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.
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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.