[11-6-2024]
An applicant for a Type 1 mandatory in-town design review permit may request an administrative appeal of a decision by the In-Town Design Review Committee, or may request a certificate of economic hardship variance from the Belfast Zoning Board of Appeals. The process for the review of an application for an administrative appeal or a certificate of economic hardship variance are identified in this article. An applicant cannot request either an administrative appeal or a certificate of economic hardship variance for a Type 2 major voluntary in-town design review permit or a Type 3 minor voluntary in-town design review permit since any decision of the In-Town Design Review Committee with respect to said permit is non-binding on an applicant.
[11-6-2024]
(a) 
Process to receive and review an appeal. An applicant who has received or has been denied the issuance of a Type 1 mandatory in-town design review permit by the In-Town Design Review Committee may file and request that the Zoning Board of Appeals consider an application for an administrative appeal regarding the Committee decision on said permit and their interpretation of the requirements of Chapter 80, In-Town Design Review. The following standards identified in Chapter 102, Zoning, Article II, Administration, Section 102-134 shall apply to said administrative appeal: (a) filing; (b) public hearing required, notice; (c) failure to receive notice; (d) right of parties to appear by agent or attorney; (e) attendance at hearing by City officials; (f) de novo review; and (g) conduct of hearing.
(b) 
Standard of review of an appeal. The Zoning Board of Appeals shall act as an appellate board which shall entertain all evidence of record submitted in the underlying hearing, including any transcripts, findings of fact, and decisions made by the In-Town Design Review Committee. The Board shall review the entire record and determine if the evidence of record compels the Zoning Board of Appeals to find that all or part of the decision on appeal was arbitrary or capricious and compels a contrary decision based on substantial evidence in the record. In such administrative appeals the Zoning Board of Appeals is hereby authorized to take the following action.
(1) 
Approve the decision issued by the In-Town Design Review Committee.
(2) 
Reverse in total the decision of the In-Town Design Review Committee.
(3) 
Remand to the Design Review Committee for further proceedings necessary to:
a. 
Compare the record in the event that the Board finds it unable to render a decision due to the absence of critically important factual information;
b. 
Consider how a decision of the Zoning Board of Appeals to reverse part of the decision of the Design Review Committee affects the proposed improvement; or
c. 
Remand for further proceedings consistent with the order of the Zoning Board of Appeals.
The actions described in Subsections (c) through (e) below may or shall occur in response to the above decisions of the Zoning Board of Appeals.
(c) 
Zoning Board of Appeals decision to approve decision issued by the In-Town Design Review Committee. If the Zoning Board of Appeals acts pursuant to Subsection (b)(1) above to approve a decision of the In-Town Design Review Committee an aggrieved applicant may appeal said decision to the Maine Superior Court.
(d) 
Zoning Board of Appeals decision to reverse in total a decision of the In-Town Design Review Committee. If the Zoning Board of Appeals chooses to reverse a decision of the In-Town Design Review Committee, Subsection (b)(2) above, the decision of the Zoning Board of Appeals shall be binding unless said decision is appealed to the Superior Court.
(e) 
Remand by Zoning Board of Appeals. If the Zoning Board of Appeals chooses to reject in part a decision of the In-Town Design Review Committee and to remand a specific decision to the In-Town Design Review Committee, pursuant to Subsection (b)(3) above, the membership of the In-Town Design Review Committee which initially heard the application shall sit in review of the remand order. The Committee shall confine its review to the remand decision issued by the Zoning Board of Appeals, and shall issue findings describing how it has addressed issues identified in the order from the Zoning Board of Appeals. The decision of the In-Town Design Review Committee regarding such a remand is subject to the administrative appeal procedure identified in this section.
[11-6-2024]
(a) 
An applicant that asserts it cannot comply with conditions of approval established by the In-Town Design Review Committee for issuance of a Type 1 mandatory in-town design review permit may apply to the Zoning Board of Appeals for relief by issuance of a certificate of economic hardship. Said application shall be submitted on the official form within 30 days of the written notice of decision of the In-Town Design Review Committee to the Code and Planning Department. The Department shall schedule the request for a Certificate for a meeting before the Zoning Board of Appeals. Zoning Board of Appeals review of the application shall occur in accordance with the process for the review of variances that is described in Chapter 102, Zoning, Article II, Administration, Section 102-133, Variances.
(b) 
The Zoning Board of Appeals shall approve an application for a certificate of economic hardship only upon a determination that applicant compliance with conditions of approval established by the In-Town Design Review Committee will result in the loss of all reasonable use of the structure.
(c) 
In considering an application for a certificate of economic hardship, the Zoning Board of Appeals shall consider among other things any evidence presented concerning the following:
(1) 
Any opinion from a licensed engineer or architect with experience in renovation, restoration or rehabilitation as to the structural soundness of the structure and its suitability for continued use, renovation, restoration or rehabilitation.
(2) 
Any estimates of the cost of the proposed alteration, construction, demolition or removal and an estimate of any additional cost that would be incurred to comply with the conditions of approval established by the Committee.
(3) 
Any estimates of the market value of the property in its current condition; after completion of the proposed alteration, construction, demolition or removal; and after any expenditures necessary to comply with conditions of approval established by the Committee.
(4) 
A comparison of the cost of improvements associated with Subsection (c)(1) through (3) above, as proposed by the applicant, and the cost of improvements required to comply with conditions of approval established by the Committee.
(5) 
Information supplied by the applicant with respect to the following:
a. 
The assessed value of the property and/or the structure for the current year.
b. 
Real property taxes paid for the previous two years.
c. 
The amount paid for the property by the owner, the date of purchase and the party from whom purchased.
d. 
The current balance of any mortgages or other financing secured on the property and annual debt service on the property.
e. 
Any appraisals obtained within the last two years.
f. 
Any listings of the property for sale or rent, including the price asked and offers received, if any within the past two years.
g. 
All studies commissioned by the owner as to the profitable renovation, rehabilitation or utilization of any structures on the property.
h. 
For income producing property, itemized income and expense statements for the property for the previous two years.
Notwithstanding this list of information, the Zoning Board of Appeals may request additional information to assist in its decision regarding the issuance for a certificate of economic hardship.
(d) 
The Zoning Board of Appeals, in its written decision, shall define why or why not the certificate of economic hardship should or should not be granted, and the specific conditions that apply to the issuance of a certificate. The only appeal of any decision regarding issuance or denial of an economic hardship variance shall be to the Superior Court.