HomeMy WebLinkAbout2009-12-14 10-035 ORDINANCECOUNCIL ACTION
Item No: 10-035
Date: December 14, 2009
Item/Subject: Ordinance, Amending Chapter 28 of the Code of the City of Bangor by
Requiring State Approval Before an Application for Certificate of Occupancy Is
Approved
Responsible Department: Legal
Commentary:
Before constructing or changing the use of a building or land in Bangor, one of the first steps a
person must take in the City's process is to submit an Application for a Certificate of Occupancy.
Approval of this Application does not constitute issuance of the Certificate of Occupancy;
instead, it means that the intended use meets current zoning regulations.
The proposed Ordinance would require those submitting an Application for a Certificate of
Occupancy to first obtain all necessary state and federal permits. In many cases, this is already
how applicants proceed. The Ordinance includes an exception for those cases in which a
business owner must have City approval before a state or federal permit could issue.
This Ordinance will reduce possible confusion regarding what approval of the Application for a
Certificate of Occupancy means, help prevent the Code Enforcement Office from issuing an
approval for a project that does not meet state or federal requirements, and give prospective
business owners a clear indication of the order in which they must proceed to obtain required
approvals.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Department Head
Page _ of _
City Manager
Finance Director
City Solicitor
10-035
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CITY OF BANGOR
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(TITLE.) ORDINANCE, Amending Chapter 28 of the Code of the City of Bangor by Requiring State
Approval Before an Application for Certificate of Occupancy Is Approved
WHEREAS, the Code of the City of Bangor does not specifically require applicants for Certificates of
Occupancy to obtain all state and federal permits before approval of their applications;
WHEREAS, under some circumstances, said approval may give applicants the mistaken impression that
they have a greater degree of approval from the City than they do;
WHEREAS, requiring applicants to first obtain state and federal permits will help prevent the Code
Enforcement Office from issuing approvals for projects that do not meet state or federal
requirements; and
WHEREAS, doing so shall also give prospective business owners a clear indication of the order in which
they must proceed to obtain required approvals;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF BANGOR
THAT,
The Code of the City of Bangor be amended as follows:
§ 28-63. Divisions,
E. Code Enforcement Division. The Code Enforcement Division shall be responsible for administering
and enforcing all ordinances and state and federal statutes and programs coming within its
jurisdiction, including but not limited to the BOCA Basic National Building Code, BOCA Basic
Properly Maintenance Code, state plumbing regulations, BOCA Basic Mechanical Code, National
Electrical Code, Chapter 165, Land Development, of this Code, Chapter 71, Bangor Center
Revitalization Area, of this Code, the One- and Two -Family Dwelling Code and Chapter 148, Historic
Preservation, of this Code. The Code Enforcement Division shall not approve any Application for
Certificate of Occupancy until the applicant has obtained all necessary state and federal permits.
except that the Application may be apgroved if the only state and federal permits remaining to be
obtained require approval of the Application for Certificate of Occup§, ncv before they can be issued.
If there is some question as to whether a state or federal permit is necessary. the Code
Enforcement Division may require the applicant to submit an official letter from the appropriate
state or federal ager y sayjng whether or not the permit is necessary.
Additions have been underlined.
IN CITY COUNCIL
December 14, 2009
Motion Made and Seconded to Waive
the Requirement for -Two Readings
Passed
Motion Made and Seconded for Passage
Vote: 9-0
Councilors Voting Yes: Blanchette,
Bronson, Gratwick, Hawes, Nealley,
Palmer, Stone, Weston, Wheeler
Councilors Voting No: None
Passed
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CITY CLERK
__ ORDINANCE
(TITLE,) Amedning Chapter 28 of the Code
_nf the- itv of -Bangor by Requiring State
Appeal Before and Application for
Certificate of Occupancy is Approved
Assigned to Councilor__ ±\_4 , Qr