[Ord. of 10-21-2008(1); 3-6-2018]
An applicant for a Type 1 Mandatory In-Town Design Review Permit
may request an Administrative Appeal of a decision by the In-Town
Design Review Committee, or may request a Certificate Of Economic
Hardship from the Belfast Zoning Board of Appeals. The process for
the review of an application for an Administrative Appeal or a Certificate
Of Economic Hardship Variance are identified in this article. An applicant
cannot request either an Administrative Appeal or a Certificate Of
Economic Hardship Variance for a Type 3 Minor Voluntary In-Town Design
Review Permit since any decision of the In-Town Design Review Committee
with respect to said permit is non-binding on an applicant.
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
(a)
Process to receive and review an appeal. An applicant who has received or has been denied the issuance of a Type 1 Mandatory In-Town Design Review Permit by the In-Town Design Review Committee may file and request that the Zoning Board of Appeals consider an application for an Administrative Appeal regarding the Committee decision on said permit and their interpretation of the requirements of Chapter 80, In-Town Design Review. The following standards identified in Chapter 102, Zoning, Article II, Administration, Section 102-134 shall apply to said Administrative Appeal: (a) Filing; (b) Public hearing required, notice: (c) Failure to receive notice; (d) Right of parties to appear by agent or attorney; (e) Attendance at hearing by City officials; (g) De novo review and (h) Conduct of hearing.
(b)
Standard of review of an appeal. The Zoning Board of Appeals shall
act as an appellate board which shall entertain all evidence of record
submitted in the underlying hearing, including any transcripts, findings
of fact, and decisions made by the In-Town Design Review Committee.
The board shall review the entire record and determine if the evidence
of record compels the Zoning Board of Appeals to find that all or
part of the decision on appeal was arbitrary or capricious and compels
a contrary decision based on substantial evidence in the record. In
such Administrative Appeals the Zoning Board of Appeals is hereby
authorized to take any of the following actions:
1.
Approve the decision issued by the In-Town Design Review Committee.
2.
Reverse in total the decision of the In-Town Design Review Committee.
3.
Remand to the Design Review Committee for further proceedings necessary
to:
a.
Compare the record in the event that the board finds it unable to
render a decision due to the absence of critically important factual
information; or
b.
Remand for further proceedings consistent with the order of the Zoning
Board of Appeals.
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The actions described in subsections (c)-(e) below may or shall
occur in response to the above decisions of the Zoning Board of Appeals.
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(c)
Zoning Board of Appeals decision to approve decision issued by the
In-town Design Review Committee. If the Zoning Board of Appeals acts
pursuant to (b)1 above to approve a decision of the In-Town Design
Review Committee, an aggrieved applicant may appeal said decision
to the Maine Superior Court.
(d)
Zoning Board of Appeals decision to reverse in total a decision of
the In-Town Design Review Committee. If the Zoning Board of Appeals
chooses to reverse a decision of the In-Town Design Review Committee,
Subsection (b)2 above, the decision of the Zoning Board of Appeals
shall be binding unless said decision is appealed to the Superior
Court.
(e)
Remand by Zoning Board of Appeals. If the Zoning Board of Appeals
chooses to reject in part a decision of the In-Town Design Review
Committee and to remand a specific decision to the In-Town Design
Review Committee, pursuant to Subsection (b)3 above, the membership
of the In-Town Design Review Committee which initially heard the application
shall sit in review of the remand order. The Committee shall confine
its review to the remand decision issued by the Zoning Board of Appeals,
and shall issue findings describing how it has addressed issues identified
in the order from the Zoning Board of Appeals. The decision of the
In-Town Design Review Committee regarding such a remand is subject
to the administrative appeal procedure identified in this section.
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
(a)
An applicant that asserts it cannot comply with conditions of approval established by the In-Town Design Review Committee for issuance of a Type 1 Mandatory In-Town Design Review Permit may apply to the Zoning Board of Appeals for relief by issuance of a Certificate Of Economic Hardship. Said application shall be submitted on the official form within 30 days of the written Notice of Decision of the In-Town Design Review Committee to the Code and Planning Department. The Department shall schedule the request for a Certificate for a meeting before the Zoning Board of Appeals. Zoning Board of Appeals review of the application shall occur in accordance with the process for the review of variances that is described in Chapter 102, Zoning, Article II, Administration, § 102-133, Variances.
(b)
The Zoning Board of Appeals shall approve an application for a Certificate
Of Economic Hardship only upon a determination that applicant compliance
with conditions of approval established by the In-Town Design Review
Committee will result in the loss of all reasonable use of the structure.
(c)
In considering an application for a Certificate Of Economic Hardship,
the Zoning Board of Appeals shall consider among other things any
evidence presented concerning the following:
(1)
Any opinion from a licensed engineer or architect with experience
in renovation, restoration or rehabilitation as to the structural
soundness of the structure and its suitability for continued use,
renovation, restoration or rehabilitation.
(2)
Any estimates of the cost of the proposed alteration, construction,
demolition or removal and an estimate of any additional cost that
would be incurred to comply with the conditions of approval established
by the committee.
(3)
Any estimates of the market value of the property in its current
condition; after completion of the proposed alteration, construction,
demolition or removal; and after any expenditures necessary to comply
with conditions of approval established by the committee.
(4)
A comparison of the cost of improvements associated with (1)-(3)
above, as proposed by the applicant, and the cost of improvements
required to comply with conditions of approval established by the
committee.
(5)
Information supplied by the applicant with respect to the following:
a.
The assessed value of the property and/or the structure for
the current year.
b.
Real property taxes paid for the previous two years.
c.
The amount paid for the property by the owner, the date of purchase
and the party from whom purchased.
d.
The current balance of any mortgages or other financing secured
on the property and annual debt service on the property.
e.
Any appraisals obtained within the last two years.
f.
Any listings of the property for sale or rent, including the
price asked and offers received, if any within the past two years.
g.
All studies commissioned by the owner as to the profitable renovation,
rehabilitation or utilization of any structures on the property.
h.
For income producing property, itemized income and expense statements
for the property for the previous two years.
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Notwithstanding this list of information, the Zoning Board of
Appeals may request additional information to assist in its decision
for the issuance regarding a Certificate of Economic Hardship.
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(d)
The Zoning Board of Appeals, in its written decision, shall define
why or why not the Certificate of Economic Hardship should or should
not be granted, and the specific conditions that apply to the issuance
of a Certificate. The only appeal of any decision regarding issuance
or denial of an Economic Hardship Variance shall be to the Superior
Court.[1]
[1]
Editor's Note: Former Art. IV, Council Review of Ordinance,
was repealed 2-19-2013.
