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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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 Planning the same manner as other appointments under
Board's decision on an appeal from a decision this article, for the unexpired term of a former
of the Historic Preservation Board shall be final member whose place has become vacant.
with respect to the application or matter
initially presented to the Historic Preservation 2.3.3 Removal of members
Board. An appeal from any final decision of the Any member of the Board of Appeals may be
Planning Board as to any matter over which it removed for cause by the City Council at any time,
has final authority may be taken by any party or provided, however, that before any such removal,
by any authorized officer or agent of the city to such member shall be given an opportunity to be
the superior court in accordance with Rule 80B heard in their own defense at a public hearing.
of the Maine Rules of Civil Procedure. No
appeal shall lie concerning any matter as to 2.3.4 Officers
which the power of the board is limited to the A. Chair. The members of the Board of Appeals
making of a recommendation. shall annually elect one of their number as chair
to preside at all meetings and hearings and to
fulfill the customary functions of that office. In
the absence of the chair, the secretary shall act 2-10 | CITY OF PORTLAND LAND USE CODE ADMINISTRATION

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