[3-7-2023(1)]
The Zoning Board of Appeals shall have the following powers:
(1) 
Administrative appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the enforcement or administration of this Chapter. Notwithstanding this provision, the Zoning Board of Appeals does not have the authority to hear and decide appeals on a shoreland permit subject to contract rezoning provisions.
(2) 
Variance appeals. To authorize variances upon appeal, within the limitations set forth in this Chapter.
A request for an administrative appeal or variance shall comply with the procedures described in Chapter 102, Zoning, Article II, Administration, Division 4, Appeals and Variances.
[3-7-2023(1)]
(a) 
Permitted variances. Variances may be permitted only under the following conditions:
(1) 
Undue hardship variances. Variances may be granted only from dimensional requirements, including but not limited to lot width, structure height, percent of lot coverage, structure setback, and vegetation cutting or cover requirements.
(2) 
Use variances. Variances shall not be granted for establishment of any uses otherwise prohibited by this Chapter.
(3) 
Disability variances. The criteria for granting a disability variance is defined in Chapter 102, Zoning, Section 102-133.
(b) 
(Reserved)
(c) 
Required findings.
(1) 
The Board shall not grant a variance unless it finds that:
a. 
The proposed structure or use would meet the provisions of Article V of this Chapter except for the specific provision which has created the nonconformity and from which relief is sought; and
b. 
The strict application of the terms of this Chapter would result in undue hardship.
(2) 
For purposes of this subsection, the term "undue hardship" is defined by criteria established in Chapter 102, Zoning, Section 102-133(a).
(d) 
Conditions. The Zoning Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of this Chapter to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
(e) 
Review of proposed variances by State. A copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the City to the Commissioner of the State Department of Environmental Protection at least 20 days prior to action by the Zoning Board of Appeals. Any comments received from the Commissioner prior to action by the Zoning Board of Appeals shall be made part of the record and shall be taken into consideration by the Zoning Board of Appeals.
(f) 
Submission of copies of granted variances to State. A copy of all variances granted by the Zoning Board of Appeals shall be submitted to the State Department of Environmental Protection within 14 days of the decision.
[3-7-2023(1)]
(a) 
Violations deemed nuisance. Any violation of this Chapter shall be deemed to be a nuisance.
(b) 
Enforcement procedure.
(1) 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Chapter. If the Code Enforcement Officer finds that any provision of this Chapter is being violated, the Officer shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the City Manager and be maintained as a permanent record.
(2) 
The Code Enforcement Officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this Chapter.
(3) 
The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land Quality Control within the State Department of Environmental Protection.
(c) 
Legal action; consent agreements. When the action described in Subsection (b) of this Section does not result in the correction or abatement of the violation or nuisance condition, the City Council, upon notice from the Code Enforcement Officer, is hereby authorized to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this Chapter in the name of the City. The City Council, or its authorized agent, is hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Chapter and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by the Code Enforcement Officer, and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
(d) 
Penalties; additional remedies.
(1) 
Any person, including but not limited to a landowner, a landowner's agent or a contractor, who violates any provision of this Chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.
(2) 
In addition, the City shall be entitled to all of the relief, including its costs and legal fees, as allowed by 30-A M.R.S.A. § 4452. Notwithstanding any provision to the contrary, including the provisions of 30-A M.R.S.A. § 4452, the City shall be entitled to judgment against any violator for its costs, expert witness fees, code enforcement expenses, and attorneys' fees incurred in enforcing this Chapter.
(3) 
The City shall also have the right to enforce this Chapter through civil action, either at law or equity. The enforcement provisions contained in this Section shall exist in addition to those which may exist under state statutory law or Rule 80K of the Maine Rules of Civil Procedure, or any other court rule or statutory provision.
(4) 
Each and every day of violation shall constitute a new and separate offense for which a minimum penalty of $100 shall be assessed.
(5) 
Penalties include fines of not less than $100 and not more than $2,500 per violation for each day that the violation continues.