HomeMy WebLinkAbout2025-10-15 25-293 Ordinance25-293 10/15/2025
CITY COUNCIL ACTION
Council Meeting Date: October 15, 2025
Item No: 25-293
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot:
Title, Ordinance
Amending Chapter 165-11, Appeals, to Remove Appeal Fees for Disability Variances and Fair Housing Act
Reasonable Accommodations
Summary
This proposed ordinance amendment would revise Chapter 165-11 of the City Code of Ordinances to remove
the requirement that an application fee be paid for (1) disability variances, and (2) Federal Fair Housing Act
reasonable accommodation requests.
Pursuant to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, the City may
not charge for reasonable accommodation requests under the Federal Fair Housing Act. In reading the Land
Development Code, staff has determined that the City should also not charge a fee for disability variance
requests in order to comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act
of 1973.
This item was reviewed by the Government Operations Committee on October 6, 2025.
Committee Action
Committee: Government Operations
Action: Recommended for approval
Staff Comments & Approvals
Staff recommends approval.
City Manager
Introduced for: First Reading and Referral
Meeting Date: October 6, 2025
For: 4
City Solicitor
Against: 0
Finance Director
25-293 10/15/2025
CITY COUNCIL ORDINANCE
Date:
Assigned to Councilor: Mallar
ORDINANCE, Amending Chapter 165-11, Appeals, to Remove Appeal Fees for Disability Variances and Fair
Housing Act Reasonable Accommodations
WHEREAS, the City must remove application fee requirements for disability variances and Federal Fair
Housing Act reasonable accommodation requests to comply with the Americans with Disabilities Act and
Section 504 of the Rehabilitation Act of 1973; and
WHEREAS, staff is recommending a change be made to the Schedule of Fees to specify that application fees
shall be waived for processing disability variances and Fair Housing Act reasonable accommodation requests;
and
WHEREAS, staff recommends removing the application fee requirements for disability variances and Federal
Fair Housing Act reasonable accommodation requests;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of Ordinances of the City of Bangor is amended as follows:
§ 165-11 Designation.
D. Disability variance.
(1) The Board may grant a variance to an owner of a dwelling for the purpose of making that dwelling
accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall
restrict any variance granted under this subsection solely to the installation of equipment or the
construction of structures necessary for access to or egress from the dwelling by the person with the
disability. The Board may impose conditions on the variance, including limiting the variance to the duration
of the disability or to the time that the person with the disability lives in the dwelling. For the purpose of
this subsection, a disability has the same meaning as a physical or mental disability under 5 M.R.S.A. §
4553-A, and the term "structures necessary for access to or egress from the dwelling" is defined to
including railing, wall or roof systems necessary for the safety or effectiveness of the structure.
(3) Any applicant for a disability variance shall not be required to pay any application fee as part of their
application.
E. Fair Housing Act reasonable accommodation. The Board shall grant a waiver from the strict application
of the terms of this chapter as a reasonable accommodation to any person or group who qualifies as
25-293 10/15/2025
"handicapped," as defined by the Fair Housing Act, where an accommodation is necessary to afford such
person or group equal opportunity to use and enjoy a dwelling in conformity with the requirements of the
Federal Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq.
(3) Any applicant for a Fair Housing Act reasonable accommodation shall not be required to pay and
application fee as part of their application.
Additions are underlined; deletions are strtrCI( threugli.
IN CITY COUNCIL
OCTOBER 15, 2025
COrd 25-293
First Reading
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CITY CLERK
IN CITY COUNCIL
OCTOBER 27, 2025
COrd 25-293
Motion made and seconded for Passage
Vote: 8 —0
Councilors Voting Yes: Beck, Deane, Fish, Hawes, Leonard, Mallar, Tremble, Fournier
Councilors Voting No: None
Passed
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CITY CLERK