Portland Land Use Code

Citation: Portland Land Use Code 4.
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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4. In the case of hearings relating to a state or by this article, may be waived by the
variance request from the provisions of board upon good cause being shown.
Article 11, the application and all supporting 1. Conduct of hearings.
information supplied by the applicant shall a. Any person may appear and testify at
be forwarded to the State of Maine a public hearing, either in person or by
Department of Environmental Protection a duly authorized agent or attorney,
at least 20 days prior to action by the and may submit documentary
board. Any comments received from the evidence, provided, however, that the
Commissioner or their designee prior to Board shall exclude irrelevant,
action by the Board of Appeals shall be immaterial and unduly repetitious
made part of the record and shall be taken evidence.
into consideration by the Board of b. The applicant and any abutter or
Appeals. similar person with standing shall in
5. In the case of hearings related to a addition have the right to present
variance or conditional use, by mail to the witnesses on their own behalf and
owners of all the property within 500 feet offer rebuttal evidence, to cross
of such parcel or tract. examine all witnesses testifying in
6. In the case of hearings related to all other opposition to their position through
appeals, by mail to the owners of property the chair, and to examine and
directly abutting, and directly across a introduce any documents produced at
street or alley from the subject property. the hearing.
7. For purposes of this subsection, the 2. All other matters pertaining to the conduct
owners of property shall be considered to of hearings shall be governed by the
be the parties listed by the Assessor’s provisions of the relevant state statutes,
Department as those against whom taxes this article, and the rules promulgated by
are assessed. Failure of any property the Board of Appeals.
owner to receive a notice of public hearing
shall not necessitate another hearing and 2.3.8 Records and decisions
shall not invalidate any action of the board. A. Record. The recording of testimony, if any,
8. The cost of noticing shall be charged to and all exhibits, papers, applications, and
the applicant. requests filed in any proceeding before the
D. Procedures. The Board of Appeals shall adopt Board of Appeals and the decision of the board
its own rules of procedure for the conduct of shall constitute the record.
its business not inconsistent with the statutes B. Decision. Every decision of the Board of
of the state and this article. Such rules shall be Appeals shall include findings of the fact, shall
filed with the City Clerk. Any rule so adopted refer to the evidence in the record and the
which relates solely to the conduct of hearings, exhibits, plans or specifications upon which
and which is not required by the statutes of the such decision is based, shall specify the reason 2-12 | CITY OF PORTLAND LAND USE CODE ADMINISTRATION

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