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.
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§ 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
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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
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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
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CITY CLERK