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HomeMy WebLinkAbout1997-04-28 97-197 ORDINANCEDale: April 28 , 19W Martin 9)=19] 14MSandir Amending the land IXvdopmentCMe-Clumser VID, Article 2, Section 10`'ITisamerichi will permit me Board of Appeals to grant a variance firm the Laml Development Code as a reasonable accommodelion to meet me requirements ofd a Federal Fair Housing Ad, as amended.) R¢pmnsible Depamnent Code Enforcement Office Commodore The Land Development Code currently permits the BoaN of Appeals to grant variances from me said application of the Land Development Cotle where the owner can prove "source bardmip" or to make de propemry physically accessible by handicapped residmm. However, more is currently no mechanism in place to permit me City to gran meDoable accmnmotlation as required by the material Fav Housing Act. nisamend mtgmntsmeB of Appeals uthority m made -Fair Heading Act Varimdd, where the application shows that they qualify as handicapped as definedbyrhe Actandwheresuchavwimccisrequir toaff Nsuap onsequalop nitywuseandenjoya dwelling. Depmmted Head AssuciatrA lnfprmdiw: QAf�InWd(t gffay{ Finance Direcmr Legol Approval: qp/O 10/i ofIn15 Gwdc /N4 Wil LI /lt`W �{ Prey 16 rn?r lho 6 pfgllM , lArOflSi (A/ �I�f/4t �plf ilvysinr� �[f,//2�7 CiUryL3oYlicitor t"mm, /oca (oIS- 'rs 0 Insulation For [aiL( n/a2(m!A/ 0 %off dr lehi,AeS NA/C6 Passage nn XY First RefermeladingP fodv higwn ,oa rl-i VncQp/ }rdefAl 70ni✓s5 C/ St ,/PS�ji /fi Onf . 9J-19] Aetig•ed ro(:wnulor Baldacci April 28, 1997 CITY OF BANGOR (TITLE.) (Drbilt [¢y ....Ameudivg.lheLand.oevelupmevcCada_-.tom =...wu,.hmcl, 2,__. Section 10. Be Nordaimd6y flra GtV Cwmtl oleAr CfW olBanpor, mld/oma: TEfAT Me Land Development Code, Chapter VIII, Article 2, Section 10, be amended As follows: Section 10 Appeals. (1) Administrative Appeals. Administrative appeals alleging there is an error in any order, requirement decision or er determination used by the Code Enforcement Officer in the enforcement of this Ordinance sliall be made to the Need of Appeals, to established by Chapter,' i ek 2, Article Seetien 38. TBe anion oftbe Code Enforcement Offiwr may be modified or reversed by the Board of Appeals, by a concurring vote ofatlean fors (4) members of the BmM. (2) [mmhannox] (3) binchanged] @1 Fair floating Au Variance The Board shall grant a variance from the str'ct anti cation ofthe terms of th � Ord nance As a reasonable arcammodat on to toly person or group who qualifies in "handicapped," as defined by the Fair Housing Act where an awcommodation is necessary to afford such Maim ar group equal corom N to use and enjoy a dwelling cormrm'tvwth Me requ'remenrs of the amenmin, 42 SC. s3691 An; sel- LA) A" s charge in some rule that II aterlicable so as to make its lissimen less recalls on the handicapped individual." ($] An u•mmmMunn is not reamnable if (1) it would reoum a fundamental r 2 it w ndue Mrs cial0r administrative bredgm on the ON of Bangor. STATEMENT OF FACT: New test is unrd€rlined, new underlined text is dei;Wgal derlined atm deleted tart is NtuekeM. IN CITY COUNCIL April 28, 1997 _. First Reeding Referred to Planning. Board IN CITY COUNCIL May 12, 1997 Passed vote: 9 yes Councilors voting yes: Aube, Baldacci, Blanchette, Parnham, Leen. saucy, Sullivan, Tyler a Woodcock 97-197 ORDINANCE 1 TITLE,) e - Chapter VIII, Article 2, Section 10 97-197 Excerpt from Staff Memorandum for May 6, 1997 Planning Board Meeting Item No 3: Zoning Amendment- Chapter VIII, Article 2, Section 10 -City of Bangor- C.O. M 97-197. A. The Code Enforcement Office has developed an amendment to the appeals section (Article 2, Section 10) of the Land Development Code to deal with Federal Fair Housing Act applications for housing for "handicapped" persons where such uses would not normally be authorized in the Crty's zoning provisions. (As you may know, when housing is provided to any person or group of persons who qualify as "handicapped; the Federal Fair Housing Act has overridden local zoning provisions in residential zoning districts which might otherwise prohibit such group home or congregate living type of use.) B. Recent court cases have, apparently, provitletl for some review of such group home applications even when the proposed tenants are qualified as "handicapped' This amendment provides for such a review procedure and establishes two criteria for the Board of Appeals to use in reviewing such applications. C. The Code Enforcement Office will explain the legal nicefies of this situation to the Planning Board as part of the public hearing process. Staff would recommend that this amendment be recommended to the City Council by the Planning Board as it would offer an opportunity for review of the establishment of these types of uses, which heretofore had been lacking.