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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C. To review interpretations of the Zoning 2.3.11 Variances
Administrator or their designee, except that A. Application procedures
decisions on such interpretations shall be 1. Application for a variance shall be
advisory only and shall not be appealable. submitted to the Building Authority. A
D. To hear and grant or deny applications for payment of a nonrefundable application
variances from the terms of this Land Use fee, as established from time to time by
Code, including but not limited to terms related the City Council to cover administrative
to use; dwelling unit conversion; space and costs and costs of a hearing, shall
bulk, such as lot size, density, and setbacks; accompany each application. The
parking; loading; and signs. application shall be in such form as
E. To hear and grant or deny applications for prescribed by the Building Authority.
conditional uses, as specified in Article 6. 2. A public hearing shall be set, advertised,
and conducted by the Board of Appeals in
2.3.10 Administrative appeals accordance with Subsection 2.3.7.
A. Application procedures. Application for any 3. All decisions by the board shall be
appeal to the board shall be submitted to the rendered in a manner and form not
Building Authority. A payment of a inconsistent with the statutes of this state.
nonrefundable application fee, as established B. Undue hardship variance. An undue hardship
by the City Council to cover administrative variance may be granted by the board only
costs and costs of a hearing, shall accompany where strict application of the ordinance, or a
each application. The application shall be in provision thereof, to the petitioner and his or
such form as prescribed by the Building her property would cause undue hardship. The
Authority. words “undue hardship” as used in this
B. Public hearing. A public hearing shall be set, subsection mean the following:
advertised and conducted by the Board of 1. The land in question cannot yield a
Appeals in accordance with Subsection 2.3.7. reasonable return unless a variance is
C. Standard of review. The standard of review for granted.
appeals pursuant to Subsections 2.3.9(A), (B), 2. The need for a variance is due to the
and (C) shall be de novo. The appellant shall unique circumstances of the property and
bear the burden of proof. not to the general conditions in the
D. Conditions and limitations on rights granted neighborhood.
by appeal. Any right granted by the Board of 3. The granting of a variance will not alter the
Appeals on appeal shall be subject to the same essential character of the locality.
conditions and limitations as if secured without 4. The hardship is not the result of action
the necessity of an appeal. taken by the applicant or prior owner.
C. Disability variance
1. By the Board of Appeals. Notwithstanding
the provisions of subsection (B) above, the CITY OF PORTLAND LAND USE CODE | 2-13 ADMINISTRATION

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