As used in this article, the following terms shall have the
meanings indicated:
MOBILE HOME
A vehicular, portable structure built on chassis of which
wheels are an intrinsic part and are designed to remain so, and said
structure being designed to be used without a permanent foundation
as a dwelling for one or more persons, and provided with a toilet
and a bathtub or shower. A mobile home shall contain not less than
450 square feet of floor area.
MOBILE HOME LOT
That parcel of a mobile home park that provides facilities
for long-term occupancy of a mobile home and designed for the exclusive
use of its occupants.
MOBILE HOME PARK
A contiguous parcel of land that has a minimum area of 25
acres and is plotted for the development of a minimum of 25 mobile
home lots which are to be rented or leased, not sold.
MOBILE HOME STAND
That part of an individual mobile home lot which has been
reserved for the mobile home.
[Added 12-27-1971]
All mobile home units or structures shall meet the minimum standards
set forth in Publication A 119.1 of the United States American Standards
Institute, dated 1971, and subsequent revisions, and unless located
in a mobile home park must comply with the following installation
requirements before they can be used or occupied as a building:
A. The wheels and undercarriage must be removed, and the mobile home must be placed on a foundation as specified in Subsection
A(1) or
(2) below:
(1) Wall-type foundation consisting of a ten-inch-thick poured concrete
wall supported by a twenty-inch-wide by ten-inch-deep footing, the
top of which is at least 4 1/2 feet below grade.
(2) Slab-type foundation consisting of six-inch reinforced concrete slab
on top of three-foot compacted and drained gravel subbase. An approved
vapor barrier is to be used between the concrete and the subbase.
A masonry wall, mortared or solid, must be constructed between the
slab and the mobile home.
B. Either type of foundation enumerated in Subsection
A(1) and
(2) above must be vented. The wall-type foundation must have perimeter footing drains, and the gravel base of the slab-type foundation must have underdrains. All such drains must be connected to the municipal storm sewer system or other appropriate drainageway approved by the Building Inspector.
C. An accessory building must be provided for storage and the fuel tank
must be screened from view.
D. The exterior wall of all additions to the mobile home must be constructed
of the same material and have the same appearance as the mobile home.
No person, firm or corporation shall establish, conduct, maintain
or operate a mobile home park unless such person shall first obtain
a permit issued annually by the Building Inspector. Existing mobile
home parks must apply for and be granted a permit prior to July 1,
1971.
A. The Building Inspector, upon written application of any person, may issue or renew mobile home park permits to any such person upon compliance with the provisions of this article. The fee is set forth in Chapter
A400, Master Fee Schedule.
B. The applicant shall file with the application proof of ownership
of the premises or of a lease or written permission from the owner.
C. Initial application for new or existing mobile home parks shall be accompanied by a preliminary plan in accordance with §
216-5A of this article.
D. The application for a permit to operate a new mobile home park or to expand an existing mobile home park shall be subject to the prior approval of the design by the Planning Board. Existing mobile home parks may be issued a permit by the Building Inspector, provided such parks conform with all the health and sanitation requirements, referred to in §
216-2E of this article, even though such existing parks do not meet the design standards hereinafter set forth in this article; however, no existing mobile home park may be expanded until detailed plans are submitted to and approved by the Planning Board for the upgrading of the entire mobile home park in accordance with the provisions of this article.
E. The making of extensions or alterations without prior approval of
the Building Inspector shall be cause of immediate revocation of the
mobile home park permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Maine Department of Transportation specifications, current
revision, as modified by the office of the City Engineer or herein,
shall be used as minimum specifications. Alternates using equivalent
or better specifications may be submitted to approval to the Planning
Board.
A. Streets and roadways.
(1) The area of each right-of-way shall be first cleared of all stumps,
roots, brush and perishable materials, except trees, shrubs and so
forth intended for preservation.
(2) All loam, loamy material, and clay shall be removed from the full
length and width of the street, inclusive of sidewalks, to such depths
as may reasonably be required by the City Engineer.
(3) All streets shall be brought to a finished grade as shown on the
profiles of the definitive plan with gravel as specified below to
a width of 36 feet, or to such width as is approved by the Planning
Board. Crown shall be a minimum of 1/4 inch per foot.
(4) The entire area of the roadway shall be graded to a subgrade of not
less than 12 inches below the finished grade as shown on the plan,
profile, and cross section hereinbefore mentioned. Any fill in subgrade
shall be of a subsoil of good bearing characteristics, free from loam,
vegetation, decayed matter, peat or other comprehensive material.
Large rocks and boulders shall not be used where the diameter of the
boulder is greater than 1/2 of the depth of the fill nor shall boulders
be used near the surface of the subgrade. Fill in subgrade be placed
in layer of 12 inches thickness wherever practicable; each layer shall
be well-compacted.
(5) The base course shall be a minimum of 12 inches compacted in thickness
of gravel borrow consisting of hard, durable stone and course and
practically free from loam and clay uniformly graded and containing
no stone having any dimension greater than 2 1/2 inches. Grading
of gravel shall conform to the requirements of the City Engineer.
(6) The pavement surface shall consist of a minimum of two inches of
hot bituminous pavement, grading "C" per State of Maine Specifications.
No bituminous paving shall be done during rainy weather or when weather
conditions as to temperature or otherwise are, in the opinion of the
City Engineer, unfavorable for obtaining satisfactory results. The
wearing surface shall be allowed to seal for 24 hours without traffic.
(7) Adequate disposal of surface water shall be provided. Catch basins
shall be built in conformity with specifications of the City Engineer.
Drain lines shall be installed to conduct surface water to stream
courses or other drainage outlets permanently secured by proper legal
documents.
B. Sidewalks.
(1) Sidewalks may be required on both sides of each new way except where,
in the judgment of the Planning Board, the projected use does not
require sidewalks on more than one side. Sidewalks within the mobile
home park shall be of not less than three feet in width. In general,
the finished grade shall be at least six inches above the adjacent
roadway. The entire area of the sidewalk shall be graded to a subgrade
of not less than 10 inches below the finished grade and shall be graded
with at least eight inches of gravel, thoroughly compacted. Wearing
surface shall be of suitable material approved by the City Engineer
and the Public Services Department.
(2) Paved walkways not less than two feet in width shall connect each
mobile home stand to a paved sidewalk, to a paved parking area, to
a paved street, or to a paved driveway connecting to a paved street.
Walkways may be of paving stone, brick pavers, or concrete block to
facilitate relocation.
C. Curbing.
(1) Curbing shall be required on both sides of all streets. Bituminous
concrete, granite or 2,500 psi concrete curb shall be provided. Granite
or concrete may be required where, in the judgment of the Planning
Board and City Engineer, such curbs are necessary to prevent damage
to curbing or to control erosion. Curbing shall conform to the specifications
of the Public Services Department. Paving and base construction shall
be extended the full width under bituminous concrete curbing.
(2) Concrete curbing may be either precast or poured in place, with expansion
joints at least every 20 feet. Granite and concrete curb shall have
cross sections conforming to the specifications of the Public Services
Department and shall be set on at least eight inches of compacted
bank gravel. Air entrainment shall be used for concrete. Sloped granite
curbing may be used with cross section of approximately four inches
by 12 inches.
D. Planting spaces. Planting spaces or esplanades of at least three
feet in width may be provided on both sides of the roadway except
where, in the judgment of the Planning Board, projected use does not
require such planting spaces. They shall be graded with at least eight
inches of compacted loam. Seeding with lawn grass shall be done after
building construction has been completed on the particular lots adjacent.
E. Utilities.
(1) Water supply.
(a)
Where public water service is available, water pipes and related
equipment, such as hydrants and main shutoff valves, shall be constructed
to serve all lots on each street in the mobile home park in conformity
to specifications of the Portland Water District and the City. A water
main of at least eight inches in diameter shall be installed in the
street.
(b)
A water main of less than eight inches in diameter may be approved as provided in Chapter
281, Article
II, Street Construction and Improvements, of this Code. Water service lines shall be extended from the main to each property line before the street is surfaced. Shutoff valves to each lot shall be located in the planting spaces within the right-of-way. All utility trenches shall be filled with bank gravel, carefully compacted. Such pipes and related equipment shall either be installed by the Portland Water District or be of specifications approved by said District.
(c)
When a public water supply is not available, a private supply
may be developed and used subject to approval by the City Health Officer
and the State Department of Health and Human Services.
(d)
The water supply shall be capable of delivering a minimum of
150 gallons per day per mobile home.
(e)
Every well or suction line of the water supply system shall
be located and constructed in such a manner that neither underground
nor surface contamination will reach the water supply from any source.
(f)
The water supply system shall be connected to all mobile homes,
buildings, and other facilities requiring water in such a manner as
to prevent freezing of the pipes. The mobile home connection shall
consist of a riser terminating at least four inches above the ground
surface, with two three-fourths-inch valve outlets. The outlets shall
be threaded so that a connection can be made from one outlet to the
mobile home water piping system and the other connection can serve
a garden hose.
(g)
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with all applicable state and local regulations
and shall be of a type and in locations approved by the Building Inspector.
(2) Sewage.
(a)
Where public mains are available, sanitary sewer lines and related
equipment, such as manholes and connecting wyes shall be constructed
to serve all lots on each street in the development in conformity
with specifications of the Sewer Division of the City Department of
Public Services. Sewer lines shall be extended from the main to each
lot line before the street is surfaced. Such sewer lines and related
equipment shall either be installed by the Sewer Division of the City
or to specifications approved by said Division.
(b)
A mobile home park, any part of which is further than 500 feet from an existing public sewer with available capacity and which does not connect with the public sewer, must be provided with an approved private sewage disposal system as defined in the Maine State Plumbing Code, as amended, and in conformance with Chapter
335, Land Use, of the City Code. It shall be of specifications satisfactory to the Planning Board and to the City Engineer.
(c)
Each mobile home lot shall be equipped with at least a three-inch
sewer connection located so as to provide a suitable connection from
the home with a continuous grade which is not subject to surface drainage.
Provisions shall be made to plug the connection when a mobile home
does not occupy the space.
(3) Electrical and communication distribution system.
(a)
Every mobile home park shall contain an electrical wiring system
consisting of wiring, fixtures, equipment and appurtenances which
shall be installed and maintained in accordance with all applicable
state and local codes and regulations governing such systems. All
facilities shall be approved by the Electrical Inspector.
(b)
Wherever soil conditions permit, all electrical and communication
distribution facilities may be located underground.
(c)
Adequate lights shall be provided to illuminate streets, driveways,
and walkways for the safe movement of vehicles and pedestrians at
night.
F. Refuse and garbage disposal.
(1) The storage, collection, and disposal of refuse and garbage in the
mobile home park shall be so conducted as to create no health hazards,
rodent harborage, insect breeding areas, accident or fire hazards,
or air pollution.
(2) All refuse shall be stored in fly-tight, watertight, rodent-proof
containers, which shall be located not more than 150 feet from any
mobile home lot. Containers shall be provided in sufficient number
and capacity to properly store all refuse and garbage in separate
containers.
(3) Refuse and garbage collection stands shall be provided for all containers.
Such stands shall be so designed as to prevent containers from being
tipped.
(4) Where municipal collection service is not available, the mobile home
park licensee shall be responsible for the collection of all refuse
and garbage at least once a week, which shall be transported in covered
vehicles or covered containers to municipal refuse or garbage disposal
areas.
G. Fuel supply and storage.
(1) Natural gas and liquefied petroleum gas systems shall comply with
all applicable codes and regulations. Installation of systems shall
be subject to inspection and approval by the Fire Chief.
(2) All fuel oil supply systems shall be constructed and installed in
each mobile home lot in accordance with all applicable codes and regulations.
Installation of the system shall be subject to inspection and approval
of the Fire Chief.
H. Storage facilities.
(1) Storage facilities on or conveniently near each mobile home lot shall
be provided for the storage of often-used outdoor equipment, furniture
and tools and for the storage of such other material as is used only
seasonably or infrequently by the typical tenant and cannot be conveniently
stored in the typical mobile home.
(2) When storage facilities are required by a mobile home tenant, the
mobile home management shall furnish storage space located not more
than 100 feet from the tenant's stand. Storage space shall be a minimum
of 90 cubic feet for each tenant in a suitable weather-resistant structure
built in accordance with the provisions of the Westbrook's Building
Code and acceptable to the Building Inspector.
I. Monuments. Granite or reinforced concrete monuments in accordance with the specifications of Chapter
281, Article
II, Street Construction and Improvements, of this Code shall be installed at least on one side of the right-of-way, at all street intersections, at all points of change in direction or curvature of streets, and at other points where, in the judgment of the Planning Board, permanent monuments are necessary. Such monuments shall be set to conform to the specifications of the Public Services Department. No permanent monuments shall be installed until all construction which would destroy or disturb the monument is completed.
J. Trees. Every effort shall be made to preserve the existing trees
in the right-of-way and on the mobile home lots. Filling shall be
done in such manner as to preserve the trees wherever possible.
K. Cleaning up. Upon completion of all work on the ground, the developer
shall remove from the streets and adjoining property all temporary
structures and all surplus material and rubbish which may have accumulated
during construction, and shall leave the area in a neat and orderly
condition.
Notwithstanding other provisions of this article relating to
space, bulk, and use, the Planning Board, in reviewing plans for proposed
mobile home parks, may modify said provisions related to space, bulk,
and use to permit innovative approaches to environmental design in
accordance with the following standards:
A. The purpose and intent of this article shall be upheld.
B. There shall be compliance with all state and local codes and ordinances.
C. There shall be no approval of any proposed new or expanded mobile
home park which exceeds the net residential density set forth in this
article. For the purposes of this article, net residential density
shall be established by the area of residual space available for mobile
home development after deduction of vehicular rights-of-way and land
not developable because of drainage, subsurface conditions or other
natural impediment.
D. Front yard set back requirements may not be modified by a reduction
of more than 50%.
E. Minimum side yard requirements may not be modified by a reduction
of more than 50%.
F. Frontage requirements shall not be modified by a reduction of more
than 35%.
G. Each building and mobile home stand shall be an element of an overall
plan for site development.
H. Where possible, mobile home stands shall be oriented with respect
to scenic vistas, natural landscape features, topography, and natural
drainage areas.
I. Development proposals shall include a landscape program to illustrate
the proposed treatment of space, roads, paths, service and parking
areas. Screening devices shall not impair pedestrian and vehicular
safety.
J. All utilities shall be installed underground wherever possible. All
transformer boxes, substations, pumping stations, and meters shall
be located and designed as not to be unsightly or hazardous to the
public.
K. Residual open space accumulated by modifying space and bulk requirements
within the allowable density limits shall be allocated to the recreational
amenity and environmental enhancement of the mobile home park and
shall be designated as such on the site plan for the proposed development.
L. After approval of a proposed mobile home park, there shall be no
further subdivision of land within the proposed development which
will increase the allowable net density.
Whereas a serious shortage of affordable mobile home park space
in the City has resulted in abnormally high lot rents, and has produced
serious threats to the public health, safety, and general welfare
of the citizens of the community, this article hereby mandates the
establishment of a Mobile Home Lot Rent Justification Board.
[Amended 4-21-1992]
As used in this article, the following terms shall have the
meanings indicated:
DISCRIMINATION or DISCRIMINATORY
A homeowner is being treated differently as to the rent charged,
the services rendered, or an action for possession, or other civil
action being taken by the park owner without reasonable basis for
the difference in treatment.
GROSS INCOME
The sum of total rent received, plus other money generated
as a result of the operation of the park, including, but not limited
to, fees for services plus any bonuses, benefits or payments received
in connection with the use or occupancy of the mobile home unit.
LOT RENTAL AMOUNT
All financial obligations, except user fees, which are required
as a condition of tenancy.
MOBILE HOME
A residential structure, transportable in one or more sections,
which is eight body feet or more in width, over 35 body feet in length
with a hitch, built on an integral chassis, designed to be used as
a dwelling when connected to required utilities, not originally sold
as a recreation vehicle, and included plumbing, heating, air-conditioning,
and electrical systems contained therein.
MOBILE HOME LOT RENTAL AGREEMENT or RENTAL AGREEMENT
The written agreement between a mobile home owner and a mobile
home park owner in which the mobile home owner is entitled to place
his mobile home on a mobile home lot for either direct or indirect
remuneration of the mobile home park owner.
NET OPERATING INCOME
The gross income of the mobile home park less the operating
expenses of the park.
OPERATING EXPENSES
Annual expenses reasonably incurred by the mobile home park
owner directly related to the operating of the park for the following
items:
A.
Real estate and personal property taxes;
B.
"Utility costs," defined as electricity, sewer and water, heating
oil and rubbish removal;
C.
Normal repair and maintenance expenses for the grounds and common
facilities, including but not limited to landscaping, cleaning, plowing,
painting and equipment repair;
D.
Operating supplies incurred for administrative and maintenance
purposes;
E.
Administrative expenses, including, but not limited to, the
payroll expenses, and utilities, reasonable and necessary advertisement
costs incurred to ensure occupancy, and legal and accounting expenses
related to the operating of the mobile home park;
F.
Insurance premiums prorated over the life of the policy;
G.
Other taxes, fees and permits (excluding income taxes);
H.
The cost of all fees which are required to be paid to the City under this article or rules and regulations promulgated pursuant to §
216-15B for review of an application which results in the approval of a rental increase or a requested change in park rules, provided that no such costs shall be included in the park's annual operating expenses if the park owner has failed or refused to meet and to engage in good-faith discussions with the tenants' association as provided in §
216-14C of this article;
I.
Capital improvements amortized in accordance with an amortization
schedule approved by or acceptable under general accounting principles
and certified by the park owner's auditors as reflecting the normal
useful life expectancy of that type of capital improvement. In addition,
money placed in reserves for long-term capital improvements may be
treated as operating expense up to 5% of the annual gross income of
the park, provided that the accumulated reserves shall not exceed
30% of the annual gross income of the park and provided that capital
improvements funded from the reserve account shall not also be allowable
on the capital improvement amortization schedule;
J.
Interest expenses for debt resulting from original acquisition
of the park and for subsequent capital improvements to the park. Late
penalties and/or other interest assessed as a result of late payment
or other default by owner shall not be included as an operating expense
for purposes of this article;
K.
Depreciation expenses shall not be treated as operating expenses
for the purpose of this article;
L.
Points and fees incurred by the park owner in refinancing the
debt resulting from original acquisition of the park and in financing
any subsequent capital improvements, said points and fees to be capitalized
and amortized over the term of the loan.
UNREASONABLE
Arbitrary, capricious, or inconsistent with this article.
USER FEES
Those amounts charged in addition to the lot rental amount
for nonessential optional services provided by or through the park
owner to the mobile home owner.
Any person who is aggrieved by any action, regulation or order
of the Board may file a complaint against the Board in the district
court having jurisdiction over the area in which the property is located,
and thereupon, an order or notice shall be issued by such court and
served on the Board as provided in the case of a civil action. Such
district court shall have exclusive original jurisdiction over such
proceedings. All orders, judgments, and decrees of such district court
may be appealed as is provided in the cases of a civil action in such
district court.