The Code Enforcement Officer shall administer and enforce this
chapter.
The Board of Appeals shall adopt reasonable rules necessary
to the conduct of its affairs in accordance with this chapter.
[Amended 4-11-2022 by Ord. No. 02-2022; 5-9-2022 by Ord. No. 09-2022]
Appeal from a decision of the Board of Appeals may be taken
to the superior court within 45 days after decision pursuant to 30-A
M.R.S.A. § 2691.
[Amended 8-14-2017 by Ord. No. 9-2017]
A. Variance means a relaxation of
the terms of this chapter where such variances are not the result
of the actions of the applicant and a literal enforcement of this
chapter would result in unnecessary and undue hardship. A variance
is authorized only for height, area, and size of structure or size
of yards and open spaces. Establishment or expansion of a use otherwise
prohibited shall not be allowed by variance, nor shall a variance
be granted because of the presence of nonconformities in the zoning
district or adjoining zoning districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) Upon duly made appeal, the
Board of Appeals may grant a variance in cases for which literal enforcement
of this chapter would cause undue hardship. The words "undue hardship"
as used in this subsection mean:
(a) The land in question cannot
yield a reasonable return unless a variance is granted;
(b) The need for the variance
is due to the unique circumstances of the property and not to the
general conditions of the neighborhood;
(c) The granting of a variance
will not alter the essential character of the locality; and
(d) The hardship is not the
result of action taken by the applicant or a prior owner.
(2) No variance shall be given
to permit a use otherwise prohibited in the district.
(3) A variance shall be given
the same kind of validity as a building permit.
(4) Notice of an appeals hearing
before the Board of Appeals for a variance shall be the responsibility
of the applicant. The notice shall be sent by certified mail to all
property owners, on either side of the road, within 200 feet of the
affected premises at least 10 days prior to any such appeal hearing.
The Code Enforcement Office will maintain a list of property owners
who were mailed notices and said office will record the date the notices
were mailed. Failure of any property owner to receive such a notice
of an appeal hearing concerning a variance shall not necessitate another
hearing or invalidate any action by the Board of Appeals.