Loading...
HomeMy WebLinkAbout1987-12-28 88-58 ORDINANCEEM Introduced by Councilor Sullivan. December 28, 1987 CITY OF BANGOR in its (TITLE.) vYrNE411ICBe.., Amending Chapter XI of the Ordinances of the of Bangor -- Mobile Home Ordinance Be it volahu i by da City Council of the City of Bangor. ae fbUsSo: — THAT Chapter XI of. the Ordinances of the City of Bangor is hereby deleted in its entirety and replaced with the following:- (Attached) 88-58 ORDINANCE In City Council V/viP. •, •YYy Vote 8 yes VNO, Voting Yes Blan Refe to m and ordnance' Bawyer.8ax1�5be o ttee =Seder next � Tiley /Ab��t II Cv Clerk n 1 rrn e.) Artending cbapter xl of tte Drdtnan n OE1; 23 P410 Y: of tlx city Of Bangor - Mobile North Ordv gEct City Council O 28.87 eCtlMeY LICIT 8fl BANGOR refery to m and ordinance - CIIY CLERKLLERM c si&r xt nesting z IntroLlC®1 and City Clerk qu U Gvrsttws 2L In City Council V/viP. •, •YYy Vote 8 yes VNO, Voting Yes Blan Refe to m and ordnance' Bawyer.8ax1�5be o ttee =Seder next � Tiley /Ab��t II Cv Clerk n r (Tnu) Defining and Regulating Mobile ikons Parks, establishing Minikm standards O erning the Qmat[nction and Maintenance of Mobile Hone Parks; establishing Mlninm Standards C erning the Provided Utilities and Pacilities and Other Physical Plugs and Conditions to Make Mobile Hone Parks Safe, Sanitary, and Fit for Hman Habitation; Fixing the Responsibilities and Miles of Owners and Operators of Mobile Hine Parks; Authorizing the inspection of Mobile Hare Parks and Fixing Penalties for Violations. Be it, therefore, ordained by the City of Bangor as follows: CM1apt. Art. Sec. DEFINITIONS ff.YEIAMffi8f R6(MIIRam= Existing Mobile Have Parks XI 5 2 New ce Expan9e] lbbile Have Parks XI 5 1 Special Provisions xI 5 3 �, APPEAL, PENALTY, SEPARABILITY Anneal XI B 2 Civil Penalties xI B 3 Enforcement XI a 1 Separability xi 8 4 GE[iERIH. PROHIBITIONS XI 3 1 NISCELLNik%f6 R IEH4Nls Responsibilities of the Licensee XI 7 1 PERMITS At4D LSCMSES Construction Permit XI 4 1 Operator's Licaeee xI 4 2 Tanpoeary Occupancy Permit XT 4 3 B WE Application xI 1 Incorporated Provisions XI 1 2 2 Interpretation, Purpose ani Construction xi 1 3 Short Title XI 1 1 UTILITIES Accessory Structures XI 6 7 Attached structures xi 6 a Electrical Distribution system xi 6 3 Fuel Supply a Storage xI 6 5 Refuse Disposal xI 6 4 Service Buildings XI 6 _ 6 Sewage Disposal XI. 6 2 Water Supply XI 6 1 ARTICLE 1 - SCOPB Sec. 1 Short Title. This Ordinance shall he knom and may he cited as the -Mbile lone ordinance of the city of Senior. - Sec. 2 Incorporated P isic s. There is hereby incorporated in this Ordinance, and adopted by reference, the following StardaNs of the National Fire Protection Association (hereire£ter referral to as N.F.P.A.): N.F.P.A. No. 501A 1992 Sta and for Fire Safety Criteria for M rile Hare Installations, Sites and C®mmities. Sec. 3 Interpretation, Purpose and Conste0ction. In their interpretation and application, the P isiMe of this Ordinenca and the p prion incorporate] herein shall he held to be the minimum regoirerents ad pts for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesom community envitm went, adequate municipal and private services, and safe streets. SEC. 4 Applicati . 4.1 Application. Share this Ordinance imposes a greater restriction Upon land use than is impose] or required by existing provisions of law, ordinance, contract or deed, the provisions of this Ordinanca shall control. 4.2 Manila Hare Parks and Mobile Hames in Existenoa Prior to this Ordinance. All mobile Mme parks and mnile homes in existence,at the effective data of this Ordinanre shall wwithin ninety (90) days thereafter comply with all of the requirements of this Ordinance. auvleR xi MfICM 2 - DEPIN=I Sec. 1 Definitions 1.1 Mobile fame. A stz ctua Mich Confo[ms to all .standards of construction, design, and performance adopted pursuant to the National Lobile Hrne Construction and Safety Standards Pct of 1974 (42 D.S.C. SS 5401 et seq.), the State of Main Manufactured Housing Act (10 M.R.S.A. 55 9001 at seq.), or the State of Main Industrialized Housing Law (30 M.R.S.A. 55 4771 at saq.), or any successive legislation or standards. 1.2 Mobile Have Park. A parcel or adjoining parcels of land, under single ownership Mind has been planned and improved for the placement of 2 or note mobile hones per parcel. 1.3 Mobile Have Lot. That area within a mobile M1one park that provides facilities for long tens occupancy of a mobile have and is designed for the exclusive use of its occupants. 1.4 Mobile [Mme Stand. that part of an individual mobile ham lot which nas been constructed and reserved for tine placement of a bile ham. 1.5 Travel frailer. A vehicle designed to he moved on Meels and intended as a teurorary dwelling for travel, reoreaticch aro vacation use. 4his tone shall also inclule camper, camper -trailer and other similar short-term shelter devices. 1.6 the words 'applicant", "licensee", or "owner" of a mobile ham park are interchangeable unless the mntmnt clearly indicates otherwise. 1.7 Accessory Structure. A detached, subordinate structure, the use of Mich is clearly incidental and related to that of the principal structure or use of the lard, and Mich is located on the sane lot as that of tfm principal structure or use. -2- ARPICIE 3 - GENERAL FROHIBMM use. 1 Cenral Pronibitions. 1.1 No Dile h e shall he permitted W locate in a duly licensed mobile bas park which does not meet the miniaua standards set forth in publication N.F.P.A. No. 501A-1982 Standard for Fire Safety Criteria for Mobile Hada Installations, Sites add Caanunities. 1.2 For purposes of this Ordinance, travel trailers am not ordaidered as mobile homes ard, therefore, are not regulated by the provisions of this ordinance. 1.3 F rapt as expressly pernitted by the Foding Ordinance of the City of Bangor, no person shall maintain and money a Dila hone in the City of Bangor unless the mobile bane is located in a duly licensed mobile bane park. 1.4 After the effective data of this Ordinance add prior W the issuance of any required occupancy permits, no Dile here shall be located on any lot within a Dile tare park until at least me permanent marker is sat on a rather of the lot fronting on a street. The tenor 'permanent market includes, but is rut limited W, the following: a granite monunent, a concrete moms sent, an iron pin or a drill hole in ledge. 1.5 No mobile bane shall he located or occupied in the City of Bangor unless the Dile hone cmfoum W all standards of construction, design, and performance adopted pursuant to the National Mobile Hose Construction and Safety Standards Act of 1974 (42 O.S.C. 55 5401 or seq.), the State of Naim Manufactured Housing Pct (10 M.R.S.A. 55 9001 et seq.), or the State of Maine Industrialized Bousing law (30 M.R.S.A. 55 4771 at seg.), or any successive legislation or standards. Any mobile here presently located and occupied in the City of Hangoe which roes ort conform to said standards may renin, but may rot he replaced by a mobile h ane which does not conform to said standards. 1.6 No mobile tom shall be occupied for my purpose in the City of Bangor until a Certificate of Occupancy shall have been issued by the Director of Cade Enfomsesent and Fire Prevention, stating that the Dile hose and the Proposed use and/or occupancy thereof canplies with all applicable laws ant ordinances of the City of Bangor. 3.7 No Dile dose used as a principal residential building on an individual lot or in a Dile bane park may be replaced if the replacing nmbile have will create ranmnforming yards or separation distances or will increase any nonconformity of yards or separation distances existing as of the effective date of this provision. -3- au R xi ARTICLE 4 - PFRRM AND LICMSES Sec. 1 construction Fermit. % person, firm or corporation shall construct a new motile hone park or alter or expand an fisting mobperson shall hone park unless such persshall first cbtain a permit for such purpose, as follows: 1.1 Application shall he made to the Director of Ocie Enforcement and Fire Prevention for a 'Mobile I e Park Construction Permit. - 1.2 the applicant shell file with the application proof of ownership of the premises or of a lease or written permission fron the owner. 1.3 The applicant shall file with the application three copies of plans of the proposed mobile Mme park, drawn to a scale of not more than 100 feet to the inch, showing tM following information: 1.3.1 Name(s) and address(es) of owner and applicant. 1.3.2 The area and dimensions of the tract of land, inclWing contours at an interval of no more than 5 feet. this infuriation shall W derived or approved by a registered land surveyor. 1.3.3 The number, location, size aW shape of all nabile home lots anI tle locations of mile home stands on each lot. 1.3.4 The location, size and use of any existing or proposed buildings. 1.3.5 The nares of abutting property owners. 1.3.6 The location and width of rights -Of -way, street paverents, and walkways. 1.3.7 The location of water, serer, gas and other utility lines and the location and type of sewage aW refuse disposal facilities. 1.3.8 The results of soil percolation tests male in a repre- sentative manner by a registered engineer. Vdere public sewer is available this requirement shall be waived. 1.3.9 location and types of landscaping, as required under Article 5, Sec. 1.11 of this Qolinance. 1.3.10 Location aW types of recreation areae. 1.4 The plan accompanying the application for such permit shall be reviewed by the Director of Cede Enforcement and Fire Prevention and the City Engineer. These officials shall review the proposal for compliance with the requirements of this Ordinance and other applicable City Ordinances and shall report their findings in a recommendation, through the Planning Board, to the City Council. 1.5 With due consideration to the reoamiendations of the Director of Code Enforcanant and Fire Prevention and the City Engineer, the Planning Board shall review the proposal in oder to determine the suitahility of the site and the adequacy of the design and arrangement of lots, streets, walkways, street lighting, recrea- tion eca-tion and off-street parking facilities, landscaping and e th utilities as requixetl under Article 6 of this Ordinance. The Board shall hold a public hearing on the proposal cot less than ten (30) days after notice of such hearing has been p hlished in newspaper of general circulation in the City of hanger. The Board shall than report its findings (together with copies of the recwredatiore of the Director of Code Enforcement and Fire Prevention and the City Engineer) in recommendation to the City Council, where final action will betaken on the application. 1.6 The fee for a Mobile Hume Park Construction Permit shall he One Hundred ($100.00) Dollars. Such permit shall he issued for an initial period of twenty-four (24) xonthe from the date of At the ed of such period, if the construction has not been completed, the applicant may obtain an extension of said persit for a period of twelve (12) months. Thereafter, the applicant may continue to obtain extensions of twelve (12) months each until the project is completed. Ail extensions shall be rDtained from the Director of Code Enforcement and Fire Prevention, ad shall be subject to the following: 1.6.1 At least thirty (30) days prior to the expiration of the original permit, or any extension thereof, the applicant may make written application to the Director of Cede Enforcement and Fire Prevention for a permit extension. the application shall include such information as may be required by the Director of Cede Enforcanent and Fire Prevention for purposes of insuring that the project conforms with all local requirements, and shall also include a statement by the applicant indicating the current status of the project. Such statement shall include an estimated date for the project completion. 1.6.2 Upon receipt of such written application, the Director of Code EYnforcarent adire Prevention shall notify in writing the City Council and the Planning Bead, shall post notice thereof in the lobby of City Hall, and shall publish notice thereof once in a newspaper of general circulation in the City of Bangor. No extension of a construction permit shall be issued until fifteen (15) days after such newspaper publication. _cJ 1.6.3 the Director of Code Enforcement and Fire Prevention shall personally inspect the developeent and review all comments received. If he determines that the project is being oonstructed in compliance with previously approved plans and under all requirements of the Onlinances of the City of Bangor, he stall grant the extension application. If Fre determines that the project is not being Constructed in accordance with said plane or with any requirements u er the Ordinances of the City of Bangor, he shall deny the extension application and shall ratify the applicant in writing of his decision in a manner provided by law. written notice of all actions of the Director of Code Enforcement and Fire Prevention, either granting or denying the extensions, shall bs given to the City Council and the Planning Board. Ise Director of Code Enforc®meM and Fire Prevention shall also post notice of las decision in the lobby of City Hall for thirty (30) days. 1.6.4 A fee of One Hundred ($100.00) Dollars shall be paid by the applicant before any construction permit extension shall be granted pursuant to this Ordinance. Sec. 2 Operator's License. No person, firm or corporation shall operate o maintain a mobile ham park unless such person, fine, or corporation shall first obtain a license for such purposes, as follows: 2.1 application shall be made annually before the first day of January to the City Clerk for a "License to Operate and Maintain a While lKsme park." 2.2 The applicant shall file, with the application, proof of ownership of the promises or of a lease or written permission frau the owner. 2.3 'Sire City Clerk shall not i re esuch licee until written certification or approval has been received from the Director of Code Enforcement and Fire 1 Onticn stating that the mobile have park meats all requirements of all City Ordinances. 'Ae City Clerk shall post notice of the issuance or reveal of said licenses in the lobby of City Hall for thirty (30) days. 2.4 Ince fee for a License to operate and maintain a mobile Hass Park shall be in accordance with the following schedule: leas than 25 mobile hme lots $ 50.00 25 to 99 mobile home lots 100.00 100 to 199 mobile Ince lots 200.00 200 to 299 mobile here lots 300.00 300 or more mobile Fane lots 400.00 Q9 Sec. 3 Temporary Occupancy Pewit. Notwithstanding the requirements of Section 2 above, and prior to the expiration of a valid Mobile Hare Park Construction Permit issued pursuant to this Ordinance, the Director of Code Enforcment and Fire Prevention, upon application, may authorize the issuance of a "Temporary Occupancy Permit" so-called, the term of said permit to be estahlished by the Director of Cede Enforcement and Fire Prevention as part of his approval for purposes of permitting temporary occupancy of a portion of a nubile here park then under ccretruttim. No such application shall he in order for consideration until the applicant bas first obtainai written approvals Cram the City F gineer and the Director of Code Mforce went and Fire Prevention. No such written approval shall be granted, nor shall the Director of Cede Ettorcerent mrd Fire Prevention authorize the issuance of such xaoporary Occupancy Permit, except under the following conditions, and where the applicant has successfully complied with the following miniman standards: 3.1 No Temporary Occupancy Remit shall be issued for a period beyond the expiration date of the Kettle Hae Park Construction Pewit, or extension thermf; provided, however, in the event of the renewal of a construction pawit, the said Temporary Occupancy Pewit may also be renewed upon the sane tens and conditions provided herein for the granting of the initial Temporary Occupancy Pewit, and upon payment of an additional permit fee in accordance with Subsection 3.6 of this Section. 3.2 Said application for a Temporary Occupancy Pewit as provided herein shall contain a sufficient description of the lots to he occupied, and in no event shall said pewit be issued for less than 25 lots. No las may be occupied except as permitted by said pewit. 3.3 All such lots and inprovements thereon shall coyly with the requirements of the Ordinances of the City of Bangor and the laws of the State of Maine. 3.4 Capletion of special developments and construction requirements of this Ordinance applicable to the mobile Fame park as a whole, tot directly affecting the health and welfare of potential o¢upants of said lots, and trot directly applicable, to said lots, may be suspended on a short -tem basis for a period not to exceeri the tem of said 'Temporary Occuparty Permit, but only when the Director of Cade Enforcement and Fire Prevention shall detemine that said requirements cannot be reasonably met by the applicant because of unfavorable climatic conditions. The Director of Code Enforca vent and Fire Prevention may condition his approval upon completion Of said suspended requimuents pursuant to a pre- cribed schedule to be made a part of said Temporary Occupancy Remit. The Director of Code Enforcement aha Fire Prevention shall give written notice to the City Council of the issuance of a permit under this subsection. -7- 3.5 Ise City Council nay require a bond, in a form and in an anent to be determined by said City Council, if it determines that the posting of said bad] is reasonably necessary to guarantee completion of said suspended requirements. If the City Council, acting at either a regular meeting or a special senting, fails to require said bond within ten (10) days of the issuance of said permit with said suspended requirements, than the Council shall have waived its right to do so. 3.6 All fees fon said permit shall be in the seas ascots as established for an Operator's License under this ordinance. 3.7 Issuance of a Temporary Occupancy Permit as provided hereunder shall not he construed as a waiver by the City Council, City Engineer or the Director of Code, Enforcement and Fire Preventim of the requlremeMs provided for the issCance of an operator's Licemse pursuant to this Ordinance; and shall cot grant w the applicant oroccupants of said lots my rights to Occupy said lots leyondthe expiration date of said Temporary Occupancy rermit. 3.8 m a condition of said Temporary Occupancy Permit, the applicant shall: (1) post a copy of said Tanporary, Occupancy Permit in a osnapichous place generally accessible to all tenants or occupants of said park; and shall (2) give notice in writing to all potential or prospective tenants or occupants of such lots that the applicant does not have a valid Operator's License for said park; that any tenants Or occupants of such lots must move in the event that the applicant fails to comply with the conditions of said Temporary Occupancy Permit as provided therein; and a varbatha statement of the conditions; and expiration date of said Temporary Occupancy Permit. 3.9 Upon receipt of such written application, the Director of Cede Enforcement and Fire Prevention shall notify the City Council, ahall pmt Option thereof in the lobby of City Hall, and shall publish notice thereof once in a newspaper of general circula tion in [ha City of Bangor. NO Temporary Occupancy Permit shall he issued until fifteen (15) days after suHt newspaper publication. Subsequently the Director of Code Enforceiont and Fire Prevention shell else post notion of his decision whether to issue the permit in the lobby of City Hall for thirty (30) days. Is -8- Sec. 1 New or Expanded Mobile Hale Parks. New mobile hoe parks and expansions of existing mobile here parks ahall confoon to the following minimum requirements, unless otherwise modified in accordance with the special provisions set forth in Section 3 of this Article: 1.1 Mobile home parks may he authorized for development only in such locations as provided for in the Zoning Ordimnce of the City of Bangor. 1.2 Mobile A e parks shall be located on a well drained site properly graded to ire rapid drainage and freedon from stagnant pools of water. The site shall not he exposed to objectionable smoke, noise, odors or any over adverse influences, and no portion subject to unpredictable sudden flooding, subsidence or erosion shall n used for any purpose which would expose persons or property to hazards. 1.3 A Mobile hone park shall be located on a single parcel of laM having a minis m area of 15 acres. 1.4 All mobile homes shall he located at least 30 feet frau all n ile hoe park boundary lines and shall to screened from adjacent properties and public streets in accordance win Section 1.11 of this Article. 1.5 A minimum of 25 bile tome lots shall be completed and provided win all Utilities, streets and Sidewalks as required by this Ordinance before occupancy of the mobile home park shall be permitted. 1.6 All bile Mmea shall contain not less than 450 square feet of floor area. 1.7 lot size and sat back raouiramenn. , 1.7.1 Ban inAlvidual mobile home lot shall not be less than 6,000 square feet in area, and shall not be lase than 50 feat wide and 110 feet deep. 1.7.2 No bile hone shall to located less nen 5 feet from the side and 20 feet from the rear lines of an individual mobile Name lot, and there shall be a minimum distance of 20 feet between adjacant mobile hones. 1.7.3 No bile hone shall be located less than 20 fast from the right-of-way line of any street, or less than 40 feet from a service building, within the park. 1.8 Streets, Walks and Parking. 1.8.1 All mohile home parks shall be p idedi with safe and comenient vehicular access from abutting public streets or roads; to each mobile home lot. All park streets shall be cell drained, paved, maintained in good omdition, and at night adequately lighted. All streets within the park shall have a minimun right-of-way width of 50 feet. Pavement width shall be no less then 36 feat where parking is permitted on both sides of the street. hhere parking is permitted on only one side of a street the minimum pavenin[ width shell be 28 feet and where all on -street parking is prohibited the minium pavement width shall be 20 feet. 1.8.2 All streets within a mobile Mame park shall be constructed to standards specified in the Subdivision ordinance. 1.8.3 All streets within a mobile True park shall be furnished with lighting wits to provide the following average maintained lovels of illumination: (1) All parts of street system 0.6 foot candle, with a minimm of 0.1 foot candle. (2) Street intersections, steps or rmge: individually illuminated with a minimam of 0.3 foot candle. 1.8.4 Dead-end streets shall be limited in length to 1,000 fast, and at the closed end shall be provided with a turn- around having a mrnimun radius of 50 feet. 1.8.5 Paved walkways not less than three feet in width shall connect each noodle home stand to a paved street or to a pavai driveway connecting to a paved street. 1.8.6 Two off-street parking spaces shall be provided on each mobile have lot. 1.9 mobile home lots shall provide an adequate stand, apP ed by the DlractOr of Coda Enforcement ani Fire Prevention, for the placemen of a mxbile home. Stands shall be of such construction as to prevent heaving, shifting, or settling as a result of frost action, poor drainage or other such forces. 1.10 All individual mobile homes shall be eguippad with skirting or other type of enclosure. 1.11 landscaping. 1.11.1 Where possible, existing trees shall he preserved, and mobile home stands shall be oriented with -10- respect to scenic vistas, natural landscape features, topography, and natural drainage areas. 1.11.2 lawn and other ground cover shall be installed on all except those covered by structures, paved or areas rfaced areas and planting bads, and undisturbed areas vire such as words and ravines which are to be preserved in their natural state. 1.11.3 Screen planting, providing a dense visual barrier at all times, atoll be provided around the boundaries of the park and around laundry drying yards, garbage and trash collection stations, noMresidential zees, and along rear lot lines of all mrbile tone lilts. Screens shall consist of shrubs or trees at least five feet wide and, at the then of planting, at least four feet in height, and eventually reaching a mature height of at least six feet. The screen planting zone extending along boundary lines shall have a minimum width of 15 feet. 1.11.4 Other planting shall be provided and shall be adequate in size, quantity and character to provide an attractive setting for the mobile tomes and other imprwmnents, zo provide adequate privacy and pleasant outlooks for living units, to minimize reflected glare and to afford summer shade. 1.12 Recreation areas shall he provided for the use of mobile hone park residents. The size of such areas shall be based upon a of 600 square feet for each mobile hose lot in the development, with on single recreation area being less than 15,000 square feet. Such areas shall be easily accessible to all park residents, located so as to be free of traffic hazards and, Mere topography permits, centrally located. Any buildings provided for recreation areas shall contain adequate toilet facilities. The hunter end location of such facilities shall be determined by the Planning Board and the Director of Cade Bnforcamnt and Fire Prevention. 1.13 All transformer boxes, substations, puaping stations and meters shall be located and designated as rot to be unsightly or hazardous to the public. 1.14 Any construction of, or in, a m1hile Mme park shall be none according to the approved plan and shall be conpleted no later than the expiration data of the Mobile Hare Park Construction Permit. Construction will be deened to he cmpdwtsd although the final site and grading work has cot been camgleted as to any individual mobilehom lots provided, hovever, that said final site and grading work will be completed as to any individual mobile hone lot prior to any ocoupancy but within a period of sixty (60) days from the date that any mcbile hate is placed on said lot. Final paving of the street and driveways shell be ormgleted no later than June 30th of the year following final construction of said street. -11- Sec. 2 Existing lbbile Bang Parks, mobile hone parks in existence prior to the effective date of this Ordinance shill cnnforn to the following requirements. 2.1 within ninety (90) days after said effective data the owns or operator of such park shall be required to suhmit to the Director of Code Enforwrent and Fire Prevention a general site plan of the park, showing the following intovnation as it existed on the effective date of this Ordinance: 2.1.1 Name(s) and address(es) of the owner and operator. 2.1.2 Area aha divenaims of the park. 2.1.3 Number, location, size and shape of all bile hens lots. 2.1.4 hamiber, location and size of all mobile homes and buildings. 2.1.5 location and width of all streets and walkways. 2.1.6 Approximate location and size of water, sewer, gas arc! other utility and sewage disposal facilities. 2.2 The coverage of any lot shall rot be increasa3 over that existing on the effective data of this Ordinance, o e rn the case, of lots unoccupied by bile home on such date, lot CWOrage shall eat be increased Wer what it was when last occupied prior to the effective data of this Ordinance. 2.3 Any existing mobile home park developed prior to September 13,. 1971 may be reconstructed in its entirety in accordance with the provisions of this subsection. 2.3.1 Any application for the reconstruction of an existing mobile hone park under this subsection shall comply with the provisions of Article 4. 2.3.2 To he eligible for the reconstructing of a mIDlle ham park under this subsection, the existing mobile home park moat be located in a zone in which a bile hums park is either a permitted or special exception use. An application for the reconstruction of an existing mobile Mme park must also receive any or all approvals which may be necessary under the Zoning Ordinance of the City of Borger, as the sone may be amnded from time to tine. 2.3.3 Ae Planning board shall review all applications for the temnstructim of an existing mobile ham park in accordance with Article 4, Sec. 1.5. Before the Planning Baird may reoTmand the proposed reconstruction in its report to the City Council, the board shall determine the following: -12- a. That the proposed rerniatrmtion will ant result increasein an in density, as compared to that of the existing mobile fare park. Density being measured as the number of mobile Ixme lots per acre. b. that the proposed remnetmctim will not result in n increase in the percentage of lot coverage, as ooppared to that of the existing mobile hone park. The percentage of coverage being calculated by dividing the square footage of the mobile hones by the square footage of the land area devel ped for vohile hare lots. c. net it would constitute an undue eranaa c hardship to require that the reconstruction of the existing mobile haoe park he in accordance with the provisions applicable to new or expanded mobile Ivre parks. ate applicant must devonstrate that reconstruction of the mobile have park inarcordance with the re Iairements contained] in Article 5, Sec. 1 would result in the failure to realize a reasonable rate of return on the rreestment necessary for such a reconstruction of the mobile more park in question. 2.3.4 Alternative 4veloment Requirarents. For those applications ear reconstruction of an existing mobile hone park where the Planning Board determines that compliance with any or all of the requirements of Article 5, Sec. 1 would result in an undue economic hardship, the Flaming Board may approve reconstruction plans which mnfom to the minimun standards set forth below (Note: If an alternative standard is not set forth herein, the applicable standard set forth in Article 5, Sec. 1 shall apply to the proposed reconstruction of an existing mobile hone park.): a Miniman land area for the reconstructed mobile bare park: lard area of the existing while have park. b. No nooilehone in the reconstructed mobile bare park shall be located any closer to the park boundary than were the mobile Innes in the existing park. c. Int size and setback requir®ents: ( i) Minimum mobile bane lot size: 3,060 square feet in area (W Minimm mobile have lot width: 34 feet (iii) Minimm mobile hone lot depth: 75 feet, measured parallel to the mile home side lot line (iv) Minimum distance frm mobile Fare to any lot line: 5 fest -13- (v) Minimum distance between adjacent mobile e. Screen planting zone along nubile hose park boadary lines shall have a minimoa width of 5 feet. f. Recreation areas shall not be required for reconstructed mobile tare parks containing less than 65 mobile home lots. If the reconstructed park contains 65 or uore mobile home lots, the Planning Board shall determine now much recreation area is adequate to service the residents of said perk. g. Detached accessory structures are prohibited on mobile hume lots in a mobile home park remnstrveted under this subsection (2.3). Attached structures, such as awning, cabana, storage cabinet, windbreak, or porch are permissible as long as the grecs floor area of the smme aces not exceed 32 square feet. for purposes of all sepazation requirements inposed by this @ inanbe, attached structures shall be considered to be a part of the vabile home. 2.3.5 My existing mobile home park to be reconstructed under the provisions of this subsection (2.3) may be expanded onto adjacent land area in accordance with development standards contained Weis.Provided, however, that the expansion shall be limited to a land area which does not exceed 358 of the lard area of the existing nubile home Wk. Before the Planning Burd may recommend such an expansion, it shall determine that the requested expansion is necessary in order to make the reconstruction of the existing nubile hone park economically feasible and that the expansion will not have an undue adverse effect he the properties in the neigNuorheod. -I4 Innes: 20 feet d. Streets, Mike, and Parking: (i) All streets within the reconstructed mobile base park shall have a minimm right of way width of 20 feet (ii) Pavement width of said streets shall be no less than 20 feet 11117 Deb.1-end streets in reconstructed mobile here Wks shall be no lager than 2,000 feet (iv) At least one off-street parking space shall be pewided on each mobile bore lot (v( In the event that the paveamnt width in a reconstructed mobile hone park is less than 36 feet, on-streat parking in said park shall be consistent with the provisions of Article 5, Section 1.8.1 e. Screen planting zone along nubile hose park boadary lines shall have a minimoa width of 5 feet. f. Recreation areas shall not be required for reconstructed mobile tare parks containing less than 65 mobile home lots. If the reconstructed park contains 65 or uore mobile home lots, the Planning Board shall determine now much recreation area is adequate to service the residents of said perk. g. Detached accessory structures are prohibited on mobile hume lots in a mobile home park remnstrveted under this subsection (2.3). Attached structures, such as awning, cabana, storage cabinet, windbreak, or porch are permissible as long as the grecs floor area of the smme aces not exceed 32 square feet. for purposes of all sepazation requirements inposed by this @ inanbe, attached structures shall be considered to be a part of the vabile home. 2.3.5 My existing mobile home park to be reconstructed under the provisions of this subsection (2.3) may be expanded onto adjacent land area in accordance with development standards contained Weis.Provided, however, that the expansion shall be limited to a land area which does not exceed 358 of the lard area of the existing nubile home Wk. Before the Planning Burd may recommend such an expansion, it shall determine that the requested expansion is necessary in order to make the reconstruction of the existing nubile hone park economically feasible and that the expansion will not have an undue adverse effect he the properties in the neigNuorheod. -I4 Sec. 3 Special Provisions. Notwithstanding other provisions of this Ordinance relating to space, bulk, and use, the Planning Board in reviewing plane for proposed mobile ham parks may ardify said provisions to facilitate innovative approaches to envirom ental design, provided that all of the following standards are maintained: 3.1 Inc purpose and intent of this Ordinance shall be upheld. 3.2 Thane shall he coapliance with all state end local codes and ordinances. 3.3 Net residential density of the develggaoent shall rot exceed 7 mobile hares per acre. For purposes of this Ordinance, net residential density shall he computed by dividing the total number of mobile hcmza lots by the total mobile lone lot area (in acres). 3.4 in cases of lots fronting on cull-de-sac or irregular shaped lots resulting fma a curvilinear street pattern, miniam lot size may be modified by reducing frontage and depth requirements by no more than 258. 3.5 Residual space accmmlated by reducing lot size requirements within the allowable density limits shall he ended to the required recreational space and shall he designated as such on the site plan of the development. 3.6 Front yard setback requiromeats may he modified by a reduction of up to 506. 3.7 Side yard requirements may be modified by a reduction of W to 508. 3.8 Back yard requirements may he modified by a reduction of up to 504. -15- CHAPTER xi ARIICIE 6 - UTILITIES Sec. 1 Water Wool 1.1 An accessible, adequate, safe, and potable supply of water shall be provided in each bile hone park. Mhete a public water supply is available, connection to such systan shall be required and its supply used exclusively. Yfien a public water supply is not available, a private water supply may be developed and used subject to approval by the Director of Code Enforcement and Fire Prevention, City Engineer aM the State ➢apartment of Ewan Services, Division of Health ElgineeCing. 1.2 Tba water supply shall he capable of delivering a minimmm of 150 gallons par day par uobile hone. 1.3 L ery wall or auction line of the water supply system shall be located and constructed in such a roamer that neither under - grown] Our surface crntmmiretion will reach the water supply from any source. 1.4 The water supply system shall be connected by pipes to all mobile Mmes, buildings, arta other facilities requiring water. 1.5 All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with the state of Maine law, the State Pl maing Code, and local regulations and shall be of type and in locations approved by the Director of Code Enforcement and Fire Prevention and the City Engineer. Sec. 2 Sewage Disposal. 2.1 Sewage disposal systema stall comply with all State of Maine laws, the state Plumbing Code and local codes a ordinances. 2.2 Any nmbile hone park located within 1,000 feet of an existing public sewer shall be required to provide a savage system for the park designed by a registered engineer to connect to the existing public sourer. 2.3 Septic sewage disposal systems for individual while Mmes in a mobile here park shall be prohibited. 2.4 If public sewer is unavailable, a sewer system and treatment facility for the entire mobile Mme park, designed by a registered engineer, shall be required. 2.5 Design of all sewer facilities shall require approval of the City Engineer. -16- Sec. 3 Electrical Distribution System. 3.1 Every while hone park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in ccordance with all applicable State of Maine laws and local miles and regulations governing such systems. All facilities shall be approved by the Director of Code Erfomment and Fire Preventim. 3.2 All electrical distribution facilities shall be lccated unulergrountl. Sec. 4 Refuse Disposal. 4.1 1be storage, collection and disposal of refuse in the m pile here parks hall be so conducted as to create he health hazards, orient hazbora , insect breeding areas, accident or fire hazards or air pollution. 4.2 Each mcbile hang shall be provided with sufficient flytight, watertight, rnxlentproof containers to adequately store all refuse. 'Ae licensee shall be responsible for the regular removal of such refuse at least equivalent to the frequency of the City's collection of such refuse. �al will be to such places as may be approved by the City. Sec. 5 Fuel Supply and Storage. 5.1 Natural gas and liquified gas systems shall comply with all applicable sections of N.F.P.A. 54 and N.F.P.A. 58. Installation of systeiss shall be subject to inspection and approval by the Director of Cede Enforcement and Fire Prevention. 5.2 All fuel oil supply systema shall he constructed and installed 1n each mcbile Yore lot in accordance with all applicable sections of N.F.P.A. 31 and the regulations of the state of Nainre Department of Environmental. Protection. installation of the system shall be subject to inspection and approval of the Director of Code Enforcement and Fire Prevention. Sec. 6 Service Buildings. The following xequirarents shall apply to any service buildings located In a mobile hone park, inclling management offices, repair shops, storage buildings, laurdry buildings aM sanitary facilities. 6.1 Buildings shall meet all reguiraments of the Building ode Of the City of Bangor. 6.2 Plumbing in any service building shall eget all requirements Of the State Plumbing Cade. -17- Sec. 7 Accessory Structures. The following requirements shall apply to any accessory structures located on an individual nchile hate site and accessory to the vobile hare. 'Re accessory structure shall: 7.1 not exceed a width of 24 feet or a length of 26 feet; 7.2 be located not leas than 20 feet from the street right- of-way, not less than 5 feet from a rear lot line, and out less than 5 feet fran a side let lire; 7.3 not exceed a well height of 10 feet her have a'rcof pitch exceeding 5" per font; 7.4 not obstruct required openings for light and ventilation of the mobile Fomes her prevent inspection of any mobile Foie equipment or utility connection. Notwithstanding other provisions of this Ordinance, the Director of Cole Enforcement and Fire Prevention may grant permits for accessory structures for Lriividual mobile Maes which meet these requirements. Sec. 8 Attached Structures. The following reguirarsnts shall apply to any extensions to mobile Maes such as porches, porticos and decks. Such attached structures shall: 8.1 meet all Yuri requirarents for the mobile home as enumerated in Article 5, Section 1.7 of this Ordinance; 8.2 not be used for the storage of motor vehicles; 8.3 not be extended to less than ten feet fran My other mobile here; 8.4 not exceed 250 square feet in area. m Lli�i[ea en&64*"A,MVgiru1 ODar, 0. - Sec. 1 Responsibilities of the licensee. 1.1 ]fie licensee shall operate the park in caspliance with this ordinance and mall provide adequate supervision to maintain the park, its facilities end equipment in goad repair and in clean and sanitary condition. 1.2 'the licenmee shall notify park occupants of all applicable provisions of this Ordinance and inform then of their duties and responsibilities thereunder. 1.3 A mobile hour stall not he occupied for dwelling purposes unless it 1s properly placed on a mobile have stand and connected to water, savage, and electrical utilities. The licensee mall be responsible for the proper placeuent of each mobile lane stand and for the proper installation of all utility connections. The licensee shall also he responsible for the disconnection of all utilities prior W to departure of a mobile mase. 1.4 The licensee shell maintain a register Containing the names of all park occupants. Such register will to available to any civil authority inspecting the park. 1.5 the license certificate stall be conspicuously posted in the office of or on the prenises of the mobile hone park at all times. 1.6 the licensee shall be responsible for notifying the Assessor of the arrival or impending departure of any mobile Favre or charge of ownership that occurs within the park. -19- ❑iAP1ER XI Sec. 1 Enforcanent 1.1 Inspections. the Director of Cade Enforcenent and Fire Promotion, or his duly authorized representatives, are hereby authorized and directed to make inspections to detemuine the conditions of a mobile hone park located within the City of Bangor in order that they may perform their duties of safeguarding the health and safety of occupants of mobile home parks and of the general public. Said Director, or his duly authorized representatives, shall have the power to enter at reasonable time upon any private or public property fur the purpose of inspecting or investigating conditions relating to the enforcamnt of this ordinance. 1.2 Violation Procedure. If, after mry inspection, the Director of Cade Mforcrsrent arca Fire Prevention determines that a violation of any provision of this Ordinance, any provision incorporated herein, exists, the said Director shall issue a written order requiring discontinuance of the alleged illegal action or condition and correction of the violation within a reasonable period of time may he established by said Director, said period of ties not to exceed thirty (30) days fron the date of issuance of said order. Such order shell contain a description of the violation or suspected violation and shall be directed to and served upon either the alleged offender, the owner of the mobile home park, or his Want. Service shall be by United States mail or personal. If the alleged illegal action or condition is rot discontinued and the violation corrected within the period of time proscribed in the order, the Director of Cade Enforcement and Fire Prevention and the City Solicitor are hereby authorized to institute appropriate proceedings at law or in equity to restrain and/or correct such violation Or to reQ ire the discontinuance of the alleged action or condition in violation of the prwisions of this Ordinance or the order made pursuant thereto. Such actions may be brought in .the here of the Director of Code E1\£orcenent and Fire Prevention in his official capacity ard/cr in the none of the City of Bangor. 1.3 Violations. Any condition existing in violation of any provision of this Ordinance or of any provision inwrporated herein is a nuisance. Sec. 2 Appeal. 2.1 An appeal may he taken to the Zoning Burd of Appeals by an order or decision of the Director of Code Enforossent and Fire Prevention in accordance with the procedures set forth in Chapter VIII, Article 24. -20- Sec. 3 Civil Penalties. the naquirarents of 30 M.R.S.A, 5 4966 shall apply to :he determination of penalties for violations of this Ordinance. The minimanpenalty for a specific violation of this ordinance shall be $100 and the maximwa penalty shall be $2500; provided, Maaver, the maxinnm penalty may exceed $2500, Wt shall rot exceed $25,000 when it can be atw>n that thare bas been a previous conviction of the senn party within the past two (2) years for violation of the sere Ordinance provision. Sec. 4 SeosrabilitY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason hold smalid or unconstitutional by any caurt of competent jurisdiction, uch portion shall be deed a separate, distinct and independent provision and such holding shall no: affect the validity of the raoainirg portions hereof. -21- Proposed Amenkments - Council Ordinance #85-58 (1) TBAT Chapter XI, Article 6, Section 1, Subsections 1.1 and 1.3, on page 16, be Menial to read as follows: Sec. 1 Water Supply. 1.1 An eetessib}e; redequate; reafe; 2r,}patebleyupp}p M-water- ehald-4epeeride9-.irteeegawbile Mme-park.--hgerea@'AFie wat -supply ia-avai-1a83erc¢nnectieniv are Public water eOIA }p. Public water ✓ mustavailablefor each supply moat he available for eacM1 mobile have Dark. -xfiert supply yuBlmvreleesu@ply- is-,uCaraHaB�,-s-peiaale vMee supplP�asY-bedevelgc9-sx}uaed 56bM't- leaP' SfrrYEaeFr€-Crode-6n€oreemmt-ax}{'4ro-peeYenti,aaregr�'Ey - ty e i.inane-N,e-Seaee-aparuenc-Onnectan-serv#eee:r,- itsesuppl Connection to such sys[an be 1 reauireEq-nd shall be rewired and its supply used exclusively. r/1.3 Every wei;-eesuelion3#weo€-lM1e-watec supply system snall be, located and constructed in such a manner that neither undergmund par surface contamination will reach the water supply from any source. (2) TEAT Chapter %1, Article -6, Section 2, SLbsectiens 2.2 thrccgh 2.4, on page 16, be amended to read as follows: Sec. 2 Sewage Disposal. 2.2 Every asymcbile han- park -l�w€lain-},Ogg_€ of ialiegpW>lie-aewee shall be required to provide a sewage system for the park designed by a registered ergitxer to connect to the existing pubjic sewer. _ v2.3 Septic sewage dispwal systams-Ea-is4avidua)-are4ile. - p in a mobile have park shall he prohibited. 2:4-.F€P�+B}io-sewr-#s-unav#lable.aseres-systaeagA - EseaEwent-£aeSHEY-€x-tlg¢nEi-re-meBil4pesa{vrk. fiesigaedby-a-rag#se i�w}iseer-, ahal;-6erecNieed.