[Adopted 3-10-1977; amended 1-31-1996; 4-24-2004; 6-5-2007; 6-25-2009]
This article shall be known as the "Islesboro Board of Appeals
and Board of Assessment Review Ordinance."
[Amended 6-6-2012]
This article is enacted under the authority of 30-A M.R.S.A.
§§ 2526(6), 2691 and 4353 and 36 M.R.S.A. § 843.
The purpose of this article is to provide a vehicle and process
of appeal from decisions made by officials and committees of the Town
of Islesboro.
A 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 vote of the members, excluding the
member who is being challenged.
A member of the Board may be dismissed for cause by the Board
of Selectmen before expiration of the member's term.
[Amended 6-6-2012]
Any party may take an appeal within 45 days of the date of the
vote on the original decision or 15 days from the date of the vote
on the decision on reconsideration, if the original decision is reconsidered,
to Superior Court from any order, relief or denial in accordance with
Maine Rules of Civil Procedure, Rule 80B.
The Board shall hear appeals only on matters within its jurisdiction.
A. The Board shall hear appeals from decisions made by the Planning Board and the Codes Enforcement Officer under the provisions of Chapter
125, Land Use, and Chapter
45, Development Review; the Town Manager; and as provided for below.
[Amended 5-10-2014]
B. The Board may grant variances from Chapter
125, Land Use, and Chapter
45, Development Review, for reasons of hardship and as further provided in §§
15-11 and
15-12 of this article.
C. The Board shall hear appeals from decisions of the Pollution Control Committee and the Codes Enforcement Officer acting under the provisions of Chapter
167, Pollution Control. The Board is limited to hearing appeals from decisions made in §
167-12A,
B, and
C of that ordinance only.
[Amended 6-6-2012]
D. The Board shall hear appeals from decisions made under the provisions
of ordinances or regulations that contain an appeal procedure identified
as being within the responsibilities of the Board.
E. The Board shall hear appeals from the decisions made by the Town
Manager in the following cases only:
(1) Town employee appeals from disciplinary suspension or disciplinary
termination of employment. Appeals of disciplinary termination of
employment shall be heard within 15 calendar days of the filing of
the appeal.
(2) Those grievances permitted to be appealed to the Board by the Town
of Islesboro Policies and Procedures Manual. The Board may refuse
to hear appeals by Town employees that are frivolous or do not meet
the limitations on appeal set forth in this section.
The Board may grant variances from the provisions of Chapter
125, Land Use, and the provisions of Chapter
45, Development Review.
A. Undue hardship. A variance may be granted by the Board only where
strict application of the ordinance, or a provision thereof, to the
petitioner and the petitioner's property would cause undue hardship.
The words "undue hardship" as used here mean:
(1) That the land in question cannot yield a reasonable return unless
a variance is granted;
(2) That the need for a variance is due to the unique circumstances of
the property and not the general condition in the neighborhood;
(3) That the granting of a variance will not alter the essential character
of the locality; and
(4) That the hardship is not the result of action taken by the applicant
or a prior owner.
B. Disability. A variance may be granted by the Board to the owner of
a dwelling for the purpose of making that dwelling accessible to a
person with a disability who resides in or regularly uses the dwelling.
(1) The Board shall restrict any variance granted under this provision
solely to the installation of equipment or the construction of structures
necessary for access to or egress from the dwelling by the person
with the disability.
(2) The Board may impose conditions on the variance, including limiting
the variance to the duration of the disability or to the time that
the person with the disability lives in the dwelling.
(3) For the purposes of this provision, a disability has the same meaning
as a physical or mental disability under the Maine Human Rights Act, and the term "structures necessary for access to or egress
from the dwelling" is defined to include railing, wall or roof systems
necessary for the safety or effectiveness of the structure.
[Amended 6-6-2012]
C. Setback variance for single-family dwellings. A variance may be permitted
from a setback requirement only when strict application of the ordinance
to the petitioner and the petitioner's property would cause undue
hardship, which means that the application meets each of the criteria
listed below:
(1) The application is for a single-family dwelling that is the primary
year-round residence of the petitioner.
(2) A variance under this provision may not exceed 20% of a setback requirement
and may not be granted if the variance would cause the area of the
dwelling to exceed the maximum permissible lot coverage.
(3) A variance under this subsection may exceed 20% of a setback requirement
(other than minimum setbacks from a wetland or water body required
within shoreland districts by rules adopted pursuant to 38 M.R.S.A.
Chapter 3, Subchapter 1, Article 2-B) if there is undue hardship and
the petitioner has obtained the written consent of affected abutting
landowners.
D. Variance from dimensional standards. The Board may grant a variance
from the dimensional standards of an ordinance when strict application
of the ordinance to the petitioner and the petitioner's property
would cause a practical difficulty, which means that the application
meets each of the criteria listed below:
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Note: As used in this provision, "dimensional standards" means
and is limited to ordinance provisions relating to lot area, lot coverage,
frontage and setback requirements. As used in this provision, "practical
difficulty" means that the strict application of the ordinance to
the property precludes the ability of the petitioner to pursue a use
permitted in the district in which the property is located and results
in significant economic injury to the petitioner.
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(1) The need for a variance is due to the unique circumstances of the
property and not to the general condition of the neighborhood.
(2) The granting of a variance will not produce an undesirable change
in the character of the neighborhood and will not unreasonably detrimentally
affect the use or market value of abutting properties.
(3) The practical difficulty is not the result of action taken by the
petitioner or a prior owner.
(4) No
other feasible alternative to a variance is available to the petitioner.
(5) The granting of a variance will not unreasonably adversely affect
the natural environment.
(6) The property is not located in whole or in part within shoreland
areas as described in 38 M.R.S.A. § 435.
E. Any variance granted by the Board in a Resource Protection District,
Shoreland Protection District, Meadow Pond District, or Maritime Activities
District shall be reported to the Commissioner of the State of Maine
Department of Environmental Protection.
[Amended 6-6-2012]
[Amended 6-6-2012]
The Board of Assessment Review shall hear appeals from decisions
made by the appointed Assessor pursuant to procedures set forth in
30-A M.R.S.A. § 2691, Subsection 3, and rules set forth
in 36 M.R.S.A. §§ 843 to 849.
If any section, subsection, sentence, clause, phrase or any
other portion of this article is in conflict with any ordinance, manual
or written policy of the Town of Islesboro regarding the right of
appeal, manner of appeal, grounds for appeal or timetable for appeal
to the Board of Appeals or the Board of Assessment Review, the provisions
of this article shall prevail.
[Adopted 3-14-1985; amended 6-15-1992]
[Amended 6-6-2012]
Pursuant to 30 M.R.S.A. § 3001, the Town of Islesboro
hereby establishes the Town of Islesboro Planning Board.