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HomeMy WebLinkAbout1998-08-10 98-321 ORDINANCEpate; 08/10/98 J Mg Ilan No. 98-321 Rem/Subject: Amending fhe LVW Derrelgmm[ Cole W print Fmctiwl Diff Ity Vaimae-Chapter Vill, Amcle2, Secdon 10. Reaponsibk Dapanmenc CNe Enf am Oflica Commmaty nisammdmeof permits tIe Bperd of Appeals to l pmaical difficulty vaisnca W Ne built-up raitlentiul districts of the City. The variance is limited to Me repair or repacanM of legally nm-wnfarmmg evuctmea and does not pemnit m mcrem is my uon-mnfmmiry. Tw nced for Nis type of varimce tlerives Jim Ne fact tlut Mere are nunoussrscmfmming resideniul son N s w time Wilcup rreNmtial portions oftlu City wNch commitMcsxJupla<d mupgmdel in Meymennmm�( ingmMcmmal is very ddberaum prove roThemiam cournot *toarte ionkl tivefm mWmwwasal peniss ided last ifu perrotNs ofvarummreeidmdal prapetry termor yreldarasonebleream. Sma Jaw waammdN laV yeV ropamit Mintype ofvarimce�/ ,✓ B � Depaatmm Moines T PoI � � � ?. AWkrioo. A. Auff AacctaW lnf atim:O J4H Dudga APpmval: 11qq Finance LegalDueaor ApMYA �IS m IPgt/lKi fle R %(Ma ive (t/r. ��ptDGf.P. �/T l5 p /0%1(4%/ id4em � 1 - paw e Fim Reading .,� p Refmal � . -v RO oaM 98-321 Vv� OF _ y • _ Ili 1 :1 i' .. i- ...... 11 i , Variances- Chapter VITT, Article 2, Section 10. Beit ordainad by as City CourA of as City oMeaur, a foam. THAT the Land Development Code, Chapter VIII, Article 2, Section 10 be amended as follows: Sec. 10 Appeals. (1) Administrative Appeals. Administrative appals alleging there is an error in any order, regwremat, decision or determination made by the Code Enforezment Officer in the enforcement of this Ordinance shall be made to the Boats of Appeals, as established by Chapter If, Article 38. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of at least four (4) members of the Board. (2) Variance Appeals. To hear and decide, upon appeal requests her verisvce in specific cases where a relaxation of the terms of this Ordinate would not be contrary to the public interests and where, owing to conditions peculiar to the property, a literal enforcement of this Ordinance would result in unnecessary hardship. A financial hardship alone shall not consfitute gmmds for gaming a variance. Avariame shall not be granted which permits the establishment of use many district which is not specifically allowed under the we provisions of Articles 14, 15 or 16 of this Ordinance. Before the Board may exercise its discretion and gem a variance open the grounds of unnecessary, hardship, the record most show that (a) the land in question anent yield a reasonable noun outlets a variance is granted; (b) that the plight of the owner is due to unique circumstances of the property and not to the general conditions of the neighborhood; (c) that the gumming of the variance will not alter the essential character of the locality, and (d) thod the hardship is not the result of When takem by the applicant or a The Board of Appeals sh%H tgant a romance only by comundrour vote of at least (4) members end in an doing, may presmbc my conditions; end safeguards a appropmate for carrying out the rowt mul purpose of this Ordnance. The �l not hear within my twelve (12) moth period mare than one varmucc applic requesting the same relief No vadamoc , under contents of the variance bas been recorded in the Penobscot Regisov o malb the of Tide 30-A. M.R.S.A. Section 4353. C3) P�kal Difficuliv Appeal. To hear and decide. upon Uptal requests for v .; to the ormserov. a literal enforcement of this Ordinance would resufft in difficulty. Such mac6a dUfficulty vadameg may only be gnarted to structures =-,j&d them is no additional encroachment into the ogwred grounds of practical difficuly. she wwrd most show thad- end = to the gcrunal ondifion of the n, mbborhood- The mounting of a variance oil] not clammuer of the neighborhood and I U lire re "-321 (3) (4) Disability Variance. The Board may grant a variance to a property owner for dre propose of making that property accessible to a person with a disability who is Irving on the property. The Bond shall Brow l any variance granted under this subsection solely to the installation ofNuipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability arm the time that the person with the disabilitylives on the property. For the purpose of Us subsection, a disability has the same meaning us physical or meatal handicap under Title 5, Section 4553. Na variance variance has recorded in the valid unfit acertificme Deeds the accordance of the variance has been This 30 A the PenobscotSe tion 435try 3. (4) iv accordance with flu raqunementa of Tdle 30-A, M.R.S.A. Section 4353. (4) fit Fair Housing Act Variance Reasonable Accommodation. The Board shall grant a earianee mi ve2 from the strict application of the terns of this Optimums as a reasonable acemvnrodatiov to any person or group who qualifies as "handicapped" as defined by the Fair Housing Act, where an acconunodetiov is necessary to afford such person or group equal opportunity to use and joy a dwelling in conformity with the rcquuemems of the Federal Fair Housing Act, as amended, 43 U.S.C. §3601 et seq.. (A) A "reasonable accommodation" is "a change m some rale that is generally applicable so as to make its burden less customs on the bandicapped individual." (B) An accommodation is not reasonable If (1) it would require a fundamental alteration in the nature ofmmng, or (2) it would impose undue financial or administrative burdens on the City of Bangor. STATBMENTOFFACT: Newrextismalerline deleted tax rvshuek-aaa. IN CITY COUNCIL August 10, 1998 First Heading Referred to Planning Board ITY .LgBR IN CITY COUNCIL August 24, 1998 Passed Vote: 8 yes, 1 absent Councilors voting yea: Baldacci, Crowley, erM1am, Leen, Palmer. Rohman, Tyler 6 Woodcock Councilor abs [: Aube bw L a4 98-321 ORDINANCE ( TITIE,I Amending the Land Development Code o Permit Practical Difficulty Variances - Chapter VIII, Article 2 section 10