Portland City Code ch. 14

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

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least four members of the board shall be necessary required, it shall be mailed at least seven days in
to grant any request or application or to sustain any advance of the hearing date by regular United
appeal. Any matter that receives fewer than four States mail. Notices shall be given to each of
votes shall be deemed to have been denied. 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 has an interest. Any more than 30 nor less than five days
question of whether a member has a conflict of before the date of the hearing, and by mail
interest sufficient to disqualify him or her shall be to the applicant.
decided by a majority vote of the members, except 3. In the case of hearings relating to zoning
the member who is being challenged. Where such a appeals, a variance, or a conditional use, to
vote results in a tie, the challenged member shall be the Planning Board and City Council by
deemed disqualified. reasonable means.
4. In the case of hearings relating to a
2.3.7 Meetings and procedures variance request from the provisions of
A. Staff. The Building Authority or their designee Article 11, the application and all supporting
shall serve as staff to the Board of Appeals. information supplied by the applicant shall
B. Meetings. Regular meetings of the Board of be forwarded to the State of Maine
Appeals shall be held at the call of the chair or Commission of the Department of
as provided by the rules of the board. Special Environmental Protection at least 20 days
meetings shall be called by the chair at the prior to action by the board.
request of any two members of the board or at 5. In the case of hearings related to a
the request of the City Council. All meetings variance or conditional use, by mail to the
and hearings of the board shall be open to the owners of all the property within 500 feet
public. For all matters properly brought before of such parcel or tract.
the Board of Appeals, the board shall select a 6. In the case of hearings related to all other
reasonable time and place for a public hearing appeals, by mail to the owners of property
following the submission of the subject directly abutting, and directly across a
application. street or alley from the subject property.
C. Notice. The Building Authority shall give notice For purposes of this subsection, the owners of
of public hearings in the form and manner and property shall be considered to be the parties
to the persons herein specified. The notice shall listed by the Assessor's Department as those
include the time and place of such hearing, a against whom taxes are assessed. Failure of any
description of the contents of the matter to be property owner to receive a notice of public
heard and the address or location of the hearing shall not necessitate another hearing
property involved. Where notice by mail is and shall not invalidate any action of the board. CITY OF PORTLAND LAND USE CODE | 2-11 ADMINISTRATION

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