This article provides for the submittal requirements, development standards, processing, administration and enforcement of a specific type of development requiring a land development permit under Article XVI of this chapter. Because mobile home parks are such a highly specialized and tightly designed group living complex, this article contains a number of detailed requirements for mobile homes and mobile home parks, including both development and operational provisions (particularly as they apply to the physical features, utility services and initial occupancy of a park under staged construction). Additional administration and enforcement considerations are also by necessity included in this article.
A.
After the effective date of this chapter, no mobile
home shall be permitted to be located in a duly licensed mobile home
park which does not meet the minimum standards set forth in publication
NFPA No. 501A, 1982 Standard for Fire Safety Criteria, Mobile Home
Installations, Sites and Communities, as it may be amended, and these
standards are hereby adopted by reference and incorporated in this
chapter.
B.
After the effective date of this chapter and prior
to the issuance of any required certificates of occupancy, no mobile
home shall be located on any lot within a mobile home park until at
least one permanent marker is set on a corner of the lot fronting
on a street. The term "permanent marker" includes, but is not limited
to, the following: a granite monument, a concrete monument, an iron
pin or a drill hole in ledge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
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 State
of Maine Manufactured Housing Act (10 M.R.S.A. § 9001 et
seq., as it may be amended) or the State of Maine Industrialized Housing
Law (30-A M.R.S.A. § 4358 et seq., as it may be amended)
or any successive legislation or standards, except those meeting local
standards. Any mobile home presently located and occupied in the City
of Bangor which does not conform to said standards may remain but
may not be replaced by a mobile home which does not conform to said
standards.
[Amended 8-28-2023 by Ord. No. 23-245]
D.
No mobile home shall be occupied for any purpose in
the City of Bangor until a certificate of occupancy shall have been
issued by the Code Enforcement Officer, stating that the mobile home
and the proposed use and/or occupancy thereof complies with all applicable
laws and ordinances of the City of Bangor.
E.
No mobile home used as a principal residential building
on an individual lot or in a mobile home park may be replaced if the
replacing mobile home will create nonconforming yards or separation
distances or will increase any nonconformity of yards or separation
distances existing as of the effective date of this provision.
No person, firm or corporation shall construct
a new mobile home park or alter or expand an existing mobile home
park unless such person shall first obtain a land development permit
for such purpose, as follows:
A.
Application shall be made to the Staff Coordinator for a mobile home
park development permit.
[Amended 1-9-2017 by Ord.
No. 17-055]
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.
The applicant shall file with the application three
copies of plans of the proposed mobile home park, drawn to a scale
of not more than 100 feet to the inch, showing the following information:
(1)
Name(s) and address(es) of owner and applicant.
(2)
The area and dimensions of the tract of land, including
contours at an interval of no more than two feet. This information
shall be derived from or approved by a professional land surveyor
or licensed professional engineer.
(3)
The number, location, size and shape of all mobile
home lots and the locations of mobile home stands on each lot.
(4)
The location, size and use of any existing or proposed
buildings.
(5)
The names of abutting property owners.
(6)
The location and width of rights-of-way, street pavements
and walkways.
(7)
The location of water, sewer, gas, electrical and
other utility lines and the location and type of sewage and refuse
disposal facilities.
(9)
Location and types of recreation areas.
D.
The plan accompanying the application for such permit
shall be reviewed by the Code Enforcement Officer and the City Engineer.
These officials shall review the proposal for compliance with the
requirements of this chapter and other applicable City ordinances
and shall report their findings in a recommendation, through the Planning
Officer, to the Planning Board.
E.
With due consideration to the recommendations of the Code Enforcement Officer, the City Engineer and the Planning Officer, the Planning Board shall review the proposal in order to determine the suitability of the site and the adequacy of the design and arrangement of lots, streets, walkways, streetlighting, recreation and off-street parking facilities, landscaping and the utilities as required under this article. The Board shall hold a public hearing on the proposal not less than 10 days after notice of such hearing has been published in a newspaper of general circulation in the City of Bangor. The Board shall then proceed in accordance with Article XVI, § 165-114 and shall take final action on the land development permit request.
F.
A land development permit for a mobile home park shall
be issued for an initial period of 24 months from the date of issuance.
At the end of such period, if the construction has not been completed,
the applicant may obtain an extension of said permit for a period
of 12 months. Thereafter, the applicant may continue to obtain extensions
of 12 months each until the project is completed. Notwithstanding
the provisions of this subsection, any land development permit approval
for a mobile home park containing 100 or fewer spaces will lapse after
36 months from the date of Planning Board approval, and any such permit
for a mobile home park containing more than 100 spaces will lapse
after 60 months from the date of Planning Board approval. All extensions
shall be obtained from the Code Enforcement Officer and shall be subject
to the following:
(1)
At least 30 days prior to the expiration of the original
permit, or any extension thereof, the applicant may make written application
to the Staff Coordinator for a permit extension. Any application received
less than 30 days prior to the expiration date of the permit may be
referred to the Planning Board for reapproval under this article by
the Code Enforcement Officer. Any request received less than 10 days
prior to the expiration date will be forwarded to the Planning Officer
for processing for Planning Board review for reapproval under the
provisions of this article. The application may include such information
as may be required by the Code Enforcement Officer for purposes of
ensuring that the project conforms to all local requirements and shall
also include a statement by the applicant indicating the current status
of the project. Such statement shall include an estimated date for
the project completion.
[Amended 1-9-2017 by Ord.
No. 17-055]
(2)
Upon receipt of such written application, the Staff
Coordinator shall notify, in writing, the City Manager and the Planning
Board, post notice thereof in City Hall and publish notice thereof
once in a newspaper of general circulation in the City of Bangor.
No extensions of a land development permit shall be issued until 15
days after such newspaper publication.
[Amended 1-9-2017 by Ord.
No. 17-055; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
(3)
The Code Enforcement Officer shall personally inspect
the development and review all comments received. (The City Engineer
may be called upon to assist in the inspection of the development.)
If they determine that the project is being constructed in compliance
with previously approved plans and under all requirements of the ordinances
of the City of Bangor, they shall grant the extension application.
If they determine that the project is not being constructed in accordance
with said plans or with any requirements under the ordinances of the
City of Bangor, they shall deny the extension application and shall
notify the applicant, in writing, of their decision in a manner provided
by law. Any ordinance violations found may be prosecuted under the
terms of this chapter. If changes to approved plans are necessary,
the applicant must submit such amended plans for Planning Board approval
under the provisions of this article. Written notice of all actions
of the Code Enforcement Officer, either granting or denying the extensions,
shall be given to the City Manager and the Planning Board. The Code
Enforcement Officer shall also post notice of their decision in City
Hall for 30 days.
(4)
An additional permit fee shall be paid by the applicant
to the Staff Coordinator before any land development permit extension
shall be granted pursuant to this chapter.
[Amended 1-9-2017 by Ord.
No. 17-055; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
G.
Any construction of, or in, a mobile home park shall be done according
to the approved plan and shall be completed no later than the expiration
date of the mobile home park land development permit. Construction
will be deemed to be completed although the final site and grading
work has not been completed as to any individual mobile home lot;
provided, however, that said final site and grading work will be completed
as to any individual mobile home lot prior to any occupancy and within
a period of 60 days from the date that any mobile home is placed on
said lot. Final paving of streets and driveways shall be completed
no later than June 30 of the year following final construction of
said streets.
[Amended 1-9-2017 by Ord.
No. 17-055; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
(1)
No certificate of occupancy shall issue until a digital as-built plan meeting the requirements of § 165-10F and G is submitted to the Staff Coordinator and approved by the Code Enforcement Officer or their designee. A digital as-built plan need not cover the entire mobile home park in order to meet this requirement, so long as any certificate of occupancy that is issued is for a structure that is in an area of the mobile home park for which a digital as-built plan has been submitted and approved.
(2)
No building permit shall be issued by the Code Enforcement Division
for the construction of a mobile home slab until all infrastructure
needed to support a mobile home on the slab has been constructed,
installed, and inspected by the appropriate City authority. Infrastructure
includes, but is not limited to, public and private roads; sewer,
water and electric mains; and stormwater infrastructure designed to
treat water from the mobile home park.
(3)
No certificate of occupancy for any mobile home will be issued by the Code Enforcement Division until the property for which the certificate is sought is in compliance with all applicable regulations, including but not limited to building, zoning, and stormwater requirements. A temporary certificate of occupancy may be issued when necessary under the provisions of § 165-113G.
New mobile home parks and expansions of existing mobile home parks shall conform to the following minimum requirements, unless otherwise modified in accordance with the special provisions set forth in §§ 165-121 and 165-122 of this article:
B.
Mobile home parks shall be located on a well-drained
site properly graded to ensure rapid drainage and freedom from stagnant
pools of water. The site shall not be exposed to objectionable smoke,
noise, odors or any other adverse influences, and no portion subject
to unpredictable sudden flooding, subsidence or erosion shall be used
for any purpose which would expose persons or property to hazards.
C.
A mobile home park shall be located on a single parcel
of land having sufficient overall area to accommodate, in addition
to the individual mobile home lots, all road rights-of-way and all
buffer strips, open space and other areas required under this chapter
or under any other applicable law, rule or regulation.
E.
No structures, streets or utilities may be placed
in any buffer strip required under this chapter, except that utilities
may be permitted to cross a buffer strip to provide services to the
mobile home park.
G.
All mobile homes shall contain not less than 450 square
feet of floor area.
H.
Dimensional requirements.
[Amended 8-28-2023 by Ord. No. 23-245]
(1)
Each individual mobile home lot shall meet the following
requirements:
(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.
(3)
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 boundary.
(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.
[Amended 8-28-2023 by Ord. No. 23-245]
(a)
Privately owned roads within a mobile home park must:
[1]
Be built according to acceptable engineering standards and with a
professional engineer'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.
(3)
All streets within a mobile home park shall be furnished
with lighting units to provide the following average maintained levels
of illumination:
(4)
Dead-end streets shall be limited in length to 1,000
feet and at the closed end shall be provided with a turnaround having
a minimum radius of 50 feet.
(5)
Paved walkways not less than three feet in width shall
connect each mobile home stand to a paved street or to a paved driveway
connecting to a paved street.
(6)
Two off-street parking spaces shall be provided on
each mobile home lot.
J.
Mobile home lots shall provide an adequate stand,
approved by the Code Enforcement Officer, for the placement of a mobile
home. Stands shall be of such construction as to prevent heaving,
shifting or settling as a result of frost action, poor drainage or
other such forces.
K.
All individual mobile homes shall be equipped with
skirting or other types of enclosure.
L.
Landscaping.
(1)
Where possible, existing trees shall be preserved,
and mobile home stands shall be oriented with respect to scenic vistas,
natural landscape features, topography and natural drainage areas.
(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 .35.
[Amended 8-28-2023 by Ord. No. 23-245]
(3)
Screen planting, subject to review by the Planning
Board, shall be provided around the boundaries of the park and around
and garbage and trash collection stations. Screens shall meet the
requirements of Bufferyard 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. Street tree planting (Buffer E) shall occur along the boundary
adjacent to the public street providing access to the park.
[Amended 8-28-2023 by Ord. No. 23-245]
(4)
Other planting shall be provided and shall be adequate
in size, quantity and character to provide an attractive setting for
the mobile homes and other improvements, to provide adequate privacy
and pleasant outlooks for living units, to minimize reflected glare
and to afford summer shade.
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.
[Amended 8-28-2023 by Ord. No. 23-245]
N.
All transformer boxes, substations, pumping stations
and meters shall be located and designed so as not to be unsightly
or hazardous to the public.[4]
[4]
Editor's Note: Former Subsection O, regarding construction
of, or in, a mobile home park, which immediately followed this subsection,
was repealed 1-9-2017 by Ord. No. 17-055.
Mobile home parks in existence prior to the
effective date of this chapter shall conform to the following regulations:
A.
Within 90 days after said effective date, the owner
or operator of such park shall be required to submit to the Code Enforcement
Officer a general site plan of the park showing the following information
as it existed on the effective date of this chapter unless accomplished
under the previous ordinance adopted in September of 1971 or approved
under the provisions of said ordinance:
(1)
Name(s) and address(es) of the owner and operator.
(2)
Area and dimensions of the park.
(3)
Number, location, size and shape of all mobile home
lots.
(4)
Number, location and size of all mobile homes and
buildings.
(5)
Location and width of all streets and walkways.
(6)
Approximate location and size of water, sewer, gas
and other utility and sewage disposal facilities.
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.
(1)
Any application for the reconstruction of an existing mobile home park under this subsection shall comply with the provisions of Article XVI and this article.
(2)
To be eligible for the reconstruction of a mobile
home park under this subsection, the existing mobile home park must
be located in a district in which a mobile home park is either a permitted
or conditional use. An application for the reconstruction of an existing
mobile home park must also comply with any other relevant requirements
of this chapter.
(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:
(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.)
(a)
Minimum land area for the reconstructed mobile
home park: land area of the existing mobile home park.
(c)
Lot size and setback requirements:
[1]
Minimum mobile home lot size: 4,000 square feet
in area.
[2]
Minimum mobile home lot width: 40 feet.
[3]
Minimum mobile home lot depth: 100 feet, measured
parallel to the mobile home side lot line.
[4]
Minimum distance from mobile home to any lot
line: 5 feet.
[5]
Minimum distance between adjacent mobile homes:
10 feet.
[Amended 8-28-2023 by Ord. No. 23-245]
(d)
(e)
The screen planting zone along mobile home park
boundary lines shall have a minimum width of five feet.
(f)
Recreation areas shall not be required for reconstructed
mobile home parks containing fewer than 50 mobile home lots. If the
reconstructed park contains 50 or more mobile home lots, the Planning
Board shall determine how much recreation area is adequate to service
the residents of said park and may require up to 10% of the area of
the mobile home lots for such area.
(g)
Detached accessory structures are prohibited on mobile home lots in a mobile home park reconstructed under this Subsection C. Attached structures, such as an awning, cabana, storage cabinet, windbreak or porch, are permissible as long as the gross floor area of the same does not exceed 32 square feet. For purposes of all separation requirements imposed by this chapter, attached structures shall be considered to be part of the mobile home.
[Amended 10-27-2014 by Ord. No. 14-317]
Notwithstanding other provisions of this chapter
relating to space, bulk and use, the Planning Board, in reviewing
plans for new or expanded mobile home parks, may modify said provisions
to facilitate innovative approaches to environmental design, provided
that all of the following standards are maintained:
A.
The purpose and intent of this chapter shall be upheld.
B.
There shall be compliance with all state and local
codes and ordinances.
D.
In cases of lots fronting on culs-de-sac or irregular-shaped
lots resulting from a curvilinear street pattern, minimum lot size
may be modified by reducing frontage and depth requirements by not
more than 25%.
E.
Residual space accumulated by reducing lot size requirements
within the allowable density limits shall be added to the required
recreational space and shall be designated as such on the site plan
of the development.
F.
Front yard setback requirements may be modified by
a reduction of up to 50%.
G.
Side yard setback requirements may be modified by
a reduction of up to 50%.
H.
Rear yard setback requirements may be modified by
a reduction of up to 50%.
A.
Water supply.
(1)
An accessible, adequate, safe and potable supply of
water shall be provided in each mobile home park. Where a public water
supply is available, connection to such system shall be required and
its supply used exclusively. When a public water supply is not available,
a private water supply may be developed and used subject to approval
by the City Engineer and the State Department of Health and Human
Services.
[Amended 9-14-1998 by Ord. No. 98-339; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The water supply shall be capable of delivering a
minimum of 150 gallons per day per mobile home.
(3)
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.
(4)
The water supply system shall be connected by pipes
to all mobile homes, buildings and other facilities requiring water.
(5)
All water piping, fixtures and other equipment shall
be constructed and maintained in accordance with the State of Maine
law, the State Plumbing Code and local regulations[1] and shall be of a type and in locations approved by the
Code Enforcement Officer and the City Engineer.
(6)
If
a public water supply is not available, a fire pond must be constructed
per NFPA standards.
[Added 8-28-2023 by Ord. No. 23-245]
B.
Sewage disposal.
(2)
Any mobile home park located within 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 engineer.
[Amended 8-28-2023 by Ord. No. 23-245]
(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.
[Amended 8-28-2023 by Ord. No. 23-245]
(5)
Design of all sewer facilities shall require approval
of the City Engineer.
C.
Electrical distribution system. 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 of Maine laws and
local codes and regulations governing such systems.[4] All facilities shall be approved by the Code Enforcement
Officer.
D.
Refuse disposal.
(1)
The storage, collection and disposal of refuse 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)
Each mobile home shall be provided with sufficient
fly-tight, watertight, rodent-proof containers to adequately store
all refuse. The licensee shall be responsible for the regular removal
of such refuse at least equivalent to the frequency of the City's
collection of such refuse. Removal will be to such places as may be
approved by the City.
E.
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 Code Enforcement
Officer.
(2)
All fuel oil supply systems shall be constructed and
installed underground 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 Code Enforcement Officer.
F.
Service buildings. The following requirements shall
apply to any service buildings located in a mobile home park, including
management offices, repair shops, storage buildings, laundry buildings
and sanitary facilities:
(1)
Buildings shall meet all requirements of the Building
Code of the City of Bangor and shall be included on the plans reviewed
by the Planning Board under the provision of this article.
(2)
All rooms containing sanitary facilities shall have
sound-resistant walls extending to the underside of the roof deck
between male and female sanitary facilities. Walls and partitions
around lavatories and other plumbing fixtures shall be constructed
of dense, nonabsorbent, waterproof material or covered with a permanent-type,
moisture-resistant material.
(3)
Plumbing in any service building shall meet all requirements
of the State Plumbing Code.
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 structure shall:
(a)
Not exceed a width of 24 feet or a length of
26 feet.
(b)
Be located not less than 15 feet from the street
right-of-way, not less than five feet from a rear lot line and not
less than five feet from a side lot line.
[Amended 8-28-2023 by Ord. No. 23-245]
(c)
Be located not less than 10 feet from any mobile
home or any other accessory structure.
(d)
Not exceed a wall height of 10 feet nor have
a roof pitch exceeding five inches per foot.
(e)
Have a foundation that conforms to the Building
Code of the City of Bangor.
(f)
Not obstruct required openings for light and
ventilation of the mobile home nor prevent inspection of any mobile
home equipment or utility connection.
(2)
Notwithstanding other provisions of this chapter,
the Code Enforcement Officer may grant permits for accessory structures
on individual mobile home lots which meet these requirements.
H.
Attached structures. The following requirements shall
apply to any extensions to mobile homes, such as porches, porticoes
and decks. Such attached structures shall:
