[Adopted as Ch. II, Art. 38; amended 1-13-1997 by Ord. No. 97-58]
The Board of Appeals is hereby authorized to
hear appeals from any order, requirement, decision, determination
or interpretation of the Code Enforcement Officer or other officer
or entity specified by an ordinance of the City of Bangor, and the
Board of Appeals is authorized to grant variance requests from any
ordinance of the City of Bangor which specifically permits variances.
In accordance with 30-A M.R.S.A. § 2691
and amendments thereto, a Board of Appeals is hereby established in
the City of Bangor. The word "Board," when used in this article, shall
be construed to mean the Board of Appeals, and the word "member,"
when used in this article, shall be construed to include associate
members of the Board of Appeals.
A.
The Board of Appeals shall be appointed by the City
Council and shall consist of five members and two associate members,
all of whom shall be legal residents of the City of Bangor. Initially,
two members shall serve five-year terms, two members shall serve four-year
terms (one of whom shall be an associate member) and three members
shall serve three-year terms (one of whom shall be an associate member).
Thereafter, members shall serve staggered three-year terms or until
their successors are duly appointed.
(1)
Neither a municipal officer nor their spouse may serve
as a member of the Board of Appeals.
(2)
Any question of whether a particular issue involves
a conflict of interest sufficient to disqualify a member from voting
thereon shall be decided by a majority of members there present, except
the member who is being challenged.
B.
The Board shall annually elect a Chair and Secretary
from its membership.
(1)
The Chair of the Board of Appeals shall call meetings
of the Board, maintain the orderly conduct of business and designate
which associate member shall serve in the stead of an absent member.
(2)
The Secretary shall keep the minutes of the proceedings
of the Board of Appeals, which shall show the vote of each upon each
question. All minutes of the Board shall be a public record.
C.
A quorum shall consist of four members.
D.
In addition to the members, a technical advisor may
be appointed to render technical advice to the Board as necessary.
The technical advisor shall be a licensed professional engineer or
architect, or a builder or superintendent of building construction,
with at least 10 years' experience, five years of which the technical
advisor shall have been in responsible charge of work. The technical
advisor should also have access to or be a licensed structural or
civil engineer with architectural engineering experience.
E.
The City Council may dismiss a member of the Board
for cause before the member's term expires.
Administrative appeals from any order, requirement,
decision, determination or interpretation of the Code Enforcement
Officer, or other officer or entity specified by an ordinance, and
variance appeals from the laws and ordinances of the City of Bangor,
where expressly permitted by an ordinance, shall be made pursuant
to the following procedures:
A.
The Board shall follow any procedures specifically
set forth in the ordinance which forms the basis of the appeal. If
the procedures set forth in an ordinance differ from the procedures
set forth in this section, the Board shall follow the procedures set
forth in the ordinance to the extent that the procedures are inconsistent.
B.
Persons appealing any order, requirement, decision,
determination or interpretation of the Code Enforcement Officer, or
other officer or entity specified by an ordinance, shall first file
with the Code Enforcement Officer a completed appeal application form
and an application processing fee in such amount as may be established
from time to time by the City Council by Council order. The appeal
application form shall specifically set forth the grounds which form
the basis for the appeal.
C.
The Board shall have the authority to grant variances
only as specifically provided by an ordinance. If an ordinance permits
variances, a party requesting a variance shall check the box marked
"variance" on the appeals form and follow the procedures as for an
appeal, as set forth in this section.
D.
Appeals must be filed and the required application
processing fee paid within 30 days after the decision to be appealed.
E.
The Code Enforcement Officer shall immediately refer
the appeal, together with all materials relative thereto, to the Chair
of the Board for consideration by the Board as provided herein. Before
taking any action on the appeal, the Board of Appeals shall hold a
public hearing within 60 days of the date of the application. The
Board shall notify, by United States Mail, the applicant, the owners
of all abutting property and owners of properties within 100 feet
of the exterior boundaries of the property in question, at least 10
days in advance of the hearing, of the nature of the appeal and the
time and place of the public hearing, in accordance with the following:
(1)
The owners of the property shall be considered to
be those against whom taxes are assessed. Failure of any person owning
property within said 100 feet to receive notice of said public hearing
shall not necessitate another hearing or invalidate any action by
the Board of Appeals.
(2)
The Board shall notify the Code Enforcement Officer,
Planning Officer, City Council and the Planning Board, at least 10
days in advance, of the time and place of the hearing and shall publish
notice of the hearing at least 10 days in advance in a newspaper of
general circulation in the area.
(3)
At any hearing, a party may be represented by an agent
or an attorney. A hearing shall not be continued to another time except
for good cause.
(4)
The Code Enforcement Officer, or their designated
agent, shall attend all hearings and shall present to the Board of
Appeals all plans, photographs or other materials they deem appropriate
for an understanding of the appeal.
(5)
The appellant's case shall be heard first. To maintain
orderly procedure, each side shall proceed without interruption. Questions
may be asked through the Chair. All persons at the hearing shall abide
by the order of the Chair.
(6)
Within 20 days of the public hearing, the Board of Appeals shall
reach a decision on the requested appeal. Notice of any decision must
be mailed or hand delivered to the appellant, the appellant's representative
or agent, the Planning Division and the City Council within seven
days of the Board's decision. Failure of the Board to render a decision
within 20 days of the hearing will result in a denial of the appeal,
unless the appellant agrees to an extension of the twenty-day period.
[Amended 4-27-2015 by Ord. No. 15-136]
(7)
Upon notification of the decision of the Board of
Appeals, the Code Enforcement Officer shall take all necessary action
as instructed by said Board.
F.
The Board shall apply the standard of review specifically
set forth in the ordinance from which the appeal is taken. If an ordinance
does not specifically set forth a different standard of review, the
Board may interpret the provisions of the ordinance which forms the
basis of the appeal.
G.
The Board may modify or reverse the action or determination
from which the appeal was taken by the Board by a concurring vote
of at least four of its members.
H.
Appeals to Superior Court. Further appeals may be
taken from any action of the Board of Appeals by any party, including
the City of Bangor, to the Superior Court in accordance with Rule
80B of the Maine Rules of Civil Procedure.
[Amended 9-23-2002 by Ord. No. 02-342]
