[HISTORY: Adopted by the Town Meeting of
the Town of Madison 4-3-1978. Amendments noted where applicable.]
There is hereby established a Board of Appeals
for the Town of Madison, which shall be known as the Madison Board
of Appeals (hereinafter referred to as the "Board of Appeals").
The Board of Appeals shall consist of five members,
who shall elect a Chairman and a Secretary from among their number.
The members of the Board of Appeals shall be appointed and their compensation
shall be determined by the Selectmen. Each member shall serve for
a term of three years, except that initially one member shall be appointed
to serve for a term of one year, and two members shall be appointed
to serve for a term of two years each, in order that the terms of
all members shall thereafter be staggered. If a permanent vacancy
shall exist, the remainder of such member's term shall be filled by
appointment of the Selectmen.
The organization of the Board of Appeals, the
qualifications of its members, the powers of the Chairman and Secretary,
and the procedures of the Board of Appeals shall be as provided in
30-A M.R.S.A § 2691, as the same may now or hereafter be
amended, and as supplemented by the provisions of this chapter. The
Board of Appeals shall have the power to adopt reasonable rules and
regulations necessary or helpful to implement the provisions of this
chapter.
[Amended 6-12-2017]
A.
The Board of Appeals shall have the power to hear and determine all requests of variances pursuant to Chapter 478, Shoreline Zoning, Chapter 484, Site Review, Chapter 490, Subdivision of Land, and Chapter 422, Floodplain Management, and Chapter 148, Animals, of the Code of the Town of Madison, as the same may now or hereafter be amended. A request for a variance shall be made by application for variance, which shall be prepared and filed in substantially the same manner and within the same time as set forth in § 7-6. After public notice pursuant to § 7-7, the Board of Appeals shall conduct a public hearing on the application for variance and shall determine the same by majority vote in accordance with its procedures and the criteria set forth in the applicable Town ordinance. Notice of the decision shall be given in accordance with the provisions of § 7-9.
[Amended 6-10-2019]
B.
Granting
variance requests shall be based on a determination that the current
regulation would create an undue financial burden on the applicant
and/or render the property unsuitable for conducting business.
A.
The Board of Appeals shall have the power to hear
and determine all appeals by any person directly affected by any decision,
action or failure to act with respect to any license, permit, variance
or other required approval, or any application therefor, including
conditional grant, denial, suspension, or revocation of any such license,
permit, variance or other approval (hereinafter a "decision"):
(1)
Rendered by the Code Enforcement Officer or the Planning Board pursuant to Chapter 478, Shoreland Zoning, of the Code of the Town of Madison;
(2)
Rendered by the Code Enforcement Officer or Building
Inspector relating to building code enforcement pursuant to any statute
or Town ordinance;
(3)
Rendered by the General Assistance Administrator pursuant to Chapter 200, General Assistance, of the Code of the Town of Madison, or the Maine statutes relating to general assistance;
(4)
Rendered by the Planning Board or the Selectmen pursuant to Chapter 490, Subdivision of Land, of the Code of the Town of Madison or the Maine subdivision statute;
(5)
Rendered by the Selectmen or the Assessors pursuant
to 36 M.R.S.A. § 841 and 2060 (relating to the abatement
of taxes);
(6)
Rendered by the Selectmen pursuant to Chapter 142, Amusement Permits, of the Code of the Town of Madison or 28-A M.R.S.A. § 1054 (also relating thereto);
(7)
Rendered by the Selectmen or the Road Commissioner pursuant to Chapter 339, Street Design and Construction Standards, of the Code of the Town of Madison;
(8)
Rendered by the Selectmen pursuant to Chapter 26, Cemeteries, of the Code of the Town of Madison;
(9)
Rendered by the Planning Board or the Code Enforcement Officer pursuant to Chapter 422, Floodplain Management, of the Code of the Town of Madison;
(10)
Rendered by the Selectmen pursuant to 25 M.R.S.A.
§ 2003 (relating to the carrying of concealed weapons) or
the Policy Regarding Applications for Licenses to Carry Concealed
Weapons;
(11)
Rendered by the Selectmen pursuant to Chapter 767, Warning Sign Requests, of the Code of the Town of Madison;
(12)
Rendered by the Selectmen pursuant to Chapter 189, Excavations, of the Code of the Town of Madison;
(13)
Rendered by the Code Enforcement Officer or Building
Inspector pursuant to the Madison Sanitary Code;
(14)
Rendered by the Membership Committee of the Madison
Fire Department or of the East Madison Fire Department pursuant to
the ordinances regarding the organization of such Fire Departments,
respectively,[1] with respect to the admission of new members, and the
dismissal, suspension and other discipline of members;
(15)
Rendered by the Town Manager (or other designated
Hearing Officer) or the Selectmen pursuant to Section V(H) of the
Town of Madison Personnel Policy relating to grievances and disciplinary
procedures with respect to Town employees and officers;[2]
[2]
Editor's Note: Refers to an older version
of the Personnel Policy. The current policy is on file in the Town
offices.
(16)
Rendered by the Selectmen, the Plumbing Inspector,
the Electrical Inspector or such other officer as may be designated
by statute, or by Town ordinance implementing such statute, pursuant
to any of the provisions of Subchapters I and X (inclusive) of Chapter
215 of Title 30 of the Maine Revised Statutes Annotated;[3]
[3]
Editor's Note: Laws 1987, c. 737, § A,
1, repealed Parts 1 to 3 of Title 30. See now M.R.S.A. Title 30-A,
Part 2, Municipalities, Subpart 6, Regulation, Licenses and Permits,
Chapter 185, Regulation of Construction and Permits (30-A M.R.S.A.
§ 4101 et seq.), which regulates buildings, electrical installations
and plumbing.
(17)
Rendered pursuant to, and by such official or officials
as may be specified in, any Town ordinance that may hereafter be enacted
which specifically provides that an appeal from a decision may be
taken to the Board of Appeals.
B.
All as such statutes, ordinances and policies may
now or hereafter be amended.
A.
Appeal from a decision shall be by notice of appeal
on a form to be prescribed for such purpose. The notice of appeal
shall be signed by the person taking the appeal, shall include such
person's full name and mailing address, shall identify the decision
as to which the appeal is being taken, and shall briefly state the
basis of or reason for the appeal.
B.
The notice of appeal shall be filed with the Board
of Appeals by delivery in person to or by mail received by the Town
Clerk not later than 30 days after notice of decision is given by
the official rendering the decision, together with payment of a uniform
filing fee as determined by the Board of Appeals, which shall not
exceed $20.
C.
The date of the giving of notice of decision shall
be the date on which written notice of the decision is mailed or delivered
in person to the person whose application or other conduct required
the decision to be rendered. If the officer required to give notice
of decision fails to do so within the period prescribed in the applicable
statute or ordinance, notice of decision shall be deemed to have been
given on the last day prescribed for the giving thereof.
If a public hearing is required by the statute
or ordinance, or if the Board of Appeals determines in its discretion
that a public hearing shall be held, public notice state the time,
place and subject matter of the hearing shall be given, not less than
seven days nor more than 45 days prior to the hearing:
A.
To the public, by publication of the notice in two
successive editions of the local weekly or daily newspaper and;
B.
If the matter involves the use of buildings or premises,
to the owners of all real property lying within 500 feet of the premises
in question, by mailing a copy of the notice to such owners; provided,
however, that ownership of such real property shall be conclusively
presumed by the Town tax assessment records, and provided further
that the failure of any owner to receive the notice shall not invalidate
any action taken at our pursuant to the public hearing nor require
that another hearing be held.
A.
After reviewing a decision in accordance with its
procedures, the Board of Appeals may:
(1)
Affirm the decision in whole or in part;
(2)
Reverse the decision in whole or in part;
(3)
Vacate the decision in whole or in part and order
new proceedings to be held by the officer rendering the decision,
either in their entirety or limited to such issues of law or fact,
or both, as the Board of Appeals may direct.
B.
The such decision by the Board of Appeals shall be
in writing, with the vote of each participating member being indicated
thereon, and shall state with reasonable particularity the basis of
the decision, including the grounds therefor upon all material issues
of law or discretion presented, and any factual findings necessary
to support the decision. Notice of the decision (to which a copy of
the decision shall be attached) shall be mailed or delivered in person
to the person taking the appeal, to the officer rendering the decision
from which the appeal was taken, and to the Selectmen, within seven
days of the rendering of the decision. The notice of decision shall
include a statement of the time for seeking review by the Superior
Court.
Review of a decision of the Board of Appeals
shall be by the Superior Court in accordance with applicable statutes
and the procedures of Rule 80B of the Maine Rules of Civil Procedure,
as the same may now or hereafter be amended. In any case where the
Board of Appeals refuses, fails or neglects to give notice of its
decision, the Board of Appeals shall be deemed to have rendered a
decision adverse to the party seeking review and notice thereof shall
be deemed to have been duly given 15 days following the last day prescribed
herein for the giving of such notice.
Any provision of a Town ordinance (whether heretofore
or hereafter enacted or amended) which is inconsistent with or contrary
to any provision of this chapter with respect to any matter governed
hereby is repealed and declared void and of no effect, and the provision
or provisions of this chapter with respect to such matter shall be
controlling; provided, however, that if any such provision of a Town
ordinance (whether heretofore or hereafter enacted or amended) is
adopted to conform such ordinance to a specific provision of state
law, then, in such instance, the conforming provision of such other
Town ordinance shall remain in effect and shall control over the inconsistent
provision or provisions hereof.
This chapter and any of the provisions hereof may be amended, modified or repealed, in whole or in part, by majority vote of the governing body in accordance with the then-applicable procedures for amendment of Town ordinances; provided, however, that if any Town ordinance shall hereafter be enacted or amended to specifically provide that appeals from a decision rendered pursuant thereto shall be taken to the Board of Appeals, the jurisdiction of the Board of Appeals set forth in § 7-5 hereof shall thereby be enlarged pursuant to Subsection A(17) of said § 7-5, without the necessity for a vote of the governing body specifically amending this chapter.
This chapter shall become effective 30 days
after the adoption hereof by the voters at any Annual or Special Town
Meeting called for such purpose.
