HomeMy WebLinkAbout2000-12-11 01-63 ORDINANCECOUNCIL ACIIOM
Item him 01-61
Miss 12 -11 - 00
Item/Subject ORDINANCE, Amending the Land Developmmt Code, Chapter 165: § 165-9C
(Conditional Uses); § 165-1 ID and new subsection A; and, § 165-126H (Minor Subdivision).
Responsible Department Legal Office
For Referral to Planning Board Meeting of Tuesday, December 19, 2000, 7:00 P.M.
The purpose of this amendment is to darify that the proper route of appeal for a declslon made by
the Planning Board is an appeal be the Superior Court. This amendment was prompted by a recent
law court case that requires an ordinance to explicitly direct appeals to Superior Court; otherwise,
an appeal must first be heard by the Board of Appeals. The amendment also modifies the language
used for disability variances to coindde with the exact language of the statute.
Department Head
Manager's Caramels: /)sl ^ - 0
City Manager
Approval:
Finance Director
Passage
First Reading pap }_Of 1
X Referral m Planning Board
01-63
eaeagnea to coao<uor Crowley p=aembcr u, z000
CITY OF BANGOR
(WILE.)Ordinance, Amending the Land Development Code, Chapter 165: $165-9C(Conditional
Uses); § 165-11D and new subsection F; and, § 165-126H (Minor Subdivision).
@p&&VWc+dby the Oif' OF Mlbb l
§ 165-9. Conditional Uses.
C.
Dseleted
§ 16541. Appeals
D. Disability romance
(1) The Board may grant a variance top-gre@RFO an owner of a dwelline for the purpose of
making that grepexy dwel in accessible to a person with a disability who resides in orogur
laz7 thedwllineAUg�`--.gj,,�. The Board shall mniot any varisaae
granted under this subsection solely m the installation of equipment or the construction of
stmcoues necessary for access to or egress from the peapm dwell. a by the person with
the disability. The Board may impose conditions on the variance, including limiting the
variance in Ne dm&ion of the disability or to the time Nat the person with the disability
lives air th, pre9e03 in Ne dwelline. For the purpose of this subsection, a disability has
the same meaning es a physical or mental handicap under Title 5. #IR 9 A § 4553�rW
smart .
(2) No variance granted under this subsection is valid until a certificate detailing the contents
of the variance has been recorded in the Penobscot Registry of Deeds in accordance with
the requirements of 3o -A M.ILS.A. § 4353.
F Anneals to Superior Curt
(1) A parts may ameal a decision of the Board of Anneals the Suserior Court
accordancewithR 1 80B oftheMaineRules ofC"1 Proseedure
(2) A Party may anneal Was final aftiml Of the Plannine Board N Smasior Corot th
accordance'thRulSOB fthMme Rules of Civil Procedure.
01-63
§ 165-126. Minor subdivision.
H. Action by the Plawing Board. The sign tae of a majority of the Plmming Boardmembers(those
of five regular members) on this final Inning plan shall cnnstinne final approval of a minor
subdivision. If disapproved, the Planning Officer sball notify the subdivider, in writing, of the
reasons for such disapproval end shall realm the reproducible copies of the final plat to the
subdivider.
IB CITY COONCIL
December 11. 2000
First Nesdl"
Referred to Plauoing
Board
T C BBB
IN CITY COONCIL
December 27, 2000
Motion far Passage Made
and Succeeded
Vote: 5 yes. 3 absent
Camocilors voting yes: Blanchette.
Payor. Bahamas. Tremble 6
vardamis
Councilors absent: Beldacci.
Crowley 6 Patnban
Passed
p 01-63
ORDINANCE
(TITLE,) eaendive the Lam Develoomemt Code,
Chapter 165: :165-9C (Coadltioval Deem).
4165-111) and New Subsection Pp and 1165-126N
(Nimr Subdivision)
Assigned to Councilor