HomeMy WebLinkAbout2024-04-08 24-120 ORDINANCE24-120 04/08/2024
CITY COUNCIL ACTION
Council Meeting Date: April 8, 2024
Item No: 24-120
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 23, Boards, Committees and Commissions, Section 23-3(E) of the Code of Ordinances, To
Make the Appeal Process to the Board of Appeals More Efficient.
Summary
This ordinance amendment, if passed, would revise the City's Board of Appeals ordinance to make the appeals
process more efficient.
Under the current ordinance, the Board of Appeals is required to hold a public hearing within 60 days of
receiving an application for appeal, and there is no provision to allow a routine continuance from that deadline
in instances where the applicant requests one, except to convene the entire Board. The proposed amendment
would give the Chair of the Board of Appeals the authority to grant a routine continuance to an applicant
requesting one without convening the Board to do so.
The proposed amendment would also clarify that the 60 days starts running from the date the written appeal
and applicable fee are received.
This ordinance amendment was reviewed and recommended for passage by the Government Operations
Committee on April 1, 2024.
Committee Action
Committee: Government Operations
Action:
Staff Comments & Approvals
City Manager
Meeting Date: April 1, 2024
For:
City Solicitor
Against:
Finance Director
Introduced for: First Reading
24-120 04/08/2024
CITY COUNCIL ORDINANCE
Date: April 8, 2024
Assigned to Councilor: Yacoubagha
ORDINANCE, Amending Chapter 23, Boards, Committees and Commissions, Section 23-3(E) of the Code of
Ordinances, To Make the Appeal Process to the Board of Appeals More Efficient
WHEREAS, at present, the entire Board of Appeals must convene to grant a routine continuance requested
by an applicant;
WHEREAS, the Chair of the Board of Appeals should have the authority to grant a routine continuance if
requested by an applicant in order to make the appeals process more efficient;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 23 of the Code of the City of Bangor is amended as follows:
§ 23-3 Appeals and Variances.
Administrative appeals from any order, requirement, decision, determination, or interpretation of the Code
Enforcement Officer, or any other officer or entity specified by an ordinance, and variance appeals from the
laws and ordinances of the City of Bangor, where expressly permitted by an ordinance, shall be made pursuant
to the following procedures:
E. The Code Enforcement Officer shall immediately refer the appeal, together with all materials relative
thereto, to the Chair of the Board for consideration by the Board as provided herein. Before taking any
action on the appeal, the Board of Appeals shall hold a public hearing within 60 days of the date -ethe
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appliEatiee receipt of the application and required fee. The Chair of the Board has the discretion to grant
a continuance to an applicant who requests one, permitting the public hearing to be held beyond 60 days
of the date of the application. By requesting such a continuance, an applicant consents to the public
hearing being held beyond 60 days from the date the application and required fee are received. The
Board shall notify, by United States Mail, the applicant, the owners of all abutting property and owners of
properties within 100 feet of the exterior boundaries of the property in question, at least 10 days in
advance of the hearing, of the nature of the appeal and the time and place of the public hearing, in
accordance with the following:
Additions are underlined, deletions struea( threugh.
IN CITY COUNCIL
APRIL 8, 2024
COrd 24-120
First Reading
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CITY CLERK
IN CITY COUNCIL
APRIL 22, 2024
COrd 24-120
Motion made and seconded for Passage
Vote: 9 —0
Councilors Voting Yes: Deane, Fish, Fournier, Hawes, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier
Councilors Voting No: None
Passed
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CITY CLERK