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.