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Monticello City Zoning Code

CHAPTER 13

MOBILE HOME PARKS

10-13-1: INTENT:

The intent of this chapter is to promulgate minimum regulations which are designed to produce a healthy, safe and attractive living environment for the occupants of the mobile homes. (Ord. 2012-01, 7-10-2012)

10-13-2: REGULATIONS:

All mobile home parks hereafter constructed or enlarged within the city shall be located only in zones in which they are listed as a permitted use under the terms of zone A-1, and shall conform to this revised title. There will be no mobile home parks within four hundred fifty feet (450') of Main Street from 5th North to 5th South and within four hundred fifty feet (450') of Central Street from Main to 5th East. (Ord. 2013-5, 4-23-2013, eff. 4-23-2013)

10-13-3: APPROVAL OF PRELIMINARY PLANS:

Any person wishing to construct a mobile home park shall obtain, from the zoning administrator, 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, the preliminary plans, required documents pertaining to the development, and the final plan shall have been approved as hereinafter set forth. (Ord. 2012-01, 7-10-2012)

10-13-4: PLAN REQUIREMENTS:

   A   Submittal: Three (3) copies of the preliminary plan must be submitted to the zoning administrator at least two (2) weeks prior to the meeting of the city planning commission, at which time the plan will be considered.
   B   Information Required: The preliminary plan shall be drawn to scale (1 inch equals 30 feet) or larger, as recommended by the zoning administrator, and shall show the following information:
      1   The topography represented by contours shown at no greater intervals than five feet (5') when required by the planning commission;
      2   The proposed street and mobile home space layout;
      3   Proposed reservations for parks, playgrounds and open spaces;
      4   Size and character of recreation buildings and other structures associated with land and facilities to be used by the mobile home park occupants;
      5   Layout of typical mobile home spaces;
      6   Tabulations showing:
         a   Area of land within the mobile home park;
         b   Number of mobile homes provided for in a mobile home park;
         c   Percent of area to be devoted to parks and playgrounds; and
         d   Number of off street parking spaces;
      7   Proposed location of off street parking spaces;
      8   Proposed landscape planting plan, including type and location of plant materials;
      9   Location of existing and proposed utility lines and easements, water and sewer lines, fire hydrants and other improvements;
      10   Draft of proposed documents, including:
         a   Management policies and covenants; and
         b   Maintenance agreement. (Ord. 2012-01, 7-10-2012)

10-13-5: DEVELOPMENT STANDARDS:

The development of a mobile home park shall conform to the following regulations and standards:
   A   One Ownership: The area shall be in one ownership and the same shall not be subdivided.
   B   Preliminary Plan Preparation: The preliminary plan must be prepared by an engineer, land surveyor, architect or landscape architect licensed to practice in the state.
   C   Minimum Site Size: The minimum site size for a mobile home park shall be three (3) acres.
   D   Density: Mobile homes may be clustered and individual mobile home sites 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.
   E   Park And Play Space: Not less than fifteen percent (15%) of the gross area of the mobile home park shall be developed into a park and play space for common use of the occupants. Such park shall be located as near to the center of the mobile home park as good design will allow. Also, the land area not contained in a park, mobile home site, road or vehicular parking space shall be landscaped for the common use and enjoyment of the occupants of the mobile home park. 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 the area devoted to service facilities, shall not be construed as being part of the area required for parks and playgrounds.
   F   Front And Rear Yard: The front yard of all mobile homes shall be a minimum of twelve feet (12'). The rear yard and non-street side shall be a minimum of ten feet (10').
   G   Side Yard: No mobile home or add on shall be located closer than sixteen feet (16') from the nearest portion of any other mobile home or add on; provided, that when a carport is added to a mobile home, the side yard on the carport side shall be at least six feet (6') from the side lot line, or not less than ten feet (10') between structures, whichever is greater.
   H   Setback From Roadways; Landscaping: All mobile homes and add ons shall be set back at least fifteen feet (15') from all roadways. Also, a strip of land at least ten feet (10') wide surrounding the mobile home park shall be left unoccupied by mobile homes and shall be planted and maintained in lawn, shrubs or trees designed to afford privacy to the development.
   I   Driveway Access: All mobile homes must have their driveway access from a street within a mobile home park.
   J   Setback From City Street; Landscaping: All mobile homes shall be located at least twenty feet (20') back from any property line and at least seventy percent (70%) of the resulting setback space shall be landscaped.
   K   Storage And Receptacles; Compatibility: 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 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 as to design and construction with the mobile home and with the service buildings as approved by the zoning administrator.
   L   Roadway Construction: All roadways shall be constructed as follows:
      1   Base, six inches (6"); gravel - one inch (1") minus, three inches (3"); asphalt, two inches (2");
      2   For one-way with no parking, sixteen feet (16') in width, plus extra width as necessary for maneuvering mobile homes;
      3   For two-way with no parking, twenty four feet (24') in width;
Minimum standards may be increased or altered as deemed necessary by the planning commission.
   M   Entrances: 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.
   N   Access: 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. Paving the accessway shall not be required. Use of planks, steel mats, or other means during placement of a mobile home shall be allowed as long as the same are removed immediately after placement of the mobile home.
   O   Off Street Parking: Off street parking shall be provided at the rate of two (2) parking spaces per mobile home space contained within the mobile home park, and shall be contained within each mobile home space served.
   P   Street Lighting: Street lighting will be as required by the designated planning commission.
   Q   Mobile Home Stand: The mobile home stand must be constructed so that the frame of the mobile home will not be more than thirty six inches (36") above the adjacent ground.
   R   Skirting: All mobile homes must be skirted from floor to grade on all sides.
   S   Water, Sewage And Solid Waste: All mobile homes shall be served by a water system, a sewage disposal system, and solid waste disposal facilities which have been approved by the state health department.
   T   Additional Requirements: In addition to meeting the above requirements and conforming to all other laws of the city, all mobile home parks shall also conform to requirements set forth in the mobile home park sanitation regulations adopted by the Utah state board of health in 1992, and to the fire code adopted by the city.
   U   Laundry Facilities: Mobile home parks may include a launderette for convenience of the occupants of the park, but not for the general public.
   V   Landscaped Areas; Irrigation: All landscaped areas shall be provided with permanent sprinkler irrigation systems as approved by the building inspector.
   W   Progressive Development: Development may be carried out in progressive stages, in which event each stage shall be so planned that the requirements and intent of this chapter shall be complied with at the completion of each stage. No final plan for the initial stage shall cover less than three (3) acres.
   X   Landscaping; Maintenance: It shall be the developer's responsibility to assure that each designated lot is landscaped and maintained. (Ord. 2012-01, 7-10-2012)

10-13-6: DOCUMENTATION REQUIRED:

Documents shall also be submitted with the preliminary plan consisting of:
   A   Declaration Of Policies, Covenants And Restrictions: A declaration of management policies, covenants and restrictions. Such documents shall set forth, among other things:
      1   The responsibilities and duties of the renters or occupants relating to the maintenance of premises and other conditions of occupancy; and
      2   An assertion that the park and play space for the common use of the occupants will be protected against building development, except for that which is consistent with landscaped open space.
The purpose of this document is to facilitate proper maintenance of the mobile home park.
   B   Agreement: An agreement between the developers and the city stating, among other things:
      1   That the developer will construct the project in accordance with approved plans;
      2   That, in the event of failure or neglect on the part of the owners, successors or assigns to enforce the provisions of the declaration of management policies, covenants and restrictions as approved by the city council, or to maintain the common areas, landscaping and other improvements in a condition comparable to the maintenance performed in city parks, the city may perform the necessary work and for the purpose may enter in upon the land and do such work and charge the cost thereof, including reasonable attorney fees, against the owners or their successors or assigns;
      3   That the owners, successors or assigns will agree to reimburse the city for all work and expenses incurred in the enforcement of this agreement, including reasonable attorney fees; and
      4   That the agreement shall be binding upon the heirs, assigns, receivers, successors of the project for the life of the project. (Ord. 2012-01, 7-10-2012)

10-13-7: 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 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 as provided by chapter 11 of title 10, Utah Code Annotated, as amended. (Ord. 2012-01, 7-10-2012)

10-13-8: REVIEW AND APPROVAL OF PLAN:

   A   Planning Commission; Considerations: The planning commission shall review the plan and proposed documents to determine compliance with all portions of the city's master plan. In considering such 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 area. The planning 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. Such changes may be imposed as conditions of approval where it is determined by the city council that such changes are necessary to ensure that the development will mix harmoniously with adjoining or nearby uses.
   B   City Engineer: The preliminary plan, together with all pertinent information, shall be sent to the designated city engineer and any other pertinent city departments for their approval. Such approvals, together with any comments and/or recommendations, shall be returned to the planning commission.
   C   Recommendation Of Planning Commission: After receiving all recommendations, the planning commission shall review the mobile home park preliminary plan and make recommendation to the city council for approval, modification and approval, or denial.
   D   Submittal To City Council; Time Limitation: The planning commission shall submit their recommendation on the mobile home park to the city council for its consideration within thirty (30) days after receipt of all recommendations unless an agreement is reached by the applicant and the planning commission to table the matter until the next regular decision making meeting of the planning commission. Failure of the planning commission to submit its recommendation within thirty (30) days or to table the matter shall be deemed a recommended approval of such commission of the proposed mobile home park.
   E   Public Meeting: The city council at a public meeting, after fifteen (15) days notice, may approve, modify and approve, or deny the mobile home park.
   F   Acceptance By City Council: Upon acceptance of the mobile home park by the city council, the final plat bearing official signatures of the designated city engineer, city council, city planning commission, city attorney, and also signed by a licensed land surveyor, shall be deposited in the office of the county recorder for recording at the expense of the mobile home park applicant. (Ord. 2012-01, 7-10-2012)

10-13-9: FINAL SITE PLAN:

   A   Submittal To Planning Commission: 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.
   B   Preparation; Information Required: The final site plan must be prepared by an engineer, land surveyor, architect, or landscape architect licensed to practice in the state. Such final site plan shall show the information contained on the approved preliminary plan along with a place for the approving signatures of the designated city engineer, city council, city planning commission, city attorney, and a licensed land surveyor.
   C   Recordation: Copies of the final approved documents shall also be recorded in the office of the county recorder. No building permit shall be issued for such mobile home park until final plans have been approved by the city council and the required documents have been recorded in the office of the county recorder and until the bond required under this chapter has been properly posted. (Ord. 2012-01, 7-10-2012)

10-13-10: OPERATIONAL REQUIREMENTS:

   A   Occupancy: No mobile home space shall be occupied until all improvements which are required under this chapter, or which are shown on the final plat, shall have been constructed; provided, however, that occupancy of individual spaces prior to completion of all required improvements may be temporarily permitted for a period not to exceed ninety (90) days from the date of the approval of the mobile home park by the city council; provided further, that:
      1   Plan, Declaration And Agreement Submitted: The final site plan, the declaration of management policies, covenants and restrictions, and the agreement required under this chapter shall have been submitted to the planning commission and city council and approved;
      2   Water, Sewer And Utility Systems: All lots to be occupied are served with approved water, sewer and utility systems, and all roads are graded and graveled, and required surface drainage improvements constructed;
      3   Bond; Guarantee: A bond, mortgage or other guarantee, sufficient in amount to cover the cost of the remaining required improvements, shall have been received by the city. Such remaining required improvements shall include hard surfacing of streets and parking spaces, landscaping of all mobile home sites and common areas, installation of lighting, construction of auxiliary storage area and any other required improvements as shown on the final plan.
         a   The duration of the bond or other assurance shall be for one year 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, that such application is submitted at least sixty (60) days prior to the expiration of the bond or other assurance; and provided, that the issuer of the bond is willing to extend the time of the assurance.
         b   In the event that the developer defaults or fails or neglects to satisfactorily install the required improvements within one year from the date of approval of the development by the city council, the city council may declare the bond or other assurance forfeited and the city 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.
         c   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 building inspector shall make a preliminary inspection of the improvements and shall submit a report to the city council setting forth the conditions of such facilities. If the conditions of such facilities are found to be satisfactory, the city council shall release the bond or other assurance. If the conditions of material or workmanship show unusual depreciation or do not comply with the acceptable standards of durability, the city council may declare the developer in default.
      4   License; Temporary Occupancy: A license permitting temporary occupancy has been issued by the city council.
   B   Business License Required: Prerequisite to the occupancy of any mobile home park shall be the obtaining of an annual business license which shall be issued only after inspection by the building inspector. It is unlawful to operate a mobile home park without first obtaining a business license, and such 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.
   C   Occupancy Lease: Occupancy shall be by written lease, which lease shall be made available to the officials of the city upon demand. The terms of such lease shall be consistent with the declaration of management policies, covenants and restrictions, as required by this chapter.
   D   Minimum Rental Period: No mobile home space shall be rented for a period of less than thirty (30) days. (Ord. 2012-01, 7-10-2012)

10-13-11: STORAGE OF JUNK, DEBRIS, OR UNLICENSED INOPERABLE VEHICLES PROHIBITED:

No yard or other open space surrounding an existing building in any zone, or which is hereafter provided around any building in any zone, shall be used for the storage of junk, debris or inoperable vehicles; and no land shall be used for such purposes, except as specifically provided by this title. Storage of restorable vehicles may be permitted for a limited time, on a case by case basis, at the discretion of the zoning administrator. (Ord. 2012-01, 7-10-2012)