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HomeMy WebLinkAbout2024-09-09 24-279 Ordinance24-279 09/09/2024 CITY COUNCIL ACTION Council Meeting Date: September 9, 2024 Item No: 24-279 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 Code to Align with the Maine State Statutes for the Regulation of Manufactured Housing Summary On March 191" of this year, the State of Maine adopted new law LD 337, which requires that municipalities allow manufactured homes on any lot where a single-family home is allowed. Municipalities can establish design criteria for manufactured homes provided that they do not have the effect of circumventing the State rules and or have the effect of preventing relocation of any manufactured housing that was legally placed in the municipality on or before August 4, 1988. This ordinance amendment would remove and reword sections of the Land Development Code to comply with LD 337, as well as allow manufactured home parks in the Low -Density Residential District (LDR). Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: September 17, 2024 For: Against: City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 24-279 09/09/2024 CITY COUNCIL ORDINANCE Date: September 9, 2024 Assigned to Councilor: Deane ORDINANCE, Amending Chapter 165, Land Development Code by Removing and/or Rewording Sections of the Code to Align with the Maine State Statutes for the Regulation of Manufactured Housing; WHEREAS, at present, the State of Maine adopted new law LD 337, which requires that municipalities allow manufactured homes on any lot where a single-family home is allowed; WHEREAS, at present, municipalities can establish design criteria for manufactured homes provided that they do not have the effect of circumventing the State rules and or have the effect of preventing relocation of any manufactured housing that was legally placed in the municipality on or before August 4, 1988; WHEREAS, this ordinance amendment would remove and/or reword sections of the Land Development Code to comply with LD 337, as well as allow manufactured home parks in the Low -Density Residential District (LDR); 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. DWELLING A building or portion thereof used exclusively for residential occupancy, but not including a ffleb„e ;effle, camper, hotel, motel, lodging house, boardinghouse, tourist home, dormitory, fraternity house, sorority house or other group quarters. MANUFACTURED HOUSING A structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing 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 building that is constructed at a manufacturing facility and then transported to a building site where it is utilized for housing and that may be purchased, sold, offered for sale or brokered by a licensee in the interim. For the purposes of this chapter, twee two types of manufactured housing are included. They are: A. Units 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 8 body feet or more in width and 40 body feet or more in length or, when erected on site, are 7-59 320 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 24-279 09/09/2024 electrical systems contained in the unit theFein, except that (a) the This 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. C. In order for the above -described units to qualify as manufactured housing under this chapter, such units shall also comply with the requirements of � 165-136B. im mol 1.0 MEN W; W__ OWN- N ••• • • A I • § 165-99 Low -Density Residential District (LDR) D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (5) Manufactured home parks,, provided that: La,) They meet the requirements of Article XVII. They receive site development approval under Article XVI. § 165-105 Rural Residence and Agricultural District (RR&A) B. Permitted uses. The following uses are permitted in this district: (4) One -family dwellings and eRe fafflily detaehed fflaRHfaetHFed heHsiRg Hfl4q, with additional dwelling units permitted given the following: § 165-136 Building standards A. Egress door orientation. (3) Exceptions: accessory dwelling units, „9enrie-he„ges n9anufaetwed ThengeJ, dwellings on flag 24-279 09/09/2024 lots. B. Manufactured housina. 1) Manufactured housina units may be placed on anv lot where a sinale-familv home is allowed to be constructed,, provided that the following design requirements are met: La ) Have a pitched roof with a minimum pitch of 2 inches rise (vertical) to 12 inches of run (horizontal), and a minimum roof overhana of 6 inches. Roof materials shall be either asphalt composition shingles, wood shingles, shakes, standing seam metal roofing, solar shinales, or a livina roof with veaetation. Roofs may be rounded, but flat roofs are not allowed. (b) Have exterior siding that is residential in appearance, such as brick or masonry veneers, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard sidina. Exterior walls shall not be clad in metal panels or metallic surfaces, except for aluminum siding simulating clapboard or hardboard patterns. Lc) On facades that contain a door facing the front yard line of a lot, a portico or porch must be provided at the door entry. The combined area of windows and/or doors on any facade facing a front yard line must comprise at least 25%, but no more than 75%, of the facade area. Have a permanent foundation which complies with the requirements of the State of Maine Manufactured Housing Board. If there is open space between the bottom of the unit and the foundation, skirting must be used and must be made of durable, finished material that is made for such use. (e) Be anchored to the permanent foundation in accordance with the requirements of the above -referenced Board and any amendments, replacements or substitutions thereof. (Qf With the exception of pre -HUD -code homes, conforms to all standards of construction design and performance adopted pursuant to 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. (2) The above requirements also apply to manufactured homes placed within mobile (or manufactured) home parks. (3) The requirements of this section do not preclude the relocation of any manufactured housing_ unit, reaardless of its date of manufacture, that was legally sited within the City as of August 4, 1988. Additions are underlined, deletions stFHEI( thFeLig. 'COMMUNITY ECONOMIC DEVELOPMENT 1, CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: September 18, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation September 17, 2024 Amending Chapter 165, Land Development Code, by Removing and/or Rewording Sections of the 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 at a noticed public hearing on September 17, 2024. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Reese Perkins, and Members Trish Hayes, Mike Bazinet, and Janet Jonas. Attending on Zoom were Vice Chair Ted Brush, Member Jonathan Boucher, and Alternate Member Jennifer King. Planning Officer Collette presented the changes. From the staff memo: A. The proposed changes would update the City's Code of Ordinances to allow manufactured homes where single-family homes are allowed in accordance with State law LID 337. The ordinance amendment includes design requirements that the homes must meet, such as using siding and roofing materials that are line with traditional homes in Bangor. B. The majority of the proposed language is the same as that which was viewed at your August 201n meeting [for discussion]. However, per some of the feedback received, staff did add in an allowance for solar roofs and living roofs in the list of roofing materials. Other changes included reducing the minimum roof overhang to 6 inches based on observations of existing homes in Bangor, requiring that any manufactured homes placed in URD-1 or URD-2 have an egress (door) facing the street (the same as other homes in these two districts), and clarifying the requirement for skirting. C. Staff also did research on the use of covenants as requested by the Board and it would not be feasible or allowable for the City to use covenants for the purpose of restricting placement of manufactured homes. Restrictive covenants are only created by the sellers of land to place restrictions the use of property that they're selling. Covenants are outside the purview of this State 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-42SO FAX: (207) 945-4447 VVvVW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 9.17.2024 Text Change — Manufactured Housing law, so a private property owner may place covenants on their property to restrict manufactured homes after speaking to their legal counsel. However, the only way for a municipality to restrict use of property city-wide is via a zoning ordinance, which is subject to the State law on preventing exclusion of manufactured homes. Member Jonas asked if the ordinance would exclude fiber cement siding since she felt this should be allowed. Planning Officer Collette stated that it would not be excluded and that the section on siding provides Code Enforcement with some flexibility in what would be permitted. Member Jonas also asked for clarification on the need for permanent foundations to have skirting. Collette and Chair Perkins provided information on the foundation requirements for manufactured homes and stated that a home could be on what is considered a permanent foundation (e.g. a slab), but still have space between the bottom of the home and the foundation, hence the need for skirting. Chair Perkins stated his satisfaction with the changes that had been made to the language since the discussion at the August meeting. Perkins also stated that he would vote yes because the changes are required by law, but expressed his opposition to being forced by the State to make a change to the ordinance that the City may not otherwise choose to make. Member Bazinet echoed these sentiments. There were no public comments. Member Boucher moved to recommend to City Council that the proposed changes ought to pass. Member Hayes seconded the motion. The motion passed 7.0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed changes ought to pass. Anja Collette Page 212 IN CITY COUNCIL SEPTEMBER 9, 2024 COrd 24-279 First Reading and Referral to Planning Board Meeting on September 17, 2024 �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL SEPTEMBER 23, 2024 COrd 24-279 Motion made and seconded for Passage Vote: 6—0 Councilors Voting Yes: Fish, Fournier, Schaefer, Tremble, Yacoubagha, Pelletier Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK