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Mechanic Falls City Zoning Code

ARTICLE VI

Appeals

§ 200-6.1 Appeal procedure.

Time limit. An administrative or variance appeal must be filed within 45 days of the date of the decision being appealed.
Written notice. Such appeal must be made by filing with the Board of Appeals a written notice, which includes:
A concise written statement indicating what relief is requested and why it should be granted.
A sketch drawn to scale showing lot lines, location of existing buildings and structures, and other physical features of the lot pertinent to the relief requested.
Record of case. Upon being notified of an appeal, the Code Enforcement Officer must transmit to the Board of Appeals all of the papers constituting the record of the decision being appealed.
Public hearing. The Board of Appeals must hold a public hearing on the appeal within 30 days of its receipt of an appeal request. This public hearing must be duly noticed, and interested parties and the public must be given an opportunity to be heard.
Decision by Board of Appeals.
Quorum. A majority of the full Board of Appeals must constitute a quorum for the purpose of deciding an appeal.
Majority vote. The concurring vote of a majority of the members of the Board of Appeals present and voting must be necessary to make a decision.
Burden of proof. The person filing the appeal must have the burden of proof.
Time frame; written decision.
The Board must decide each appeal within 45 days after the close of the hearing, must issue a dated written decision on each appeal, and must send a copy of the decision to the applicant, CEO and the Planning Board within seven days thereafter.
All decisions must become a part of the record, must include a statement of findings of fact and of conclusions, along with the reasons therefor. In instances where the Board of Appeals remands a case to the Planning Board or CEO, such decisions must include an appropriate order.
Reconsideration. Upon good cause shown to the Board, within 30 days of its decision, the Board of Appeals may vote to reconsider its decision. The Board may conduct an additional hearing to receive additional evidence and testimony. The Board must then follow the procedures for decisions as set forth above.
Appeal to Superior Court. Any party aggrieved by the decision of the Board of Appeals or the Planning Board may appeal to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure within 45 days of the Board's final decision.