[Adopted 10-2-1990 as § 09.02 of the 1990 Code; amended in its entirety 12-7-2004 by Ord. No. 2004-9]
Pursuant to the provisions of 30-A M.R.S.A. § 2691, as amended, there is hereby established a Board of Appeals for the Town of Bar Harbor.
The Board shall consist of five members and one associate member, all of whom shall be residents of Bar Harbor. The members and associate member of the Board shall be appointed by the Town Council for terms of three years. The associate member may not hold any office on the Board. At the first meeting of the Board in July of each year, the members elect one of their number Chair to preside at all meetings of the Board; one of their number Vice Chair, to serve as Chair in the absence of the Chair; and one of their number Secretary. A person shall forfeit their membership on said Board if they fail to attend three meetings of the Board in any one calendar year without being excused by the Board.
When a member is unable to act because of interest, physical incapacity, or any other reason satisfactory to the Chair, the Chair shall designate the associate member to act in their stead. When designated by the Chair to act, the associate member shall have all the authority and responsibility of a member.
In the event that a vacancy occurs by nonacceptance of appointment, resignation, abandonment, death, disability, incompetency, forfeiture or failure to qualify after written demand from the Town Council; the Town Council shall appoint a resident of Bar Harbor to fill the unexpired term.
The Board shall have the power to hear and decide any appeal by any person, affected directly or indirectly, from any decision, order, rule or failure to act of any officer, board, agency or other body where such appeal has been authorized by the Town of Bar Harbor by ordinance specifying the precise subject matter that may be appealed to the Board and the official or officials whose action or nonaction may be appealed to the Board.
Except to the extent that they are inconsistent with the provisions of this article, all the provisions of 30-A M.R.S.A. § 2691, as amended, shall apply to and govern the organization, procedures and jurisdiction of the Board of Appeals.