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Home My WebLink About2023-08-14 23-245 Ordinance23-245 08/14/2023 CITY COUNCIL ACTION Council Meeting Date: August 14, 2023 Item No: 23-245 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code by Removing and/or Rewording Sections of the Municipality's Code to Align with the Maine State Statutes for the Regulation of Manufactured Housing Summary In 1989, the State enacted 30-A M.R.S. § 4358, which places limitations on the City's home rule authority regarding mobile home parks. The following amendments are provided to ensure the City of Bangor is following state regulations of manufactured housing, as well as avoiding unequal treatment between manufactured housing and other types of housing. These amendments adjust the definitions of manufactured housing to reflect the new laws and adjust the setbacks and other dimensional requirements of manufactured home parks to make them more on par with uses like tiny home parks. The changes also include greater allowances for manufactured home parks in the Rural Residence and Agricultural District to ensure that any parks located in that zone would be able to expand. Committee Action Committee: Planning Action Staff Comments & Approvals r City Manager Introduced for: First Reading and Referral Meeting Date: August 15, 2023 For: 4t-eOL- City Solicitor Against: Finance Director 23-245 08/14/2023 CITY COUNCIL ORDINANCE Date: August 14, 2023 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code by Removing and/or Rewording Sections of the Municipality's Code to Align with the Maine State Statutes for the Regulation of Manufactured Housing; WHEREAS, at present, the City's Land Development and Planning ordinances predate the 1989 State statutes; WHEREAS, in order to provide a complimentary set of Ordinances that, while maintaining home rule, are in compliance with the State of Maine statutes and avoid discrimination against manufactured home parks; 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. MANUFACTURED HOUSING A structural unit or units designed to be used as a dwelling or dwellinas and constructed in a manufacturina facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. The term includes any type of buildina that is constructed at a manufacturina facility and then transported to a buildina site where it is utilized for housina and that may be purchased, sold, offered for sale or brokered by a licensee in the interim. For the purposes of this Chapter, 3 types of manufactured housing are included. They are: A. €ellew+n(�L uUnits constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures, transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 750 or more square feet and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein, except that the term shall include any structure which meets all the requirements of this subsection, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. B. Pre -HUD -code homes, commonly called "mobile homes", which are those units constructed prior to June 15, 1976, meanina structures, transportable in one or more sections, that are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations when connected to the required utilities, including the plumbing, heating, air-conditioning, or electrical systems contained therein. 23-245 08/14/2023 (8 Q. In order for the above -described units to qualify as manufactured housing under this chapter, such units shall also: (1) Be not less than 14 feet in width. (2) Contain not less than 750 square feet of living area. (3) Have a pitched, shingled roof with a minimum pitch of two inches rise (vertical) to 12 inches of run (horizontal). (4) Have exterior siding that is residential in appearance, such as brick or masonry veneers, stucco or exterior plaster, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard siding. (5) Have a permanent foundation which complies with the requirements of the State of Maine Manufactured Housing Board Maine YnifeFnq Building and EneFgy Cede, as adepted by GhapteF (6) Be anchored to the permanent foundation in accordance with the requirements of the above - referenced Board Building Gede, and any amendments, replacements or substitutions thereof. (7) eWith the exception of pre -HUD -code homes, conforms to all standards of construction, design and performance adopted pursuant to the the State of Maine Manufactured Housing Act (10 M.R.S.A. � 9001 et sea., as it may be amended) or the State of Maine Industrialized Housing Law (30-A M.R.S.A. � 4358 et seg., as it may be amended) or any successive legislation or standards, except those meeting local standards. MOBILE HOME A vehiWaF portable GtFUGtUFe built GR a Ghassis of whiGh wheels aFe aR iRtFiRsiG part and aFe desigpeed- mr,re OR width girl 40 foot r,r mr,re OR leRgth See "Manufactured Housing". MOBILE HOME PARK or MANUFACTURED HOME PARK use as linensed under the nrevisionc of this Ghanter A parcel of land under unified ownership approved by the City of Bangor Planning Board for the placement of 3 or more manufactured homes. PERMANENT FOUNDATION A. For Manufactured Housina, as defined above in this Chapter, a foundation that conforms to the installation standards established by the State of Maine Manufactured Housing Board; or B. For Modular Homes, as defined above in this Chapter, a foundation that conforms to the municipal buildina code or. in the absence of a municipal buildina code. a foundation that conforms to the Maine Uniform Building and Energy Code. § 165-100 High -Density Residential District (HDR) C. Permitted uses. The following uses are permitted in this district: (9 10) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of §165-9, the following uses may be permitted in this district: 23-245 08/14/2023 (2) Mobile home parks, provided that: meet the requirements of - • --CPJ; Inxii n LIA mW I-ml -�... .. III. III--.-. . • -.(f) They receive site development approval under Article XVI. § 165-105 Rural Residence and Agricultural District (RR&A) C. Permitted uses. The following uses are permitted in this district: (16) Tiny home park,, provided that: (a) The site is located within the arowth area delineated in the most recently adopted Comprehensive Plan (b) The park meets the requirements of Article XX. (17) Manufactured home parks,, provided that: (a) The site is located within the growth area delineated in the most recently adopted Comprehensive Plan (b) The park meets the requirements of Article XVII. (14 18) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of §165-9, the following uses may be permitted in this district: (4) Reconstruction of mobile home parks established prior to 1971 that are located outside the growth area delineated in the most recently adopted Comprehensive Plan, provided that the reconstruction is done consistent with the requirements of § 165-121C. § 165-109 Site developments requiring permit. (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, manufactured home parks and similar residential uses. § 165-118 General Requirements MaineC. No mobile home shall be located or occupied in the City of Bangor unless the mobile home conforms to all standards of construction, design and performance adopted pursuant to the Natielgal Me Henge GenstFuetien and Safety Stai9daFds Aet ef 1971 (12 U.S.G. § 5191 et seq.), the State of Maine Manufactured Housing Act (10 M.R.S.A. § 9001 et seq., as it may be amended) or the State of • • 'f Housing Law§ 4358 et seq., as • be • •'[ or any successive legislation or •• standards, except • meeting• .l standards. Any m••home presently located • • occupied in the City of Bangor does not• • • said standards may 23-245 08/14/2023 § 165-120 Development Requirements - ---- - -- - - ... . .... - -- -- - - OWN --- ON I - -- - -- ----- --- - -- ... . .. . . . . . . . . . . . ... H. Let size and setback FequiFefflents Dimensional requirements. (1) Each individual mobile home lot shall meet the following requirements: net be less than (a) If served by water from the Bangor Water District and sewer from the City of Bangor, or if served by a centrally managed subsurface wastewater treatment system, the lot shall be at least 5,000 square feet in area. (b) If the lot is served by its own individual subsurface wastewater treatment system, the lot shall be at least 20,000 square feet in area. (c) All lots shall be at least 50 feet in width. (2) No mobile home shall be located less than five feet from the side and rear lines of an individual lot. and 20 feet F.eng the FeaF Ines of an individual ngebo'e h. nge and th..Fe sha" be (3) Ne n9ebile henge shall be leeated less than 39 feet fFeng the Fight ef way line ef any StFeet eF less than 10 feet fFeng a seFyiee building within the All homes in the park shall be set back at least 15 feet from the right of way line. (4) The setback for cluster subdivisions in the underlying zone for rear and side setbacks shall apply to the distance between homes in the park and the park boundar. (5) No structures may exceed the height requirements of the underlying zone of the park. I. Streets, walks and parking. (1) All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. All park streets shall be well drained, paved, maintained in good condition and adequately lighted at night. 23-245 08/14/2023 (a) Privately owned roads within a mobile home park must: (1) Be built according to acceptable engineering standards and with a professional enaineer's seal as required by the Manufactured Housing Board; (2) Have a right-of-way up to 23 feet in width, 20 feet of which the municipality may require to be paved; (3) Conform to reasonable safety standards applicable to intersections with public ways adjacent to the mobile home park. (b) If the developer intends to offer the roads to the City for acceptance as town ways, the roads must meet City road standards. L. Landscaping. (2) Lawn and other ground cover shall be installed on all areas except those covered by structures, paved or surfaced areas and planting beds and undisturbed areas, such as woods and ravines, which are to be preserved in their natural state. In no case will the impervious surface ratio of a mobile home park exceed -.2-5 .35. (3) Screen planting, subject to review by the Planning Board, shall be provided around the boundaries of the park and around leenft fting yaFds, and garbage and trash collection stations., ne _..;semi.' uses and alengFea� let "nes of all °"e"i'e ile .� Screens shall meet the requirements of Buffervard Type A and 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. seFeen planting zene eAending aleng beundaFy lines shall ha - - . . - 99 width ef 2S feet. Street tree planting (Buffer E) shall occur along the boundary adjacent to the public street providing access to the park. M. Recreation areas shall be provided for the use of mobile home park residents. The size of such areas shall be based upon a minimum of 10% of the area of the mobile home lots in the development, . Such areas shall be easily accessible to all park residents, located so as to be free of traffic hazards and, where topography permits, centrally located. Any buildings provided for recreation areas shall contain adequate toilet facilities. The number and location of such facilities shall be determined by the Planning Board. § 165-121 Existing mobile home parks. Mobile home parks in existence prior to the effective date of this chapter shall conform to the following regulations: B. The eeveFage ef aRy let shall Ret be iReFeased eveF that existil9g eR the effeetive date ef this ehapteF, eF, On the ease ef lets uneeeupied by n9ebile henges en sueh date, let eeveFage shall net be ii.e. eas d eveF what it was when last eeeupied pFieF te the effeetive date ef this ehapteF. C. Any existing mobile home park developed prior to September 13, 1971, may be reconstructed in its entirety in accordance with the provisions of this subsection. (3) The Planning Board shall review all applications for the reconstruction of an existing mobile home park in accordance with § 165-119E. Before the Planning Board may approve reconstruction, the Board shall determine the following: 23-245 08/14/2023 (c) That it would constitute an undue economic hardship to require that the reconstruction of the existing mobile home park be in accordance with 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 requirements contained in § 165-120 above would result in the failure to realize a reasonable rate of return on the investment necessary for such a reconstruction of the mobile home park in question. (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 § 165-120 would result in an undue economic hardship, the Planning Board may approve reconstruction plans which conform to the minimum standards set forth below. (Note: If an alternative standard is not set forth herein, the applicable standard set forth in § 165- 120 shall apply to the proposed reconstruction of an existing mobile home park.) (c) Lot size and setback requirements: [5] Minimum distance between adjacent mobile homes: 2-9 10 feet. (d) Streets, walks and parking. § 165-122 Special Provisions § 165-123 Utilities and accessory structures A. Water supply. (6) If a public water supply is not available, a fire pond must be constructed per NFPA standards. B. Sewage disposal. (2) Any mobile home park located with I-,999 100 feet of an existing public sewer shall be required to connect to such sewer and to provide a sewer system for the park designed by a registered engineerand to ^ ct to such (4) If public sewer is unavailable, a sewer system and treatment facility for the entire mobile home park or for each individual mobile home park lot, designed by a registered engineer, shall be required. 23-245 08/14/2023 G. Accessory structures. The following requirements shall apply to any accessory structures located on an individual mobile home site and accessory to the mobile home. For the purpose of this article, an "accessory structure" in a mobile home park is a detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land and which is located on the same lot as the primary use mobile home. (1) The accessory structures shall: (b) Be located not less than 15 2-9 feet from the street right-of-way, not less than 5 IG feet from a rear lot line and not less than 5 five feet from a side lot line. Additions are underlined, deletions stFu eugh. 23-245 AUGUST 14,2023 LAND DEVELOPMENT 165 Attachment 3 City of Bangor Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimwn Minimwn Minimwn Minimwn Masimwn Maximwn Masimwn Masimwn Maximwn Maximwn Minimwn Minimwn Minimwn Lot Area Front Side Yard Rear Yard Dwelling Dwelling Height Lot Floor Area Impervious Open Lot Width Buffer Zoning Districts (square Yard Depth(feet) Depth(feet) Units per Units per (feet) Coverage Ratio Surface Space (feet) Yard Type feet) Depth Acre Building Ratio (feet) Conditional uses Mobile home parks- s� 15 5 from 5 from N/A N/A� � 35 30% N/A�-S 0.35 10%of 50 per 9� �a�:�„�z�F''�-a��'��.�'� asr�s �n� internal internallot 9.'z� lotted internal � lot line line 20 area lot 100 � � from park for park � from boundar site park n�� boundar Y� � � �� k�t�rr � txel�i-1� � NOTES: $For internal lots.5.000 square feet if on public water/sewer or using a centrally managed subsurface wastewater disposal system.20.000 square feet if each individual lot is served by its own subsurface wastewater disposal system:for entire park.the total of lotted area,open space,right-of-way,buffer strips,and any other areas required by City ordinances 9Tvve A along the park boundaries,garbage collection stations:Type E along the public street from which the park is accessed 165 Attachment 3:1 Supp 1,Feb Zo23 23-245 AUGUST 14,2023 LAND DEVELOPMENT 165 Attachment 4 City of Bangor Schedule C Resource, Open Space and Rural Area Article XV, §§ 165-105 through 165-107 Maximum Minimum Maximum Lot Maximum Minimum Lot Minimum Minimum Side Minimum District Lot Area Coverage Impervious Width(feet) Front Yard Yard Depth Rear Yard Zoning Districts Height (acres) Surface Ratio Depth(feet) (feet) Depth(feet) (feet) Rural Residence and Agricultural(RR&A), permitted and conditional uses Manufactured home parks3 35 ' 20% 0.35 50 per internal lot 15 5 from intemal 5 from internal 100 for park site lot line(10 lot line(20 from from park vark boundarv) bounda NOTES: 3Tvve A buffer along the park boundaries,garbage collection stations:Type E along the public street from which the park is accessed °For internal lots.5.000 square feet if on public water/sewer or using a centrally managed subsurface wastewater disposal system.20.000 square feet if each individual lot is served by its own subsurface wastewater disposal system:for entire park.the total of lotted area,open space,right-of-way,buffer strips,and any other areas required by City ordinances 165 Attachment 4:1 Supp 1,Feb Zo23 ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: August 16, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation August 15, 2023 Amending Chapter 165, Land Development Code by Removing and/or Rewording Sections of the Municipality's Code to Align with the Maine State Statutes for the Regulation of Manufactured Housing Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on August 15, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members Don Meagher, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was Alternate Member Joshua Saucier. Planning Analyst Anja Collette reviewed the proposed changes with the Board. From the staff inemo: A. In 1989, the State enacted 30-A M.R.S. § 4358, which places limitations on the City's home rule authority regarding mobile home parks. At present, the City's Land Development ordinances pertaining to mobile home parks predate the 1989 State statute. The following amendments are provided to ensure the City of Bangor is following state regulations of manufactured housing, as well as avoiding unequal treatment between manufactured housing and other types of housing. B. These amendments adjust the definitions of manufactured housing to reflect the new laws and adjust the setbacks and other dimensional requirements of manufactured home parks to make them more on par with uses like tiny home parks. The changes also include greater allowances for manufactured home parks in the Rural Residence and Agricultural District to ensure that any parks located in that zone would be able to expand. C. These amendments are the same as those reviewed at the August 1St [Planning Board] meeting, except that item C(6) in the definition for Manufactured Housing was changed from referring to the "Building Code" to the "Board", as suggested by Chair Perkins. 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 8.15.23 Land Development Code—Mobile Home Parks Additionally, the setbacks for accessory structures were modified to be equivalent to the new setbacks for the primary homes. Chair Perkins commented that he felt this was a good end product after incorporating the suggested changes from before. There were no other comments from the Board or the public. Member Brush made a motion to recommend to the City Council that the amendments to Chapter 165 ought to pass. Member Bazinet seconded the motion. The motion passed 7:0 with all in favor and none opposed. Anja Collette Page 2 � 2 IN CITY COUNCIL AUGUST 14, 2023 COrd 23-245 First Reading and Referral to Planning Board Meeting of August 15, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL AUGUST 28, 2023 COrd 23-245 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Davitt, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK