Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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requirement, or determination made by the appeal unless mutually extended in writing by the
Planning Authority. appellant and the board. Within five days of such
P. To approve, following a public hearing and at decision or failure to act notice thereof shall be
the recommendation of the Public Works mailed to each party.
Authority and the Planning Authority, Technical D. Conditions and limitations. Any right granted by
Manual and Design Manual standards, provided the reviewing board on appeal shall be subject to
that such standards shall be additional to and the same conditions and limitations as if secured
consistent with the provisions of this Land Use without the necessity of an appeal.
Code, necessary and reasonable, and in
accordance with sound engineering and urban 2.1.12 Planning Board appeals
design practice. An appeal from any final decision of the Planning
Board as to any matter over which it has final
2.1.11 Administrative appeals authority may be taken by any party or by any
A. Application procedures. An appeal may be taken authorized officer or agent of the City to the
to the Planning Board by any person affected by a superior court in accordance with Rule 80B of the
final decision of the Planning Authority except as Maine Rules of Civil Procedure. No appeal shall lie
provided elsewhere in this Land Use Code. Such concerning any matter as to which the power of the
appeal shall be taken within 30 days of the action Board is limited to the making of a
complained of by filing with the Planning recommendation.
Authority an application for appeal specifying the
grounds thereof. The application shall be in such 2.2 HISTORIC PRESERVATION BOARD
form as specified by the Planning Authority. A 2.2.1 Composition
payment of a nonrefundable filing fee, as The Historic Preservation Board shall consist of
established by the City Council to cover seven voting members who shall serve without
administrative costs and costs of hearing, shall compensation. Members shall not be officers or
accompany each application. The Planning employees of the City. Members shall have
Authority shall forthwith transmit to the Planning demonstrated interest, knowledge, or training in
Board all of the papers constituting the record historic preservation or closely related fields,
upon which the action appealed from was taken. including Indigenous and marginalized community
B. Public hearing. A public hearing shall be set, histories. Members shall be residents of the city.
advertised and conducted by the Planning Board
in accordance with the provisions of this article. 2.2.2 Appointments
C. Action. Within 30 days following the close of the A. Terms. The members of the Historic
public hearing, the Planning Board shall render a Preservation Board shall be appointed by the
decision on the appeal in the manner and form City Council for terms of three years. Such
specified in the provisions of this article and the members shall serve until their successors are
statutes of the state. The failure of the board to duly appointed and qualified. Such terms shall
act within 30 days shall be deemed a denial of the be staggered so that the terms of not more CITY OF PORTLAND LAND USE CODE | 2-5 ADMINISTRATION

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