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