Article 8 - Appeals And Special Permits
8.1 Authority
8.1.1 All appeals or applications for non-shoreland district special exception permits shall be based on a written decision of the CEO, and shall be decided upon by the Board of Appeals in accordance with the provisions of this Ordinance.
8.1.2 Applications for certain special permits, including special exception permits in any shoreland zone and earth moving in the shoreland zone, shall be decided by the Planning Board.
8.1.3 Applications for new construction, alteration, or demolition in any Historic District, shall be decided by the Historic Review Board in conjunction with and with the approval of the Planning Board in accordance with the provisions of this Ordinance. In addition, no building permit for the subdivision of land or structures shall be issued without prior site plan review and approval by the Planning Board.
8.1.4 Applications for changing the Zoning District for any property shall be made to the Planning Board. The Planning Board shall review the application and make its recommendations to the City Council, who will make the final decision on the zoning change request in accordance with the provisions of this Ordinance.
8.2 Board of Appeals
8.2.1 Establishment and Organization
8.2.1.1 A Board of Appeals is hereby established in accordance with "Title 30-A MRSA Section 2691 as amended."
8.2.1.2 The Board of Appeals shall consist of seven members and one associate member, all appointed by the City Council. Members of the Board of Appeals shall be appointed for terms of five years. When a member is unable to act because of conflict of interest, illness, or absence, the associate member shall act in his/her stead. Permanent vacancies shall be filled for the unexpired term of any member who resigns or is removed for cause.
8.2.2 General Procedures
8.2.2.1 The Board of Appeals shall elect a chairman and a secretary from its own membership,
and shall adopt rules necessary for the conduct of its business. All deliberations of the Board
of Appeals shall be open to the public.Meetings shall be held at the call of the chairman and at
such other times that the Board may determine necessary. The chairman may administer oaths
and compel the attendance of witnesses. The Board of Appeals shall keep minutes of its
proceedings, showing the vote of each member upon each question, absence or failure to vote,
and shall also keep records of its other official actions. These records shall be made public
record.
8.2.2.2 Four members of the Board of Appeals shall constitute a quorum. A member who abstains shall not be counted in determining whether a quorum exists. The Board shall act by resolution. The concurring vote of a majority of a quorum of the Board of Appeals shall be necessary to reverse any order or determination of the CEO, or to grant any variance or special exception permit. Requests for appeals, variances, or special exception permits may be of interest to adjacent property owners. If objections in writing signed by at least 10% of the owners of properties within 200 feet of the subject property are presented to the Board of Appeals, a minimum of four votes shall be
required for the granting of the appeal, variance, or permit. The Board of Appeals may reconsider any decision within thirty days of its prior decision. The board may conduct additional hearings and receive additional evidence and testimony.
8.2.3 Powers and Duties
8.2.3.1 Administrative Appeals: to hear and decide, where a person or organization appeals a decision made by the CEO, in the enforcement of this Ordinance.
8.2.3.2 Variance Appeals: to hear and decide, upon appeal, in specific cases where a relaxation of the terms of this Ordinance would not be contrary to the public interest and a literal enforcement of this Ordinance would result in unnecessary or undue hardship.
8.2.3.3 The term "undue hardship" shall mean:
8.2.3.3.1 That the land in question cannot yield a reasonable return unless a variance is granted;
8.2.3.3.2 That the need for a variance is due to the unique circumstances of the property
and not to the general conditions of the neighborhood;
8.2.3.3.3 That the granting of a variance will not alter the essential character of the locality; and
8.2.3.3.3 That the hardship is not the result of action taken by the applicant or a prior
owner.
8.2.3.4 A variance is not justified unless all elements are present in the case.
8.2.3.5 As used in this ordinance, a variance can be granted only for dimensional requirements. Construction, establishment, or expansion otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of non-conforming uses in the Zoning District or uses in adjoining Districts. The Board of Appeals may prescribe conditions and safeguards as are appropriate under this ordinance.
8.2.3.6 A copy of all shoreland variances granted by the Board of Appeals shall be submitted
to the Department of Environmental Protection within fourteen days of the decision.
8.2.3.7 Special Exception Permits
To hear and decide special exceptions for which the Board has authority under the terms of this Ordinance. An exception may be granted only for a use which is specifically listed in this ordinance as a permitted exception in the district in which the exception is requested, or for uses similar in character to listed uses, and only if the Board is satisfied that the welfare of the zone or neighborhood in which the proposed use or structure is to be located will not be adversely effected. In granting an exception, the Board may require appropriate conditions or safeguards. Violations of such conditions shall be deemed a violation of this Ordinance.
8.2.4 Administrative Appeal Procedure
8.2.4.1 A person aggrieved by a decision of the CEO shall commence his appeal within 30 days after a decision is made by that officer. The appeal shall be filed with the Board of Appeals on forms provided for that purpose, and the aggrieved person shall specifically set forth on the form the grounds for the appeal.
8.2.4.2 An applicant for an administrative appeal shall deposit with the City of Eastport Clerk, at the time of filing the appeal, a deposit of $25.00. The Board of Appeals shall not begin the review process until this deposit has been filed. The $25 deposit shall be refunded to the applicant if the Board of Appeals reverses the decision of the CEO. If the appeal is rejected, however, the applicant shall forfeit the $25.00 deposit.
8.2.4.3 Before taking action on any administrative appeal, the Board of Appeals shall hold a
public hearing. The public hearing shall take place within 30 days of the filing of the appeal.
The Board shall publish notice at least ten days in advance in a local newspaper.
8.2.4.4 Following the public hearing, the Board of Appeals shall meet to make their decision.
Voting procedures shall be as specified in Section 8.2.2. The board's decision shall be given
to the applicant in writing. Failure of the Board of Appeals to issue a written notice of its
decision within 60 days of the appeal shall constitute approval of the appeal. The Board
of Appeals may extend their review period a maximum of an additional 30 days. In the
event of such an extension, a written notice shall be sent to the applicant advising him or
her of this extension.
8.2.4.5 Variance Appeal Procedure
8.2.4.5.1A person or organization may file an appeal for a variance with the Board of
Appeals. The appeal shall be made in writing on forms provided for this purpose.
The form shall be accompanied with any plans or other documents which would
assist the Board in their evaluation of the appeal. An applicant for a variance appeal
shall deposit with the City Clerk, at the time of filing the appeal, a non-refundable
deposit of $25. The Board of Appeals shall not begin their review process until this
fee has been filed. The applicant shall not be liable for any further normal public
hearing costs, regardless of the Board's decision on the appeal. However, for
unusual cases in which the Board of Appeals may need legal or other special
advice, the Board may request the applicant to share in these additional costs.
The Board of Appeals and City Council shall confer with the applicant to determine
share of costs before retaining any special services.
8.2.4.5.2 The procedures for public hearings and Board of Appeals decisions for
variance appeals shall be the same as those for administrative appeals with the
addition of individual notification of abutting property owners. The Board shall
also make its decision according to the provisions set forth in the section on
Powers and Duties above.
8.2.4.6 Special Exception Permit Procedures
8.2.4.6.1 An applicant requesting a special exception permit from the Board of
Appeals shall post a sign on the subject property at the time that the permit request
is filed. The sign shall be at least one foot square in size, must be visible from the
street, and must clearly state the owner's desire to obtain a special exception Permit
for a particular use.
8.2.4.6.2 The Board of Appeals: may, at its discretion, request the Planning Board to
review the special exception request. Recommendations from the Planning Board to
the Board of Appeals on such matters are not, however, binding. The procedures for
a non-refundable $25 filing fee and other costs, public hearings and Board of
Appeals decisions for special exception permits shall be the same as those for
variance appeals. The Board shall also make its decision according to the provisions
set forth in the section on "Powers and Duties" above.
8.3 Appeals to the Superior Court
8.3.1 Appeals may be taken from the Board of Appeals to the Superior Court. The appeal to the Superior Court shall be made within 30 days after the decision of the Board. Notice of the appeal shall be ordered by the Court, and the appeal shall be tried and determined by the Court without a jury in a manner provided by law for such cases. Costs may be awarded to the prevailing party by the Court.
8.4 Other Special Permits
8.4.1 An individual or organization seeking a special permit for special exception uses in a shoreland zone, earthmoving of more than 10 cubic yards in the shoreland zone, or new construction, alteration or demolition in any Historic District, shall submit a request in writing to the Planning Board and the Historical Review Committee on forms provided for this purpose. The application shall be accompanied with any plans or other documents that would assist the Planning Board in their evaluation of the proposal.
8.4.2 Planning Board public hearings shall be held within thirty days of the filing of the permit application. Notice of the hearing shall be advertised at least ten days in advance in a newspaper of local circulation. After the public hearing, the Planning Board shall meet and make their decision in accordance with the provisions of this Ordinance and the merits of the particular application. The concurring vote of a majority of a quorum of the Planning Board shall be necessary for a decision.
8.5 Subdivision Review and Approval
8.5.1 The Planning Board shall be responsible for review and approval of site plans for all subdivisions according to the provisions of the "Maine Subdivision Law Title 30." All other provisions of the State law must be observed by the owner of a proposed subdivision.
8.6 Change of Zoning District
8.6.1 A change of the Zoning District designation for any property shall constitute an
Amendment of this ordinance and procedures shall be as provided for in
"Section 3.5 Amendment."
8.6.2 For any change of Zoning District, the Planning Board has advisory powers; the
Eastport City Council has decision-making powers. The Board of Appeals is not
authorized to grant changes in the Zoning District designation.
8.6.2 When a person or organization petitions for rezoning of an area for the purpose
of development in accordance with an architect's plan, the area shall not be rezoned
unless the petitioner posts a performance bond equal to at least 10% of the estimated
cost of the development. City Council may request a larger bond. The bond shall
become payable to the City if the petitioner fails to begins construction in a substantial
manner in accordance with the plan within one year of the effective date of the rezoning.
8.6.4 Any changes in Zoning District designation for any property as decided by City
Council shall be documented both in writing and on the official Zoning Map. In addition,
publication of the final decision shall be made in a newspaper of general circulation.
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