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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as chair and shall have all the powers of the 2.3.7 Meetings and procedures
chair. A. Staff. The Building Authority or their designee
B. Secretary. The members of the Board of shall serve as staff to the Board of Appeals.
Appeals shall annually elect one of their B. Meetings. Regular meetings of the Board of
number as secretary. The secretary shall fulfill Appeals shall be held at the call of the chair or
the duties provided by statute and this article as provided by the rules of the board. Special
and have such other duties as may be provided meetings shall be called by the chair at the
by the rules of the board. request of any two members of the board or at
C. Pro tempore officers. In the absence of both the request of the City Council. All meetings
the chair and the secretary, the board shall and hearings of the board shall be open to the
elect a chair pro tempore from among its public. For all matters properly brought before
number and the chair pro tempore shall have the Board of Appeals, the board shall select a
all the powers of the chair during the chair’s reasonable time and place for a public hearing
and the secretary’s absence. In the absence of following the submission of the subject
the secretary, or when the secretary is serving application.
as chair, the board shall elect a secretary pro C. Notice. The Building Authority shall give notice
tempore from among its number and the of public hearings in the form and manner and
secretary pro tempore shall have all the powers to the persons herein specified. The notice shall
of the secretary during the secretary’s absence include the time and place of such hearing, a
or service as chair. description of the contents of the matter to be
heard and the address or location of the
2.3.5 Quorum and necessary vote property involved. Where notice by mail is
No business shall be transacted by the Board of required, it shall be mailed at least seven days in
Appeals without a quorum, consisting of four advance of the hearing date by regular United
members, being present. The vote of a majority of States mail. Notices shall be given to each of
the members present shall be necessary to the following as specified:
authorize any action by the board. 1. In all cases, to the petitioner.
2. In all cases, to all residents of the city by
2.3.6 Conflicts publication in a newspaper of general
No member of the Board of Appeals shall circulation in the city at least once, not
participate in the hearing or disposition of any more than 30 nor less than five days
matter in which they have an interest. Any question before the date of the hearing, and by mail
of whether a member has a conflict of interest to the applicant.
sufficient to disqualify them shall be decided by a 3. In the case of hearings relating to zoning
majority vote of the members, except the member appeals, a variance, or a conditional use, to
who is being challenged. Where such a vote results the Planning Board and City Council by
in a tie, the challenged member shall be deemed reasonable means.
disqualified. CITY OF PORTLAND LAND USE CODE | 2-11 ADMINISTRATION

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