Portland City Code ch. 14 (Land Use Code)

Citation: Portland City Code ch. 14 (Land Use Code)
Jurisdiction: Portland (municipal)
Source: Official source
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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