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HomeMy WebLinkAbout2022-10-12 22-349 ORDINANCE22-349 10/12/2022 CITY COUNCIL ACTION Council Meeting Date: October 12, 2022 Item No: 22-349 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, by adding a new section of the Land Development Code, Article XX, Sections 165-137 through 165-140to Regulate a Newly Defined Use, Tiny Home Park Summary This change includes a definition of tiny home, adds a new type of development, the tiny home park and proposes regulations for a tiny home park as it relates to allowed uses' districts, parking requirements, dimensional controls, and permitting needs within the Land Development Code. This project was commenced because city staff had received direct interest in constructing this type of use in Bangor. The development type is in keeping with Council directives on seeking the development of residential units where feasible, and additionally, the Affordable Housing Work Group recommendations call for diversified housing stock. Also, this type of development is in keeping with a national market trend toward the construction of tiny homes Tiny homes have to meet state and local building, plumbing electric and life codes the same as any single- family home. Tiny homes are defined in the statute under Title 29-A Section 101 and Title 30-A Section 4363. The proposed amendment reduces the lot size requirements to be more commensurate with the size of the unit while still respecting the underlying zone requirements for the park's outer boundary. We used the restrictions and allowances from the mobile home park ordinance as a guide, as well as looked at how other communities around the country address this type of development. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Also went to BED 9.20.22 J City Manager Introduced for: First Reading and Referral Meeting Date: October 18, 2022 For: City Solicitor Against: a�� Finance Director 22-349 10/12/2022 CITY COUNCIL ORDINANCE Date: October 12, 2022 Assigned to Councilor: Leonard ORDINANCE, Amending Chapter 165, Land Development Code, by adding a new section of the Land Development Code, Article XX, sections 165-137 through 165-40 to regulate a newly defined use, Tiny Home Park WHEREAS, at present, there is an allowance for construction of a tiny home on a minimum lot size in a residential district; WHEREAS, at present, there is not an ability to create a development of tiny homes on smaller lots as a use akin to a mobile home park; WHEREAS, in order to provide for this use, the addition of a tiny home park allowance is necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: § 165-13 Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: Tiny home. A dwelling unit permanently constructed on a frame or chassis that may be placed on a foundation and designed for use as permanent living quarters that: A. Complies with American National Standards Institute standard A 119.5 on plumbing, propane, fire and life safety and construction or National Fire Protection Association standard 1192 on plumbing, propane and fire and life safety for recreational vehicles; B. Does not exceed 400 square feet in footprint; C. Does not exceed any dimension allowed for operation on a public way D. Is a vehicle without motive power. "Tiny home" does not include a trailer, semitrailer, camp trailer, recreational vehicle or manufactured housing_ Tiny Home Park A lot containing 2 or more tiny homes. § 165-72 Required number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every 22-349 10/12/2022 building or property hereafter erected, altered or changed in use, in accordance with the following requirements: B. Other governmental -subsidized, low-income housing, and, Tiny Home Parks: one space per dwelling unit, unless otherwise determined by the Planning Board, per § 165-139.C(5). § 165-99 Low -Density Residential District (LDR). C. Permitted uses. The following uses are permitted in this district: (7) Tiny Home Park (aL_Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-100 High -Density Residential (HDR) C. Permitted uses. The following uses are permitted in this district: (7) Tiny Home Park (al — Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-105 Rural Residence and Agricultural District (RR & A). C. Permitted uses. The following uses are permitted in this district: (15) Tiny Home Park 16 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-111 Site developments requiring permit. A. Any activity covered under this chapter shall require a land development permit under the following conditions: (7) Construction or renovation of one or more buildings with three or more dwelling units, including multifamily dwellings, rooming houses or boardinghouses, community living facilities, nursing homes, congregate housing, tiny home parks and similar residential uses. 22-349 10/12/2022 Article XX Tiny Home Parks & 165-137 Purpose. This article provides for a Tiny Home Park as a use for review under Article XVI of this chapter. This regulation seeks to allow for tiny homes as defined in Title 30-A Section 4363 in the State of Maine statutes to be placed in park setting akin to a mobile home park. The intention of these regulations is to allow for the creation of neighborhoods of tiny homes to create a diversified housing stock. 165-138 General requirements. A. 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, streets, walkways, street lighting, recreation, and parking facilities, landscaping, and utilities. The Planning Board will also review operations and maintenance plans for the park as part of their review. B. In any district, Tiny Home parks may also be allowed as part of a re -development of existing mobile home parks, subject to the requirements in Section 165-139 below. § 165-139 Development requirements. Tiny Home Parks and expansions thereof shall conform to the following minimum requirements: A. A Tiny Home Park shall be located on a single parcel of land having a sufficient overall area to accommodate, in addition to the individual lots, all road rights -of -way and all buffer strips, open space, and other areas required under this chapter or under any other applicable law, rule or regulation. B. Dimensional requirements: (1) Each individual tiny home lot or lease area shall not be less than 1,000 square feet in area. (2) The lot area of the Tiny Home Park in the following districts shall be as follows: a. Low -Density Residential District (LDR) shall have a minimum 12,000 SF lot b. High -Density Residential District (HDR) shall have a minimum 8,000 SF lot c. Rural Residence & Agriculture (RR&A) shall have a minimum 1 1/2 acre lot (3) All homes in the Tiny Home Park shall be set back from existing streets at the same minimum distance required for the front yard setback in the underlying zone. The setback for the underlying_ zone for side and rear setbacks shall also apply to the Park boundarY. (4) No tiny home shall be located less than five feet from the front, side and rear lines of an individual lot or lease area and there shall be a minimum distance of 10 feet between adjacent Tiny Homes. (5) No structures may exceed the height requirements of the underlying zone of the park. (6) Unless otherwise outlined herein, no other dimensional requirements of the underlying zone shall apply to a Tiny Home Park. (7) If leased, no lease for a tiny home shall be less than 30 days. C. Streets, walks and parking, (1) All Tiny Home Parks shall be provided with safe and convenient vehicular access from abutting_ 22-349 10/12/2022 public streets or roads to the park. All streets within the park shall have a minimum right -of -way - width of 30 feet. Pavement width shall be no less than 24 feet where parking is permitted on both sides of the street. Where parking is permitted on only one side of a street, the minimum pavement width shall be 21 feet, and where all on -street parking is prohibited the minimum pavement width shall be 20 feet. (2) All streets within a Tiny Home Park shall have a sidewalk on one side of the street meeting_ minimum standards as established by the City Engineer. (3) Dead-end streets shall be limited in length to 1,000 feet and at the closed end shall be provided with a turnaround having a minimum radius of 50 feet. The Planning Board may allow an optional turnaround design subject to review by the Fire Department. (4) Required parking spaces may be provided on the tiny home lot or within the Park boundary as approved by the Planning Board. (5) The Planning Board, upon review, may waive or otherwise alter the minimum number of required parking spaces if there is ample bicycle parking/storage or if the Park is within 1/3 mile walking_ distance to a bus route at the time of application. D. Landscaping_ (1) Where possible, existing trees shall be preserved, and Tiny Home shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas. (2) Screen planting, subject to review by the Planning Board, shall be provided around the boundaries of the park and garbage and trash collection stations. Screens shall consist of shrubs or trees at least five feet wide and, at the time of planting, at least four feet in height and eventually reaching a mature height of at least 10 feet. Street tree planting (Buffer E) shall occur along the boundar ry adjacent to the street providing access to the park. E. Recreation areas shall be provided for the use of occupants of the Tiny Home Park. The size of such areas shall be a minimum of 10% of the area of the Park. The location of such facilities shall be approved by the Planning Board. F. All transformer boxes, substations, pumping stations and meters shall be located and designed so as not to be unsightly or hazardous to the public. § 165-140 Utilities and accessory structures. A. Water supply. An accessible, adequate, safe and potable supply of water shall be provided to each tiny home. Where a public water supply is available, connection to such system shall be required and its supply used exclusively. When a public water supply is not available, a private water supply may be developed and used subject to approval by the City Engineer and the State Department of Human Services. B. Sewage disposal. (1) Sewage disposal systems shall comply with all State of Maine laws, the State Plumbing Code and local codes and ordinances. (2) Any Tiny Home Park located within 1,000 feet of an existing public sewer shall be required to provide a sewer system for the park designed by a registered engineer to connect to the existing_ public sewer and to connect to such sewer. 22-349 10/12/2022 (3) Septic sewage disposal systems for individual Tiny Homes in a Tiny Home Park shall be prohibited. (4) If public sewer is unavailable, a subsurface wastewater system shall be designed in accordance with the State of Maine Subsurface Wastewater Disposal Rules. Maintenance of such a facility shall be provided by the owner of the Park or as part of a homeowner's association as approved by the City Solicitor and the City Engineer. (5) Design of all sewer facilities shall require approval of the City Engineer. C. Refuse disposal. The storage, collection and disposal of refuse in the Tiny Home Park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. D. Accessory structures. The following requirements shall apply to any accessory structures located on the Park property as accessory to the Park. For the purpose of this article, an accessory structure in a Tiny Home Park is a detached, subordinate structure, the use of which, in the opinion of the Planning Board, is clearly incidental and normal to the Tiny Home Park development. The accessory structure shall: 1) Not exceed 400 square feet in area. 2) Be located not less than 10 feet from the street riaht-of-way. not less than 10 feet from a rear lot line and not less than five feet from a side lot line of the Tiny Home Park. (3) Be located not less than 5 feet from any Tiny Home or any other accessory structure. (4) Height shall not exceed the requirements of the underlying zone. (5) Have a foundation that conforms to the Building Code of the City of Bangor. (6) Not obstruct required openings for light and ventilation of the Tiny Home nor prevent inspection of any Tiny Home equipment or utility connection. E. Attached structures. The following requirements shall apply to any extensions to Tiny Homes, such as porches, porticoes and decks. Such attached structures shall: (1) Meet all yard setback requirements for the Tiny Home as enumerated in this chapter. (2) Not be used for the storage of motor vehicles. (3) Not be extended to less than 10 feet from any other Tiny Home. (4) Not exceed 200 square feet in area. Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: October 19, 2022 CC: Courtney O’Donnell, Assistant City Manager Stephen Bolduc, Acting Director of Community and Economic Development David Szewczyk, City Solicitor Re: Planning Board Recommendation October 18, 2022 - Amending Chapter 165, Land Development Code, by adding a new section of the Land Development Code, Article XX, sections 165-137 through 165-40 to regulate a newly defined use, Tiny Home Park. The regulations include a definition of tiny home and tiny home park, allowed uses districts, parking requirements, dimensional controls, and permitting needs. Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a posted public hearing on October 18, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair, Ken Huhn, and Members Don Meagher, Ted Brush, Reese Perkins, Mike Bazinet, and Trish Hayes. This was a staff-led Code change request. Planning Officer Krieg presented the proposed changes. From the staff memo: A. This work was conducted now (and not after the Comprehensive Plan was completed) because city staff has received direct interest in constructing this type of use in Bangor. The Affordable Housing Work Group recommendations calls for diversified housing stock. There is also a national market trend towards the construction of tiny homes. B. The city currently allows tiny homes like a single-family home. Tiny homes have to meet state and local building, plumbing electric and life codes the same as any single- family home. Tiny homes are defined in the statute under Title 29-A Section 101 and Title 30-A Section 4363. They also have to meet minimum lot requirements regarding dimensions and setbacks. C. This proposed change allows the use in a way to reduce construction and maintenance costs to assist in keeping this type of housing stock affordable. This is done by reducing lot size requirements to be more commensurate with the size of the unit while still respecting the underlying zone requirements for the park’s outer boundary. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Tiny Home Park D. We used the restrictions and allowances from the mobile home park ordinance as a guide and looked at other communities around the country addressing this type of development. E. This proposal only allows these parks in outer neighborhood districts and as part of a re-development of a mobile home park in any district. F. The Business & Economic Development Committee reviewed an early version of this document at their meeting September 20, 2022. There were no questions from the public. The Board discussed possible height allowances and accessory dwelling units on-site. Representatives from 35 Main LLP reviewed their intent to utilize the allowance once ratified. Member Meagher made a motion to recommend to the City Council that the noted text amendment ought to pass. Member Bazinet seconded the motion. The motion passed 6:0. amk Page 2 | 2 IN CITY COUNCIL OCTOBER 12, 2022 COrd 22-349 First Reading and Referral to Planning Board Meeting of October 18, 2022 CITY CLERK IN CITY COUNCIL OCTOBER 24, 2022 COrd 22-349 Motion made and seconded for Passage Vote: 7 – 0 Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Tremble, Fournier Councilors Voting No: None Passed CITY CLERK