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Portland City Code ch. 14

Citation
Portland City Code ch. 14 2.
Parent Document
Portland City Code ch. 14
Jurisdiction
Portland (municipal)
Original Source
https://www.portlandmaine.gov/asset/ae8cabd1-66eb-4a1c-9224-92bbca5e792f ↗

Other Sections in This Document (541)

Full Text

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2.2.10 Historic Preservation Board appeal
2.2.9 Administrative appeals
A. Application procedures. An appeal may be               A.   Historic Preservation Board decision. An
     taken to the Historic Preservation Board by any           appeal from any final decision of the Historic
     person affected by a decision of the Planning             Preservation Board as to any matter over which
     Authority relative to Article 17. Such appeal             it has final authority may be taken by any party
     shall be taken within 30 days of the action               or by any authorized officer or agent of the City
     complained of by filing with the Planning                 to the Planning Board, adhering to the
     Authority an application for appeal specifying            requirements of Subsection 2.1.11 of this article.
     the grounds thereof. The application shall be in     B.   The Planning Board shall deny the appeal unless
     such form as specified by the Planning                    it finds that the action of the Historic
     Authority. A payment of a nonrefundable filing            Preservation board was arbitrary or capricious
     fee, as established by the City Council to cover          or was not based on substantial evidence.
     administrative costs and costs of hearing, shall          Review by the Planning Board under this
     accompany the application. The Planning                   subsection is intended to be appellate in
     Authority shall forthwith transmit to the                 nature. Except where the Planning Board
     Historic Preservation Board all of the papers             determines that injustice would result, the
     constituting the record upon which the action
                                                               Planning Board shall determine the appeal
     appealed from was taken.
                                                               without considering any facts or arguments
B. Public hearing. A public hearing shall be set,
                                                               which were not presented to the Historic
     advertised, and conducted by the Historic
                                                               Preservation Board. Where the Planning Board
     Preservation Board in accordance with the
                                                               finds it necessary to consider such new
     provisions of this article.
                                                               evidence in order to do substantial justice, it
C. Action. Within 30 days following the close of
                                                               shall remand the matter to the Historic
     the public hearing, the Historic Preservation
                                                               Preservation Board for further consideration,
     Board shall render a decision on the appeal in
     the manner and form specified in the                      unless it determines that the resulting delay is
     provisions of this article and the statutes of the        likely to result in undue hardship to the
     state. The failure of the board to act within 30          applicant.
     days shall be deemed a denial of the appeal          C.   Planning Board decision. The Planning Board's
     unless mutually extended in writing by the                decision on an appeal from a decision of the
     appellant and the Board. Within five days of              Historic Preservation Board shall be final with
                                                               respect to the application or matter initially CITY OF PORTLAND LAND USE CODE | 2-9 ADMINISTRATION