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
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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