Helper City Zoning Code
CHAPTER 18
105 MOBILE HOME PARKS AND RECREATIONAL VEHICLE COURTS
§ 18.105.010 Purpose.
The purpose of this chapter is to establish minimum standards and procedures for the construction and maintenance of such developments so that the quality of the living environment will be maintained.
The following developments shall be permitted in the R3-A and I-1 zones as conditional uses with the following review criteria:
(Code 1988 § 11-10.1; Ord. 2010-5)
§ 18.105.020 Standards of review – Approval of plans and documents required.
Any person wishing to construct a mobile home park or recreational vehicle court shall obtain, from the city recorder, information pertaining to the city's 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 or recreational vehicle court, the preliminary plans, required documents pertaining to the development, and the final plan shall have been approved as hereinafter set forth.
(Code 1988 § 11-10.2(A); Ord. 2010-5)
§ 18.105.030 Standards of review – Preliminary plans and documents.
Two copies of the preliminary plan must be submitted by the developer to the city recorder at least two weeks prior to the meeting of the planning commission at which the plan will be considered.
The preliminary plan shall be drawn to a scale not smaller than one inch equals 100 feet and shall include the following information:
A.
The topography represented by contours shown at no greater intervals than five feet; however, two-foot intervals may be necessary when required by the planning commission;
B.
The proposed street and manufactured 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.
Layouts of typical mobile home spaces;
G.
Proposed location of off-street parking spaces;
H.
Proposed landscape planting including type and location of plant materials;
I.
Locations of existing and proposed utility lines and easements, water and sewer lines, fire hydrants, storm drains and facilities, curbs, gutters, sidewalks and other improvements;
K.
Any other data related to the project that the planning commission may require after their first meeting on the project.
(Code 1988 § 11-10.2(B); Ord. 2010-5)
§ 18.105.040 Standards of review – Documents.
The following documents shall be submitted with the preliminary plan:
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; and
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 area, landscaping and other improvements in good condition, the city may perform the necessary work and for that purpose may enter upon the land and do said work and charge the cost thereof, including reasonable attorney's fees, against the owners or 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, and successors of the project for the life of the buildings or project; and
4.
Any other conditions that the planning commission deems to be reasonably necessary to carry out the intent of this title.
(Code 1988 § 11-10.2(C); Ord. 2010-5)
§ 18.105.050 Standards and requirements – Mobile home parks.
All mobile home parks constructed in accordance with the provisions of this chapter shall satisfy the following standards and requirements:
A.
The area shall be in one ownership and shall remain in one ownership and may not be subdivided;
B.
The final plan must be prepared by an engineer, architect, or landscape architect licensed to practice in the state of Utah;
C.
The minimum initial site size for a mobile home park shall be two acres;
D.
The mobile homes may be clustered and individual mobile home site sizes may be reduced below that required for a single-family dwelling 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 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;
F.
No less than 10 percent 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 are 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 15 feet from the nearest portion of any other mobile home. Side yards on the carport side shall be at least six feet from the side lot line, or not less than 12 feet between structures, whichever is greater. All mobile homes and additions thereto shall be set back at least five feet from all roadways;
H.
Areas not covered by mobile homes, buildings, parking spaces, driveways or roads shall be planted in lawn, trees, and shrubs or otherwise landscaped as may be approved by the planning commission, within two years from date of final approval of the mobile home park;
I.
All construction and required street 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 wide surrounding the mobile home park shall be left unoccupied by mobile homes and shall be landscaped and designed to afford privacy to the development;
K.
All community 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 to the mobile homes and to any service buildings within the mobile home park; all patios, garages, carports, and other add-ons must also be compatible to design and construction with the mobile home and with the service buildings as approved by the planning 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 roads with no parking: 15 feet in width, plus extra width as necessary for maneuvering mobile homes;
2.
For two-way roads with no parking: 24 feet in width; and
3.
For entrance streets: minimum of 36 feet in width. All streets shall be constructed so as to provide adequate drainage of surface water and shall be graded and hard-surfaced to produce an all-weather roadway;
N.
There shall be no more than two entrances from the mobile home park into any one street, which entrances shall be no closer than 25 feet from each other, nor closer than 70 feet to the corner of an intersection;
O.
Access shall be provided to each mobile home stand by means of an access way reserved for maneuvering mobile homes into position and shall be kept free from trees and other immovable obstructions;
P.
Off-street parking shall be provided at the rate of two parking spaces per mobile home space contained within the mobile home park. In no case shall the parking space be located greater than 100 feet away from the mobile home space it is designed to serve, except that one-fourth of the required parking spaces may be located not more than 300 feet away from the mobile home spaces they are 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 federal Manufactured Home Construction and Safety Standards, as published by the U.S. Department of Housing and Urban Development, and to the city's fire prevention code. In the event of any conflict between said regulation or codes and this chapter, this chapter shall take precedence;
R.
Mobile home parks containing not less than 25 mobile homes may include a launderette for convenience of the occupants of the park but not for use by the general public;
S.
All mobile homes shall be located at least 30 feet back from any public street and the resulting yards must be landscaped except for driveways;
T.
An area of at least 100 square feet for each mobile home space contained within the park shall be provided for the storage of boats, trailers, and campers. Said recreational vehicle storage area shall be enclosed with a sight-obscuring fence of not less than six feet nor more than eight feet in height; and
U.
All mobile home parks with streets and sides facing any public street must be fenced with a sight-obscuring fence at least five feet high and no more than eight feet high.
(Code 1988 § 11-10.2(D); Ord. 2010-5)
§ 18.105.060 Standards and requirements – Recreational vehicle parks.
All recreational vehicle parks shall be constructed in accordance with the provisions of this chapter and shall satisfy the following standards and requirements:
A.
Each recreational vehicle court shall be held in one ownership and shall contain at least one acre of land;
B.
All recreational vehicle courts shall abut upon a collector or arterial street, as set forth in the major street plan of the city;
C.
All recreational vehicles shall be set back at least 20 feet from any public street;
D.
The roadway system 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 50 feet to the intersection of two streets;
E.
All one-way roadways shall be at least 12 feet in width and all two-way roadways at least 20 feet in width and all roadways shall be graded and graveled;
F.
All areas within the court which are not hard-surfaced or graveled, including the setback space, shall be landscaped, maintained and designed to provide privacy and noise containment and shall be equipped with adequate sprinkling devices as determined by the building inspector;
G.
Each recreational vehicle space shall be at least 20 feet in width and at least 40 feet in length;
H.
All recreational vehicle spaces shall be rented for a period of not more than 90 days and no recreational vehicle shall be placed in a recreational vehicle court which exceeds eight and one-half feet in width, excluding the tip-out; and
I.
In addition to meeting the above requirements all recreational vehicle courts shall conform to the requirements set forth in the NFPA 1194 Standard for Recreational Vehicle Parks and Campgrounds, as published by the American National Standards Institute, and any successor provision thereto.
(Code 1988 § 11-10.2(E); Ord. 2010-5)
§ 18.105.070 Review and approval.
The planning commission shall review the plan and proposed documents to determine compliance with all portions of the city's master plan.
In considering said plan, the planning 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 commission may require changes to be made in the plan in accordance with this code. The planning commission 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 commission that such changes are reasonably necessary to ensure that the development will mix harmoniously with adjoining or nearby uses.
An application for approval of a manufactured home park or a recreational vehicle court shall be granted or denied only after a public hearing by the planning commission.
(Code 1988 § 11-10.2(F); Ord. 2010-5)
§ 18.105.080 Final site plan.
Upon approval of the preliminary plans by the planning commission, the developer shall submit to the planning commission a final site plan for either the entire project 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 in HMC § 18.105.030 and § 18.105.040.
Copies of the final approved documents shall also be recorded in the office of the Carbon County recorder. No building permit shall be issued for said manufactured home park or a recreational vehicle court until final plans have been approved by the city council and the required documents recorded in the office of the county recorder, and also until a performance bond as prescribed by city code has been properly posted.
(Code 1988 § 11-10.2(G); Ord. 2010-5)
§ 18.105.090 As-constructed plans required.
As-constructed plans showing the location, size, grade and depth of all water and sewer mains, valves, manholes, and other subsurface utility and service lines and facilities shall be required prior to the release of performance guarantees. Also, the location of required survey monuments shall be submitted and approved by Helper City public works and/or Price River Water Improvement District (PRWID) before required performance guarantees are released.
(Code 1988 § 11-10.2(H); Ord. 2010-5)
§ 18.105.100 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 two acres for mobile home parks and no less than one acre for recreational vehicle courts.
(Code 1988 § 11-10.2(I); Ord. 2010-5)
§ 18.105.110 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, and 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 that, 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's fees to the owners as provided by state law and city ordinances.
(Code 1988 § 11-10.2(J); Ord. 2010-5)
§ 18.105.120 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 providing landscaped open space for the aesthetic and recreational satisfaction of the residents. Buildings or uses for 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 commission.
(Code 1988 § 11-10.2(K); Ord. 2010-5)
§ 18.105.130 License required.
Prerequisite to the operation of any mobile home park or a recreational vehicle court shall be the acquisition of an annual license, which shall be issued only after inspection by a member of the planning commission. It shall be unlawful to operate a mobile home park or a recreational vehicle court without first obtaining a license. 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 herein set forth.
(Code 1988 § 11-10.2(L); Ord. 2010-5)
§ 18.105.140 Temporary use of recreational vehicles or mobile homes.
It shall be unlawful to place a recreational vehicle or mobile home on any lot not subject to a permitted recreational vehicle court for the purpose of using the same for human habitation, except when such use is of a temporary nature not to exceed 14 days within a six-month period.
A violation of this provision shall be a Class B misdemeanor, and each additional day of noncompliance shall constitute a separate offense.
(Code 1988 § 11-10.2(M); Ord. 2013-3)