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HomeMy WebLinkAbout1986-01-13 86-77 ORDINANCE86-77 Introduced by Councilor Willey, January 13, 1986 _. CITY OF BANGOR (TITLE.) MrNnmwBt. amadirg. Chaptet,V11T..Article _24,. Section _ 3. of the .. .............. Ordinances of the City of linger — Zoning Variance Be ft ordaincd by du My CosMf of GAY ofB=pn as fa =: THAT the provisions of Chapter VIII, Article 24, Section 1(2)(b) be anerded as follows: (b) - Variance Appeals. In hear and decide, upon appeal, in specific cases where a relaxation of the terms of this Ordinance would not 1>e contrary to the public interests and where, owing co conditions peculiar W the property, a literal enforcement of this ordinates would result in unnecessry hardship. A financial hardship shall not constitute grounds for granting a. variance. 9efore the guard may exercise its discretion and grant a variance upon the grounds of unnecessary hardship, the record must show that (1) the lard in question cannot yield a reasonable return 1£-asetl fOLonless a variants is granted; (2) that the plight oftheowner is due to unique circuastances and not to the general conditions in the neighborhood Mich may reflect the wreawonaDlerneas of the zoning ordinance itself; (3) that the use to be authorized by the variance will ret alter the essential character of the locality and (4) that the hardship is net the result of action taken by the applicant or prior owner. The Bwrd of Appeals shall grant a variance only by concurring vote of at least four (4) meobera and in so doing, � my prescribe conditions and safeguards as am appropriate for carrying out the intent and purpose of this ordinates. The Ward shall cot hear within any twelve (12) month period mire than are variance application requesting the send relief. Statement of Pact: The purpose of this am_nlient is to bring the variance criteria under the City's Zoning Crdiwncs inacord with the applicable State statute, 30 M.R.S.A. 5 4963(3)(A). The otherpurpo. of this mnereinent is to correct a typographical error in the 5th lice free the bottm of the sane subsection. In City Council January 13.1986 refered to planning Huard eonetder neat meting �R C Clerk 06-77 ORDINANCE TI11E h Ascending Chapter V1II Article 24 Sec. 1 of the ordimvicea of the City of Paagar - Seeing Variance IntroLetl d/ - In City Council Januar 27,19% ONOCHArn Parsed vote 9 Yee voting Yea Mc CarthyCok � Sullivan,Tiwitz We eler,W Su111ven�Tilley� WheelegWilley CS Clezk Bangor, the center of Maine—the Gateuuy to Maine's North Woods and Sesehore Rooms 5 RODNEY G. WRAY CITY HALL MORN, BANGOR, MAINE 04401 JOHN M. LORD TEL. aori Vanning om.n w�nxr DEPARTMENT Of PLANNING a" COMMUNITY DEVELOPMeNT DATE: January 22, 1986 T0: The Honorable City Council FROM: The Planning Board SUBJECT: Amending Zoning. Ordinance Chapter. VIII, Article 24, Section 1(2)(b) Council Ordinance No. 86-77 Please be advised that the Planning Board held a public hearing on the above zoning ordinance amendment at its regular meeting on January 21. 1989. After some discussion about the consistency of the wording n this subsection on thevariance appeals with State Statutes, the Board voted four in favor and one opposed to recommend passage of the above zoning amendment. _ P