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Maine Town City Zoning Code

ARTICLE XI

Board of Appeals

§ 450-52 Membership.

The Town Board shall appoint a Board of Appeals pursuant to § 267 of the Town Law. Said Zoning Board of Appeals shall consist of five members. The Town Board shall designate the Chairperson thereof. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.
The Town Board of the Town of Maine may, in any year it deems necessary, appoint temporary ad hoc members to the Zoning Board of Appeals to serve as provided in this section. The number of temporary members so appointed pursuant to this section in any year shall not exceed three. Each temporary member shall be appointed for a one-year term of office. The Chairman of the Zoning Board of Appeals shall assign the temporary members as necessary when absence of regular members of the Board or a conflict of interest of regular member of the Board would otherwise prevent five members of the Zoning Board of Appeals from considering any pending matter. No more than two temporary members shall sit in determination on any pending matter. The temporary members shall be designated on a rotating basis in the manner provided in the general governing rules of the Zoning Board of Appeals so that each temporary member shall be afforded an equal opportunity to serve. Once designated to serve on a particular matter before the Board, the temporary member shall have the same powers and duties as regular members of the Zoning Board of Appeals until the matter is concluded. Any determination by the Zoning Board of Appeals consisting of temporary members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals and all laws, statutes and regulations shall apply and be applied with equal force and effect. Temporary members appointed pursuant to this section shall be paid for their respective services and/or reimbursed for their expenses as fixed by resolution of the Town Board of the Town of Maine.
The Zoning Board of Appeals and its members shall be governed by, and shall comply with, applicable provisions of § 267 of Town Law (or as the same may hereafter be amended) relating to compensation and expenses, training and continuing education courses, ineligibility of Town Board members, terms of members first appointed, terms of members now in office, increasing membership, decreasing membership, vacancy in office, removal of members, and Chairperson duties.

§ 450-53 Powers and duties.

The Zoning Board of Appeals and its members shall have all of the powers conferred by, shall be governed by, and shall comply with, applicable provisions of § 267-a of the Town Law (Board of Appeals procedure) (or as the same may hereafter be amended).
In accordance with the provisions of § 267-b, Subdivision 1, of the Town Law (or as the same may be hereafter be amended) the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this Chapter 450, Zoning, and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
In the case of use variances and area variances the Zoning Board of Appeals and its members shall be governed by, and shall comply with, applicable provisions of § 267-b of the Town Law (or as same may hereafter be amended).

§ 450-54 Grant of special extension.

On application, supplementing an application to the Building and Code Inspector for a building permit or certificate of occupancy, the Zoning Board of Appeals may grant a special extension for the expansion or extension of a nonconforming use or a nonconforming building. In reviewing and acting upon an application for a special extension, the Zoning Board of Appeals shall apply the procedures, standards and requirements for use variances (as set forth in §§ 267-a and 267-b, Subdivision 2, of the Town Law, or as the same may hereafter be amended) and may impose reasonable conditions and restrictions (within the guidelines and requirements of § 267-b, Subdivision 4, of the Town Law or as the same may hereafter be amended).

§ 450-55 Grant of variance for flood damage prevention provisions. [1]

The Zoning Board of Appeals shall hear and decide appeals and requests for variances pursuant to, and in accordance with, the provisions of Chapter 284, Flood Damage Prevention, of the Code of the Town of Maine, or as the same may hereafter be amended.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).