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HomeMy WebLinkAbout2014-05-12 14-169 ORDINANCECOUNCIL ACTION Item No. 14-169 Date: May 12, 2014 Item/Subject: ORDINANCE, Enacting Chapter 281, Temporary Camping Vehicles, of the Code of the City of Bangor Responsible Department: Code Commentary: This ordinance would regulate the use of camping vehicles and temporary shelters within the City of Bangor. At present, recreational vehicles, other temporary camping vehicles, and temporary shelters are sometimes used as long-term or permanent housing within the City. This creates potential problems related to fire safety, sewage, substandard housing, and the disturbance of neighbors. This ordinance would regulate the use of temporary camping vehicles and temporary shelters in several ways, including: limiting use to 30 days in a 12 month period; no more than one such vehicle per property; no .use of such vehicles or shelters on non-residential properties; and requirements for disposal of sewage. The ordinance includes exemptions for special events, licensed campgrounds, and backyard tents. Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: City licitor Introduced for Passage x First Reading Referral As Amended 14-169 MAY 12, 2014 R� ;o�^N s. Assigned to Councilor Durgin _ n , CITY OF BANGOR ORDINANCE, Enacting Chapter 281, Temporary Camping Vehicles, of the Code of the City of Bangor WHEREAS, from time to time recreational vehicles, other temporary camping vehicles, and temporary shelters are used as long-term or permanent housing within the City; WHEREAS, this gives rise to potential health, safety, and welfare concerns related to fire safety, sewage, substandard housing, and the disturbance of the quiet enjoyment of neighbors of their own property; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 281 of the Code of the City of Bangor be enacted as follows: Chapter 281, TEMPORARY CAMPING VEHICLES § 281-1. Purpose. The purpose and intent of this ordinance is to ensure that the temporary occupancy of campers and recreational vehicles within the corporate limits of the City of Bangor shall be conducted in a manner that protects public health and safety, ensures the safe and legal disposal of human waste and wastewater, restricts the use of non-standard electrical power sources and portable heating devices, protects surface and subsurface water quality, minimizes fire exposures and overcrowding, preserves property values, and prohibits the creation of substandard permanent housing stock. § 281-2. DefinMons. For the purpose of this Ordinance, the following definitions shall apply: CAMPGROUND Any premises established for overnight use for the purpose of temporary camping, and for which a fee is charged. CAMPING TRAILER A trailer constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters for recreational, camping or travel use. MOTOR HOME As Amended 14-169 MAY 12, 2014 A motor vehicle designed to provide temporary living quarters for recreational, camping or travel use that contains at least 4 of the following as permanently installed independent systems that meet the National Fire Protection Association standard for recreational vehicles: A. A cooking facility with an on -board fuel source; B. A potable water supply system that includes at least a sink, a faucet and a water tank with an exterior service supply connection; C. A toilet with exterior evacuation; D. A gas or electric refrigerator; E. A heating or air-conditioning system with an on -board power or fuel source separate from the vehicle engine; and F. A 110 -volt to 125 -volt electric power supply. PERSON Natural persons, partnerships, associations and all other bodies corporate or public. RECREATIONAL VEHICLE A vehicle that is either self-propelled or towed by a consumer -owned tow vehicle, is primarily designed to provide temporary living quarters for recreational, camping or travel use, complies with all applicable federal vehicle regulations and does not require special highway movement permits to legally use the highways. Recreational vehicles include motor homes, travel trailers, fifth -wheel trailers and camping trailers, SEWAGE Sewage shall mean all liquids and water waste from sinks, bathing, washing, and toilet facilities. STRUCTURE Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to mobile homes, buildings, walls, billboards, signs, piers and floats, but excluding fences and retaining walls. TEMPORARY SHELTER A physical shelter having form and substance, which is not permanently affixed to a foundation, and whose supplies, if any, of potable water, sewage disposal, electrical current, and other utility services are not permanently attached or incorporated into the design of the shelter in accord with applicable state or local codes. For the purposes of this ordinance, tents shall be considered temporary shelters, but pop-up tent trailers shall be classified as temporary camping vehicles. TEMPORARY CAMPING VEHICLES A camping trailer, motor home, or recreational vehicle, or a bus, truck trailer, or other motor vehicle that has been converted to accommodate sleeping and/or living quarters. In order to be considered a temporary camping vehicle and not a structure, the unit must remain with its tires on the ground, and must be registered with a state division of motor vehicles or similar agency. As Amended 14-169 MAY 12, 2014 CITY The City of Bangor. § 281-3. Occupancy limitations. A. Storage of temporary camping vehicles. Temporary camping vehicles may be parked or stored on private property within the City, provided that: (1) The temporary camping vehicles are not used for living or sleeping purposes during the time they are stored or parked on the property; (2) The temporary camping vehicles are not stored or parked within any setback area required by the Land Development Code, and are not stored or parked on a vegetated area; and (3) The stored or parked temporary camping vehicle does not constitute a nuisance to the public or a fire hazard. B. Occupancy. (1) Residential properties. Persons may occupy a temporary camping vehicle or a temporary shelter located on a residential property, provided that: (a) The occupants are not charged a fee for use of the temporary camping vehicle or temporary shelter; (b) Persons occupying the dwelling unit on the property have granted permission to the occupants of the temporary camping vehicle or temporary shelter to use the dwelling unit's toilet and washing facilities; (c) No more than one temporary camping vehicle or temporary shelter is so occupied on the property at one time; (d) The period of time during which any temporary camping vehicles and temporary shelters are occupied does not exceed 30 days in total within a 12 month period; and (e) For temporary camping vehicles, the temporary camping vehicle is not parked within a setback area required by the Land Development Code, and is not parked on a vegetated area. (2) Business properties. No temporary camping vehicle or temporary shelter located on a non- residential property shall be occupied, with the following exceptions: (a) If a legal residential dwelling unit is located on the property, the standards of § 281-3(B)(1) shall apply. (b) In the S&PS and GC&S districts, with the permission of the property owner or manager, temporary camping vehicles may be parked and occupied overnight, so long as each vehicle As Amended 14-169 MAY 12, 2014 Is parked on the property for no more than one night in a row. Slideouts and awnings may not be extended, and automatic levellers may not be used. (c) In the Bass Park District, temporary camping vehicles may be parked and occupied as an accessory use to harness racing or the Bangor State Fair. C. Construction. Notwithstanding § 281-3(B), the owner of a property who is engaged in a construction or renovation project on the property, and who has obtained all necessary building and other permits for the project from the City and state, may occupy a Temporary Camping Vehicle or a temporary shelter located on the property for a period not to exceed 60 days in total within a 12 month period, provided that all other requirements of § 281-3(B) are met. D. Special events. In order to accommodate family reunions, weddings, and other special events, the Code Enforcement Officer may grant permission for persons to exceed the use and density limitations cited in § 281-3(8), subject to the following limitations: (1) Maximum duration. No special event shall exceed one week in duration, nor shall a single property host more than three special events in any twelve month period. (2) Sanitary facilities. Permittees shall provide adequate sanitary facilities, in the form of portable restrooms and wash facilities, to accommodate the projected demand as determined by the Maine Plumbing Code and the City Code Enforcement Officer. E. Licensing & Code Requirements. (1) Al temporary camping vehicles used for temporary occupancy shall meet all municipal and state registration, insurance, and inspection requirements. (2) The wheels or similar devices for transportation of any temporary camping vehicle shall not be removed except for repairs lasting no more than ten days. (3) Any temporary shelter constructed on a fixed foundation on the ground, or any temporary camping vehicle with its wheels removed, shall be deemed a structure and subject to the standards of the Bangor Land Development Code, the Maine Plumbing Code, and the Maine Uniform Building and Energy Code. F. Boats. Boats may not be used for living or sleeping purposes while stored or parked on land. G. Use for living or sleeping purposes of any physical shelter or vehicle not meeting the definition of structure, temporary shelter, or temporary camping vehicle is prohibited. § 281-4. Sewage. The occupancy of temporary camping vehicles and temporary shelters shall be subject to the following sanitary standards: A. Temporary camping vehicle holding tanks. No toilet, sink, shower or other plumbing fixture contained in a temporary camping vehicle shall be used unless it discharges into a holding tank As Amended 14-169 MAY 12, 2014 built into the temporary camping vehicle, or into an on-site subsurface wastewater disposal system approved and maintained in accordance with all City and state laws and regulations. Holding tanks built into a temporary camping vehicle must be emptied regularly by discharging their contents into a campground dumping station or other lawful dumping station or by delivering their contents to a wastewater hauler for lawful disposal. B. Storage of sewage in auxiliary containers. Sewage and wastewater shall not be discharged or stored in auxiliary buckets or containers external to a temporary camping vehicle. C. Illegal sewage discharge. No sewage or wastewater from temporary camping vehicle or temporary shelters shall be discharged into pits or privies, onto the surface of the ground, or into surface waters such as wetlands, streams, or other water bodies. D. Special events sanitation. Sanitary facilities provided for special events shall meet the requirements of § 281-3(D)(2). § 281-5. (Exemptions. The following uses shall be exempt from the requirements of this Ordinance: A. Campgrounds. Any temporary camping vehicle or temporary shelter located in a public or private campground that was approved by the City of Bangor Planning Board and currently meets all standards of the Bangor Code of Ordinances and state law. B. Tents and tree houses. Tents and tree houses located on a residential lot and used primarily and sporadically for overnight accommodations by the occupants of the principal dwelling unit on the same lot. § 281-6. Violations and iPenaWes. A. When any violation of any provision of this ordinance shall be found to exist, the Code Enforcement Officer is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary to enforce the provisions of this ordinance In the name of the City, in accordance with 30-A M.R.S. § 4452. B. Any person, including but not limited to a landowner, his or her agent or invitee, or a contractor, who violates a provision of this ordinance shall be liable for penalties as set forth in 30-A M.R.S. § 4452. Each day a violation is continued shall constitute a separate violation. IN CITY COUNCIL MAY 28, 2014 Motion made and seconded for Passage Motion made and seconded to amend by Substitution Vote: 9-0 Councilors Voting Yes; Baldacci, Blanchette, Civiello, Durgin, Gallant, Graham, Nealley, Plourde, Sprague Councilors Voting. No: None Passed as Amended (2 CITY CLE 14-169 MAY 12, 2014 Assigned to Councilor Durgin /ole \9 CITY OF BANGOR R4r ED. ORDINANCE, Enacting Chapter 281, Temporary Camping Vehicles, of the Code of the City of Bangor WHEREAS, from time to time recreational vehicles, other temporary camping vehicles, and temporary shelters are used as long -tern or permanent housing within the City; WHEREAS, this gives rise to potential health, safety, and welfare concerns related to fire safety, sewage, substandard housing, and the disturbance of the quiet enjoyment of neighbors of their own property; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 281 of the Code of the City of Bangor be enacted as follows: Chapter 281, TEMPORARY CAMPING VEHICLES § 281-1. Purpose. The purpose and intent of this ordinance is to ensure that the temporary occupancy of campers and recreational vehicles within the corporate limits of the City of Bangor shall be conducted in a manner that protects public health and safety, ensures the safe and legal disposal of human waste and wastewater, restricts the use of non-standard electrical power sources and portable heating devices, protects surface and subsurface water quality, minimizes fire exposures and overcrowding, preserves property values, and prohibits the creation of substandard permanent housing stock. § 281-2. Definitions. For the purpose of this Ordinance, the following definitions shall apply: CAMPGROUND Any premises established for overnight use for the purpose of temporary camping, and for which a fee is charged. CAMPING TRAILER A trailer constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters for recreational, camping or travel use. MOTOR HOME 14-169 MAY 12, 2014 A motor vehicle designed to provide temporary living quarters for recreational, camping or travel use that contains at least 4 of the following as permanently installed independent systems that meet the National Rre Protection Association standard for recreational vehicles: A. A cooking facility with an on -board fuel source; B. A potable water supply system that Includes at least a sink, a faucet and a water tank with an exterior service supply connection; C. A toilet with exterior evacuation; D. A gas or electric refrigerator; E. A heating or air-conditioning system with an on -board power or fuel source separate from the vehicle engine; and. F. A 110 -volt to 125 -volt electric power supply. PERSON Natural persons, partnerships, associations and all other bodies corporate or public. RECREATIONAL VEHICLE A vehicle that is either self-propelled or towed by a consumer -owned tow vehicle, is primarily designed to provide temporary living quarters for recreational, camping or travel use, complies with all applicable federal vehicle regulations and does not require special highway movement permits to legally use the highways. Recreational vehicles include motor homes, travel trailers, fifth -wheel trailers and camping trailers. SEWAGE Sewage shall mean all liquids and water waste from sinks, bathing, washing, and toilet facilities. STRUCTURE Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to mobile homes,- buildings, walls, billboards, signs, piers and floats, but excluding fences and retaining walls. TEMPORARY SHELTER A physical shelter having form and substance, which is not permanently affixed to a foundation, and whose supplies, if any, of potable water, sewage disposal, electrical current, and other utility services are not permanently attached or incorporated into the design of the shelter in accord with applicable state or local codes. For the purposes of this ordinance, tents shall be considered temporary shelters, but pop-up tent trailers shall be classified as temporary camping vehicles. TEMPORARY CAMPING VEHICLES A camping trailer, motor home, or recreational vehicle, or a bus, truck trailer, or other motor vehicle that has been converted to accommodate sleeping and/or living quarters. In order to be considered a temporary camping vehicle and not a structure, the unit must remain with its tires on the ground, and must be registered with a state division of motor vehicles or similar agency. 14-169 MAY 12, 2014 CITY The City of Bangor. § 281-3. Occupancy limitations. A. Storage of temporary camping vehicles. Temporary camping vehicles may be parked or stored on private property within the City, provided that: (1) The temporary camping vehicles are not used for living or sleeping purposes during the time they are stored or parked on the property; (2) The temporary camping vehicles are not stored or parked within any setback area required by the Land Development Code, and are not stored or parked on a vegetated area; and (3) The stored or parked temporary camping vehicle does not constitute a nuisance to the public or a fire hazard. B. Occupancy. (1) Residential properties. Persons may occupy a temporary camping vehicle or a temporary shelter located on a residential property, provided that: (a) The occupants are not charged a fee for use of the temporary camping vehicle or temporary shelter; (b) Persons occupying the dwelling unit on the property have granted permission to the occupants of the temporary camping vehicle or temporary shelter to use the dwelling unit's toilet and washing facilities; (c) No more than one temporary camping vehicle or temporary shelter is so occupied on the property at one time; (d) The period of time during which any temporary camping vehicles and temporary shelters are occupied does not exceed 30 days in total within a 12 month period; and (e) For temporary camping vehicles, the temporary camping vehicle is not parked within a setback area required by the Land Development Code, and is not parked on a vegetated area. (2) Business properties. No temporary camping or temporary shelter located on a non-residential property shall be occupied unless a legal residential dwelling unit is located on the property, in which case the standards of § 281-3(B)(1) shall apply. C. Construction. Notwithstanding § 281-3(B), the owner of a property who is engaged in a construction or renovation project on the property, and who has obtained all necessary building and other permits for the project from the City and state, may occupy a Temporary Camping Vehicle or a temporary shelter located on the property for a period not to exceed 60 days in total within a 12 month period, provided that all other requirements of § 281-3(0) are met. 14-169 MAY 12, 2014 D. Special events. In order to accommodate family reunions, weddings, and other special events, the Code Enforcement Officer may grant permission for persons to exceed the use and density limitations cited in § 281-3(B), subject to the following limitations: (1) Maximum duration. No special event shall exceed one week in duration, nor shall a single property host more than three special events in any twelve month period. (2) Sanitary facilities. Permittees shall provide adequate sanitary facilities, in the form of portable restrooms and wash facilities, to accommodate the projected demand as determined by the Maine Plumbing Code and the City Code Enforcement Officer. E. Licensing & Code Requirements. (1) Al temporary camping vehicles used for temporary occupancy shall meet all municipal and state registration, insurance, and inspection requirements. (2) The wheels or similar devices for transportation of any temporary camping vehicle shall not be removed except for repairs lasting no more than ten days. (3) Any temporary shelter constructed on a fixed foundation on the ground, or any temporary camping vehicle with its wheels removed, shall be deemed a structure and subject to the standards of the Bangor Land Development Code, the Maine Plumbing Code, and the Maine Uniform Building and Energy Code. F. Boats. Boats may not be used for living or sleeping purposes while stored or parked on land. G. Use for living or sleeping purposes of any physical shelter or vehicle not meeting the definition of structure, temporary shelter, or temporary camping vehicle is prohibited. § 281-4. Sewage. The occupancy of temporary camping vehicles and temporary shelters shall be subject to the following sanitary standards: A. Temporary camping vehicle holding tanks. No toilet, sink, shower or other plumbing fixture contained in a temporary camping vehicle shall be used unless it discharges into a holding tank built into the temporary camping vehicle, or into an on-site subsurface wastewater disposal system approved and maintained in accordance with all City and state laws and regulations. Holding tanks built into a temporary camping vehicle must be emptied regularly by discharging their contents into a campground dumping station or other lawful dumping station or by delivering their contents to a wastewater hauler for lawful disposal. B. Storage of sewage in auxiliary containers. Sewage and wastewater shall not be discharged or stoned in auxiliary buckets or containers external to a temporary camping vehicle. C. Illegal sewage discharge. No sewage or wastewater from temporary camping vehicle or temporary shelters shall be discharged into pits or privies, onto the surface of the ground, or into surface waters such as wetlands, streams, or other water bodies. 14-169 MAY 12, 2014 D. Special events sanitation. Sanitary facilities provided for special events shall meet the requirements of § 281-3(D)(2). § 281-5. Exemptions. The following uses shall be exempt from the requirements of this Ordinance: A. Campgrounds. Any temporary camping vehicle or temporary shelter located In a public or private campground that was approved by the City of Bangor Planning Board and currently meets all standards of the Bangor Code of Ordinances and state law. B. Tents and tree houses. Tents and tree houses located on a residential lot and used primarily and sporadically for overnight accommodations by the occupants of the principal dwelling unit on the same lot. § 281-6. Violations and (Penalties. A. When any violation of any provision of this ordinance shall be found to exist, the Code Enforcement Officer is hereby authorized and directed to Institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary to enforce the provisions of this ordinance in the name of the City, in accordance with 30-A M.R.S. § 4452. B. Any person, including but not limited to a landowner, his or her agent or invitee, or a contractor, who violates a provision of this ordinance shall be liable for penalties as set forth in 30-A M.R.S. § 4452. Each day a violation is continued shall constitute a separate violation. IN CITY COUNCIL May 12, 2014 za4---� RK