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Monticello City Zoning Code

CHAPTER 17

TINY HOME PARKS

10-17-1: INTENT:

   A.   The tiny home park is intended to increase housing density on the property enclosed by the tiny home park exterior boundary.
   B.   The intent of this chapter is to promote the health, safety, convenience and general welfare of the present and future inhabitants of the tiny home park. (Ord. 2024-7, 1-28-2025)

10-17-2: GENERAL REQUIREMENTS AND LIMITATIONS:

   A.   Tiny home is the same as that defined in 10-1-4 of the city code.
   B.   All tiny home parks hereafter constructed within the city shall be located only in zones Commercial and R-2 Residential.
   C.   Accessory Dwelling Units shall not be permitted within the tiny home park.
   D.   Garages shall not be permitted within the tiny home park. As used in this title, garage means a permanent structure on a foundation, with side and end walls, and a roof.
   E.   Preservation Of Land: Trees, native land cover, natural watercourses, and topography shall be preserved when possible, and the tiny home park shall be so designed as to prevent excessive grading and scarring of the landscape in concordance with the provision of this title.
   F.   In addition to meeting the requirements of this section and conforming to all other laws of the city, all tiny home parks shall also conform to building, electrical, plumbing, and fire codes adopted by the city.
   G.   Cost of improvements which are required under the provisions of this title, as well as the cost of other improvements which the developer may install, shall be at the expense of the developer.
   H.   No tiny home space or tiny home unit shall be rented for a period of less than thirty (30) days. (Ord. 2024-7, 1-28-2025)

10-17-3: DEVELOPMENT STANDARDS:

   A.   The development of a tiny home park shall conform to the following regulations and standards:
      1.   The area to be developed as a tiny home park shall be in one ownership and the same shall not be subdivided.
      2.   The minimum number of tiny home spaces within the park shall be three (3) and development of additional spaces within the park shall be the number necessary to occupy at least sixty percent (60%) of the entire tiny home park land area.
      3.   The preliminary plat required by this chapter must be prepared by an engineer, land surveyor, architect or landscape architect licensed to practice in the state.
      4.   The minimum site size for a tiny home park shall be two-thousand seven hundred (2,700) square feet per tiny home space.
      5.   The tiny home park shall include:
         a.   A common area not less than ten by thirty feet (10' x 30') in size for the use and enjoyment of tiny home park residents;
         b.   A common parking area for use by guests of tiny home park residents;
            (1)   The number of parking spaces shall be one per tiny home park unit; and
            (2)   Parking spaces size shall conform with 10-2-1, Off Street Parking Requirements, of city code; and
            (3)   Surface of the parking area may be gravel, concrete, or asphalt; and
            (4)   Common parking area shall not be used for storage of trailers, vehicles, or other items owned by a resident of the tiny home park.
         c.   Residential off street parking shall be provided at the rate of two (2) parking spaces per tiny home and
            (1)   Shall be contained within each tiny home space served; and
            (2)   Shall be for the use of the tiny home resident(s) of that space; and
            (3)   Shall be at least eighteen by eighteen feet (18' x 18') in size and shall be surfaced with gravel, concrete, or asphalt.
      6.   All tiny homes must have their driveway access from a street within the tiny home park and not from a public street exterior to the tiny home park.
      7.   Setback requirements for placement of tiny homes within the tiny home park:
         a.   Rear setback shall be ten feet (10') from the tiny home park rear lot line;
         b.   Side setback shall be a minimum of ten feet (10') from the closest neighboring tiny home;
         c.   Front setback shall be twenty feet (20') from the edge of the internal access road for the tiny home park
      8.   Accessory Buildings; Compatibility:
         a.   Any accessory building used to provide service within the tiny home park shall not exceed six hundred (600) square feet, except one service building may be combined with another service building on a single foundation of eight hundred (800) square feet;
         b.   Other accessory buildings including carports may not exceed two hundred (200) square feet in size.
         c.   All patios, carports and other accessory buildings must be of compatible design and construction to the tiny homes, and meet setback requirements as specified in this code.
         d.   As used in this section carport means a detached structure without a permanent foundation and which has no enclosed end or side walls.
      9.   Any street within the park shall be constructed to the standards specified in Title 7 Public Ways and Property of city code.
      10.   There shall be no more than two (2) entrances from the tiny home park into any one public street, and the 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.
      11.   A utility easement shall be reserved to the city across the public street frontage of the tiny home park, said easement to extend at least fifteen feet (15') back of curb or in the absence of a curb, back of pavement.
         a.   A city issued trash receptacle for use of all residents in the park shall be placed in the easement in accordance with city code; and
         b.   All water meters for each individual tiny home space within the park shall be placed within the easement in accordance with city code.
      12.   Street lights shall be required within the park at all street intersections.
      13.   Tiny home units shall be placed on a permanent foundation that complies with city building code.
      14.   Water, Sewage And Solid Waste:
         a.   The tiny home shall be served by municipal water, sewage, and sewer disposal facilities in conformance with Title 8 of city code.
         b.   The tiny home park shall be served by municipal solid waste collection in conformance with Title 4 of city code.
      15.   Placement of each tiny home by means of an accessway reserved for maneuvering tiny homes into position is allowed and shall be kept free from trees and other immovable obstructions.
         a.   Paving the accessway shall not be required.
         b.   Use of planks, steel mats, or other means during placement of a tiny home shall be allowed as long as the same are removed immediately after placement of the tiny home.
      16.   Laundry Facilities: Tiny home parks may include a service building equipped as laundromat for convenience of the occupants of the park, but not use by the general public.
      17.   Landscaped Areas shall conform to Title 10-2-18 of city code
      18.   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 plat for the initial stage shall cover less than sixty percent (60%) of the park area.
      19.   Landscaping; Maintenance: It shall be the developer's responsibility to assure that each designated space is landscaped and maintained and that the park and playground within the tiny home park is landscaped and maintained. (Ord. 2024-7, 1-28-2025)

10-17-4: PRELIMINARY PLAT REQUIRED:

   A.   Any person wishing to construct a tiny 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.
   B.   Review and approval of the preliminary plat is required prior to:
      1.   Any excavation or construction activity within the proposed tiny home park; and
      2.   The sale, lease, or rent of any tiny home; or
      3.   The lease or rent of any tiny home space within the park.
   C.   Content Of Preliminary Plat: The preliminary plat shall be drawn to scale (1 inch equals thirty feet (30')) or larger and shall show the following information:
      1.   The topography represented by contours shown at no greater intervals than five feet (5');
      2.   The proposed access street(s) within the tiny home park;
      3.   Layout of tiny home spaces within the park;
         a.   Tiny homes may be clustered and individual tiny home spaces may be reduced below that required for tiny home dwellings within the zone in which the development is located when necessary to meet requirements for common area and guest parking.
      4.   Proposed location of the common area;
      5.   Number of off street parking spaces for use by visitors;
      6.   Size and character of recreation buildings and other structures associated with land and facilities to be used by the tiny home park occupants;
      7.   Proposed location of the common area;
      8.   Tabulations showing:
         a.   Area of land within the tiny home park;
         b.   Number of tiny homes provided for in the tiny home park;
         c.   Percent of area to be devoted to parks and playgrounds;
      9.   Proposed landscape planting plan, including type and location of plant materials;
      10.   Location of existing and proposed utility lines and easements, water and sewer lines, fire hydrants and other improvements within and immediately adjacent to the park;
      11.   Draft of proposed documents, including:
         a.   Management policies and covenants; and
         b.   Maintenance agreement.
   D.   Three (3) copies of the preliminary plan must be submitted to the zoning administrator at least four (4) weeks prior to the meeting of the city planning commission, at which time the plan will be considered. (Ord. 2024-7, 1-28-2025)

10-17-5: DOCUMENTATION REQUIRED:

   A.   To facilitate proper maintenance of the tiny home park documents shall also be submitted with the preliminary plat consisting of:
      1.   Declaration Of Policies, Covenants And Restrictions: A declaration of management policies, covenants and restrictions. Such documents shall set forth, among other things:
         a.   The responsibilities and duties of the renters or occupants relating to the maintenance of premises and other conditions of occupancy; and
         b.   An assertion that the park and play space for the common use of the occupants will be protected against building development.
   B.   Declaration Of Management Policies: An agreement between the developers and the city stating, among other things:
      1.   The developer will construct the project in accordance with approved plans;
      2.   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, 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.   The agreement shall be binding upon the heirs, assigns, receivers, successors of the project for the life of the project.
         a.   Any failure on the part of the developer or his assigns to maintain the tiny 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
         b.   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. 2024-7, 1-28-2025)

10-17-6: REVIEW AND APPROVAL OF PRELIMINARY PLAT AND DOCUMENTATION:

   A.   Planning Commission Considerations: The planning commission shall review the preliminary plat and proposed documents to determine compliance with all portions of the city's general plan.
      1.   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.
      2.   The planning commission may require changes to be made in the preliminary plat and documentation.
      3.   The planning commission may require additional yards or buffers or other improvements to be installed along with greater amounts of landscaping or parking spaces.
   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 tiny home park preliminary plat and documentation 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 tiny home park to the city council for its consideration within thirty (30) days after receipt of all recommendations unless
      1.   An agreement is reached by the applicant and the planning commission to table the matter until the next regularly scheduled meeting of the planning commission.
      2.   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 the proposed tiny home park.
   E.   The city council at a regularly scheduled and noticed public meeting may approve, modify and approve, or deny the preliminary plat and documents for the tiny home park. (Ord. 2024-7, 1-28-2025)

10-17-7: APPROVAL OF FINAL PLAT AND DOCUMENTATION:

   A.   Submittal To Planning Commission: Upon approval of the preliminary plat and documentation by the city council, the developer shall submit to the planning commission a final site plat of either the entire tiny home park or the first stage of such development that is to be constructed, and the required documentation.
   B.   The final plat must be prepared by an engineer, land surveyor, architect, or landscape architect licensed to practice in the state. Such final site plat shall show the information contained on the approved preliminary plat along with a place for the approving signatures of the designated city engineer, city mayor, city planning commission chairperson, city attorney, licensed land surveyor, city recorder, city public works director, and city planning and zoning administrator.
   C.   Recordation Of Final Plat:
      1.   Following city council approval of the final plat, the subdivider shall:
         a.   Present to the county recorder the final mylar plat, bearing all required signatures, and pay all recording fees; or
         b.   Present to the county recorder the final plat in electronic format as required at Utah Code Title 17, Chapter 21a, Uniform Real Property Electronic Recording Act, and pay all recording fees.
      2.   The subdivider shall file with the city recorder:
         a.   One paper copy of the signed final plat bearing the county recorder's stamp; and
         b.   A copy of the final plat in electronic format as required at Utah code Title 17 Chapter 21a Uniform Real Property Electronic Recording Act and city code 11-2-4G.
      3.   The city council approval of the final plat shall be void if the final plat is not recorded within one year after the date of approval, unless application for an extension of time is made in writing to the planning commission and granted during the one year period. (Ord. 2024-7, 1-28-2025)

10-17-8: OPERATIONAL REQUIREMENTS:

   A.   An improvement completion assurance shall be required in an amount equal to value of improvements:
      1.   In lieu of the completion of the required improvements within two (2) years from the date of final approval, the developer shall provide an improvement completion assurance in an amount equal to one hundred percent (100%) of the value of the improvements required by this section as estimated by the city engineer.
      2.   The city may not require an applicant to post an improvement completion assurance for:
         a.   Public landscaping improvements or an infrastructure improvement that the city has previously inspected and accepted;
         b.   Infrastructure improvements that are private and not essential or required to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation;
         c.   Landscaping improvements that are not public landscaping improvements, unless the landscaping improvements and completion assurance are required under the terms of a development agreement.
      3.   An improvement completion assurance shall be required, either in the form of:
         a.   A corporate or property bond, the conditions of which must be approved by the city attorney; or
         b.   Cash.
   B.   Business License Required: Following a final inspection of the tiny home park by the building inspector, the owner of the park and the operator of the park (if different from the owner) shall apply for a city business license.
      1.   It is unlawful to operate a tiny home park without first obtaining a business license; and
      2.   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.   No tiny home space shall be occupied until all improvements required under this chapter, or which are shown on the final plat, shall have been constructed.
   D.   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. (Ord. 2024-7, 1-28-2025)

10-17-9: STORAGE OF JUNK, DEBRIS, OR UNLICENSED INOPERABLE VEHICLES PROHIBITED:

   A.   No yard or other open space surrounding an existing tiny home space within the tiny home park or which is hereafter provided around any tiny home within the park, shall be used for the storage of junk, debris or inoperable vehicles.
   B.   No land within the tiny home park shall be used for the storage of junk, debris or inoperable vehicles. (Ord. 2024-7, 1-28-2025)