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HomeMy WebLinkAbout1983-11-14 84-19 ORDINANCE84-19 Intr�uced by Councilor Cm:, November 14, 1983 N CITY OF BANGOR (TITLE.) @rbivatSrr, Amending the Mobile Hom Ordinance of the of Bert ordaiwd by dw Cit Coontit of � Cit of Bangor, w fH . THAT Chapter XI of the Laws and Ordinances of the; City of Bangor be amended by adding the following provisions thereto: Article 3, Section 1.5 1.5 No mobile home shall be. located or occupied in the City of Bangor unless the mobile home conforms toall standards of construction, design, and performance adopted,pursuant to the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 at seq..), the State of Maine Manufactured Housing Act (10-M.R.S.A. § 9001 et seq.), or the State of Maine Industrialized Housing Law (30 M.R.S.A. § 4771 at seq.), or anysuccessive legislation or standards. Any mobile home presently. locatedand occupied.in. the City of Bangor which does not conform to said standards may remain, but may not be replaced by amobilehome which does not conform to said. standards. Article 3, Section 1.6 - 1.6 No mobile home shall be occupied for any par use In the City, of Bangor until s certificate of occupancy.. shall have been issued by the Zoning and Code,Enforcement Administration Officer, stating that the mobile hope. and the proposed use and/or occupancy thereof complies withall applicable laws and ordinances of the City of Bangor. Article 3, Section 1.7 1.7 No mobile home used as a principal residential building o an individual lot or in a mobile home park may be replaced if the replacing mobile home will create nonconforming yards or separation distances or will increase any nonconformity of - yards or separation distances existing asof the effective data of this provision. - Article 5, Section 2.3 2.3 Any existing mobile home park .developed prior. to September 13, 197 .may be reconstructed nstructed i its entirety in accordance with the provisions of this subsection. 2.3.1 Any application for the reconstruction of an existing mobile home park under this subsection shall comply with the provisions of Article 4. 2.3.2 To be eligible for the reconstruction of a.mobile home park under thissubsection, theexisting mobile home park must be located in a -zone in which mobile home park is either a permitted or special exception use. An application forthe reconstruction of an existing mobile home park must also receive any or all approvals which may be necessary under the Zoning Ordinance of the City of Bangor, as the same may be amended from time to time. 2.3.3 The Planning Board shall review all applications for the reconstruction of an existing mobile'.home park in accordance with Article 4, Sec. 1.5. Before the Planning Board may recommend theproposed reconstruction in its report to the City Council, the Board shall determine the following: a. That the proposedreconstruction will not result in an increase in density., as compared to that of the fisting mobile have park. Density being measured as the number of mobile home. lots per .acre. b. That the proposed reconstruction will -not result in an increase in the percentage of lot coverage, as compared to that of the existing mobile home park. The percentage of coverage being calculated by dividing the square footage of. the mobile homes by the square footage 'ofthe land area developed for mobile home lots. C. That it would constitute an undue economic hardship to require that the reconstruction of the existing mobile home parkbein accordancewith the provisions applicable to new or expanded mobile home parks. The applicant must demonstrate that reconstruction of the mobile home park in accordance with the require- ments contained in Article 5, See..1 would result n the failure to realize a reasonable,rate of return an the investment necessary for. such .a reconstruction of the mobile home park in question.. 2.3.4 Alternative Development Requirements For those applications for reconstruction of an existing mobile home 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 Planning Board may approve reconstxuction.plans which conform to the minimumstandards 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 home park.): a. Minimum land area for thereconstructed mobile home park: land area of theexisting mobile home park. b. No mobile home in thereconstructedmobile home park shall be located any -closer.. to the park boundary than were the mobile homes.in the existing park. c. lot size and setback requirements: (i) Minimum mobilehome lou sizer 3,060 square feet in area (ii) Minimum mobile home lot width: 34 feet (iii) Minimum mobile homelot depth: 75 feet, measured parallel. to themobile home .side lot line. Uv) Minimum distance from mobile .home to any, lot line: 5 feet (v) Minimum distance between adjacent mobile homes: 20 feet - d. Streets, Walks,. and Parking: (f) All streets within the reconstructed mobile home park shall have a minimem right of way width of 20 feet. (ii) Pavement width ofsaid streets shall be no less than 20 fees. (iii) Dead-end streets in reconstructed mobile home parks shall be no longer than.2,000 feet. Uv) At least one off-street parking space shall be provided on eachmobile home lot.' e. Screen planting zone along mobile home park boundary lines shallhave a minimum width of 5 feet. f. Recreation areas shall not be required for reconstructed mobile home parks containing. less than 65 mobile home lots. If the.reconstructed park contains 65 or more mobile home lots, the Planning Board shall determine howmuchrecrea- tion area s adequate to service the residents of said park. g. Detached accessory structures are prohibited in a mobile home park reconstructed under this subsection (2.3). Attached structures, such as an awning, cabana,. storage cabinet, windbreak, or porch are permissible as long as the gross floorarea of.the same does not exceed'32 square feet. For purposes.of all separation requirements imposed by this Ordinance., '.attached structures shall be considered to be a part of the mobile home. 2.3.5 Any existing mobile home park to be reconstructed:under the provisions of this subsection (2.3) may be ;expandedonto adjacent land area in accordance with development standards contained herein. Provided, however, that the expansion shall be,limited to a land area which does not aceed. 35% of the land area of the existing mobile homepark. -Before the Planning Board may recommend such an expansion, it shall determine that the requested expansion is necessary in order to make the reconstruction of the existing mobile home park economically feasible and that the expansion will nor have an undue adverse effect on the properties in the neighborhood. AND BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter XI, Article 5, Section 1 of the Laws and Ordinances of the City of Bangor be amended as follows: 1.1 Mobilehome parks may be authoxized for development only in Agrieu}£era}-genes such locations as Provided for in the Zoning Ordinance o the city o Bangor. STATEMENT OF FACT: Article 3, Section 1.5; Article 3, Section 1.6; Article 3, Section 1:7; and Article 5, Section 2.3 are all additions to the Mobilehome Ordinance. In Article 5, Section 1.1 additions are underlined and deletions are streak -sae. In City Conseil November 14,19&3 I Retared to Planning Board consider\ ' lot melting in December Councilor Mc Carthy Abstained C ty clerl - 84-19 ORDINANCE TITLE, amending of the City of Rancor IntrfAawd end f1w bg _.. a�mc itm4n In City Council 0ecember 12,1983 Passed as amended Amendment attached Vote -8 yea 1 Abstained Voting yea Brown,Cax,Davis Prdnkel,dordnn,Tilley, WheelerlWillay Abstained Sic Carthy City Clatk MEMORANDUM December 12, 1983 TO: Bangor City Council FROM: Thomas A. Russell, Asst. City Solicitor RE: Council Ordinance 84-19 (Amendments to Mobile Home Ordinance) Discussions with Bob Burke and Sandy Smith have raised two sues which should be addressed by amendments to Council Ordinance 84-19. Chief Burke has expressed a concern that emergency vehicles may have a difficult time gaining access to a reconstructed mobile home park if it is built in accordance with the minimum right of way width (20') and the minimum pavement width (20') set forth in proposed Article 5, Section 2.3.4(d)(i) and Section 2.3.4(d)(ii). Basically, he isc- cerned that a cumulation of .snow from snowplowing operations and the parking of vehicles on the mobilehome nark street could make access by emergency vehicles virtually impossible. The first. amendment set forth below is designed to address that potential problem.. Sandy Smith has pointed out that the current language.of proposed Article 5, Section 2.3.4(g) could be interpreted toprohibitthe location of a central dumpster or community .storage building in a reconstructed mobile home park. The second amendment set forth below would make it clear that the prohibition on detached accessory structures applies only to mobile home lots within the reconstructed mobile home park. In light of the above, I recommend that Council Ordinance 84-19 be amended as follows: (1) That Article 5, Section 2.3.4(d) be amended by adding the following -thereto: (v) In the event that the pavement width in a reconstructed mobilehome park is .less than 36 feet, on -street parking in said park shall be consistent with the.provisions of Article 5, Section I.S.I. (2) That the first sentence of Article 5, Section. 2.3.4(8) be amended to read as follows: Detached accessory structures are prohibited on mobile home 'lots in a mobile home park reconstructed under this su�- cion (2.3). [Additional language underlined.] PC: John Flynn �eVyi Robert Miller T.A.R. Sandy Smith John Lord Robert Burke Forrest Grant 8engor, the anter of Maine—the Catena to Maim's North Woods and Seashore Resorts RN)NaYa MEKAY CITY HALL DIMM, RANGGRL MAINE 04001 JOHN M, LORD TEL. 207 19474341 A...i.,a,,.. Qdg of �'t Vr, CldAnim DEPARTMENT at PI-ANNINES and COMMUNITY DEVULOMMONT DATE: - December 1, 1983 T0: The Honorable City Council FROM: The Planning Board SUBJECT: Referral of C.O.A 84-19 Amending. the Mobile Home. Ordinance City of Bangor _ Please be advised that the Planning Board at its regular meeting of November 21, 1983 "reviewed the proposed amendment to the Mobile Home Ordinance contained in C.'0. 8 84-19. After considerable discussion about the problems of dealing with obsolete mobile home park developments, the Enard voted 5 in favor and 0 opposed to recommend that the City Council adopt the provisions contained in C.O. ; 84-19.