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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