HomeMy WebLinkAbout1979-06-11 283 AG ORDINANCE283 AG
(AMENDED)
CITY OF BANGOR
(TITLEJ Wrl}iit=rfff __. Amending_Chap ter XI__._. Mobile Home_Ord}nance._,_
Bs it ordainsd by tbs City Cowv,4t of the City ofBanpor, a fWtaov
THAT the following provisions of Article 4 o Chapter XI be amended
as follows:
Sec. 1.1 Application shall be made to the G#ty-G}erk Zo�ninand
Code Enforcement Administration Officer for a "Mobile Home Park Con-
struction perm t .
Sec. 1.6.2 Upon receipt of such written application, the Zoning
and Code Enforcement Administration Officer shall notify in writing the
City Council and the Planning Boards e€-the-app}}sae}en;-end-eeEab}ieh
e-€#€Eeen-f#6)-deq-wa}E ing-per#ed-daring-whish-nnqdint tressed -party;
ne}nd}ng-lhe-6xfy-6euhe#};_may-Hake-wr}!!en-eemmenfe-toegaxd nbn} shed -!e
Ehe-Zen#ng-end-Gede-EoticeethereAdm#n#she lobby ofseer-regarding-rhe
publish. shall post notice thereof the lobby of City Hall, and shall
publish Bangor tTiNO once rn a a ez T [ton rn e5e
nt o or. No eztens ono a na truc uon ➢et a stdali5 sswe
until 1 teen 5) CaYs a Cer s news➢apes pu cations
Sec. 1.6.3 The Zoning and Code Enforcement Administration Officer
shall personally inspect the development and review all comments received.
If he determines that the project is being constructed in compliance with
previously approved plans and under all requirements of the Ordinancesof
the City of Bangor, he shall grant the extension application, If he -
determines that the project is not being constructed in accordance with
said plans or with any requirements under the Ordinances of the City of
Bangor, he shall deny the extension application and shall notify the
applicant in writing of his decision in a manner provided by law. Written
notice of all actions of the Zoning and Cade Enforcement Administration
Officer, either granting or denying the extensions, shall be given to the
City Council and the Planning Board. The Zoning and Code Enforcement
Administration Officer shall also give--netiee post notice of his decision
by-edver Eisxng-aneh-in-e-newspaper-e€-genera}_exren}9E#yn-in-[he-6#Ey-e€
Banger-eineebeweekkee-othree-f8)-teneeeni#ve-weeks-and-by-peat#ng-folies
thirty€-#n-she-a€€after€the-ddee-of}ark in the lobby of City Hall for
thirty (30) days. a€ter-Ehe-dale-a€-hie-3eets e
Sec. 2.3 The City Clerk shall not issue or renew such license
until written certification or approval has been received from the
Zoning and Code Enforcement Administration Officer; and the Health
Officer stating that the mobsa o'1Tme par cimeets all requirements of
this all�C t Ordinances. The City Clerk shall give -public noTt
notice of the issuance or renewal of said license by-advex cis xng-saeq
in-e-nempepex-a€-geneze}_siren}a t#en-£a-the-6#ty-a€-Beregex-ane a -a
week-€ex-three-f3)-eereseenlive-weeks-and-br-pest"xng-naE#ee-Ehex ee€
ie-sheds£££ee-e€-the-C#ey-b}exk-Fez-th#z Er-for)-here-a€Eex-daysee
of -said -}#sexes- in the lobby of City Hall for thirty (30) days..
Sec. 3.4 Completion of special developments and construction
requirements of this Ordinance applicable to the mobile home park as
whole, not directly affecting the health and welfare of potential
occupants of said lots, and not directly applicable to said lots, may
be suspended on a short-term basis for a period not to ex eed the term
of said temporary permit, but only when the Zoning and Code Enforcement
Administration Officer shall determine that said requirements cannot be
reasonably met by the applicant because of unfavorable climactic con-
ditions. The Zoning and Code Enforcement Administration Officer may
condition his approval upon completion of said suspended requirements
pursuant to a prescribed schedule to be made a part of said temporary
permit. The Zoning and Code Enforcement Administration Officer shall
give wr'tten notrce to t6e�ity Councilor t e issuance or
un ex tole su sectron.
Sec. 3.6 All fees for said permit shall be in -addition -Ea; -but
in the same amounts as; established for an Operator's License under
this Ordinance.
STATEMENT OF FACT: Additions are underlined and deletions are
struck -ant.
u 383 AG
141c[Wuce3 by Councilor, Gass June 11, 1979
CITY OF BANGOR
(TITLE) V1lrNUMICB} Amending Chapter XI - Mbile Hose Ordinance
Be a xs*l by Cay Couata of the City ofBawwO as fdbma:
THAT the following provisions of Article 4 of Chapter XI be aseMed as
follows:
Sec. 1.1 Application shall be made to the 0£ty-6}ark Zoning and
Cede Enforcement Administration officer for a "Mobile Home Park Construction
permit".
Sec. 1.6.2 Upon receipt of such written application, the Zoning
and Code Enforcement Administration Officer shall notify in Writing the
City Council and the Planning Hoards ep-t§e-app}}eatiees-sed-eata4}£ah
e-f#fteea-Ek3i'dRY'wa}t£eg-gar}ei-Aarieg-M£eh-e�y-£atexeetea-gastys
see}ad£eg_tge-6§ty-creme£}�_slay_make-xr£ttee-ee®eete-te-Be-suBa#tke3-te
the-see#ng-aaA-6eae-se€e:eaeat-Abv#e#at:at#ew-a8f}aax-regard}eg-tsh
paejeet. shall post notice thereof is the lobby of City Hall, avd shall
publish notice thereof w eeapapex of general circulation in the
Cit f E o No extrusionofa construction emit shall be issued
until fifteeor 15 days after such newspaper publication.
Sec. 1.6.3 Me Zoning and Code Enforcement Administration Officer
shall personally inspect the development and review all comments received.
If he determines that the project is being constructed in compliance With
previously approved plans and under all requirements of the Ordinances of
the City of Bangor, he shall grant the extension application. If he
determines that the project is not being constructed in accordance with
said plans or with any requirements under the Ordinancea of the City of
Bangor, he shall deny the extension application and shall notify the
applicant in Writing of Us decision Ina success -provided by law. Written
notice of all actions of the Zoning and Code Enforcement Administration
Officer, either granting or denying the extensions, shall be given to the
City Council and the planning Board. Me Zoning and Code Enforcement
Administbatlon Officer shall also gave-aet#ee post notice of his decision
ty-ebrexd#slag-sash-£a-e-eewepaper-e£-genera}_e#xea}at£ea-£e-the-6}ty_eF
Seager-aeee-a-weekBex-three-f3i-eeaaeeais thWeeks-eaa Cipeek#ng-net}ee
thexeeE-#n-the s.F#ee-ef- e-da#ty-6}ark 1n the lobby oY City Hall for
thirty (30) days. a£tax-the-Sate-ef-k}a-aea£ezae.
...q c
In City Council Jvne 1 283 AG
11979 ORDINANCE k
Refered to Code and ordinance
committee Consider let meeting
in September ( TIE -E,) ,Amending Chapter XI Mobile
Rome Ordinance
go
1I( _
C y erk q.
I ' A stl a l /t vl g
In City Council Sept.10,1979
Consider Meeting Oct 22,1979 camctLma
ty
in city council oectoben 22.1979
Amended azN Passed.Passed Vote
9 Yes Voting Yes BaldaCCi,B[Cuatas,
Gess,Mc 0cd,Ze.SWCy.WAmended
Hi11ey.Nw3.Zendzian Amended Copy
Attac ed �
Cit CierK
See. 2.3 The City Clerk shall vet issue or renew such license
until written certification or approval has been received from the Zoning
and Code Enforcement Administration Officers and the Health Officer stating
that the mcblle hove park meets all requiraments of this all City Ordinances.
The City Clerk shall give-pab}£e post notice of the ;ssnanee o �l o
said license ty-aSrerE;e£eg-sxen-}a-e-news@a@ex-a€-genera}_e;zexiat£ex-#a
Ener#ty-a€-aeagar-ease-e-.reek-Fex-ttree-f33-aanaeeat}ya-waste-sea-ty-pasties
eek}ee-ttereo£-}re-Eka-e€€}ee-a€e lobby
Eof Cart-£ar-ttsrty-f30)-agge-e€Ear
neawenee-a€-ea£a-};eases. in the lobby of City Hali Por thirty (30) days.
Sec. 3.4 Completiai of special developments and construction require-
mevta of this Ordinance applicable to the mobile name park as a Ahole, not
directly affecting the health and welfare of potential occupants of said
lots, and not directly applicable to said lots, may be suspended on a short-
term basis for a period not to exceed the tern of said temporary permit, but
only when the Zoning and Code Enforcement Administration Officer shall deter-
mine that said requir®ante cannot be reasonably met by the applicant because
oP unfavorable climactic conditions. The Zoning and Code Woresment Admin-
istration Officer may condition his approval upon c®pletion or said suspended
requirements pursuant to a prescribed schedule to be made a part of said
temporary permit. The Coving and Cede Enforcement Administration officer
shall give written notice to the City Council of the issuance of a permit
under this subsection.
Sec. 3.6 All fees for said permit shall be ie-eaS£E£ee-Eer-§at in
the same aunts ass established for an Operator's License under this
Ordithease.
HE IT FURTHER ORDAINED THAT the following provision of Article 5 of
Chapter XT be amended as follows:
Sec. 1.11.3 Screen plantings-previaisg-e_danee-w;awn}_gnnr}nr-nt-e}}
%}mesa shall be provided around the boundaries of the park and around laundry
drying yards, garbage and trash collection stations, non-residential uses,
and along rear let lines of all mobile home lots. Screens shall consist of
shrubs or trees at least five Peet wide end, at one time CP planting, at
least Fear tva feet in height and eventually reaching a mature height of
at least six feet. The sc eningshall be Planted densely evough to
rovide an attractive viaualebe.rrier to Protect the aesthetics eW. the
ivacy of Dote the park end surrounding 9ertles. The aereen planting
none extending along boundary lines shall have a miudmum width or 15 feet.
Slft 1EfiT OF FACT: Additions ere underlined
and deletions are eSraek-enE.
Ch. %1; Art. 4
See.,l - Sec. 2
1.4 The plan accompanying the application for such Permit shall be
reviewed by. the Zoning cin Bede beforcement Officer, the Health
-- Officer, and the City Engineer. nese officials shall review the
proposal Por compliame with the requirements of this Ordinate¢
and other applicable City Ordinances and shall report their findings
In a reonmendetion, through the Plehning Board, we the City Council.
1.5 With due consideration 10 the vreco®endatione of the Moths and
Code enforcement Officer, the Naelth Officer aM the City Engineer,
the Planning Board shall review the proposal in order to determine
the suitability of the site and the adequacy of the design and
arrangement of lots,'etremem, walkwaya, street lighting, Te reatina
.and off-street parking facilities, landscaping and the utilities
ad required under Article 6 of this Ordinances- The Board shall
hold a Public hawing on the proposal not less than 10 Jaya after
notice of ouch hearing has been publleDed in a newspaper of general
circulation in the City of Bangor. The Board shall then report its
findings ( together with copies of the recommendations of the 2omng
and Code &,forcemeat Officer, the Health Officer and,theC1 sl action
Engineer) in a recommendation to the city Council, where
will be taken on the application.
1.6 Tke-€ee-€ex-e-lfe8#3e-Name-Park-6eaeexaeE#en-Pexm#E-she}}-ge-elOB=OB.
Sack-perm#a-ekak}�wP#'ee-24-menE§a-efaen-#eenea-end-ie-aeE-renewaB}e
aaE#3-Lke-P3aa-kae-ke®-wePxeaeeee£-uaaax.ane-xega£seaeeee-e£-Ek#e
SeeE£ea-.
1.6 The fee eoi a MobileHome Park Construction. Permit shall be $100.00.
Sucn rmlt shall be issued for an initial nod of 24 mouths Vrom
^the date Os Issuance. At th nd of ..= period, if the construction
has not been c leted the a ldcant oDtaan extension ea avis
p nrd P i d 3 2 months Thereafter the app cant
continue W All
estexv erten of 12 months each un!il the pro.tec
is completed. All eml0mislall be obtained frau Lhe Zoning arc
(ode t Admi -aLrat on Officer entl eb 1 be_subject_vo the
follow
1.6.3 At 1 east 30 days prior to the ecnirationof the original
Por an extension thereof, the a➢olicant may .Hake p,
ttel aideation to the Zmi� and Code enf0rpnent `
Admiilstration Other for fl permit extenaion. - une
LI' eat on shall include such information as may be
ruired by the Zon entl Code EnPOrcemenv Adm n s ration
D7f f g that the m set conforms
with all local re uirementa, and mall also Include u
ateLem tthe �appl ant indicatim the current status
1 we a�, 0.1
t shall 1 de estim ted
date for the DY
Project comP�n.
1.6.2 B 1 P 'ch written ap➢lication the Zoning and
Code }f Aan6, Sstrataon Officer akall notiftY an
—ming the City Coweil and the flaming Board of the
15 se waiting aeriod
duringwhichLerereeted a including the City Council,
make to be submitted t0 the Zonim =
WBl1f' t fldmiNis ..Ct.
1.6.3
1.6.4 'A PeLof5100 00 lull be paid D the anplicart before ary
retraction exmit extensaon spall be ranted ur to
th a Orainence.
See. 2 Operator's License. No person, firm or corporation smell operate or
maintain a mobile home park on].ess ouch person, n,
corporatl0.a shall first Obtain a license for sues parp0se, as follows:
* 2.1 -Application shell be made azmually en -ex before thefirst day of
Tanuary to the City Clerk Cera "License to Operate and A intain
a Yobile Home Perk". -
2.2 Tse applicant shall file, with the application, proof of oversh.
of the presides or of a lease or written permissionfrom the Omer.
2.3 The City Clerk shall not issue or renew auto license until written
certification or approval hes been received from the Zoning Ono
Cede &fOrcement Officer, and the Health Officer enS-ffie-Beagsr-fi =i
6eaaall stating that the motile home park meets all requi.ra-'clts O.
.this Ordinance. Me City Clerk shall give public noticeOf the
renewal of said license by aavertsi nin e --"-
fesacEe nofnot ce several c culat on mets¢ Cit of c eeY.tcr
3 rd b Oet n Mt certher 4
Tri r to c t. �� 30 say to .fe
sale
e IWenee.
2.4 Me fee for a License be Operate and Idintain a iddoile Home Park
shall be in accordance with the following eoheduie:
Less then 25 mobile home lots $ 25.00
25 W.100 mobile tome lets 50.00.
100 or more mobile home lots 100.00_
• See.•3 Mops, Oceavency Permit. Nomitthatand M? ef
prlorW the
expiration of a valid Nobile Home Park Construction Permit issued
purseent to this Ordinance, the 6#Ey-6e,me#}, Zoning Cod
EMmement Administration Officer, upon applicat on.Ekere r Ee
Elle-6.Ey-6}ark, Say author se the issuance 8y-said-e}erk of a
"Temporary Occupancy Permit" So called,-fez-a-Ber#ad-e£-ani-mere
aria-ss;c-F6�-maaape, the term of said permit W be established by
the 6#Ey-6easaik, racing and Code Enforcement Administration Officer as
part Of his 4a9 approval for purposes a pe tong temporary ocecpnncy of
a portion of a sobile borne Park than under Nonsuch
application Shell be in order for 614Y-6esae#1 considerable until the
applicant hue first obtained written approvals from the Health Officer, City
Engineer and the Zoning and Code Ehforcemeat Ildefristratden officer.- ASy
Shall be granted, nor shall thetize-tiewezz 40111138 U1111 IV""
Officer a thordze the issuance of ch Temporary Occupancy 'silt, except
=car the following conditions, and where the applicant has Successfully
complied with the following minimum standael� r7
3.1 No Tempomey OccuPancy Pe t Nall iss.Z or a period beyond the -
expiration date of the, Mobile Park Construction "Permit, o
extension th f, evicted Newever, in the event of the renewal
c T the 1 T Occu en mitemay_�lso
be renewed "Pon the acme terms and condvtcona rodded herean
gnanv ago We tial Tenmoi" Occ cry Permit end u
pa� tfee
. f sat
Stan
3.2 Said appideatica for a temporary permit as provided herein Shall contain
sufficient description Of the. IOW to be occupied, and is no event
shall said permit issue for leas than 25 lots. No lots may be occupied
except as permitted by said permit.
ents
3.3 oflsuch the Or10ts and iinencee of She anCity of Magor and lthemLLaws of the ply with eStatne oflaire.
3.4 Completion of special developments andconstruction requirements of
this Ordinance. applicable to the mobile home park as a whole, to.
directly affecting the health and welfare of potential occupants Of
said LOU, and not directly applicable W said lots, Say be suspended
4n a short term basis for a period it W exceed the tens of Said -
tenporary permit, but only when the 6etla6#}, yorSn and Code u.fcrca-
ant Admiistration Officer shall determine that sal requirements
canwt be reeeot tY the applicant because of unfavcrabie
be said suspended requirements y persnt to as prescribed schedule to
De made fl pert of said Wmporary psi it.
3.5 The City Council #a-&Ea-d#aeweE#en, may require a bond, Jr. a form and
in an annunt. to be determined by Said City Council, if it determaes
east th�o07 g of s id bond is reasonably nese ear✓ W gtaras.ee
i�aamplet. o avd suspended requirements by EAesayg--Seat. If T^e ails
tins at either a alar meati —rmiz
rem a th a r day, siss cial r 0 Sala h e
uo'L1 eT3 ' a a rements than the Council stalls.. ,ea
its right to do so.
3.6 All fees for said permit Shall be in addition to, but in the same
aneunte es, established for an Operatorte License undew this Ordinance.
3.7 Issuance of a Temporary Occupancy remit as provided herew:de_ .,hall net
be construed as a waiver by the City Council, Health Officer, City s',:yi:.eaa
or the Zoning & Code Enforcement AdOphistration Officer of tile requireses,;
provided for the issuance of an Operator's License pursuant to this
Ordinanc. and shall it grant W the applicant Or.Bocupasts of said lots
any right's to occupy Said lots beyond tae expiry ion date of said
temporary permit.
' 3.8
Asa cazdltion of said. Temporary Occupancy Permit, the applieaa shall:
(1) poet a copy of said temporary permit ina corepicuous place
accessible to all tenants or occupants of said park; ane shall
ggenerally
(2J give notice in writing to all potential or prospective tenants or
occupants of such Iota that the applicant does not have a valid
Operatork9 license for said park; that any rights ou occupy said IOU
re conditioned upon the successful compliance -of the. requirements of
said t apoxary permit by the applicant; that ary'tenerly or occupants o:
such lots must move in the event that the applicant fails to comply
with the conditions of said temporary permit as providedtherein; and
verbati statement of the conditions and expiration date of said
temporary permit..
The gonia and Code IDifocement Administration Officer shall ,ive cc_=
3.9
notice Lha essence o n exmit by aJvertisi'c�:
neaid sucox
eUlatmheCn the Cit of tiary(or m..ry..�..v
Iherecl 11th T tfor th
yy'a�ermr
Ch Xi, Art. a
Sec. I - Sec. 2
MAPTM %I
ARTICLE 8 - ENpOACPMENT,. APPEAL,, PENALTY, SEPARABILITY
Sec, 1 EkbrOa mt.
1.1 Inspections, The Zoning and Code Enforeement officer and Health
Officer, or their duly authorized representatives,
sale
tions to
are
diawa of a abiie abj authorized home park 10 directed to ated within the City OfeBangor�in e
order that they he may perform their hie duties daV of safeguarding
the health =d safety of occupants oof while own
parks and or th,xtives,
general public. Said officers, or prescn`
shall have the power to enter et reasonable timesday,upon eprivate or
puoli¢ property. for the purpose of inspecting or imestfgating
condfiions relating to the enforcement of this Ordinance.
1.2 Y£e}eE#an-PPaeddnme. }Fr-e€EeP-enq-£ns$eeE#ens-Eke-3eA}Bg-end-BeAe
E¢€ePeenega-Bf€£ear-eP-ERs-nee}ER-6.FieaP
Aea-#Kw}eAgareP-kae-Pegeen-Ee-be}£eve-Ekes-e-v£e3eE"sea-ef-¢ryY-pre-
Ae#eg-of-Ek#e-BPA#gsae¢-BP-gqy-prav£B#eA-#aeaYpBPeteA-here#s-eeaeEB,
ERs-ee£z-dF€#BeP-e§el}-£sem-e-wP£EEen-erdeP-Paan£+#e,g-e-ekeriing-ef
aemg}}anee-w#ER£A-3B-dgye�€-#eeY9Aee.--&mk-ePrinP-eAe}}_eg�Ee#n
e-AeBBP#$E#BA-e£-Ek¢-Y#e}gE#BA-BP-em$¢Bied-Y#B}8E#es-eAA-BAB}}_bs
d#PeesedEe-end-eervkd-en-Eke-a}}egeA-epFemdeP-asd-ERs-ewmr-s"--sea
meb#}e-Rene-gaPkr--SePY#ee-aka}}-ke-tiy-®a#}-eP-$exeem}.--lP-cam#}urea
#e-gas-aRewa-w£Sk#g-Bhe-30-dayei-Eke-gBR£mg-emd-6ede-3a:BPegasAE
BFF#esP-aka}#-seE#Gy-ERs-nu#e#gg}-efF#sena-€BP-bhe-$ar@ese-e€-Eek#Ag
eeuPE-ass#ere.
1.2
1.3 violations. Any condition existioZ in violation of any prcvisicr. of
this Ordinance or of any provision incorporated herain
SS a n1L¢ecoe.
Sec. 2 Appeal.
2.1 Ash' pepecm firm or wrporation aggrieved by an order or deciel0nlOf
Any officer aP-heard made ursuant to Article 4, See. 1.6.3, nr
4, Sec- 3 or Article 4 See. 3.1 under Lhik Ordinenee may file ao
ivr�en request�ior a hear g before the mUhIO pal oPCioers Within
30 days after issuance of such order or decision. The ivnicipal
officers shall publish notice of a public hear", on -
request_ and the' sIIa1 bold a b . hear' ea -be -hely not less
than seven 7 dgva after publ cat on. Publication shall 'Oe by
printing in a newspaper of general circulation in the municipali -4
and In personal service or by mail on the person requesting tic
hearing. At each hearing the municipal officers shall determine
whether the ordea✓or decision appealed Pro
Prom was in accordance nits.
'the prn,isions o this Ordinance and the Provisions incorporated
therein. The awieipai officers shall issue written findings of fact,
oonolusions of law, and an its order to carry rtes out She-d#nd#sss
eaS-asxe3ae#eae. These findings, conclusions and order shall be
filen with the municipal clerk and served by the municipal officers
upon ail parties appearing or represented at the hearing. Failure to
issuesuchwrittenfindings, conclusionsandorder within 30 days
of the appeal shall constitute a denial.
2.2 M appeal may be taken to Superior Court within 30days of the date
f�� ci�enn t a final order or final decision made pursuant n; this
Ori ce ewe-mun#e4g-e££#eese.
Sec. 3 Penalty. A person,firm or corporation found in violation of any
provision of this Ordinance or any provisions incorporated herein shall be
fined rot more than $100 plus costs. Each day that a. violation continues
shall be Memed a separate offense.
Sec. 4. Separability. If any section, scbeection, sentence, clause, phrase
or portion of this Ordinance is for arty, reason held
invalid or mconstitutimal by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision end such balding shall not affect the validity of the retaining
Portions hereof. -