Hoping we have some Maine investors here that could give me their thoughts on this.
The specifics of the property are as follows:
1 acre of land that has
1 ranch home
5 mobile home pads / homes
I had called the town halls code enforcer to ask some questions. She was concerned about the property I am interested in not being a legal Non conforming subdivision as no permission was granted ( or denied for that matter) to split the lot up into multiple dwelling Units.
Their (Maines) definition of subdivision is below:
Subdivision. “Subdivision” means the division of a tract or parcel of land into 3 or more lots within any 5-year period that begins on or after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. The term “subdivision” also includes the division of a new structure or structures on a tract or parcel of land into 3 or more dwelling units within a 5-year period, the construction or placement of 3 or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into 3 or more dwelling units within a 5-year period.
First: I’m not sure if this property fits under the definition of subdivision as the mobile homes ( dwelling units) were not placed on the land all within a 5-year period.
Second: Under exceptions for the Subdivision subchapter it states “5. Subdivisions in existence for at least 20 years. A subdivision in violation of this subchapter that has been in existence for 20 years or more”
Even if this property does indeed fit under subdivision, it has been in existence for well over 20 years. If I’m reading this correctly, this would make it legal non conforming.
Hope to get some other thoughts on this before I contact the code enforcer to ask.
Start by finding the town zoning ordinance and when it was initially enacted. Gather information from the seller (old plans for infrastructure or surveys) or town regarding the parcel: any recent (last 20-30 years) home moves will have something on file. The goal is to show that the homes existed prior to the town enacting a zoning ordinance.
We’ve owned in a few dozen New England municipalities: at the end of the day we’ve never had any issues with parks and zoning. Most people realize it’s the only affordable housing around and as long as you’re not trying to stuff 10 more homes on an acre lot they aren’t going to give you much grief.
From my research “The Zoning Ordinance for the Municipality was adopted by the municipal legislative body on May 18, 1992”
Maybe because the state is aware some of its towns lacked ordinance before the last 20 years and that’s why the state of Maine states:
“A subdivision in violation of this subchapter that has been in existence for 20 years or more”
is exempt from the states subdivision guide lines?
Maine has some interesting ways to interpret the laws. We have two parks in ME.
Here is what I have found.
So long as you have a Permit to Operate from the State, you will be fine. If the locals give you a hard time, you can involve the state inspector. He is sometimes helpful, sometimes not.
Manufactured housing community. “Manufactured housing community” means a parcel or adjoining parcels of land under single ownership, which has been planned and improved for the placement of three or more manufactured homes as defined in section 7, where at least 50% of the homes must comply with section 7(A) or (B) of this chapter, but shall not include a construction camp or a campground. “Manufactured housing community” is synonymous with “mobile home park” as defined in 10 MRS §9081(2).
Manufactured housing community. “Manufactured housing community” means a parcel or adjoining parcels of land under single ownership, which has been planned and improved for the placement of three or more manufactured homes as defined in section 7, where at least 50% of the homes must comply with section 7(A) or (B) of this chapter, but shall not include a construction camp or a campground. “Manufactured housing community” is synonymous with “mobile home park” as defined in 10 MRS §9081(2).
Also, are of those documents state of Maine regulations or are they specific to a individual township of Maine?
@lorean87@SDGuy Yes SDGuy is spot on. If you have a license to be a mobile home park from the Manufactured Housing Board (aka the state of Maine) then all is good. And if your park pre-dates when they had codes in your town then it’s legal non-conforming. 385 CH. 850 is the state licensing standards. Any expansion or new construction in that park that happens in present time has to conform to the current standards.
Thanks so much Mike for confirming and for your input.
I’ll have to read through that more thoroughly to see if it would qualify for a license to be a mobile home park by the Manufactured Housing Board.