fee shall standard size passenger motor be adjusted annually according to the vehicles including but not limited Engineering News Record construction index as to vans, sport utility vehicles published on January 1st of the current (SUVs), standard passenger size calendar year. The fee adjustment shall be livery vehicles, and pick-up trucks, calculated by dividing the index amount may be stored or parked published on January 1st of the current year by outdoors overnight in a the index amount published on January 1, 2010 permitted parking area. Such ($8,660), multiplied by the minimum fee permitted commercial vehicles amount of $5,000. The base fee, the may include the logo of the adjustment index, or the calculation method 18-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 873 OFF-STREET PARKING & LOADING commercial business painted on 18.1.6 Location of off-street vehicular or applied to the vehicle. parking spaces b. All other commercial vehicles A. Residential zones including but not limited to semi-truck 1. Residential uses tractor units, with or without attached a. Vehicular parking spaces shall be trailers, flatbed trucks, box trucks, located to the side or rear of the buses, construction vehicles, livery principal structure, and shall not be vehicles that exceed standard located between the front building passenger vehicle size such as line and the front lot line, with the limousines, or other large commercial exception of parking within driveways vehicles are not permitted to be on lots containing single- or twofamily, stored or parked outdoors overnight. two-family, three-family, or four-family 2. All other zones dwellings. “Driveway,” as used in this a. Commercial vehicles with the logo of paragraph, shall not include any the commercial business painted on turnaround area. or applied to the vehicle that are being b. Where Parking spaces may be located operated and stored in the normal within a required interior side or rear course of business, such as signs setback. When more than six parking located on delivery trucks, spaces are provided in an existing promotional vehicles, moving vans, front yard exceeds a maximum front and rental trucks, are permitted to be interior side or rear setback, a parked on the lot in areas related to maximum of 10% offence not less their use as vehicles, provided that the than six feet in height shall be primary purpose of such vehicles is provided and maintained along the not the display of signs. All such total parking area provided on the site vehicles must be maintained in may be located applicable lot line operable condition. between such spaces and the b. No more than one commercial vehicle adjoining lot. shall be parked outdoors on a lot in 2. Nonresidential uses the B-1 zone. b.a. Vehicular parking spaces shall be c. No more than six commercial vehicles located to the side or rear of the shall be parked outdoors on a lot in principal structure and the street., and the B-2/B-2b zones. shall not be located between the front building line and the front lot line. B. In residential zones 5. Where off-street parking for six or fewer vehicles is required or provided, parking located within five feet of any lot line shall FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-11 Page 874 OFF-STREET PARKING & LOADING be located 50 feet or greater from any residential zone, a fence, not less street line, except for in the R-6 zone, and than 48 inches in height, shall be parking in allAll parking spaces provided provided and maintained between for nonresidential uses in residential zones such off-street parking and that shall maintain the minimum front setback part of the lot line involved. from any street line, except on a corner lot C. In mixed-use zones where parking shall maintain the side B. Mixed use, transit-oriented, and office zones setback on a side street. 1. Vehicular parking spaces shall not be 6. Where off-street parking for more than six located between the front building line and vehicles is required or provided: the front lot line. This does not apply to a.b. Parking for nonresidential uses shall parking within driveways on lots containing be located a minimum of 25 feet or three-family or four-family dwellings. greater from any residential structure 1. Where off-street parking for more than six on an adjoining lot. vehicles is required orto be provided: b. Where vehicles are to be or may be 7.2. Where vehicles are to be or may be parked parked within a required setback: within 10 feet of any street line, a c. Parking spaces may be located within continuous, permanently -anchored curb a required interior side or rear guard, at least five feet from the lot line, setback. When spaces are located shall be provided and maintained between within a required interior side or rear such off-street parking and that part of the setback, a fence not less than six feet street line involved so that vehicle in height shall be provided and bumpers cannot project beyond its face maintained along the applicable lot toward the streetlot line involved., the top line between such spaces and the of which shall be at least 20 inches in adjoining lot. height c.d. Where parking for a nonresidential a. Where such off-streetmore than six use is located within 10 feet of any parking abutsspaces are provided, and street, a continuous, permanently - such spaces abut a lot in a residential anchored curb guard, at least five feet zone or in residential use, a fence, not from the lot line, shall be provided less than 48 inchessix feet in height, between such off-street parking and shall be provided and maintained thatthe lot line involved, the top of along the applicable lot line between which shall be at least 20 inches in such off-street parkingspaces and that height so that bumpers of vehicles part of the lot line involved. cannot project beyond its face.. 2. In the B-7 zone, off-street surface parking i. Where such off-street parking shall be located 35 feet or greater from any abuts a lot in residential use or an street, except in the case of: unoccupied lot located in a 18-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 875 OFF-STREET PARKING & LOADING 3. A lot where 80% of the frontage has a 18.1.918.1.7 Existing parking building within 10 feet of that restrictedfacilities frontage.adjoining lot. Off-street parking shall not include: a. A lot where all or a portion of the 35- A. More than one commercial motor vehicle in foot setback area had a gravel surface any residential zone, the R-P zone, or the B-1/B- not exceeding 15,000 square feet as of 1b zones. 9/29/15 and the principal use served is B. More than six commercial motor vehicles in the in a building meeting the minimum B-2/B-2b/B-2c zone. height requirements of the Bayside C. Loading, sales, dead storage, repair, or servicing Height Overlay or of 25,000 square of any kind, except when customarily incidental feet or greater. In these cases, the or accessory to a conforming principal use total number of spaces within the 35- when located in an industrial zone. foot setback and elsewhere on site D. Notwithstanding Section 19.1.9(A), any truck shall not exceed parking requirements. body, commercial trailer, or similar commercial Parking within the 35-foot setback vehicles in any residential zone or the R-P zone. shall provide stormwater quality A. As of the effective date of this Code, existing treatment. parking facilities that do not meet the b. The 35-foot setback requirement shall requirements of Section 18.1, but were in not apply to a driveway located conformance with the requirements of this perpendicular to the site. Code at the time of their establishment, shall not be considered nonconforming with regard C. Off-streetOpen space and industrial zones to the requirements of this Section. 1. Where off-street parking is to be provided B. Parking facilities existing as of the effective date within 10 feet of any street, a continuous, of this Code that do not meet the requirements permanently anchored curb guard, at least of Section 18.1 shall be brought into five feet from the lot line, shall be provided conformance when the following occurs: between such off-street parking and the 1. A new principal building is constructed on lot line involved, the top of which shall be the site. This includes construction of a at least 20 inches in height. second or more principal buildings on a 2. Where more than six parking spaces are site with an existing building. provided, and such spaces abut a lot in a 2. An existing building is increased in building residential zone, a fence not less than six footprint by 50% or more. feet in height shall be provided and maintained along the applicable lot line 18.2 OFF-STREET LOADING between such spaces and the adjoining lot. 18.2.1 Uses requiring off-street loading A. Off-street loading is not required in the B-6 or in the waterfront, B-7 or WCZ zones. zones. In all other zones, the minimum off-street loading FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-13 Page 876 OFF-STREET PARKING & LOADING TABLE 19-C: OFF-STREET LOADING REQUREMENTS Use and Size (Gross Floor Area) Minimum Number of Bays or Berths General offices and hotels (> 100,000 SF) 1 Retail and 5,000 - 40,000 SF 1 industrial 40,000 - 100,000 SF 2 100,000 - 160,000 SF 3 160,000 - 240,000 SF 4 240,000 - 320,000 SF 5 320,000 - 400,000 SF 6 Each 90,000 over 460,000 SF 1 additional Hospitals and intermediate, long-term, and 2 off-street loading areas shall be provided whereby one service area extended care facilities for ambulance and other emergency vehicles shall be separate from one service area accommodating supply vehicles, and whereby both off-street loading areas shall be separate from parking and entrance locations. TABLE 18-CB: OFF-STREET LOADING REQUREMENTS Use and Size (Gross Floor Area) Minimum Number of Bays or Berths General offices and hotels (> 100,000 SF) 1 20,000 - 100,000 SF 1 Retail 100,001 – 200,000 SF 2 > 200,000 SF 3 10,000 - 40,000 SF 1 Industrial 40,001 - 100,000 SF 2 > 100,000 SF 3 bays or loading berths shall be as required; if all tenants are under 5,000 square providedestablished in Table 1918-C. These feet, no loading is required. minimum requirements shall be B. met and maintained in the case of new 18.2.2 Design of off-street loading construction, alterations, and change of use. A. All off-street loading must be located on the C. In the case of multi-tenant buildings or mixed- same lot as the use served. use developments, required loading bays or B. With the exception of the I-L/I-Lb, I-M/I-Mb, I-H, berths are calculated on the basis of each and A-B zones, no off-street loading is individual tenant (for example, if only one retail permitted in a front or corner side yard. Where tenant of a multi-tenant building is over 5,000 possible, off-street loading should be located square feet, only one loading bay or berth is opposite any abutting residential zone lot line. 18-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 877 OFF-STREET PARKING & LOADING C. Each loading bay or berth shall havebe a 18.2.4 Nonconformity as to off-street minimum dimensions of 50ten feet byin width loading and 25 feet in length, exclusive of aisle and A building which is nonconforming as to the maneuvering space, and must maintain a requirements for off-street loading shall not be minimum vertical clearance of 14 feet and. enlarged or added to, unless off street loading is A.D. Bays or berths may be located either within a provided sufficient to satisfy the requirements of building or outside and adjoining an opening in Article 19 for both the addition or enlargement and the building, except that in the case of hospitals the original building or structure. and intermediate, long-term, and extendedresidential care facilities, the off-- 18.3 SUSTAINABLE TRANSPORTATION FUND street loading area provided for ambulance and 18.3.1 Establishment other emergency vehicles shall be exempt from By act of the Portland City Council, the Sustainable the minimum dimensional requirement but Transportation Fund is hereby established. shall be of sufficient width and depth to permit expeditious access and egress from the loading 18.3.2 Purpose area. The purpose of the Sustainable Transportation Every part of such loading bay shall be located Fund is to implement those provisions of the completely off the street. In case trucks, Peninsula Transit Study Report and Action Plan, as trailers, or other motor vehicles larger than the adopted by the Portland City Council on August 3, dimensions of the minimum loading bay 2009, which recommended creation of a habitually serve the building in question, Sustainable Transportation Fund. The Peninsula additional space shall be provided so that such Transit Study Report and Action Plan established a vehicle shall park or stand completely off the goal to reduce the number and impact of single- street. occupancy vehicle trips to and from the Portland Peninsula. Achieving this goal requires 18.2.3 Requirements for additional bays, alterations, or modifications transportation choice for residents, businesses, and Any additional loading bays which are provided in visitors. This ordinance establishes a funding source excess ofaddition to the requirements ofminimum for broadening transportation choice and required by this article, or any loading bays facilitating development with lower traffic impacts otherwise established shall meet the requirements and reduced parking requirements. The mechanism of Subsection 1918.2.2, and no alterations or and protocol for collecting fees and spending funds modifications shall be made in an existing building are consistent with state requirements for utilizing or structure whereby loading openings or platforms transportation-related impact fees. are constructed or established unless the provisions 18.3.3 Deposits and expenditures of Subsection 1918.2.2 are met. A. Deposits. The City shall establish a Sustainable Transportation Fund to be set up as a separate FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-15 Page 878 OFF-STREET PARKING & LOADING account within the City. Deposits into the fund be used for eligible infrastructure projects in shall include: either abutting subdistrict. 4. 100% of the revenue generated by the fee E. Permitted expenditures of the fund. The in-lieu of parking program, as established Sustainable Transportation Fund may only be in Subsection 19.1.7 of this article. expended on the activities as described below: 5. Funds appropriated for deposit into the 8. Funds collected as fees in-lieu of parking fund by vote of the City Council. shall be expended toward capital 6. Voluntary contributions of money or other transportation improvements. Such liquid assets to the fund. capital improvements shall include but are 7. Any federal, state or private grant or loan not limited to the following: funds provided to the fund. a. Parking infrastructure: B. Accounting of deposits. Funds from the fee i. Shared use, publicly accessible in-lieu of parking program, as established in parking facilities. Subsection 19.1.7, shall be individually collected ii. Publicly accessible bicycle racks and accounted for by project and the and bicycle parking shelters. geographic fee in-lieu of parking subdistrict in b. Transit capital improvements and which it is located. expenses: C. Funds to be used within 10 years of deposit. i. Bus shelters, bus turnouts, transit Funds collected under the fee in-lieu of parking signage and other transit ordinance shall be spent on eligible amenities. infrastructure and/or capital improvements or ii. Buses and transit vehicles. expenses within 10 years of the date of iii. Transit and transportation collection. Any funds which are not so utilized information systems. and which exceed the City’s actual costs of iv. Fixed guide way and/or rail transit implementing the infrastructure improvement systems. or improvements for which such fees were c. Pedestrian and bicycle infrastructure: collected shall be refunded. Refunds shall be v. Multi-use trails and non-vehicular paid to the owner of records of the property transportation corridors. for which the funds were collected, determined vi. Pedestrian infrastructure and as of the date the refund is made. amenities located on publicly D. Use of funds by subdistrict. Funds collected accessible rights-of-way including under the fee in-lieu of parking ordinance shall but not limited to crosswalks, be spent on permitted expenditures of the fund signalization, landscaping, street within the same geographic fee in-lieu of furniture, wayfinding signage, parking sub-district as the contributing project. traffic calming, and lighting. However, for projects located within 250 feet vii. New public sidewalks and new of an abutting subdistrict, contributed fees can bicycle lanes along publicly accessible rights of way or 18-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 879 OFF-STREET PARKING & LOADING corridors where such facilities are 18.2.4 Existing structures not previously provided. Structures existing as of the effective date of this d. Other such improvements intended to Code that do not meet the requirements of Section enhance transportation choice and 18.2 are not required to install loading spaces, and promote transit and non-automotive shall not be considered nonconforming with regard transport. to the requirements of this Section. Such structures 9. Funds collected or appropriated by means may expand their footprint or gross floor area, so other than from a fee in-lieu of parking long as the expansion is on the same lot, no may be used for any of the capital additional lot area is added, and any existing off- transportation improvements listed above, street loading on the site is maintained. If the and for any of the following uses: existing principal building is demolished, this a. Transportation Demand Management exemption is no longer valid. In addition, if the lot program administration. area is expanded (e.g., an adjoining lot is purchased b. On- or off-peninsula transit and/or or leased), this exemption is no longer valid. non-automotive transportation capital or operating expenses. c. Transit and/or non-automotive transportation promotion and education material. d. Other such programs or improvements intended to enhance transportation choice and promote transit and non-automotive transport for the City of Portland. F. Annual Sustainable Transportation Plan and appropriations schedule. Annually, the City Manager shall submit to the City Council a recommended sustainable transportation plan and appropriations schedule, utilizing the revenues of the Sustainable Transportation Fund. The Transportation Committee of the City Council or such other committee as the council shall designate shall recommend and refer the plan and appropriations schedule to the City Council for action. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 18-17 Page 880 SIGNS 2019 SIGNS 19.2. DEFINITIONS 19.1 PURPOSE Sign. A structure, device, figure, display, message This article has been adopted to ensure that all placard, or other contrivance, or any part thereof, signs installed in the city are compatible with the situated outdoors or indoors, which is designed, unique character and environment of the constructed, intended, or used to advertise, provide community through a comprehensive system of information in the nature of advertising, provide reasonable, effective, consistent, content-neutral, historical, cultural, archeological, ideological, and nondiscriminatory sign standards and political, religious, or social information, or direct or requirements. More specifically, this article is attract attention to an object, person, institution, intended to: business, product, service, message, event, or A. Ensure that all signs are compatible with the location by any means, including words, letters, unique character and environment of the City figures, designs, symbols, fixtures, colors, or of Portland, and that they support the desired illumination. urban design and development patterns of the various zones, overlay zones, and historic areas Sign, animated. Flashing, blinking, reflecting, within the city. revolving, or other similar sign with visibly moving B. Balance public and private objectives by or rotating parts or visible mechanical movement of allowing adequate avenues for both any kind. commercial and non-commercial messages. C. Improve pedestrian and traffic safety by Sign, awning. Any sign that is part of or attached to promoting the free flow of traffic and the an awning, canopy, or other fabric, plastic, or protection of pedestrians and motorists from structural protective cover over a door, entrance, injury and property damage caused by, or window, storefront, or outdoor service area. which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage. Sign, A-Frame. A pedestrian-oriented self- D. Prevent property damage, personal injury, and supporting sign that is not permanently affixed to a litter caused by signs that are improperly structure or the ground. constructed or poorly maintained. E. Protect property values, the local economy, Sign, bandit. Any advertising sign that is placed on and quality of life by preserving and enhancing public property or on private property without the the appearance of the streetscape. consent of the property owner or as authorized in F. Provide consistent sign design standards that this article. enable the fair and consistent enforcement of these sign regulations. Sign, blade. A permanent, pedestrian-scaled sign mounted either to the wall of building by means of a bracket or attached to the underside of a lintel, arch, or other overhead structure above a porch or FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-1 Page 881 SIGNS walkway and which is typically hung perpendicular without altering the face or surface of the sign. For to the wall of the building. the purposes of this article, a sign whose message changes more than eight times per day is Sign, building identification. A sign consisting of considered an animated sign and not a changeable letters or numbers applied to a building wall, copy sign. engraved into the building material, or consisting of a sculptural relief which contains the name of the Sign, directional. A sign erected to inform the building or describes its function, but which does viewer of the approximate route, direction, or not advertise any individual tenant of the building or location of a facility or use. any products or services offered. Sign, direct illumination. Illumination resulting Sign, building-mounted. Sign attached to, from light emitted directly from a light bulb or light connected to, erected against the wall, parapet, or fixture, and not light diffused through translucent fascia of a building or structure. signs or reflected from other surfaces such as the ground or building face. Sign, bus shelter. As specified in 23 M.R.S.A. §1908- A, any outdoor sign visible to the traveling public Sign, directory. A permanent sign which provides from public right-of-way that is affixed to a publicly- information in a list, roster, or directory format. owned bus shelter operated by a transit agency. Sign, Electronic Message. A sign or portion of a Sign, cabinet. A permanent building-mounted or sign that utilizes computer-generated messages or freestanding sign with its text and/or logo symbols some other electronic means of changing its and artwork on a translucent face panel that is characters, letters, numbers, illustrations, display, mounted within a metal frame or cabinet either that color, and/or light intensity, including animated contains the lighting fixtures which illuminate the graphics and video, by electronic or automatic sign face from behind. means. An Electronic Message Sign is not a Single- or Two-Color LED Sign. Sign, canopy. A sign that is printed, painted, or affixed to a canopy, typically used to accent building Sign, externally-illuminated. A sign whose entries. illumination is reflected from its source by the sign surface to the viewer's eye, the source of light not Sign, center identification. A sign identifying the being visible to the viewer. name of a building, office park, or shopping center only. Sign, feather banner. A temporary sign that is taller than it is wide and made of a flexible material Sign, changeable copy. A sign that is designed so (typically cloth, nylon, or vinyl) and mounted to a that characters, letters, numbers, or illustrations can pole to fly freely. be manually or mechanically changed or rearranged 19-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 882 SIGNS Sign, freestanding. A permanent sign that is Sign, monument. A permanent freestanding sign erected or mounted on its own self-supporting with a solid base that is at least 60% the width of permanent structure or base detached from any the sign face. supporting elements of a building. Sign, off-premise. Any sign that directs attention to Sign, fuel pump topper. A temporary sign affixed a business, commodity, service, entertainment, to the top of an operable fuel dispensing pump used product, structure, use, or property different from a to advertise goods offered for sale on the same structure or use existing on the property where the parcel on which the fuel pump is located. sign is located, and/or any sign on which space is rented, donated, or sold by the owner of said sign Sign, incidental. A sign which provides incidental or property for the purpose of conveying a information, including security, credit card message. acceptance, business hours, open/closed, directions to services and facilities, or menus. Sign, permanent. A sign constructed of durable materials and intended to exist for the duration of Sign, individual letter. A cut-out or etched letter or time that the use or occupant is located on the logo which is individually mounted on a building wall premises. or freestanding sign. Sign, pole. An elevated permanent sign typically Sign, internally illuminated. Any sign in which the supported by one or two poles, posts, or columns source of light is entirely enclosed within the sign that do not meet the base width requirements for a and not directly visible. monument sign. Sign, landmark. A permanent sign indicating Sign, projecting. A permanent sign that is attached individual historic landmarks, local historic districts, to and extends perpendicular from a building from or otherwise determined by the City to have the wall. attained a high degree of community, cultural, aesthetic, or historic significance. Sign, service island canopy. A permanent sign mounted on or under a service island canopy, Sign, logo. A stylized group of letters, words, including on a fascia. numbers, or symbols used to represent and distinguish a business, product, or organization. Sign, single-color or two-color LED. A permanent or temporary sign or portion of a sign composed of Sign, marquee. A permanent sign structure placed single-color or two-color LEDs that displays static or over the entrance to a building and typically used changeable sign messages using characters, letters, for a theater or other entertainment use. and numbers only. Examples of these signs include, but are not limited to, "open" or "closed" signs, time FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-3 Page 883 SIGNS and temperature" signs, or signs indicating the Sign, Yard, Type III. A temporary large sign number of available spaces in a parking garage. mounted on two posts installed securely in the ground. Sign, temporary. A sign constructed of paper, cloth, or similar expendable material, which is Sign copy. Any graphic, word, numeral, symbol, intended for a definite and limited period of display insignia, text, sample, model, device, or combination and which is designed to be moved easily and is not thereof that is primarily intended to advertise, permanently affixed to a structure, sign area, or identify, or notify. window. Sign face. The exterior surface of a sign, exclusive Sign, wall. A permanent sign affixed to or erected of structural supports, on which is placed the sign against the wall or fascia of a building or structure, copy. with the exposed face of the sign parallel to the plane of wall or fascia to which it is affixed or Sign substructure. The supports, uprights, bracing erected. and/or framework of a sign. Sign, wall banner. A temporary sign constructed of 19.9119.2 APPLICABILITY cloth, bunting, plastic, paper, or similar non-rigid 19.2.1 Applicability material, and securely attached to the wall or This article applies to all permanent and temporary support structure for which it is advertising. Flags signs within the city unless specifically exempted. are not considered temporary wall banners. A. The provisions of this article shall be applied in a content-neutral manner. Non-communicative Sign, window. A permanent or temporary sign aspects of all signs, not related to the content posted, painted, placed, or affixed in or on a of the sign, must comply with the provisions of window, or otherwise exposed to public view this article. “Non-communicative aspects” through a window. include the time, place, manner, location, size, height, illumination, spacing, and orientation of Sign, Yard, Type I. A small temporary sign typically signs. constructed of corrugated plastic and supported on B. Nothing in this article shall be construed to a wire frame used, for example, for advertising by prohibit a person from holding a sign while local businesses or by election campaigns. picketing or protesting on public property. Sign, Yard, Type II. A temporary sign mounted on a 19.2.2 Substitutions and interpretations single post installed securely in the ground with a This article is not intended to, and does not, restrict small sign hanging from a cross-bar mounted speech on the basis of its content, viewpoint, or parallel to the ground. message. No part of this article shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be 19-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 884 SIGNS substituted for any commercial or non-commercial 5. Signs directing the public to points of message displayed on a sign without the need for interest. any approval or permit from the City, provided that 6. Signs showing the location of public the sign is otherwise permissible under this article. facilities. To the extent any provision of this subsection is 7. Signs subject to the provisions of 23 M.R.S. ambiguous, the term will be interpreted not to § 1913-A. regulate on the basis of the content of the message. D. Historic plaques and commemorative signs erected and maintained by non-profit 19.2.3 Exemptions organizations, building cornerstones, and date- The following signs are not regulated under this constructed stones not exceeding four square article and are not subject to the permitting feet in area. requirements of Section 20.419.3: E. Non-illuminated incidental signs which provide A. Numerals and letters identifying an address information including, but not limited to, credit from the street to facilitate emergency card acceptance, business hours, open/closed, response compliant with City requirements. no soliciting, directions to services and B. Building identification signs not exceeding two facilities, or menus, provided these signs do not square feet in area for residential buildings and exceed an aggregate of two square feet in sign four square feet in area for nonresidential and area in the Residential Sign District and six mixed-use buildings. square feet in sign area in all other sign C. Any sign, posting, notice, or similar signs placed, districts. installed, or required by law by a city, county, or F. Landmark signs. a federal or state governmental agency in G. Signs posted on a community bulletin board, carrying out its responsibility to protect the not to exceed 11 inches by 17 inches. public health, safety, and welfare, including the H. Signs not readable from the public right-of-way, following: such as: 1. Emergency and warning signs necessary to Signs or displays located entirely inside of a warn of dangerous and hazardous building and not visible from the building’s conditions and that serve to aid public exterior. safety or civil defense. 1. Signs intended to be readable from within 2. Numerals and letters identifying an address a parking area but not readable beyond the from the street to facilitate emergency boundaries of the lot or parcel upon which response and compliant with City they are located or from any public right- requirements. of-way. 3. Traffic signs and signs at bus stops and in 2. Signs located within City recreation bus shelters. facilities. 4. Signs required to be displayed by any 3. Signs that are an integral part of an applicable federal, state, or local law, allowed vending machine or similar facility regulation, or ordinance. located outside of a business. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-5 Page 885 SIGNS I. Temporary signs placed within the public right- to the requirements of this article. If the of-way, subject to the provisions of 23 M.R.S.A. sign permit application is denied, the §1913-A. reason shall be stated in writing. J. Works of art that do not include sign copy or where sign copy is limited to no more than 10% TABLE 20-A: REVIEW AUTHORITY of the total area of the artwork and the Application Building Planning Authority – dimensional standards listed in Tables 19-G and Type Authority Historic Preservation 19-P. Sign permit - ⏺ Signs in historic 19.9219.3 REVIEW PROCEDURES districts ⏺ ⏺ 19.3.1 Review Authority Table 2019-A establishes the final review authority for sign-related applications. 19.3.1819.3.3 Permanent sign permits 19.3.2 Applications and fees Sign permit required. A sign permit is required A. Filing of applications. An application for a to erect, install, construct, move, alter, replace, permanent or temporary sign permit must be suspend, display, or maintain (i.e., removal of the submitted to the Building Authority on an sign so that structural elements supporting the application form or in accordance with the sign may be maintained) any permanent sign, application specifications published by the unless otherwise specified in this article. Each Building Authority. Each application must be sign and change of copy (i.e., changing of the accompanied by the applicable fee, which shall face or letters on a sign) requires a separate sign be established by the City Council. permit except as allowed in Subsection B. Review and approval 20.719.6.4. Exceptions to the requirement for a 1. Following receipt of a complete sign permit include the exemptions listed in application, the Building Authority shall Subsection 20.319.2.3, as well as building- review all sign permit applications and mounted directional signs, building-mounted supporting documentation for compliance directory signs, and window signs. Refer to with the standards of this article. Section 20.819.7 for permanent sign standards 2. The Building Authority shall either: that apply even when no sign permit is required. a. Issue the sign permit if the sign that is Any sign not authorized pursuant to this article the subject of the application is not allowed. conforms to the requirements of this Assignment of permanent sign permits. A article, and also provided that any current and valid permanent sign permit issued other required permits as determined under this article shall be freely assignable to a by the Building Authority have been successor as owner of the property or obtained, or operator of the premises. The assignment shall b. Deny the sign permit if the sign that is the not require approval by the Building Authority. subject of the application fails to conform 19-6 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 886 SIGNS C. Expiration. A permanent sign permit will expire 19.3.2119.3.5 Appeals and become null and void if the work Appeals of sign permit decisions are within the authorized in compliance with the permit is not jurisdiction of the Zoning Board of Appeals. commenced within 180 days from the date of issuance of the permit, or if work is suspended 19.9319.4 SIGN DISTRICTS or abandoned for a period of 180 days or more ESTABLISHED at any time after the work has commenced. Table 2019-B combines the zones established in Article 5 into sign districts based on similarity of use, 19.3.19 Temporary sign permits building form, and character. For sign standards D. Sign permit required. A temporary sign permit specific to overlay zones, see Article 8. If no sign is required to display a temporary wall banner standards exist within the overlay zone, the sign and an A-frame sign placed in the public standards of the underlying zone shall apply. right-of-way. All other temporary sign types do not require a sign permit. 19.9419.5 GENERAL RESTRICTIONS FOR E. Duration of temporary sign permit. A ALL SIGNS temporary sign permit for a wall banner is 19.5.1 Location restrictions valid for 60 days from the date of issuance. Except where specifically authorized in this article, There are no time limitations for A-frame signs may not be placed in the following locations: signs installed in public right-of-way. A. Public right-of-way. Within, on, or projecting TABLE 19-A: REVIEW AUTHORITY 19.3.2019.3.4 Signs in historic districts Application Building Planning Authority – A. Applicability. The standards established in this Type Authority Historic Preservation subsection shall be applied within historic Sign permit districts in addition to the standards otherwise ⏺ - established in this article. Signs in historic ⏺ ⏺ B. Review. In addition to being subject to the districts other provisions of this article, all permanent over public property, City rights-of-way, or signs proposed in historic districts must be waterways, except signs specifically authorized reviewed for approval by the Planning in this article. Authority in accordance with the sign standards B. Obstructing traffic signals. Any location that included in Subsection 1716.87.6 as detailed in obstructs the view of any authorized traffic the Historic Resources Design Manual. If there sign, signal, or other traffic control device. is a conflict between the standards included in C. Obstructing intersection visibility. At the Article 1716 and the requirements of this article, intersections of streets or streets and the stricter shall apply. driveways where the visual lines of sight for drivers of motor vehicles are obstructed. Signs FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-7 Page 887 SIGNS shall observe corner clearance requirements as posts, fences, ladders, benches, or similar listed in Subsection 7.45.1. supports that are visible from a public way. D. Ingress and egress. Areas allowing for ingress F. Off-premises. Off the premises of the to or egress from any door, window, vent, exit business to which the commercial advertising way, or fire lane required by Chapter 6 of the sign refers, except as provided in Section City of Portland Code of Ordinances or Fire 20.9Table 19-X. Department regulations currently in effect. G. Roof-mounted. Mounted on the roof of a E. Landscape elements or utilities. Tacked, building or structure. painted, burned, cut, pasted, or otherwise affixed to trees, rocks, light and utility poles, TABLE 2019-B: SIGN DISTRICTS ESTABLISHED Sign District Zones Description Residential Sign RRN-1 Residential Neighborhood Zone These zones comprise the vast majority of residential District RRN-2 Residential Neighborhood Zone land in Portland. Signage is limited in these zones, as a RRN-3 Residential Neighborhood Zone variety of sign types could detract from the desired RRN-4 Residential Neighborhood Zone residential character. RRN-5/R-5a Residential Neighborhood Zone RRN-6/R-6a Residential Neighborhood Zone IR-1 Island Residential Zone IR-2 Island Residential Zone IR-3 Island Residential Zone Small Mixed-Use R-P Residence-Professional Zone These zones allow a variety of sign types to achieve a Sign District B-1/B-1b Neighborhood Business Zone diverse, mixed-use character appropriate for B-2b & B-2c2 Community Business Zone neighborhood residential, office, service, and retail IS-FBC UA, UN, and UT Zones uses. I-B Island Business Zone O-P Office Park Zone Large Mixed-Use B-2 Community Business Zone These zones comprise the major commercial centers Sign District B-4 Commercial Corridor Zone in Portland and allow a variety of sign types to EWPZ Eastern Waterfront Port Zone achieve a diverse character appropriate for major office, service, and retail uses. Downtown Sign B-3/B-3b/B-3c Downtown Business Zone The downtown core zones allow a variety of sign District B-5/B-5b Urban Commercial Mixed-Use Zone types to achieve a diverse, mixed-use character B-6 Eastern Waterfront Mixed Zone appropriate for office, service, retail and mixed-uses B-7 Mixed Development Zone in the downtown. WCZ Waterfront Central Zone Industrial and A-B Airport Business Zone These zones allow a number of sign types to achieve Transportation Sign I-L/I-Lb Low-Impact Industrial Zone a character appropriate for industrial manufacturing, District I-H/I-HbM Moderate-Impact Industrial Zone warehousing, and transportation uses. I-M/I-Ma/I-MbH High-Impact Industrial Zone 19-8 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 888 SIGNS TABLE 2019-B: SIGN DISTRICTS ESTABLISHED WPDZ WaterWaterfront Port Development Zone Open Space Sign R-OS-R Recreation and Open Space Zone These zones prohibit most sign types, allowing only District RPZ Resource ProtectionOS-P Open Space those necessary to provide information for primarily Preservation Zone open space and recreation uses. H. Storage containers and receptacles. On fuel G. Any other signs not specifically allowed by the tanks, storage containers, and/or solid waste provisions of this article. receptacles or their enclosures, except for a manufacturer’s or installer’s identification, 19.5.3 Display restrictions appropriate warning signs and placards, and Except as otherwise provided in this article, the information required by law. following display features are prohibited: A. Animated features which rotate, move, or give 19.5.2 Prohibited signs the appearance of moving by mechanical, wind, Except as otherwise provided in this article, the or other means. Barber poles no more than following signs are prohibited: three feet in height and 10 inches in diameter A. Billboards. and clocks are excepted from this restriction. B. Signs that could be confused with any authorized B. Sound, odor, or any particulate matter including traffic signal or device or that interfere with, bubbles, smoke, fog, confetti, or ashes. obstruct, confuse, or mislead traffic. C. Lighting devices with intermittent, flashing, C. Bandit signs. rotating, blinking, or strobe light illumination, D. Signs or other devices that are inflatable or animation, motion picture, or laser or motion affected by the movement of the air or other picture projection, or any lighting effect atmospheric or mechanical means, including creating the illusion of motion, as well as laser inflatable balloons, spinners, strings of flags and or hologram lights. pennants, feather banners, fixed aerial displays, D. Search lights or laser light displays when used streamers, tubes, and inflated characters used as attention-attracting devices. as signs, whether attached to a sign or to E. Strings of lights used in connection with vehicles, structures, poles, trees and other commercial premises, except when used for vegetation, or similar support structures, temporary lighting for decoration, and lights except as allowed in Section 20.919.8. arranged in the shape of a product, arrow, or E. Any sign which advertises a business no longer any commercial message. in existence or a product or service no longer being sold, except for landmark signs. F. Any temporary sign, other than those signs allowed pursuant to Section 20.919.8. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-9 Page 889 SIGNS 19.9519.6 GENERAL REQUIREMENTS FOR ALL SIGNS 19.6.1 Sign measurement Sign area and height shall be measured as described in Tables 2019-C and 2019-D. 19.6.2 Computation of the number of signs When determining the number of signs, a single sign shall be considered either enclosed within a single frame or composed of modular parts with identical frame elements designed to be joined together to form a single composite sign. 19-10 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 890 SIGNS TABLE 2019-C: SIGN AREA MEASUREMENT Signs on Sign copy mounted, affixed, or painted on a background background panel or surface distinctively panel painted, textured, or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangle(s) that will enclose both the sign copy and the background. Signs as Sign copy mounted as individual letters or individual graphics against a building surface that has letters not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the sign. Signs on Sign copy mounted, affixed, or painted on illuminated an illuminated surface or illuminated surface element of a building or structure, is measured as the entire illuminated surface or illuminated element, which contains sign copy. Such elements may include lit canopy fascia signs, and/or interior lit awnings. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-11 Page 891 SIGNS TABLE 2019-C (CONT.): SIGN AREA MEASUREMENT Irregular- Sign area for irregular shaped signs is shaped signs determined by dividing the sign into squares, rectangles, triangles, circles, arcs, or other shapes the area of which is easily calculated. Multi-face signs For two-face signs, if the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is determined by the measurement of one sign face only. If the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces. For three- or four-face signs, the sign area is 50 percent of the sum of the areas of all sign faces. Spherical, free- Spherical, free-form, or sculptural signs are form, or measured as 50% of the sum of the areas of sculptural signs the four vertical sides of the smallest four- sided polyhedron that will encompass the sign structure. Signs with greater than four polyhedron faces are prohibited. Note: Numerals and letters used to identify an address are not included in the determination of sign area. 19-12 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 892 SIGNS TABLE 2019-D: SIGN HEIGHT MEASUREMENT Building- The height of signs mounted on a building is mounted signs the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure. Freestanding Sign height is measured as the vertical signs distance from the finished grade at the base of a sign to the top of the sign exclusive of any filling, berming, mounding, or landscaping solely for the purpose of locating the sign and excluding decorative embellishments as permitted in Section 20.819.7. 19.6.3 Sign illumination b. The sign’s illumination interferes with A. Sign illumination by sign district the visibility of other signs or with the 1. Table 2019-E identifies the type of perception of objects or buildings in illumination permitted () or not the vicinity of the sign. permitted ( ) by sign district. All allowed c. It directs glare toward streets or permanent signs may also be non- motorists. illuminated. All permanent signs for single- d. It adversely impacts nearby residents family residences or duplexes and all or neighborhoods. temporary signs must be non-illuminated. e. The illumination reduces the night 2. The illumination level of a sign must be time readability of the sign. reduced if the Building Authority B. Internal illumination. To minimize glare, determines the light output to be internally-illuminated signs must either be excessive. The Building Authority shall use constructed with an opaque background and the following criteria to determine if the translucent text and symbols, or with a colored illumination is excessive: background. Backgrounds must not be white, a. The amount of illumination is off-white, light gray, cream, or yellow. substantially greater than the illumination level of other nearby signs. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-13 Page 893 SIGNS TABLE 2019-E: SIGN ILLUMINATION BY SIGN DISTRICT Sign District Name Type of Illumination Internal Internal (Cabinet (Individual Single or Electronic or Halo Letters Two-Color Message External Direct Sign) /Logo) Neon LED Signs Residential Sign District -- 1 -- 1 -- 1 Small Mixed-Use Sign District   2  3    Large Mixed-Use Sign District        Downtown Sign District       Industrial and Transportation        4 Sign District Open Space Sign District  1 Allowed for institutional uses only. 2 Only allowed in B-1/, B-1b, B-2b/B-2c2, IS-FBC, and I-B zones. 3 Only allowed in B-2b, B2-c,2 and OP zones. 4 Only allowed in I-L, I-Lb, I-M, I-Ma, I-Mb, I-H, and I-HbH zones. C. External illumination 1. Externally-illuminated signs must be illuminated only with steady, stationary, fully-shielded light sources directed solely onto the sign without causing glare. 2. The light source for externally-illuminated signs must be arranged and shielded to substantially confine all direct light rays to the sign face and away from streets and adjacent properties as illustrated in Figure 2019-A. FIGURE 20-A: EXTERNAL ILLUMINATION D. Direct illumination. All direct illumination must be turned off daily at the close of business or 10 p.m., whichever occurs last. E. Neon. Exposed neon sign lighting must be turned off daily at the close of business or 10 p.m., whichever occurs last. F. Single-color or two-color LED signs. 19-14 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 894 SIGNS 1. Single or two-color LED signs are exempt 5. Electronic message signs must be turned from the sign area limitations for window off daily at the close of business or 10 p.m., signs and building-mounted signs. whichever occurs first. 2. Single or two-color LED signs must be turned off daily at the close of business or 19.6.4 Changeable sign copy 10 p.m., whichever occurs last. Changeable sign copy must comply with the G. Electronic Message Signs following standards: 1. One electronic message sign is allowed per A. Maximum area. The maximum area of lot. changeable sign copy shall be limited to 50% of 2. Electronic message signs must not flash, the total sign area, except for marquee signs. blink, flutter, include intermittent or This does not apply to any signs required by law. chasing lights, or display video messages B. Sign design. The changeable sign copy must be (i.e., any illumination or message that is in an integral part of a permanent building- motion or appears to be in motion). mounted or freestanding sign. Electronic message signs may display C. Illumination. Changeable sign copy may be changing messages provided that each non-illuminated or internally-illuminated. message is displayed for no less than 30 seconds. 19.6.5 Structure and installation 3. Electronic message signs must be A. Authority. The construction of signs shall be equipped with photocell technology to enforced and administered by the Building control and vary the intensity of light Authority. All signs and advertising structures output depending on the amount of must be designed to comply with the ambient light that is present to prevent provisions of this article and applicable overly bright luminance at night. provisions of Chapter 6 of the City of Portland Automatic controls must limit night Code of Ordinances and constructed to luminance to a maximum of 100 nits when withstand wind loads, dead loads, and lateral the display is set to show maximum forces. brightness in 100 percent full white mode. B. Electrical features. Where electrical service is 4. The applicant shall provide a written provided to freestanding signs or landscape certification from the sign manufacturer wall signs, all such electrical service must be that the night time luminance has been placed be underground and concealed. factory pre-set not to exceed 100 nits as Electrical service to building-mounted signs, described in (3) above, and that this setting including conduit, housings, and wire, must be is protected from end-user modification by concealed or, when necessary, painted to password-protected software or other match the surface of the structure upon which method as deemed appropriate by the they are mounted. An electrical permit shall be Building Authority. issued prior to installation of any new signs requiring electrical service. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-15 Page 895 SIGNS C. Raceway cabinets. Raceway cabinets, as with this article. Maintenance of a sign includes illustrated in Figure 2019-B, shall only be used in periodic cleaning, replacement of flickering, burned building-mounted signs when access to the wall out, or broken light bulbs or fixtures, repair or behind the sign is not feasible, shall not extend replacement of any faded, peeled, cracked, or in width and height beyond the area of the sign, otherwise damaged or broken parts of a sign, and and shall match the color of the building to any other activity necessary to restore the sign so which it is attached. Where a raceway cabinet that it continues to comply with the requirements provides a contrast background to sign copy, and contents of the sign permit issued for its the colored area is counted in the total installation and provisions of this article. allowable sign area allowed for the site or business. A raceway cabinet is not a cabinet sign. 19.9619.7 STANDARDS FOR PERMANENT SIGNS 19.7.1 Permitted sign types by sign district Table 2019-F establishes which sign types are permitted (  ) or not permitted ( ) in each sign district. Any combination of allowed sign types may be used within a given sign district unless specifically FIGURE 20-B: RACEWAY CABINET EXAMPLES prohibited. D. Materials. All permanent signs allowed by this 19.7.2 Permanent building-mounted sign article must be constructed of durable standards materials capable of withstanding continuous The maximum total area for all building-mounted exposure to the elements and must be signs is established in Table 2019-G. The area of all permanently attached to the ground, a building, building-mounted signs is included in the maximum or another structure by direct attachment to a total sign area, except when specifically exempted. rigid wall, frame, or structure. All permanent building-mounted signs shall comply with the corresponding sign type standards 19.6.6 Sign maintenance provided in Tables 2019-H to 2019-Q. All signs must be maintained by any property owner, lessor, lessee, manager, agent, or other person 19.7.3 Permanent freestanding sign standards having lawful possession or control over a building, All permanent freestanding signs shall comply with structure, or parcel of land, in a condition or state the standards of Table 2019-R and the of equivalent quality to which was approved or corresponding sign type standards established in required by the City. All signs together with their Tables 2019-S to 2019-V. Unless specifically supports and appurtenances must be maintained in indicated, standards applicable good structural condition, in compliance with within a sign district apply to single- and multi- applicable provisions of Chapter 6 of the City of tenant buildings. There is no setback requirement Portland Code of Ordinances, and in conformance for permanent freestanding signs, provided that the 19-16 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 896 SIGNS sign is entirely located on the property where the sign is permitted, and the sign is located in compliance with Table 2019-F. TABLE 2019-F: ALLOWED SIGN TYPES BY SIGN DISTRICT Large Small Mixed-Use Residential Mixed-Use Sign Downtown Industrial Open Space Sign Type Sign District 1 Sign District District Sign District Sign District Sign District 2 Awning Sign      2 Canopy Sign     Blade Sign    2 Directional Sign      23 Directory Sign      Marquee Sign   Projecting Sign 2    Service Island Mounted Mounted -    Canopy Sign Wall Sign       Building Window Sign      Freestanding    34   Directional Sign Freestanding 23   34   Directory Sign Monument Sign   45   Freestanding 45 Pole Sign      1 For institutional uses in residential zones, all permanent sign types are allowed except for the following: awning sign, blade sign, canopy sign, marquee sign, pole sign, projecting sign, service island canopy sign; and window sign. 2 Not allowed in the R-P Zone. 23 Not allowed in the RRN-1, R-2, R-4RN-3, IR-1, and IR-2 zones. 34 Not allowed in the B-3 zone. 45 In the B-3 and B-5 zones, freestanding signs are permitted only if the front façade of the building is set back a distance of at least 20 ft. from either of the front facades of abutting buildings. In the case of a multi-tenant building, the individual tenants’ frontage must be set back a distance of at least 20 ft. from other tenant’s frontages. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-17 Page 897 SIGNS TABLE 2019-G: DIMENSIONAL STANDARDS FOR BUILDING-MOUNTED SIGNS BY SIGN DISTRICT Sign District Total Area for All Signs (per tenant or façade) Number of Signs (max.) 1 per lot (either freestanding or building- Single-family lots 2 SF max. mounted) PRUDs, Multi-family lots 10 SF max. 1 per street frontage ential Institutional use in all 1.5 SF per linear foot of building façade where the si d residential zones sign is placed 1 per street frontage, plus 2 additional Re 150 SF max. I-B zone: 1 SF per linear foot of building façade where the sign is placed; Max. 40 SF Use Single-tenant building 1 per street frontage, plus 1 additional - All other zones: 1.5 SF per linear foot of building façade where sign is placed; Max. 100 SF per facade 1.5 SF per linear foot of building façade where the 1 per tenant5,6, plus 1 additional for the Multi-tenant building sign is placed building. Small Mixed 150 SF max. per tenant Single-tenant building 2 SF per linear foot of building façade where the 1 per street frontage, plus 2 additional - sign is placed 200 SF max. per façade 1 Multi-tenant building 1.5 SF per linear foot of tenant façade where the 6 1 per tenant , plus 1 additional for the rge Mixed sign is placed building. La Use 150 SF max. per tenant 2 SF per linear foot of building façade where the Single-tenant building 1 per street frontage, plus 2 additional sign is placed Ground floor 2 SF per linear foot of tenant frontage where the 1 per tenant5, 6 Multi- tenants sign is placed tenant Building ID and 5% of building wall area where sign is placed max. 1 per tenant, plus 2 additional for the building upper floor for all upper floor tenant signs place on a facade. building Downtown tenants 2 SF per linear foot of building façade where sign is Single-tenant building placed 1 per street frontage, plus 2 additional & 250 SF max. 2 SF per linear foot of tenant frontage where the 1 per tenant, plus 2 additional for the Multi-tenant building sign is placed building Industrial Trans. 200 SF max. Commercial signs/facility 1 SF per linear foot of building façade where the 1 per use (either freestanding or signs2, 3 sign is placed building-mounted) Open Space 20 SF max.4 Sign placement The total sign area for signs on single-tenant or multi-tenant buildings may be placed on any building elevation, provided that at least 1 sign must be placed above or associated with the building entry or tenant’s building entry, in the case of a multi-tenant building.on the tenant facade. 19-18 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 898 SIGNS TABLE 2019-G: DIMENSIONAL STANDARDS FOR BUILDING-MOUNTED SIGNS BY SIGN DISTRICT Sign District Total Area for All Signs (per tenant or façade) Number of Signs (max.) 1 Where a building features two principal entry facades facing parallel streets, each entry façade shall be eligible for the full amount of signage relative to its frontage, notwithstanding the total area. 2 Standards do not apply to municipal stadiums with more than 6,000 seats. The standards for the Small Mixed-Use Sign District shall apply instead. 3 Building signs shall be visually related to the building on which they are located in terms of materials, color, scale, etc., as determined by the Building Authority. 4 Product trademarks limited to 5 percent% of total sign area. 5 On the peninsula, each tenant may have two signs, provided that one sign is a blade sign and one sign is placed parallel to the building façade. 6 If a tenant faces additional street frontages, one additional sign is allowed per frontage for that tenant. TABLE 2019-H: STANDARDS FOR AWNING SIGNS Standard Requirements Sign area (max.) 1 SF per linear foot of awning width Mounting height 78 ft. min. from the bottom of the awning to the nearest grade or sidewalk 25 ft. max. Sign placement Must be placed above the doors and windows of the ground floor of a building. Awnings shall not project above, below, or beyond the edges of the face of the building wall or architectural element. Sign width shall not be greater than 60% of the width of the awning face or valance on which it is displayed (if an awning is placed on multiple storefronts, each business is permitted signage no greater than 60% of the width of the storefront). May project into public right-of-way with permit approval. Valance height (max.) 6 in. Horizontal distance from back 2 ft. of curb (min.) Illumination Illumination allowed under the awning. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-19 Page 899 SIGNS TABLE 2019-H: STANDARDS FOR AWNING SIGNS Standard Requirements 19-20 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 900 SIGNS TABLE 2019-I: STANDARDS FOR CANOPY SIGNS Standard Requirements Sign area (max.) 1 SF per linear foot of canopy width Mounting height 8 ft. min. from the bottom of the sign to the nearest grade or sidewalk 20 ft. max. Sign placement Must be placed above the doors and windows of the ground floor of a building. Sign width shall not be greater than 60% of the width of the canopy on which it is displayed (if a canopy is placed on multiple store fronts, each business is permitted signage no greater than 60% of the store width or tenant space). May project into public right-of-way with permit approval. Horizontal distance from back of curb 2 ft. (min.) Illumination Direct illumination or internal illumination FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-21 Page 901 SIGNS TABLE 2019-J: STANDARDS FOR BLADE SIGNS Standard Requirements Sign area (max.) 1216 SF Mounting height 8 ft. min. from the bottom of the sign to the nearest grade or sidewalk Must be mounted perpendicular to the building face or corner of the building. Sign placement If mounted below the underside of a walkway or overhead structure, must not extend beyond the edge of the structure on which it is located. May project into public right-of-way with permit approval. Illumination External illumination 19-22 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 902 SIGNS TABLE 2019-K: STANDARDS FOR DIRECTIONAL SIGNS (BUILDING-MOUNTED) Standard Requirements Sign area (max.) 3 SF per sign face (excluded from the total allowed sign area for all building-mounted signs) Mounting height 6 ft. max. from nearest grade Number of signs (max.) 1 at each drivewayper facade, drive-through lane, or alley, not to exceed 3 signs per lot (excluded from the total number of allowed signs for all building-mounted signs) Illumination Internal illumination FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-23 Page 903 SIGNS TABLE 2019-L: STANDARDS FOR DIRECTORY SIGNS (BUILDING-MOUNTED) Standard Requirements 1 SF per occupant of tenant space and 16 SF total max. (excluded from the total allowed Sign area (max.) sign area for all building-mounted signs) Mounting height 8 ft. max. from nearest grade 1 per primary building entrance (excluded from the total number of allowed signs for all Number of signs (max.) building-mounted signs) Illumination External illumination or internal illumination 19-24 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 904 SIGNS TABLE 2019-M: STANDARDS FOR MARQUEE SIGNS Standard Requirements Sign area (max.) 1 SF to 1 linear foot of marquee width Mounting height 12 ft. min. from the bottom of the marquee to the nearest grade or sidewalk Number of signs (max.) 1 per business Sign placement May project into public right-of-way with permit approval. Horizontal distance from back 2 ft. of curb (min.) Illumination Direct illumination or internal illumination FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-25 Page 905 SIGNS TABLE 2019-N: STANDARDS FOR PROJECTING SIGNS Standard Requirements Sign area (max.) 24 SF As provided in Table 19-G. Mounting height 8 ft. min. from the bottom of the sign to the nearest grade or sidewalk. Sign placement Only on the wall of a building. May project into public right-of-way with permit approval. Number of signs (max.) 1 per business Projection (max.) 4 ft. from the building wall to the outer edge of the sign External illumination, direct illumination, neon, or internal illumination of individual letters Illumination or graphics only. 19-26 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 906 SIGNS TABLE 2019-O: STANDARDS FOR SERVICE ISLAND CANOPY SIGNS Standard Requirements Sign area (max.) 20 SF per sign Number of signs (max.) 1 per canopy façade, not to exceed 2 signs total Illumination Internal illumination FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-27 Page 907 SIGNS TABLE 2019-P: STANDARDS FOR WALL SIGNS Standard Requirements Sign area (max.) As provided in Table 2019-G Number of signs (max.) As provided in Table 2019-G Illumination External illumination, direct illumination, internal illumination, or neon Painted wall signs are allowed on any exterior building wall of an individual tenant space or building. The allowable area for painted wall signs shall be increased by 10% over the normal allowable sign dimensions for the zone. Murals and exterior painting that contain Special provisions sign copy are allowed without a permit provided the sign copy does not compromise more than 10% percent of the total area of the artwork, complies with any applicable requirements of Article 16, and meets the dimensional standards for a wall sign within the applicable sign district, including the maximum number of signs allowed in Table 19-G. 19-28 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 908 SIGNS TABLE 2019-Q: STANDARDS FOR WINDOW SIGNS Standard Requirements Combined area of temporary and permanent window signs must not exceed 50% of the area of the window on which they are displayed. Painted window signs or perforated vinyl signs are Sign area (max.) included in this calculation. Excluded from the total allowed sign area for all building-mounted signs. Must be mounted or displayed on the interior of the window. Sign placement Allowed on 1st and 2nd story windows only. Illumination Neon or single- or two-color LED signs TABLE 2019-R: DIMENSIONAL STANDARDS FOR FREESTANDING SIGNS BY SIGN DISTRICT Sign District Area (max.) Height (max.) Number of Signs 1 per lot (freestanding or Single-family lots 2 SF 5 ft. building-mounted) PRUDs, Multi-family lots 15 SF 5 ft. 1 per major vehicular entrance Institut- Street frontage ≤ 100 ft. 15 SF 6 ft. 1 per frontage1, 2 ional Street frontage 100 – 250 ft. 25 SF 8 ft. 1 per frontage1, 2 Residential Street frontage ≥ 250 ft. 50 SF 8 ft. 1 per frontage1, 2 - Single-tenant building 32 SF B-1/B-1b, B-2b/B-2c < 1 acre lot 32 SF 1 per lot1 Multi-tenant building zones: 16 ft. Small Mixed 1 – 2.5 acre lot 100 SF FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-29 Page 909 SIGNS TABLE 2019-R: DIMENSIONAL STANDARDS FOR FREESTANDING SIGNS BY SIGN DISTRICT In all other zones: > 2.5 acre lot 140 SF 8 ft. I-B Zone3 20 SF 10 ft. 1 per use OP zone Center identification sign 50 SF 8 ft. 1 per major vehicular entrance Tenant sign 15 SF 5 ft. 1 per tenant2 Single- Street frontage ≤ 200 ft. 65 SF B-4 zone: 25 ft. 1 Use tenant In all other zones: 1 per lot - Street frontage > 200 ft. 100 SF building 18 ft. Multi- < 1 acre lot 65 SF B-4 zone: 25 ft. tenant 1 - 2.5 acre lot 100 SF In all other zones: 1 per lot1 Large Mixed building > 2.5 acre lot 140 SF 18 ft. Downtown 16 SF 6 ft. 1 per frontage1 1 Single-tenant building 35 SF 10 ft. 1 per lot Multi-tenant building 70100 SF 1518 ft. 1 per lot1 Street frontage ≤ 200 Single- 32 SF 16 ft. 1 per lot1 ft. tenant AB Street frontage > 200 building 65 SF 16 ft. 1 per lot1 zone ft. rial & Transportation Multi- < 1 acre 32 SF tenant 1 - 2.5 acres 100 SF 16 ft. 1 per lot1 Indust building ≥ 2.5 acres 140 SF 1 per major vehicularpark Park identification signs5 2030 SF 510 ft. entrance 4 1 per use (building-mounted or All other signs5 16 SF6 8 ft. Open Space freestanding) 1 Lots with multiple street frontages are allowed one freestanding sign for each frontage, provided that the signs are not concurrently visible from the public right-of-way. 2 Where a lot contains more than one affiliated use or tenant, uses and tenants may be allocated space on a shared sign. Individual uses or tenants are not allowed to have individual freestanding signs. 3 Only allowed for marine-related uses serving vessel traffic. 4 Standards do not apply to municipal stadiums with more than 6,000 seats. The standards for the Small Mixed-Use Sign District shall apply instead. 5 All signs must be integrated into existing landscape features or visually related to the materials, colors, scale, etc. of existing buildings as determined by the Building Authority. 6 Product trademarks limited to 5% of total sign area. TABLE 2019-S: STANDARDS FOR DIRECTIONAL SIGNS (FREESTANDING) 1 Standard Requirements Sign area (max.) 3 SF per sign face (excluded from the total allowed sign area for all freestanding signs) Height (max.) 6 ft. from nearest grade, except 4 ft. at driveway or drive-through lanes 1 at each driveway or drive-through lane, not to exceed 3 signs per lot (excluded from the Number of signs (max.) total number of allowed signs for all freestanding signs) Illumination Internal illumination 19-30 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 910 SIGNS Table 20-T: Standards for Directory Signs (Freestanding)1.The maximum sign area and height standards may be further limited by the standards established in Table 19-R. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-31 Page 911 SIGNS TABLE 19-T: STANDARDS FOR DIRECTORY SIGNS (FREESTANDING)1 Standard Requirements 12 SF total Sign area (max.) 1 SF max. per occupant or tenant space (excluded from the total allowed sign area for all freestanding signs) Height (max.) 6 ft. from nearest grade, except 4 ft. at driveway or drive-through lanes 1 per building (excluded from the total number of allowed signs for all freestanding Number of signs (max.) signs) Illumination External illumination or internal illumination Table 20-U: Standards for Monument Signs11 The maximum sign area and height standards may be further limited by the standards established in Table 19-R. 19-32 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 912 SIGNS TABLE 19-U: STANDARDS FOR MONUMENT SIGNS1 Sign District Standard Residential Small Mixed- Large Mixed- Sign Use Sign Use Sign Downtown Industrial Open Space District2 District District Sign District Sign District Sign District Sign area (max.) 50 SF 50 SF 140 SF 50 SF 70100 SF 20 SF Height (max.) 8 ft. 8 ft. 18 ft. 6 ft. 1618 ft. 5 ft. Base width (maxmin.) The base of a monument sign must be at least 60% of the width of the sign. Non-illuminated, internal illumination, or external illumination Illumination Electronic message signs are allowed as a form of illumination where permitted in Table 19-E. Special provisions Elements to enhance the design of a sign structure may extend above the sign to a max. of 20% of for sign height the sign’s allowed height, or 12 inches, whichever is greater. 1 The maximum sign area and sign height standards may be further limited by the standards established in Table 2019-R. If no value is included in the table belowabove, then a monument sign is not allowed in that sign district 2 Allowed for institutional uses in residential zones only. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-33 Page 913 SIGNS TABLE 2019-V: STANDARDS FOR POLE SIGNS1 Sign District Standard Small Large Industrial Residential Mixed-Use Mixed-Use Downtown Sign Open Space Sign District Sign District Sign District Sign District District Sign District Sign area 15 SF-- 24 SF 24 SF 2418 SF 24 SF 20 SF (max.) Signs ≤ 8 ft. High Height (max.) 5 ft.-- 8 ft. 8 ft. 6 ft. 8 ft. 8 ft. Sign area -- 140 SF 140 SF 140 SF (max.) Signs 8 - 25 ft. high Height (max.) -- 16 ft. 25 ft. 16 ft. Non-illuminated or internal illumination Illumination Signs ≤ 8 ft. in height may have external illumination Electronic message signs are allowed as a form of illumination where permitted in Table 19-E. Signs ≥ 8 ft. in height must have minimum 75 foot separation from other pole signs ≥ 8 ft. on the Sign placement same side of the street. Elements to enhance the design of a sign structure ≤ 8 ft. in height may extend above the sign to a Sign height max. of 20% of the sign’s allowed height, or 12 inches, whichever is greater. 1 The maximum sign area and sign height standards may be further limited by the standards established in Table 2019-R. 19-34 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 914 SIGNS 19.9719.8 STANDARDS FOR B. Duration of temporary sign permit. A TEMPORARY SIGNS temporary sign permit for a wall banner is valid 19.8.1 In general for 60 days from the date of issuance. There Temporary signs are allowed only in compliance are no time limitations for A-frame signs with the provisions of this section. installed in public right-of-way. A. Information required for display. All temporary signs are required to display the 19.8.219.8.3 Additional standards for name and address of the entity placing the sign, temporary signs and the date the sign was erected. All temporary signs shall comply with the standards B. Not included in permanent sign allowances. of Tables 2019-W and 2019-X. Temporary signs are not counted toward the maximum total sign area established in Section 20.819.7. C. General time, place, and manner restrictions. Unless specifically exempted by this section, temporary signs must be placed in compliance with Subsection 20.619.5.1. Temporary signs must not be placed to create a hazard for pedestrian or vehicular traffic and must allow for a 4four-foot wide sidewalk to comply with the Americans with Disabilities Act. D. Any form of illumination, including flashing, blinking, or rotating lights; animation; reflective materials; and attachments such as balloons, ribbons, and loudspeakers are prohibited. E. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, and other exterior elements. 19.8.2 Temporary sign permits A. Sign permit required. A temporary sign permit is required to display a temporary wall banner sign and an A-frame sign placed in the public right-of-way. All other temporary sign types do not require a sign permit. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-35 Page 915 SIGNS . TABLE 2019-W: TEMPORARY SIGN STANDARDS BY SIGN DISTRICT Standard Requirement Total area of all temporary signs at 16 SF per lot. any one time (max.) Number of signs Unlimited except that the total sign area must not exceed 16 SF (max.) Residential Time limit (max.) None 24 SF per banner Total area (max.) Where multiple building-mounted banners are proposed, the total cumulative area of all banners shall not exceed 72 SF per facade. Time limit (max.) Temporary banners may be placed on a construction site until construction is complete. Construction 24 SF per tenant, with a total of max. 72 SF per lot (excludes the area of temporary window Total area of all signs and permitted wall banner signs) temporary signs at any one time (max.) Exception: In the Downtown Sign District and historic districts, max. 12 SF per tenant (excludes the area of temporary window signs and permitted wall banner signs) 1 wall banner per tenant in a multi-tenant building. All other temporary sign types unlimited, except that the total sign area of all temporary Number of signs signs (excludes the area of temporary window signs and permitted wall banner signs) must (max.) not exceed the total square footage provided above. Exception: In multi-tenant shopping centers or offices, max. 2 temporary wall banner signs per 150 linear feet of property frontage, not to exceed 24 SF combined. 60 days per temporary sign permit per Subsection 19.8.2, and up to 180 days per calendar Time limit (max.) Other year. 19-36 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 916 SIGNS TABLE 2019-X: STANDARDS FOR TEMPORARY SIGN TYPES Standard Temporary Sign Width Area Type1 Height (max.) (max.) Other Requirements Prohibited in residential zones. except for institutional uses.. Must not be placed in public right-of-way except as permitted by the Min. 30 in. 2 ft. 8 SF City. 3 Max. 4 ft. If advertising a business, only permitted during regular business hours. A-frame or upright sign2 Prohibited in residential zones except for institutional uses. Must be mounted on a building wall or on T-posts or stakes installed Wall banner 32 SF ≤ 6” from a wall on which the wall banner will be hung. Mounting height (max.): 25 ft. to top of banner. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-37 Page 917 SIGNS TABLE 2019-X (CONT.): STANDARDS FOR TEMPORARY SIGN TYPES Standard Temporary Sign Height Width Area Type1 (max.) (max.) (max.) Other Requirements Mounting height (max.): Placed no higher than second story See End windows. Inside mounting required. Window sign Note4 Not included in the total sign area for all temporary signs. Yard sign 4 ft. 2 ft. 3 SF Installation requirements: Installed securely in the ground. (Type I) Yard sign 6 ft. 2 ft. 4 SF Installation requirements: Installed securely in the ground. (Type II) Yard sign 6 ft. 8 ft. 32 SF Installation requirements: Installed securely in the ground. (Type III) 19-38 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 918 SIGNS 1 Other temporary sign types may be allowed (e.g. fuel pump topper signs; wrap around waste receptacles) provided the max. area limitation for all temporary signs is not exceeded. 2 These signs may be used to identify businesses located down a wharf in the EWPZ and WCZ Zones that have no street frontage and where no other options for on-site permanent signage are available. 3 A min. 4-foot wide pedestrian walkway must be maintained at all times. 4 The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 50% of the area of the window on or within which they are displayed. 19.9819.9 NONCONFORMING operational in any residential zone may SIGNS continue to be used subject to this section. 19.9.1 Applicability Maintenance. Nonconforming signs may be 19.9.2 Removal or replacement of a maintained, expanded upon, and/or reduced only in nonconforming sign accordance with the provisions of this section. Lawfully nonconforming signs must be made to F. Continuation. All lawfully nonconforming conform or shall be removed if any of the following signs may be continued, subject to this occurs, unless the improvements are required to section. achieve compliance with applicable federal, state, or 6. Lawfully nonconforming permanent local regulations, other than the provisions of this directional signs for existing article, and the improvements do not require nonconforming businesses that are replacement of the nonconforming sign. In no event established and operational in any will the degree of nonconformity of any sign or type residential zone may continue to be used of signage on any lot be increased. subject to this section. A. Major site plan review. Major site plan review 7. Lawfully nonconforming permanent signs is sought for any new structures or building for nonconforming uses established and additions on the site, except as provided in (E) below. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-39 Page 919 SIGNS B. New building permit for rehabilitation. A awning covering with substantially the same building permit is sought for a rehabilitation of material and text is not considered a a building where the value of the rehabilitation modification. exceeds 50% of the assessed value of the E. Signs on multi-tenant properties. building, or $100,000, whichever is less, 1. In the case of nonconforming freestanding provided that where rehabilitation is of a multi- shared signs for multi-tenant properties, tenant building, only the tenant or tenants signs may be added or modified to reflect whose building or area is being rehabilitated a change in individual tenants without shall be required to come into conformance triggering the terms of this subsection, with this article. provided that the degree of C. New sign permit. An application is filed for a nonconformity is not increased. new sign permit in accordance with the 2. In the case of building signs on multi- following: tenant properties, this subsection shall 1. When an application is filed for a new apply only to the individual business tenant building-mounted sign, all building- that is adding or modifying a sign or mounted signs on the lot must come into seeking major site plan review and shall not compliance with all requirements of this trigger the conformance requirement for article for building signs. including Table other tenants’ building signs. 19-G for building signs. F. Abandoned or vacant site. Removal of a 2. When an application is filed for a new nonconforming sign, or replacement of a freestanding sign, all freestanding signs on nonconforming sign with a conforming sign, is the lot must come into compliance with all required when the use of the sign and/or the requirements of this article for property on which the sign is located has been freestanding signs. including Table 19-R for abandoned, ceased operations, become vacant, freestanding signs. or been unoccupied for a period of 180 D. Modification of sign. A sign is modified in any consecutive days or more, as long as the period way, except for routine maintenance or repair of non-use is attributable at least in part to the of sudden and accidental damage, or for a property owner, tenant, or other person or change in the message panel only, unless entity in control of the use. For purposes of otherwise required to conform under this this sectionsubsection, rental payments or subsection. Repair of sudden and accidental lease payments and taxes are not considered as damage will not include replacement of the a continued use. In the event this should occur, entire sign, which is treated as a modification such conditions will be considered as evidence under this subsection. Letters on of abandonment, requiring removal of such nonconforming signs designed for changeable sign by the owner of the property, his or messages may be changed without triggering hertheir agent, or person having the beneficial the terms of this subsection as long as no other use of the property, building, or structure upon change is made to the sign. Replacement of an which such sign or sign structure is erected 19-40 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 920 SIGNS within 30 days after written notification from 19.9.419.9.3 Nonconforming signs in the PlanningBuilding Authority. If such sign(s) is residential zones (are) not removed within the 180-day period, A. Lawfully-existing permanent signs for lawfully enforcement action will be pursued consistent existing nonconforming uses in any residential with Section 20.1119.10. zone may continue to be used. B. If an application is filed for new or replacement 19.9.3 Permanent directional signs in residential building-mounted sign(s) for a lawfully-existing zones nonconforming use located in a residential G. A lawfully existing business located in a zone, the building-mounted sign(s) must either residential zone is allowed an off-premise sign be the same size and number as the lawfully in the public right-of-way if it meets the existing building-mounted sign(s), or must following requirements: comply with the standards established for the 8. The business is not a home occupation. Small Mixed-Use Sign District in Table 2019-G, 9. The business is not located within 500 feet whichever is less. Sign types shall be limited to of a major or minor arterial. blade, directory, wall, and window signs. 10. The off-premise sign will be no larger than Illumination shall be limited to external 12 inches by 48 inches and complies with illumination only. the requirements established in the C. If an application is filed for replacement MDOT/MUTCD Standard Sign Manual. freestanding sign(s) for a lawfully-existing H. Such lawfully existing retail business may nonconforming use located in a residential qualify for one two-sided or two one-sided zone, the freestanding sign(s) must be the off-premise signs that must be located same size and number as the lawfully existing within the public right-of-way of a major or freestanding signs, or must comply with the minor arterial in a location determined standards established for the Small Mixed-Use safe by the City Traffic Engineer and upon Sign District in Table 2019-R, whichever is less. the payment of an initial fee of $300, with No new freestanding signs for a nonconforming an annual renewal fee of $30. use in a residential zone shall be permitted. I. In the event the sign is damaged or Illumination shall be limited to external destroyed, the replacement of the sign illumination only. shall be the sole responsibility of the permittee. The permittee shall be required 19.9919.10 ENFORCEMENT to obtain a permit for the replacement 19.10.1 Authority sign from the Planning Authority, after The requirements of this article shall be enforced by securing $400,000 insurance and naming the Building Authority as stated in Article 1. The the City of Portland as an additional Building Authority has the authority to order the insured. repair, maintenance, or removal of any sign or sign structure that has become dilapidated or represents a hazard to public health, safety, or welfare. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 19-41 Page 921 SIGNS 19.10.2 Violations A. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain, or use a sign within the City contrary to, or in violation of, any provision of this article. Any work commenced without a sign permit, or beyond the authorized scope of a sign permit constitutes a violation of this article and is grounds for the Building Authority to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained. B. Permits issued for work commenced without a sign permit, or any work beyond the authorized scope of a sign permit shall be assessed double the required permit fees for the sign(s). C. Failure to perform any act required by this article, failure to obtain any permit required, or the performance of any act prohibited by this article constitutes a violation and is subject to penalties as set forth in 30-A M.R.S. §4452. D. Each day on which a violation exists will constitute a separate violation for purposes of this section. 19-42 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 922 PUBLIC ART PROGRAM 2120 PUBLIC ART PROGRAM G. Enhance Portland's growing reputation as a city which celebrates the arts. 2120.1 ESTABLISHMENT H. Celebrate the multi-cultural and diverse It shall henceforth be the policy of the City to character of Portland's communities with provide on an annual basis regular funding for the place-specific art. preservation, restoration, and enhancement of its I. Encourage collaboration between artists, public art collection. This article and the funding landscape architects, urban planners, contemplated are in recognition of the fact that architects, engineers, and other designers. only by instituting a steady stream of funding for this effort and standing by that commitment, will 2120.3 DEFINITIONSAPPLICABILITY the City over time be able to fulfill its role as A. Art work. For the purposes of the Public Art steward of its public art collection and help nurture Program, art work shall include the following: and enrich thereby the quality of life in this city. 1. Sculpture, statues, or monuments in any material or combination of materials. 2120.2 PURPOSE 2. Painting. The purpose of this article is to promote the 3. Graphic arts, printmaking, and drawing. educational, cultural, economic, and general welfare 4. Photography. of the City of Portland by providing the means to 5. Crafts in clay, fiber and textiles, wood, fund the acquisition and care of art works by the metal, plastics, glass, and other materials. City of Portland, which shall be the City's public art 6. Mixed media, any combination of forms or collection. The Public Art Program seeks to: media, including collage. A. Care for and maintain the public art collection 7. Functional art such as street furniture, as of the City of Portland by documenting, described in the Guidelines for the Public preserving, restoring, and repairing the Art Ordinance. collection. 8. Environmental art consisting of landforms B. Commission or acquire works of public art, and and artistic landscape composition. to seek donations of art work for the City’s B. The following shall not be considered public art public art collection. for the purposes of the Public Art Program: C. Provide curatorial expertise and project 1. Reproductions by mechanical or other management for the care of Portland's public means of original works of art, except for art collection. limited editions, controlled by the artist, of D. Enhance and enrich the lives of the city's original prints, cast sculptures, residents, visitors, and employees by photographs, or other works of art. incorporating the visual arts into public spaces. 2. Decorative, ornamental, or functional E. Contribute to the city's civic pride and sense of elements which are designed by the identity. building architect or consultants engaged F. Increase access to works of art for residents by the architect which are a traditional and and visitors to the area. typical element of architectural design. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 20-1 Page 923 PUBLIC ART PROGRAM 3. Those elements generally considered to be 2120.4 FUNDING conventional components of a landscape 2120.4.1 Establishment of Public Art Fund architectural design including, but not limited The City shall establish a special revenue fund to, plant materials, pools, paths, benches, designated as the Public Art Fund in the City receptacles, fixtures, and planters except as treasury from which expenditures may be made in allowed by (G) and (H) in the list of included art accordance with this ordinance. The Public Art work above. Fund shall contain a capital account to fund 4. Art objects which are mass produced or of a permanent public improvements in the form of the standard design, such as playground sculpture purchase, acquisition, or commission of new public or fountains, except pieces of historical art, or major restorations, and an operations and significance to the city. maintenance account. Authorized expenditures 5. Directional or other functional elements, such include, but are not limited to, associated site as supergraphics, signage, color coding, and installation costs, such as lighting and landscaping, maps, except where sculptural pieces are used and costs associated with the commission, to define gateways in the city. engineering, contract administration, unveiling, and 6. Electrical, water, or mechanical service for dedication activities. Also authorized are activation of the work. expenditures associated with preservation, 7. Exhibitions and educational programs related conservation, and repair of existing public art. to the work. Capital funds may come from any source, including 8. Performing arts. the sale of general obligation bonds. The City’s 9. Art that displays slogans, logos, mascots, or capital improvement program shall contain an commercial advertising. annual appropriation for the Public Art Fund C. The public art collection. shall include art calculated in accordance with Subsection 2120.4.2. objects that are owned by the City of Portland Funds for the operation and maintenance account which are permanently installed in public, may come from any source except bonds. accessible locations. Permanent public art must be located in a public place with public visibility 2120.4.2 City-funded projects and impact, and shall have a permanence at A percentage of the City's Capital Improvement least comparable to associated capital projects. Program (CIP) shall be calculated and appropriated annually to the Portland Public Art Fund. The Public art guidelines. The regulations adopted by annual appropriation shall be .5% of the total annual the committee and approved by the City Council CIP. Nothing contained herein shall preclude which establish procedures to carry out the funding the acquisition of art for municipal property purpose of this article. The guidelines shall include in other ways. but not be limited to criteria for selection of artists and art works, maintenance of a file of interested artists, procedures for artistic competitions, and requirements for the maintenance of works of art. 20-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 924 PUBLIC ART PROGRAM 2120.5 ADMINISTRATION art collection or the maintenance of the 2120.5.1 Public Art Committee responsibilities collection. The City Public Art Program shall be administered E. Oversee the maintenance, care, and repair of by the Public Art Committee whose members shall the public art collection. be appointed by the City Council, and shall have the F. Review the appropriateness of proposed public following responsibilities: art which is intended to fulfill all or part of the A. Develop an annual art plan for Portland which contribution required by this article. shall be presented to the City Council for G. Review potential gifts of art to the City on City approval. property, and assist in the development B. Establish such guidelines as are necessary to process of such gifts, in accordance with the carry out the purpose of this article. The Guidelines for the Public Art Ordinance. guidelines shall include but not be limited to H. Recommend appropriate locations and criteria for selection of artists and art work, accessibility to the public for permanent art, maintenance of a file of interested artists, with suggestion as to the type of art which is review criteria for proposed gifts of art work to appropriate. the City, procedures for artistic competitions, I. Solicit advice from arts professionals, the and requirements for the maintenance of art business community, and from local residents work. Any and all guidelines or changes to on the appropriateness of proposed art. guidelines shall be placed on a City Council J. Recommend revisions to policies and guidelines agenda as a communication. The guidelines for the improved implementation of this shall take effect 45 days after the date of program. placement on the council agenda, unless the K. Ensure that the use of funds collected under City Council takes official action disapproving this program will increase the amount of art in the guidelines, in whole or in part, prior to the the city that is available to the public. expiration of the 45-day period. If a part of a guideline is vetoed, the remainder shall 2120.5.2 Public Art Committee structure continue in effect. Any guideline adopted, A. The Public Art Committee shall be composed which is not required by the statutes of the of eleven voting members who are appointed state or by this article, may be waived by the by the City Council. The City Council shall chair upon good cause being shown. appoint one of its members, the City Manager C. Recommend to the City Council the shall recommend a member, and Creative expenditure of funds for the acquisition or Portland shall recommend one of its members commissioning of public art, for maintenance to serve on the Public Art Committee. The City of public art, and for administration of this Council shall appoint the remaining eight program. members who shall be volunteers and have D. Seek private donations of funds and/or works interest and/or expertise in public art. Such of art for the purposes of expanding the public experience may include, but shall not be limited to, education and experience as an architect, a FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 20-3 Page 925 PUBLIC ART PROGRAM landscape architect, a professional curator, a professional artist, and/or an art educator. Persons appointed to the Public Art Committee must live or work in Portland and shall be appointed through the City's annual appointment process. B. Each Public Art Committee member shall serve for a period of three years. The appointments shall be staggered so that three appointments terminate each year. C. Whenever a vacancy shall occur, the vacancy shall be filled by the City Council. D. The Public Art Committee shall adopt its own rules for the conduct of its business not inconsistent with the statutes of the state and this article. Any and all rules or changes to rules shall be placed on a City Council agenda as a communication. The rule or rules shall take effect 45 days after the date of placement on the council agenda, unless the City Council takes official action disapproving the rules, in whole or in part, prior to the expiration of the 45-day period. E. The members of the Public Art Committee shall annually elect one of their members as a chair to preside at all meetings and hearings and to fulfill the customary functions of that office, and another of their members as vice-chair. 20-4 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 926 REGULATION OF EXPLOSIVES 22 REGULATION OF EXPLOSIVES blasting submittal shall conform to the provisions of this article and of Section 3 of the 22.1 PURPOSE City of Portland Technical Manual. The purpose of this article is to protect the public’s C. A blasting application shall be submitted to the health, safety, and general welfare by regulating and Planning Authority where less than 50 cubic controlling blasting operations within the city. yards of material shall be removed, or where utility trench work in the accepted public right 22.2 APPLICABILITY of way, including City or Portland Water This article shall apply to all blasting operations District infrastructure is proposed. Small blasts related to construction and development of real where less than 50 cubic yards of material shall estate within the city. The City of Portland Technical be removed are not required to submit either a Manual is incorporated into this article by reference. blasting plan or blasting submittal. Such Standards listed in the Technical Manual shall be projects must conform to the National Fire additional to the provisions of this article. Protection Association Fire Prevention Code and applicants shall submit a monitoring report 22.3 REVIEW PROCESS upon request. Information provided in the 22.3.1 Permit Required blasting application shall confirm that the No person may conduct blasting operations within proposed small blast conforms to all applicable the city without first obtaining a permit from the provisions of this ordinance and of Section 3 of Fire Department, as required by the National Fire the City of Portland Technical Manual. Protection Association 1 Fire Prevention Code, as D. A blasting plan or blasting submittal may be adopted and amended in Chapter 10 of the City of required for any blasting operation at the Portland Code of Ordinances. Fees for this permit discretion of the Planning Authority when it shall be as established by order of the City Council. determines that conditions at or near the site of the blasting operations warrant the provision 22.3.2 Application Requirements of a plan. Prior to the issuance of a permit the following information shall be submitted to the City: 22.4 STORAGE AND HANDLING A. A blasting plan shall be submitted by the All explosives shall be stored and handled in applicant to the Planning Authority for all accordance with the provisions of this code, the projects where more than 300 cubic yards of laws of the State of Maine, and the National Fire material shall be removed. The blasting plan Protection Association 1 Fire Prevention Code. shall conform to the provisions of this article and of Section 3 of the City of Portland 22.5 ENFORCEMENT Technical Manual. In the event that there are more than three B. A blasting submittal shall be submitted to the documented violations of the blasting plan, blasting Planning Authority where between 50 and 300 submittal, or blasting permit, or any other violation cubic yards of material shall be removed. The of this article, a stop work order may be issued on FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 22-1 Page 927 REGULATION OF EXPLOSIVES all construction or development related to the proposed blasting operations, estimated schedule permitted operation. The permittee shall then be and duration of blasting operations, description of required to submit a revised blasting plan to the the blasting signals to be used during operations, Planning Authority for review and approval. Work the complaint protocol and the complete address, shall not be allowed to continue until the revised telephone numbers and email contact for the blasting plan is approved. blasting contractor, the Planning Authority, and Fire Department where neighbors and property owners 22.6 PENALTIES may request further information and notification. In addition to the possibility of a stop work order in the event of a violation, the permittee shall be 22.7.3 Additional noticing requirements subject to the following penalties: A. For medium blasts where 50-300 cubic yards of 1st offense $500 rock material is to be removed, and large blasts 2nd offense $1,000 where over 300 cubic yards of rock material is Subsequent offenses $1,000 to be removed, additional notification requirements shall apply during construction, 22.7 NOTICE REQUIREMENTS as detailed in Section 3 of the City of Portland 22.7.1 Basic noticing requirements Technical Manual. At least 10 days prior to the start of any blasting B. If blasting operations are to occur within 250 operation, notice shall be published in a newspaper feet of any structure, additional notification of local publication and shall be mailed by first class requirements shall apply, as detailed in Section mail to all property owners within the distance 3 of the City of Portland Technical Manual, in specified below of the perimeter of the blasting site: order to prevent adverse public health and A. Small blast (trench blast or under 50 cubic safety impacts due to blasting-related carbon yards of rock removed). All property owners monoxide migration. within 250 feet of the perimeter of the blasting site. 22.8 HOURS OF BLASTING B. Medium blast (removal of 50-300 cubic Blasting shall occur Monday through Friday, yards of rock material). All property owners between the hours of 9 a.m. and 4 p.m., unless within 500 feet of the perimeter of the blasting otherwise approved by the Planning Authority. site. Requests for extension of hours of blasting must be C. Large blast (removal of over 300 cubic yards submitted by the applicant in writing. of rock material). All property owners within 600 feet of the perimeter of the blasting site. 22.9 WAIVERS Upon written request by the applicant, the Planning 22.7.2 Content of notice Authority, based on a positive recommendation by Notice shall conform to the model notice contained the Fire Department, may waive all or a portion of in Section 3 of the City of Portland Technical the blasting provisions of Section 3 of the City of Manual and shall include a description of the Portland Technical Manual, provided that all waivers 22-2 | CITY OF PORTLAND LAND USE CODE FINAL DRAFT FOR PLANNING BOARD REVIEW Page 928 REGULATION OF EXPLOSIVES are consistent with the purposes set forth in Section 22.1. 22.10 SUSPENSION OF BLASTING OPERATIONS If it is determined that blasting operations pose any risk to public health, safety, or general welfare, the Planning Authority or the Fire Chief or their designee shall have the authority to suspend the blasting permit at any time until they deem it safe for blasting operations to continue. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 22-3 Page 929 RESOURCE PROTECTION ZONE 13 RESOURCE PROTECTION ZONE R. Landfill and other earth-moving activity, as allowed in Subsection 11.4.4. 13.1 USE No building shall be erected, altered, enlarged, 13.2 DIMENSIONAL REQUIREMENTS rebuilt or used, and no premises shall be used, in a No building or structure shall be erected, altered, Resource Protection Zone except for the following enlarged, rebuilt, or used in a Resource Protection uses: Zone which does not comply with the following A. Non-intensive recreational uses not requiring requirements: structures, such as fishing and hiking. B. Motorized and non-motorized vehicular traffic TABLE 13-A: RPZ DIMENSIONAL STANDARDS on existing roads, trails, and rails, as Lot area (min.) 20,000 SF appropriate. Lot width (min.) 100 ft. Lot frontage on street or shoreline C. Bikeways, pedestrian trails, and walkways. 100 ft. (min.) D. Fire prevention activities. Front setback (min.) 25 ft. E. Wildlife management activities. Rear setback (min.) 75 ft.1 F. Soil and water conservation activities. Principal 15 ft. G. Surveying and natural resource analysis. Side setback (min.) Accessory 5 ft. H. Emergency operations as defined in Article 3. Side setback on side street (min.) 20 ft. I. Harvesting of wild crops. 2 J. Nonresidential structures for educational, Shoreline setback (min.) 75 ft. scientific, or nature interpretation purposes, Structure Principal 2 stories or 25 ft. containing a maximum floor area of not more height (max.) Accessory 1 story or 15 ft. 3 than 10,000 square feet. Building area (max.) 10% of lot area 1 Does not apply to boathouses or storehouses for fishing gear. K. Public and private parks and recreational areas, 2 Does not apply to permitted piers, docks, wharves, including one or more structures containing a breakwaters, causeways, bridges, boathouses, and storehouses for fishing gear. total maximum floor area of not more than 3 For principal building or group of buildings. 10,000 square feet. L. Permanent and temporary piers, docks, 13.3 OFF-STREET PARKING wharves, bridges and uses projecting into water Any off-street parking in a Resource Protection bodies, as allowed in Subsection 11.4.2. Zone is required as provided in Article 19. M. Storehouses for fishermen’s gear. N. Essential services as defined in Article 3 13.4 SHORELAND AND FLOOD PLAIN accessory to the uses permitted herein. MANAGEMENT REGULATIONS O. Signs, as allowed in Article 20. Any lot or portion of a lot located in a Shoreland P. Road construction, in accordance with the Zone as identified on the City zoning map or in a provisions of Section 11.4. flood hazard area shall be subject to the Q. Parking facilities for uses permitted under this requirements of Articles 11 and 12. section. FINAL DRAFT FOR PLANNING BOARD REVIEW CITY OF PORTLAND LAND USE CODE | 13-1 Page 930 C40 RN1 OS-P RN1 G ARSO Final Proposed Zoning Map E HO D PE R ALICE ST AVE Planning Board Recommendation 10.08.2024 SHINGTON AVE E XT WA ReCode Portland CARON ST D LONGVIEW DR R LAMBERT ST A L E CARTER ST M A RN1 P D SUMMIT ST CRESTVIEW DR R ROW M R A CLAPBOARD RD F S I RN1 ABBY LN V A D D RN1 R CURTIS RD L L B1 RN3 I H LESTER DR T B1 S OS-R O R F Y BALLPARK DR A W YS OS-P RT RN1 HAV E E OS-R JACKSON ST V A A K P RN1 D LL W E OS-R T EP A W IS O S I H B1 O N C1 M N IN UM L O A S H C D V G IR R RN1 T B O E E D O D A L R N A O PINELOCH DR R IM AUBURN ST IN R V B G E D ALPINE RD R D D N R N O E O U N V R P O L A G S K IN N R RD ER R O RN1 CHRISTY RD E E E S SUMMIT ST D K R M A A L U Q P A P CONTINENTAL DR RUSTIC LN Y DR RN1 W LE K O N P D L RN3 L RD WALCH DR A E I H RN1 R P E ST H U S D RN1 N I IM B EVE BARTLEY AVE R RGRE DE A EN I M D S IM R B ER OS-R LE IV C62 W OS-P R OO D DR ROW GREENWOOD LN C30 PRIMROSE LN REGAN LN Y RACINE AVE WA B1 BROOK RD RN1 AL I RN3 R T BEVERLY ST RN1 VE RN1 A EN NDUS L I L RN1 MILTON ST A R VIRGINIA ST SKYLARK RD D OS-R BU G N I C T IMb RN1 E A HENNESSY DR E B4 R C28 M TARBELL AVE U Y N R R TUCKER AVE E RN1 PENN AVE B2 SAUGUS ST M OS-R TOD1 N RN3 VERMONT AVE T O S PENNELL AVE R D T E BAILEY AVE H B2 D E P E I RN1 L O V S R RN1 A RN3 A IM R R I W E OS-R E VE T ROW A D D V R U I R R R IR1 R T RN5 E T FLORIDA AVE O STUART ST NEWTON ST C R N B1 HARRIS AVE T E G D R B4 B1 RN1 EDR CZA B1 OR FARRAGUT ST RN1 SH R D T ALDWORTH ST PLYMOUTH ST W LEXINGTON AVE NINTH ST IDE C WALD S Y R DEMEREST ST LE D ON OS-R D R B1 BROADWAY MAINE AVE O IN W RN1 O K S A ROW RN5 C L Y E FARNHAM ST W M L V RN3 A IH NG R IDA T RN5 FO I D L S R E C ES MONA RD ID U G T IDG S E N E E A R C V I V R O P E A R P R E E Y D V D S OS-R A E H T T V T RN1 OS-P A L HOMESTEAD AVE RN3 HUNTINGTON AVE SE D WALL ST E EA N UN IM W RN1 S T N RN3 R T AV D S N AMO O ORTH L I N EDGEWOOD AVE L E RN1 RN1 FIELD I T LE LANE AVE H C D I T O GH N S C T MM E ON T T A S A O S S CHESLEY AVE S LEY LN R V P E C Y R A ASH C VERRILL ST E C H S U E IM O M IR1 BELFORT ST W T A B H I Y U O LN W U P B S E COMMONWEALTHR DR I RN1 N AS E D T O E ST H R RN3 I RY D RN1 N P OS-P GTON LN L IL C E V ED L E IN YALE ST A G G VE EW E O R R M O IR2 IR1 A HARVARD ST D S G B1 D O G WOODLAWN AVE D I E R LL D LL I L N OS-R IM RN3 H R HICKS ST AVALON RD N IR2 M GROVE ST E B C ROW B2 E A RD L B2 LL IS UNIVERSITY ST A T B4 M E E W V R O A F B ROW A IN D RM RD A RN1 EE B4 RN3 C56 R R T PROVIDENCE ST OLYMPIA ST A B5 IM TOD1 RN3 M COVE E SEAL LN AR RN3 V I-B B4 IL LA A BISHOP ST N E IR1 E G IL IR1 D E WARREN AVE V ROW LE A B2 RN1 HAWTHORNE ST VERANDA ST T IH C42 OS-P CK N V O A C50 R E I-B S CANCO RD R ARCADIA ST R AS R IM D MURRAY ST T RN3 E KIDDER ST D Y RE Q H A B1 PLEA RN1 O D O R U I IH L H D A VICTOR RD IR2 S E RN3 R W IDOS-R R RN3 S D D B2 Y T RN5 O R BIRCHWOOD DR R OS-R OCEAN AVE INVERNESS ST B1 O C D W Y IR2S OS-R E L L L SHERWOOD ST RN3 IN A OAKLEY ST K G C COLLEGE ST N IR1 OS-P M I FERNALD ST VE RN1 WELLWOOD RD L A RN1 RN3 ISLAND AVE A W KIDDER ST OS-P CZA TR P E N EYR D IL READ ST TORREY ST AY C HUSS S KENSINGTON ST OS-R O R T N R R D D S P D B1 E E A E AL E OS-R ID A C S D IR1 V L R OVE R I H C B K B S R A I BAY ST R O WASHINGTON AVE T ROW G IM RE D B O TU S T E V RN3 O M R L K RD D V S E RN3 S O B IDE O A N OS-P A RN1 OD A E R FRONT ST ILLSLEY ST IR1 W A O C STS D WI C55 GE E D PINECREST RD SUNSET LN L ED I H W B2 GLECKLER RD K RN1 L L R E IS O V V C S N O OS-R ROW T FL V E MA W WELLINGTON RD UPPER A ST L E E V IR2 V E B1 A A O C54 A V I-B L H WALTON ST D D ER T RN3 E N E TA RN1 IR BRACKETT AVE TOD1 S R C O F KT CARLYLE RD C T N M B TA Y U A RN1 O IL I R W S LE P D O E N V D FO B2b C PY OS-R A O A R K RD E UR W A E AN RN5 R E R C D B RN3 S O ROW C VE H IN E A D ND LUDLOW ST B5 N LA AS RD S GEORGE ST I-B T W IS E L BRENTWOOD ST B1 NE S O RN3 A N VD V RN3 G RN3 ROW L E IR1 W B IR2 IR1 B2 B2b OS-R R OS-P JOSSLYN ST O E T O PURCHAS ST WARWICK ST HAMBLET AVE OS-R D RN1 AUSTIN ST OS-R RN1 BEST ST ALBA ST BAX D CLE R MACKWORTH ST EVE DORSET ST MABEL ST IR1 ST B DEVON ST RIG MADELINE ST H IDE RD TO RIGGS ST W S HARTLEY ST OS-P E N A O KENT ST V V O PARSONS RD A E E GROVE T IR1 D V S P G S IR2 H RN1 CLINTON ST A LA F N Y B1 IE IP LELAND ST B1 I O CLIFTON ST R E LD P BAY VIEW DR L H ESSEX ST P N S L A C I RN3 R S A D R STEVENS AVE N DENNETT ST D V N PLEASANT AVE RN3 OS-R C RN1 OS-R CHENERY ST Y RD L N A E D B1 PWD TREATMENT PLANT DRIVEWAY TOD1 RAYMOND RD I B2 L S Y B2 A T T OS-R D W S CONCORD ST S CODMAN ST E E D D RN3 OS-R R N N C O S IR N RN3 D O O A HERSEY ST RN1 LVD O E W I-B J D E W OS-P R ETR WEBB ST O VANNAH AVE B1 E AV SON B N RN1 E LAWN AVE V IR2 EASTERN PROM A ACK MAYER RD CALUM J OS-R ING COV IR1 EDGEWORTH AVE EAD RN1 BERKELEY ST B1 ROW EH COLUMBIA RD GLENWOOD AVE SPRIR2 IT ROWE AVE RN1 WESTMINSTER AVE TOD1 IR1 H VE W A REED AVE RN4 OS-P CE ROSEMONT AVE REVERE ST IN C R EA RD CA RN3 C10 WOODFORD ST B2b I-B P P U S T I RN3 T E SHO S TTER E V T I WALNUT ST R R E C20 C A E RD V RN1 RACKLEFF ST LINCOLN ST MONTREAL ST N E S L S T B1 B5 S P E TR T MONTROSE AVE T R G EF E IND AR NORTH ST ET E TRE US BI T COYLE ST MELBOURNE ST O D T H A V INE TR S M E E N P I R L AL D QUEBEC ST FOR P R RN3 RN4 T IR1 LD ST HIGHLAND R K B1 CK D W D SHERIDAN ST OS-R E RN1 MERRILL ST B1 VESPER ST A Y W I OS-R I O R SEASHO RD F IN L R RE L RN4 AV D ST ANDERSON E ROW E TED D OS-P MACHIGONNE ST ROCKLAND AVE ASHMONT ST T S N I B ILb OS-P OS-P N S IM HASTINGS ST PROSPECT ST I-B M G RA RN3 ST BEACON L OS-R C24 B2b C58 MORNING ST E T V O O W RN3 UTH O A D N L A M B2b C46 O M Y R OS-R T T S L LONGFELLOW ST E R OS-R S ER A A B1 N D N RN1 I LONGFELLOW ST W T DA N R N A LSO D O ES ATLANTIC ST I L R PLEASANT AVE ROW I RN3 FOX ST W O T MUNJOY ST IR2 OS-R S H RN4 OS-R C OAKDALE ST T ST ORLAND S N N IR2 RK DR BRIGHTON AVE ES T EXT E ST LAWRENCE ST O L M PA PITT ST PREB OS-R FRANKLIN ST CUMBERLANDCONGRESS AVE ST V U Y NOYES ST VE E OS-R N WATERVILLE ST A O NDON D RN6 Y M L LOG B1 T O WOLCOTT ST RN1 OS-R S MARGINAL WAY N C11 M CH IA B5 E OXFORD ST IL TE ILL S IR1 W M ISLAND AVE E BRADLEY ST FESSENDEN ST TOD1 I I-B RD ELIZABETH RD TH MOUN D OS-P A V ER B2b C13 B3 S TFO RN4 SE ND T T R O H B1 TS P LA T U WA FALMOUTH ST B2 B3 CITYPOINT RD H OS-R RO BA G S D RN1 FOREST AVE L I U P L S Peaks Island H O T F R OS-R S I E ST ES ELD Y CALEB ST SOMERSET ST ST M R R RN4 RN6 RY A D D U TH RN1 RN3 BEDFORD ST B6 OS-R OS-R R EWB H E N A S FROST ST RN3 E RN1 EDWARDS ST B2 IS-FBC N IR2 R FRANCES ST T C S INDIA ST V WDR OW O EC O Y C7 WHITNEY AVE B FEDERAL ST E C E CRAIGIE ST P E V I A R K S A N A R WESTBROOK ST RN1 WOODMONTY ST EN S W R CIR T K T L E R D A G RN3 J S LANCASTER ST A A O P T R D HE P A T PARRIS ST PREBLE ST CHESTNUT ST E THS T AIL M N VE S OXFORD ST A ABE EN TR KS RTRID DOUGLASS ST A E R IZ C A ES S T L I-B EL C RN1 LA P BOLTON ST T B A ST T IS-FBC S T T S S D S IR1 OS-P B1 T ST JOHN ST E E OS-R IT SHBURN EE EXCHANGE ST R EWPZ LUTHER ST ST A R B2b RN6 ST O C55 D ST IN E F OO ROW IR1 E MASSACHUSETTS AVE RAN W L W OW N G G A ELM ST D DGE VE LS V OS-R ID LE A RN3 IM E M A AVE ID OS-P B1 C53 RN5 PORTLAND ST AN R OS-R C14 B2 M MAINE STATE PIER HERM LO AR F K IR1 UPPER A ST C8 HOBART ST B3 E RI OS-R T OS-P B1 RN4 ST VE LOWER A ST OS-R R'S C37 IR2 BRACKETT AVE E CO B3 RD DGE RN3 C32 T DR NG RN6 RN4 E B2 PARK AVE A RE S SS S N L OAK ST D OS-R T U T CENTER ST S E ARKD POWSLAND ST GRANT ST P R SEWALL ST T R UM SS N S RN1 RN3 B2b N S ISO C39 B2b SHERMAN ST W CHANDLER'S WHARF C35 B U E RR B2 W ST T R R GA M FREE ST ID EL CH ANS O G OS-R DI OK R ROW B5 E CUMBERLAND AVE U G ERI D OSGOOD ST L HIGH ST N E M ON L I R HUTCHINS DR C OS-R TOD1 E SPRING ST O Y N OS-P OS-P G ST N 'S E I ING AV IR1 S R W L DEE W D T N O RN4 M H H ISLA A AR W BLUEBERRYRD F T A I-B NE O N T PLEASANT ST S F R RCH RD YELLOWBIRD RD RE S L F I-B U RN1 R S L H I T L IA C VE A C IR1 R RN4 B2b C51 R IR2 MH CONGRESS ST E I-B ANDO COBB AVE TH PK A C33 V O W R B3 C25 M WCZ ER R M Y B ROW D P M IR2 OS-P SO C31 B3 O OS-R C RN3 N PARK ST C49 SEASHORE AVE S TOD2 RD B5 P B1 C45 H O T I N B5 R T RN4 IL C21 SOU IM I B2 WINTER ST OS-R NTERNA AB D C RN6 IR1 WEST ST T TIO O S U BRACKETT ST N OS-P K A N C48 B1 C60 L R IR1 T RN1 P B2b CHADWICK ST O OS-P RN1 K WY C29 Y W I OS-P CARLETON ST RN4 N SKYWAY DR Y A T RD PINE ST NEAL ST ER LOOP Y T NA C OS-R T I IO NSON RD RD GRAY ST R H OS-P N T B4 O CLARK ST MA S J CITY L IN RIN DI E D E R VAUGHAN ST EMERY ST TE THOMAS ST R VALLEY ST B1 M C57 INA M T L WPDZ WESTBROOK ST RN2 OS-R S R OS-R O D JETPORT BLVD C26 M OS-P PR E L OS-R C N A A S S BOWDOIN ST C ER DANFORTH ST IMb T O PERIMETER RD S B E A W RN4 Y C9 BR ID RN2 B5 G OS-R E LVD T N B SO IAL S K RC CALUMET RD C IH ME A B2b OM J W C WPDZ VETERANS BRIDGE WPDZ OS-P SPRING COVE AVE IR1 CASSIDY POINT DR WHITEHEAD AVE O TTAW A AVE Cliff Island ¯ SHORE RD Page 931