A Portland, Maine, landowner has agreed to remove two tiny homes from a parking lot in Bayside after being taken to court by the city, the Portland Press Herald reported.

Brent Adler, the principal of Federal Street Phoenix LLC, also agreed to pay a $1,000 fine for placing the tiny homes on trailers on his Chapel Street parking lot with the goal of renting them out, and for not having the necessary permits.

As the settlement was reached May 5 in the case of Adler’s tiny homes, the city also moved to adopt a new ordinance setting clear rules against the use of recreational vehicles as dwelling units in the city.

Adler said he is trying to sell the homes, which cost him $175,000.

“If I am not successful selling them, I will relocate them to another piece of land outside of Portland,” Adler said. He also said he has applied for a building permit to keep one tiny home there on a traditional foundation, rather than a trailer.

“I will continue my efforts to apply for the appropriate permit on my property, and I can see no legal reason why there should be any delay,” Adler said.

Last week, the city council’s housing committee recommended a new ordinance explicitly making it illegal for people to live in recreational vehicles, campers or trailered homes.

Adler had contended that he did not need permits from the city because his tiny homes were actually recreational vehicles with a motor vehicle registration, and that the city did not have any regulations around RV parks. He also contended that they complied with life safety requirements.

However, Michael Russell, the city’s director of permitting and inspections, said RV parks are not addressed in the code and are therefore prohibited.

“Any use that is not specifically allowed in the zoning ordinance is disallowed,” Russell said.

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