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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other property and improvements in the 2.3.13 Reconsideration
vicinity or upon public facilities and services. The Board of Appeals may reconsider any decision
Such conditions shall be expressly set forth in within 45 days of its decision. A request to the
the resolution granting the variance and in the board to reconsider a decision must be filed within
notice informing the applicant thereof. 10 days of the decision that is being reconsidered. A
Violation of such conditions and safeguards vote to reconsider and the action taken on that
shall be a violation of this article. A variance less reconsideration must occur and be completed
than or different from that requested may be within 45 days of the date of the vote on the original
granted when the record supports the decision. Reconsideration of a decision shall require
applicant’s right to some relief but not to the a positive vote of the majority of the board
relief requested. members originally voting on the decision, and
G. Limitations on variances. No variance proper notification to the landowner, petitioner,
permitting the erection or alteration of a Planning Board, code enforcement officer, and
building shall be valid for a period longer than other parties of interest, including abutters and
two years, unless a building permit for such those who testified at the original hearing(s). The
erection or alteration is issued and board may conduct additional hearings and receive
construction is actually begun within that additional evidence and testimony. Appeal of a
period and is thereafter diligently pursued to reconsidered decision to Superior Court must be
completion. No variance relating to the made within 15 days after the decision on
establishment or maintenance of a use not reconsideration.
involving a building or structure shall be valid
for a period longer than two years, unless an 2.3.14 Appeals
occupancy permit is issued and a use Any aggrieved party may take an appeal, within 45
commenced within such period. days of the vote of the original decision, from any
H. Recording of variances. No variance shall be final decision of the Board of Appeals to the
valid unless, within 90 days of final approval of superior court in accordance with Rule 80B of the
the variance, a certificate describing the Maine Rules of Civil Procedure and 30-A M.R.S. §§
variance has been recorded by the applicant for 2691 & 4483., except as otherwise specifically
the variance in the registry of deeds as required provided in this article.
by 30 M.R.S. § 4353(5).

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