HomeMy WebLinkAbout2022-04-25 22-167 ORDINANCE22-167 04-25-2022
CITY COUNCIL ACTION
Council Meeting Date: April 25, 2022
Item No: 22-167
Responsible Dept: Code
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 120-13, Floodplain Management, Word Usage; Definitions, to Allow for the City's Engineer,
Planning Officer, and Director of Code Enforcement to Deem a Variance Appropriate
Summary
The City of Bangor previously agreed to comply with the National Flood Insurance Act of 1968 and therefore
must maintain a Floodplain Management Ordinance. As part of the model ordinance and federal legislation
governing them, the Federal Emergency Management Agency (FEMA) offers the opportunity for an historic
structure in a floodplain to receive a variance from the National Flood Insurance Program requirements when a
"substantial improvement" is made, as long as certain conditions are met. Currently in the City's ordinance, the
procedure for accessing this variance that is afforded by FEMA is to make an appeal to the City's board of
appeals. This ordinance amendment would change the variance provision so the initial determination is made
by three city staff members together — City Engineer, Planning Officer, and Director of Code Enforcement.
Many determinations related to land use within the City are already made in this way. It is in the City's best
interest to ensure that the City's variance option is clear and a decision can be made in a timely manner. This
change also clarifies that there is an available appeal option, which would be to appeal the initial staff decision
to the board of appeals.
Committee Action
Committee: Business and Economic Development
Action: Recommended for passage
Staff Comments & Approvals
Meeting Date: April 19, 2022
For: 3
City Manager City Solicitor
Introduced for: First Reading
Against: 0
Finance Director
22-167 04-25-2022
CITY COUNCIL ORDINANCE
Date: April 25, 2022
Assigned to Councilor: Tremble
ORDINANCE, Amending Chapter 120-13, Floodplain Management, Word Usage; Definitions, to Allow for the
City's Engineer, Planning Officer, and Director of Code Enforcement to Deem a Variance Appropriate
WHEREAS, at present, alteration of an historic structure, provided that the alteration will not preclude the
structure's continued designation as an historic structure, may have a variance deemed appropriate by the
community's Board of Appeals; and
WHEREAS, many routine determinations such as this are handled by three city staff members, together — the
City's Engineer, Planning Officer, and Director of Code Enforcement; and
WHEREAS, it is in the City's best interest to ensure that the City's variance options are clear and a decision
can be made in a timely manner:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 120. Floodplain Management
§ 120-9 Appeals and variances.
A. Board of Appeals of the City of Bangor may, upon written application of an aggrieved party,
hear and decide appeals where it is alleged that there is an error in any order, requirement,
decision, or determination made by, or failure to act by, the Code Enforcement Officer or
Planning Board or the City Engineer, Planning Officer, and Director of Code Enforcement in
the administration of the provisions of this chapter.
B. As used in this chapter, the following terms shall have the meanings indicated:
Substantial Improvement
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22-167 04-25-2022
FM
FPAI
Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local coft
enforcement official and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration will not preclude the
structure's continued designation as an historic structure, and a variance is deemed
appropriate by and obtained from the GE)MMURity'S Board of Appeals. the City Engineer,
Planning Officer, and Director of Code Enforcement.
Additions are underlined, deletions stru& thre6qk.
IN CITY COUNCIL
APRIL 25, 2022
COrd 22-167
First Reading
CITY CLERK
IN CITY COUNCIL
MAY 9, 2022
COrd 22-167
Motion made and seconded for Passage
Vote: 7 – 0
Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Passed
CITY CLERK