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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 - s - .# s ## s s s - - - s R - - • 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