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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. -