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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or reasons for such decision, and shall contain a E. To hear and grant or deny applications for
conclusion or statement separate from the conditional uses, as specified in Article 6.
findings of fact setting forth the specific relief
granted or denying relief. The Building 2.3.10 Administrative appeals
Authority shall hand deliver or mail a copy of A. Application procedures. Application for any
the decision to the applicant, the Planning appeal to the board shall be submitted to the
Board, and City Council within seven days of Building Authority. A payment of a
such decision, and shall also file the decision nonrefundable application fee, as established
with the City Clerk. by the City Council to cover administrative
costs and costs of a hearing, shall accompany
2.3.9 Jurisdiction and authority each application. The application shall be in
The Board of Appeals shall have the following such form as prescribed by the Building
jurisdiction and authority: Authority.
A. To hear and decide appeals from the granting D. Public hearing. A public hearing shall be set,
or denial of any permit required by Chapter 6, advertised and conducted by the Board of
Article 11, or Chapter 10 of the City of Portland Appeals in accordance with Subsection 2.3.7.
Code of Ordinances. E. Standard of review. The standard of review
B. To hear and decide appeals from any decision for appeals pursuant to Subsections 2.3.9(A),
or order made by the Building Authority (B), and (C) shall be de novo. The appellant
pursuant to the provisions of this Land Use shall bear the burden of proof.
Code or any other chapter of the City of F. Conditions and limitations on rights granted
Portland Code of Ordinances, except that by appeal. Any right granted by the Board of
decisions relating to enforcement of the Appeals on appeal shall be subject to the same
Shoreland Overlay Zone provisions of this conditions and limitations as if secured without
chapter may not be appealed to the Board of the necessity of an appeal.
Appeals and may only be appealed directly to
Superior Court in accordance with M.R. Civ. P. 2.3.11 Variances
80B and 30-A M.R.S. §§ 2691 & 4483. A. Application procedures
C. To review interpretations of the Zoning 1. Application for a variance shall be
Administrator or their designee, except that submitted to the Building Authority. A
decisions on such interpretations shall be payment of a nonrefundable application
advisory only and shall not be appealable. fee, as established from time to time by
D. To hear and grant or deny applications for the City Council to cover administrative
variances from the terms of this Land Use costs and costs of a hearing, shall
Code, including but not limited to terms related accompany each application. The
to use; dwelling unit conversion; space and application shall be in such form as
bulk, such as lot size, density, and setbacks; prescribed by the Building Authority.
parking; loading; and signs. CITY OF PORTLAND LAND USE CODE | 2-13 ADMINISTRATION

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