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Bancroft City Zoning Code

CHAPTER 7

LARGE SCALE DEVELOPMENT

10-7-1: INTENT:

The intent of this chapter is to: a) provide for the construction of certain large scale development which will permit increased flexibility in land developments and efficiency in the use of our land resources; and b) establish minimum standards and procedures for the construction and maintenance of such developments to the end that the quality of the living environment will be maintained.
(Ord. 199, 11-14-1983)

10-7-2: DEVELOPMENTS:

The following large scale developments shall be permitted upon compliance with the regulations set forth herein but only in the zones in which such large scale developments are permitted:
   A.   Residential or industrial subdivisions.
   B.   Mobile home parks.
   C.   Recreational vehicle courts.
(Ord. 199, 11-14-1983)

10-7-3: MOBILE HOME PARKS; LOCATION:

Mobile home parks shall be permitted only in the zones in which mobile home parks are specifically permitted. All such uses shall be subject to the restrictions and conditions contained within the zone requirements and also as hereinafter set forth.
(Ord. 199, 11-14-1983)

10-7-4: APPROVAL OF PLANS AND DOCUMENTS NECESSARY:

Any person wishing to construct a mobile home park shall obtain, from the planning and zoning administrator, information pertaining to the city plan of land use, streets, public facilities, and other requirements affecting the land within the development. Before a permit can be issued for any construction connected with a mobile home park, the preliminary plans, required documents pertaining to the development, and the final plan shall have been approved as hereinafter set forth.
(Ord. 199, 11-14-1983)

10-7-5: PRELIMINARY PLANS AND DOCUMENTS:

The preliminary plan and documents shall be prepared and submitted as follows: Three (3) copies of the preliminary plan must be submitted to the planning and zoning administrator at least two (2) weeks prior to the meeting of the planning and zoning commission at which the plan will be considered. The preliminary plan shall be drawn to a scale not smaller than one inch equals one hundred feet (1" = 100') or as recommended by the planning and zoning administrator, and shall show the following information:
   A.   The topography represented by contours shown at no greater intervals than two feet (2') when required by the planning commission.
   B.   The proposed street and mobile home space layout.
   C.   Proposed reservations for parks, playgrounds, and open spaces.
   D.   Size and character of recreation buildings and other structures associated with land and facilities to be used by the mobile home park occupants.
   E.   Layout or typical mobile home spaces.
   F.   Tabulations showing:
      1.   Area of land within the mobile home park.
      2.   Number of mobile homes permitted.
      3.   Number of mobile homes provided for in the mobile home park.
      4.   Percent of area to be devoted to parks and playgrounds.
      5.   Number of off street parking spaces.
   G.   Proposed location of off street parking spaces.
   H.   Proposed landscape planting plan, including type and location of plant materials.
   I.   Location of existing and proposed utility lines and easements, water and sewer lines, fire hydrants, storm drains and facilities, curbs, and other improvements.
   J.   Draft of proposed documents, including:
      1.   Management policies, covenants, and restrictions.
      2.   Maintenance agreements.
   K.   Typical street cross sections.
   L.   Any other data that the planning commission may require.
(Ord. 199, 11-14-1983)

10-7-6: STANDARDS AND REQUIREMENTS:

The development of a mobile home park shall conform to the following standards and requirements:
   A.   The area shall be in one ownership and shall remain in one ownership, and the same shall not be subdivided.
   B.   The final plan must be prepared by an engineer, architect, or landscape architect licensed to practice in the state of Idaho.
   C.   The minimum initial site size of a mobile home park shall be two (2) acres.
   D.   The mobile homes may be clustered and individual mobile home site sizes may be reduced below that required for single- family dwellings within the zone in which the development is located; provided, that the gross density of mobile home units within the development does not exceed eight (8) units per acre and that all lots or spaces are served by an approved central culinary water and sewage disposal system.
   E.   The land area not contained in individual lots, roads, or parking shall be set aside and developed as parks, playgrounds and service areas for the common use and enjoyment of the occupants of the mobile home park.
   F.   No less than ten percent (10%) of the gross area of the mobile home park shall be set aside for common use. The land covered by vehicular roadways, sidewalks, off street parking and landscaped areas surrounding mobile home spaces which are pertinent to each mobile home and area devoted to service facilities shall not be construed as being part of the area required for parks and playgrounds.
   G.   No mobile home or add on shall be located closer than fifteen feet (15') from the nearest portion of any other mobile home or add on; provided, that when a carport is added to a mobile home, side yards on the carport side shall be at least six feet (6') from the side lot line, or not less than twelve feet (12') between structures, whichever is greater. All mobile homes and add ons shall be set back at least five feet (5') from all roadways.
   H.   All area not covered by mobile homes, buildings, parking spaces or driveways shall be planted in lawn, trees, and shrubs or otherwise landscaped within two (2) years from date of final approval of the park.
   I.   All construction and required surfacing shall be applied to all off street parking space and driveways prior to occupancy of the park.
   J.   A strip of land at least eight feet (8') wide surrounding the mobile home park shall be left unoccupied by mobile homes and shall be planted and maintained in lawn, shrubs, and trees designed to afford privacy to the development.
   K.   All storage and solid waste receptacles outside of the confines of a mobile home must be housed in a closed structure compatible in design and construction with the mobile homes and with any service buildings within the mobile home park. All patios, garages, carports, and other add ons must also be compatible with design and construction with the mobile home and with the service buildings as approved by the planning and zoning commission.
   L.   Occupancy shall be by written lease, which lease shall be made available to the officials of the city upon demand.
   M.   Roadways shall be of adequate width to accommodate anticipated traffic, as follows:
      1.   For one-way with no parking: Twelve feet (12') in width, plus extra width as necessary for maneuvering mobile homes.
      2.   For two-way with no parking: Twenty four feet (24') in width.
      3.   For entrance streets: Minimum of thirty six feet (36') in width. All streets shall be constructed so as to provide adequate drainage of surface water and shall be graded and graveled to produce an all weather roadway.
   N.   There shall be no more than two (2) entrances from the mobile home park into any one street, which entrances shall be no closer than twenty five feet (25') from each other, nor closer than seventy feet (70') to the corner of an intersection.
   O.   Access shall be provided to each mobile home stand by means of an accessway reserved for maneuvering mobile homes into position and shall be kept free from trees and other immovable obstructions.
Use of planks, steel mats, or other means during placement of a mobile home shall be allowed so long as the same are moved immediately after placement of the mobile home.
   P.   Off street parking shall be provided at the rate of two (2) parking spaces per mobile home space contained within the mobile home park. In no case shall the parking space be located greater than one hundred feet (100') away from the mobile home space it is designed to serve, except that one- fourth (1/4) of the required parking spaces may be located not more than three hundred feet (300') away from the mobile home spaces it is designed to serve.
   Q.   In addition to meeting the above requirements and conforming to the other laws of the city, all mobile home parks shall also conform to requirements set forth in the "Code Of Camp, Trailer Court, Hotel, Motel And Resort Sanitation Regulations" adopted by the Idaho state board of health, and to the "Life Safety Code", which codes are hereby adopted by reference, three (3) copies of which are filed with the office of the city clerk-treasurer for use of the public, and all restrictions, regulations, and notations contained therein shall be made a part of this title as fully set forth herein. In the event of any conflict between said regulations or codes and this chapter, this chapter shall take precedence.
   R.   Mobile home parks containing not less than twenty five (25) mobile homes may include a launderette for convenience of the occupants of the park but not for the general public.
   S.   All mobile homes shall be located at least thirty feet (30') back from any public street and the resulting yards must be landscaped, except for driveways.
An area of at least one hundred (100) square feet for each mobile home space contained within the park shall be provided for the storage of boats, trailers, and campers. Said storage space shall be enclosed with a sight obscuring fence of not less than six feet (6') nor more than eight feet (8') in height.
(Ord. 199, 11-14-1983)

10-7-7: OTHER DOCUMENTS:

Documents shall also be submitted with the preliminary plan, consisting of:
   A.   A declaration of management policies, covenants, and restrictions setting forth the responsibilities and duties of the renters or occupants within the mobile home park.
   B.   An agreement between the developers and the city stating, among other things:
      1.   That in the event of failure or neglect on the part of the owners, successors, or assigns to maintain the common areas, landscaping and other improvements in good condition, the city may perform the necessary work, and for that purpose may enter in upon the land and do said work and charge the cost thereof, including reasonable attorney fees, against the owners or their successors or assigns.
      2.   That the developer will construct the project in accordance with approved plans.
      3.   That the contract shall be binding upon the heirs, assigns, receivers, or successors of the project for the life of the buildings or the project.
      4.   Any other conditions that the planning and zoning commission deems to be reasonably necessary to carry out the intent of this title.
(Ord. 199, 11-14-1983)

10-7-8: REVIEW AND APPROVAL:

   A.   The planning and zoning commission shall review the plan and proposed documents to determine compliance with all portions of the city master plan. In considering said plan, the planning and zoning commission, among other things, shall make sure that such developments shall constitute a residential environment of sustained desirability and stability and that it will not adversely affect amenities in the surrounding areas. The planning and zoning commission may require changes to be made in the plan. They may also require additional yards or buffers or other improvements to be installed along with greater amounts of landscaping or parking spaces. Said changes may be imposed as conditions of approval where it is determined by the planning and zoning commission that such changes are necessary to ensure that the development will mix harmoniously with adjoining or nearby uses.
   B.   An application for approval of a mobile home park shall be granted or denied only after a public hearing by the planning and zoning commission. Notice of the hearing shall be given at least five (5) days prior to said hearing. If approved by the planning and zoning commission, the application, with the planning and zoning commission recommendations, shall be submitted to the city council for its approval. An application denied by the planning and zoning commission may be appealed to the city council. Said appeal must be made, in writing, within ten (10) days after the denial is made by the planning and zoning commission. Approval of the preliminary plan shall be valid for a period of one year.
(Ord. 199, 11-14-1983)

10-7-9: FINAL SITE PLAN:

   A.   Upon approval of the preliminary plan by the city council, the developer shall submit to the planning commission a final site plan of either the entire mobile home park or the first stage of such development that is to be constructed. Such plan shall be drawn to scale, and provide, in detail, the information required under this chapter.
   B.   Copies of the final approved documents shall also be recorded in the office of the county recorder. No building permit shall be issued for said mobile home park until final plans have been approved by the planning and zoning commission and the required documents recorded in the office of the county recorder, and also until the bond required under this chapter has been properly posted.
(Ord. 199, 11-14-1983)

10-7-10: STAGE CONSTRUCTION PERMITTED:

Development may be carried out in progressive stages, in which event each stage shall be so planned that the requirements and intent of this title shall be fully complied with at the completion of each stage. No final plan for the initial stage shall cover less than two (2) acres.
(Ord. 199, 11-14-1983)

10-7-11: GUARANTEE OF PERFORMANCE; TYPE AND AMOUNT:

   A.   In order to ensure that the mobile home park will be constructed in an acceptable manner, developers shall post a bond, mortgage, or other assurance acceptable to the city council in an amount equal to the estimated cost of constructing all required landscaping, road improvements, pedestrianways, curbs and gutters, hard surfacing, water and sewer lines and other domestic sewage disposal facilities, and common facilities as shown on the final site plan.
   B.   The duration of the bond or other assurance shall be for two (2) years from the date of approval of the development by the city council. An extension of time may be granted by the city council upon application by the developer, provided such application is submitted at least sixty (60) days prior to the expiration of the bond, and provided the issuer of the bond is willing to extend the time of the assurance.
   C.   In the event the developer defaults or neglects to satisfactorily install the required improvements within two (2) years from the date of approval of the development by the city council, the said council may declare the bond or other assurance forfeited, and the town may install or cause the required improvements to be installed using the proceeds from the collection of the bond or other assurance to defray the expense thereof.
(Ord. 199, 11-14-1983)

10-7-12: FINAL DISPOSITION AND RELEASE:

The developer shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other assurance, the city council shall make an inspection of the improvements. If the conditions of said facilities are found to be satisfactory, the council shall release the bond or other assurance. If the condition of material or workmanship shows unusual depreciation or does not comply with the acceptable standards of durability, the city council may declare the developer in default.
(Ord. 199, 11-14-1983)

10-7-13: CONTINUING OBLIGATION:

Any failure on the part of the developer or his assigns to maintain the mobile home park in accordance with the approved management policies, covenants, conditions, restrictions and agreements shall be, and the same is hereby declared to be, a public nuisance endangering the health, safety, and general welfare of the public and a detriment to the surrounding area; and, in addition to any other remedy provided by law for the abatement or removal of such public nuisance, the city may remove or abate the nuisance and charge the cost thereof, including reasonable attorney fees to the owners.
(Ord. 199, 11-14-1983; amd. 2011 Code)

10-7-14: DEVELOPMENT IN PARKS:

The parks and play areas shall be protected against building development by conveying to the city an open space easement over such open areas, restricting the area against any future building or use, except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the residents. Buildings or uses for noncommercial, recreational, or cultural purposes, compatible with the open space objectives, may be permitted only with the express approval of the city council, following approval of building, site, and operational plans by the planning and zoning commission.
(Ord. 199, 11-14-1983)

10-7-15: LICENSE REQUIRED FOR MOBILE HOME PARK:

Prerequisite to the operation of any mobile home park shall be the obtaining of an annual license which shall be issued only after inspection by the zoning administrator. It shall be unlawful to operate a mobile home park without first obtaining a license, and said license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as set forth in this chapter.
(Ord. 199, 11-14-1983)

10-7-16: RECREATIONAL VEHICLE COURTS:

Recreational vehicle courts shall be permitted only in the zones in which uses are specifically permitted. All such courts shall be permitted subject to restrictions and conditions contained within the zone requirements and also as hereinafter set forth.
   A.   Intent: It is the intent of these recreational vehicle court provisions to provide safe, sanitary, and attractive facilities for the tourist to park a recreational vehicle while visiting the area. It is also the intent of these provisions to prevent the use of a recreational vehicle as a substandard mobile home and to project the integrity and characteristics of the zone or zones in which recreational vehicle courts are located.
   B.   Approval Of Plans And Documents Necessary: Any person wishing to construct a recreational vehicle court shall obtain from the planning and zoning administrator information pertaining to the city plan of land use, streets, public facilities, and other requirements affecting the land within the development. Before a permit can be issued for any construction connected with a recreational vehicle court, the preliminary plans, required documents pertaining to the development, and the final plan shall have been approved as hereinafter set forth.
   C.   Preliminary Plan And Documents: The preliminary plan and documents shall be prepared and submitted as follows: Three (3) copies of the preliminary plan must be submitted to the planning and zoning administrator at least two (2) weeks prior to the meeting of the planning and zoning commission at which the plan will be considered. The preliminary plan shall be drawn to the scale not smaller than one inch equals one hundred feet (1" = 100') or as recommended by the planning and zoning administrator, and shall show the following information:
      1.   Proposed road and recreational vehicle space layout.
      2.   Proposed reservation for parks, playgrounds, and other open space.
      3.   Proposed location for service facilities.
      4.   A generalized landscape plan.
      5.   Location of existing and proposed utility lines and easements, water and sewer lines, fire hydrants, storm drains and facilities, curbs, and other improvements.
      6.   Any other data that the planning and zoning commission may require.
      7.   Draft copies of proposed documents including statement of management policies, covenants and restrictions, and maintenance agreements.
   D.   Standards And Requirements:
      1.   Each recreational vehicle court shall be held in one ownership and shall contain at least one acre of land.
      2.   All recreational vehicle courts shall abut upon a collector or arterial street, as set forth in the major street plan of the city.
      3.   All recreational vehicles shall be set back at least twenty feet (20') from any public street.
      4.   The roadway systems shall provide convenient circulation through the recreational vehicle court and provide access to each recreational vehicle space. No recreational vehicle space will be permitted direct access to a public street, road, or highway, other than by means of the recreational vehicle court roadway system. All entrances and exits from the recreational vehicle court shall be by forward motion only. No exit or entrance from a recreational vehicle court shall be through a residential zone and no entrance or exit shall be located closer than fifty feet (50') to the intersection of two (2) streets.
      5.   All one-way roadways shall be at least twelve feet (12') in width and all two-way roadways at least twenty feet (20') in width, and all roadways shall be graded and graveled.
      6.   All areas within the court which are not hard surfaced, including the twenty foot (20') setback space, shall be landscaped and maintained with lawns, trees and shrubs designed to provide privacy and noise containment, and shall be equipped with adequate sprinkling devices as determined by the zoning administrator.
      7.   Each recreational vehicle space shall be at least twenty feet (20') in width and at least forty feet (40') in length.
      8.   All recreational vehicle spaces shall be served by an approved water system and sewage disposal system.
      9.   No recreational vehicle space shall be rented for a period of more than thirty (30) days, and no recreational vehicle shall be placed in a recreational vehicle court which exceeds eight feet (8') in width.
      10.   In addition to meeting the above requirements, all travel trailer courts shall conform to the requirements set forth in the "Code Of Camp, Trailer Court, Hotel, Motel And Resort Sanitation Requirements".
   E.   Documents: Same as required for mobile home parks.
   F.   Review And Approvals:
      1.   The planning and zoning commission shall review the plan to determine its compliance with any portion of the master plan that shall have been adopted by the planning and zoning commission. In considering approval of the development, the planning and zoning commission shall, among other things, make sure that such development will mesh harmoniously with the surrounding area, that it will not produce a volume of traffic beyond the capacity of the surrounding street system, that requirements for utilities, off street parking, traffic circulation and other public requirements will be adequately met and that the standards and intent of this section shall be adequately complied with.
      2.   The planning and zoning commission may require changes to be made in the plan. They may also require additional yards or buffers or other improvements to be installed along with greater amounts of landscaping or parking spaces. Said changes may be imposed as conditions of approval where it is determined by the planning and zoning commission that such changes are necessary to ensure that the development will mix harmoniously with adjoining or nearby uses.
      3.   An application for approval of a recreational vehicle court shall be granted or denied only after a public hearing by the planning and zoning commission. Notice of the hearing shall be given at least five (5) days prior to said hearing. If approved by the planning and zoning commission, the application, with the planning and zoning commission recommendations, shall be submitted to the city council for its approval. An application denied by the planning and zoning commission may be appealed to the city council ten (10) days after the denial is made by the planning and zoning commission. Approval of the preliminary plan shall be valid for a period of one year.
   G.   Final Site Plan:
      1.   Upon approval of the preliminary plan by the city council, the developer shall submit to the planning and zoning commission a final site plan of either the entire recreational vehicle court or the first stage of such development that is to be constructed. Such plan shall be drawn to scale and provide, in detail, the information required herein.
      2.   Copies of the final approved documents shall also be recorded in the office of the county recorder. No building permit shall be issued for said recreational vehicle court until final plans have been approved by the planning and zoning commission and the required documents recorded in the office of the county recorder, and also until the bond required herein has been properly posted.
   H.   Staged Construction Permitted: Development may be carried out in progressive stages, in which event each stage shall be so planned that the requirements and intent of this title shall be fully complied with at the completion of each stage. No final plan for the initial stage shall cover less than one acre.
   I.   Guarantee Of Performance: Same as is required for mobile home parks.
   J.   Continuing Obligation: Same as is required for mobile home parks.
   K.   License Required: Same as is required for mobile home parks.
(Ord. 199, 11-14-1983)