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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The cost of noticing shall be charged to the 2.3.8 Records and decisions
applicant. A. Record. The recording of testimony, if any, and
D. Procedures. The Board of Appeals shall adopt all exhibits, papers, applications, and requests
its own rules of procedure for the conduct of filed in any proceeding before the Board of
its business not inconsistent with the statutes Appeals and the decision of the board shall
of the state and this article. Such rules shall be constitute the record.
filed with the City Clerk. Any rule so adopted B. Decision. Every decision of the Board of
which relates solely to the conduct of hearings, Appeals shall include findings of the fact, shall
and which is not required by the statutes of the refer to the evidence in the record and the
state or by this article, may be waived by the exhibits, plans or specifications upon which
board upon good cause being shown. such decision is based, shall specify the reason
1. Conduct of hearings. or reasons for such decision, and shall contain a
a. Any person may appear and testify at conclusion or statement separate from the
a public hearing, either in person or by findings of fact setting forth the specific relief
a duly authorized agent or attorney, granted or denying relief. The Building
and may submit documentary Authority shall hand deliver or mail a copy of
evidence, provided, however, that the the decision to the applicant, the Planning
Board shall exclude irrelevant, Board, and City Council within seven days of
immaterial and unduly repetitious such decision, and shall also file the decision
evidence. with the City Clerk.
b. The applicant and any abutter or
similar person with standing shall in 2.3.9 Jurisdiction and authority
addition have the right to present The Board of Appeals shall have the following
witnesses on their own behalf and jurisdiction and authority:
offer rebuttal evidence, to cross A. To hear and decide appeals from the granting
examine all witnesses testifying in or denial of any permit required by Chapter 6,
opposition to their position through Article II or Chapter 10 of the City of Portland
the chair, and to examine and Code of Ordinances.
introduce any documents produced at B. To hear and decide appeals from any decision
the hearing. or order made by the Building Authority
2. All other matters pertaining to the conduct pursuant to the provisions of this chapter,
of hearings shall be governed by the except that decisions relating to enforcement
provisions of the relevant state statutes, of the Shoreland Zone provisions of this
this article, and the rules promulgated by chapter may not be appealed to the Board of
the Board of Appeals. Appeals and may only be appealed directly to
Superior Court in accordance with M.R. Civ. P.
80B and 30-A M.R.S. §§ 2691 & 4483. 2-12 | CITY OF PORTLAND LAND USE CODE ADMINISTRATION

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