Chapter VII Zoning Board of Appeals
701 General Statement
The following provisions are consistent with 30-A M.R.S.A. Sec. 4963. As such, the Zoning Board of Appeals serves as a quasi-judicial body, providing for appeals made under this Ordinance.
702 Appointments, Memberships & Terms of Office; Powers & Duties
702.1 Appointments, Memberships, & Terms of Office
In accordance with 30-A M.R.S.A. Sec. 4963, the Zoning Board of Appeals consists of five (5) members selected citywide and two (2) alternate members. The term of office of a member or alternate member is three (3) years. The alternate will attend all meetings and will vote in the absence of a member. The alternate may be appointed to a full membership when a vacancy occurs.
702.2 Limitations on Membership
A member of the City Council or spouse may not be a member or alternate member of the Zoning Board of Appeals.
Annually on or about January 1, the Board of Appeals shall elect a chairman and vice chairman. The chairman shall preside at all hearings and the vice chairman shall preside in his absence. A record shall be kept of the meetings, including any actions taken by the Board.
Appointments are nominated by the Mayor and approved by the municipal officers.
702.5 Absence or Disability
When a member of the Board of Appeals is unable to act because of interest, physical incapacity, or absence, the chairman shall appoint an associate member to act in his stead.
702.6 Powers & Duties
The Zoning Board of Appeals shall have the authority to hear the following matters:
- Appeals under section 703.1 of this Ordinance
- Variance appeals under section 704 of this Ordinance
- Flaglot applications under section 705.5 of this Ordinance
703 Appeal to Board of Appeals
703.1 Appeal to Board of Appeals
A person aggrieved by a decision of the Code Enforcement Officer, as provided by this ordinance, may appeal to the Zoning Board of Appeals. The person must file a notice of appeal with the Code Enforcement Officer within 30 days of the action taken. The notice must cite the decision appealed from, identity of the property involved, and state the specific grounds for the appeal. It must be signed by the appellant or legal representative. The appellant shall pay a filing fee to cover the cost of advertising the appeal, as required by Section 703.3.