There shall be a Board of Appeals of five members, all of whom shall be residents of the Town of Standish. The members of the Board shall be appointed by the Town Council of the Town of Standish. Terms of members shall be for three years, except that initial appointments shall be such that the terms of office of no more than two members shall expire in any single year. The members of the Board shall annually elect a Secretary and Chairman, who shall provide for the keeping of the minutes of the proceedings of the Board of Appeals, which shall show the vote of each member upon each question. All minutes of the Board shall be public record. A quorum shall consist of three members.
A. 
Appeals shall lie from the decision of the Code Enforcement Officer to the Board of Appeals and from the Board of Appeals to the Superior Court according to the provisions of the Maine Revised Statutes. Applicants must have legal standing, as determined by the Zoning Board of Appeals, for an application to be heard. The Board of Appeals shall have the following powers and duties:
(1) 
Administrative appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Part 1 only. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of the majority of the quorum of the Board.
(2) 
Special exceptions. To hear and decide only those special exceptions which are authorized by this Part 1 and which are specifically listed in the various zoning districts as special exceptions, and to act on applications for the enlargement of nonconforming uses, which shall be treated as special exceptions; to decide such questions as are involved in determining whether such special exceptions should be granted, and by majority vote to grant such special exceptions with such conditions and safeguards as are appropriate under this Part 1, or to deny such special exceptions when not in harmony with the purposes and intent of this Part 1.
(a) 
The petitioner shall submit seven copies to the Board of statements in writing, which may be accompanied by diagrams and/or photographs which shall become part of the record of such petition, demonstrating the following:
[Amended 2-13-2007 by Order No. 185-06]
[1] 
The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off-site and on-site, serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, and the visibility afforded to pedestrians and the operators of motor vehicles on such roads;
[2] 
The proposed use will not cause water pollution, sedimentation, erosion, contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous or unhealthy condition results;
[3] 
The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;
[4] 
The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or unreasonably restrict access of light and air to neighboring properties;
[5] 
The proposed waste disposal systems are adequate for all solid and liquid wastes generated by the use; and
[6] 
The proposed use will not result in damage to spawning grounds, fish, aquatic, life, bird, or other wildlife habitat, and, if located in a shoreland zone, will conserve:
[a] 
Shoreland vegetation;
[b] 
Visual points of access to waters as viewed from public facilities; and
[c] 
Actual points of access to waters.
[7] 
The proposed use has no unusual characteristics atypical of the generic use, and the proposed use will not depreciate the economic value of surrounding properties based upon evidence provided by a Maine licensed real estate broker or appraiser.
B. 
Variance appeals from dimensional standards.
[Amended 2-14-2012 by Order No. 138-11]
(1) 
The Board of Appeals may grant a variance from the dimensional standards of a zoning ordinance when strict application of the ordinance to the petitioner and the petitioner's property would cause a practical difficulty and when the following conditions exist:
(a) 
The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood.
(b) 
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.
(c) 
The practical difficulty is not the result of action taken by the petitioner or a prior owner.
(d) 
No other feasible alternative to a variance is available to the petitioner.
(e) 
The granting of a variance will not unreasonably adversely affect the natural environment.
(f) 
The property is not located in whole or in part within shoreland areas as described in 38 M.R.S.A. § 425.
(2) 
As used in this section, "dimensional standards" means and is limited to ordinance provisions relating to lot area, lot coverage, frontage and setback requirements.
(3) 
As used in this section, "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 zoning district in which the property is located and results in significant economic injury to the petitioner.
C. 
Disability variances. Notwithstanding § 181-64B above or § 181-64D below, the Board of Appeals may grant a variance to an owner of a residential building for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection 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. 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. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
[Added 2-14-2012 by Order No. 138-11[1]]
[1]
Editor's Note: This order also redesignated former Subsection C as Subsection E.
D. 
Variances other than dimensional or disability variances. A variance other than a dimensional or disability variance, or a variance for property that is located in whole or in part within shoreland areas, as described in 38 M.R.S.A. § 435, shall only be granted when strict application of this Part 1 or any provision thereof to the petitioner's property would cause undue hardship. No variance shall be granted hereunder for establishment or expansion of a use otherwise prohibited. The words "undue hardship" mean that the Board shall have determined that the following criteria have been met:
[Added 2-14-2012 by Order No. 138-11]
(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 to the general conditions 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 petitioner or a prior owner.
E. 
The Board of Appeals shall schedule meetings once a month. The Board shall not be required to hold a meeting if no appeals are pending at the schedule date.
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 vote of the members, except the member who is being challenged.
In granting appeals under this article, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this Part 1.
A. 
In all cases, a person aggrieved by a decision of the Code Enforcement Officer shall commence his appeal in accordance with the Maine Revised Statutes within 30 days of the decision. The appeal shall be filed with the Town Clerk on forms to be approved by the Board, and the aggrieved person shall specifically set forth on said form the grounds for said appeal.
[Amended 6-6-2006 by Order No. 54-06]
B. 
Before taking action on any appeal, the Board of Appeals shall hold a public hearing. In appeals involving special exceptions, the Board of Appeals shall notify by mail the owners of all property within 250 feet of the property involved of the nature of the appeal and of the time and place of the public hearing thereon.
C. 
In the case of administrative or variance appeals or interpretation, the Board of Appeals shall notify by mail only the owners of property abutting the property for which an appeal is taken of the nature of the appeal and of the time and place of the public hearing thereon.
D. 
Fees to cover the administrative costs of appeals shall be set by the municipal officers annually.
E. 
For the purposes of this section, the owners of property shall be considered to be the parties listed by the Assessor of Taxes for the Town of Standish as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
F. 
Following the filing of an appeal, the Board of Appeals for the Town of Standish shall notify forthwith the Code Enforcement Officer and the Planning Board, and the appeal shall be in order for hearing at the next meeting of the Board of Appeals following, by at least 10 days, the mailing of notices.
G. 
The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs or other material he deems appropriate for an understanding of the appeal.
H. 
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 hearings shall abide by the order of the Chairman.
I. 
A right of appeal under the provisions of this Part 1 secured by vote of the Board of Appeals shall expire if the work or change involved is not commenced within six months of the date of which the appeal is granted and if the work or change is not substantially completed within two years of the date on which such appeal is granted.
J. 
If the Board of Appeals shall deny an appeal, a second appeal of a similar nature shall not be brought before the Board within one year from the date of the denial by the Board of the first appeal, unless in the opinion of a majority of the Board substantial new evidence shall be brought forward or unless the Board finds, in its sole and exclusive judgment, that an error or mistake of law or misunderstanding of facts shall have been made.