Nephi City Zoning Code

No mobile home park may be constructed or operated, except in compliance with the standards contained in this chapter and all other applicable provisions of this title. Mobile home parks shall not be allowed in any district, unless such use is specifically listed as an allowed or conditional use in that district. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

The purpose of these regulations is to:

1. Permit development of facilities for recreational vehicles in appropriate districts within the city.
2. Assure that mobile home development and recreational vehicle accommodations in the city will be of such character as to promote the objectives and purposes of this title, to protect the integrity and characteristics of the districts contiguous to those in which mobile home parks and recreation vehicle parks are located, and to protect other use values contiguous to or near mobile home park and recreational vehicle park uses.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Campers, trailers and motor homes are considered recreational vehicles for the purposes of this chapter. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Location And Use:
2. No "mobile home", as defined in section 10-2-2 of this title, shall be located, placed, used or occupied in the city, except within approved mobile home parks, mobile home sales lots or mobile home subdivisions.
3. Areas for mobile home parks shall generally be located adjacent to or in close proximity to an arterial or collector street and near adequate shopping facilities.
4. A portion of a mobile home park in a generally commercial area may be used as a recreational vehicle park, providing all applicable requirements of this title for that district and all other applicable requirements of this title are met.
5. Requirements For Approval: Mobile home parks may not be constructed unless first approved by the planning commission after review of plans for said mobile home park which satisfy the commission that the proposed development will:
6. Be in keeping with the general character of the zone district within which the proposed development will be located.
7. Be located on a parcel of land containing not less than two (2) acres.
8. Have at least ten (10) spaces completed and ready for occupancy before first occupancy is permitted.
9. Meet all standards and requirements of this title and all other requirements of applicable ordinances of the city, except where such requirements are modified by approval of a planned unit development plan.
10. Have the written approval of the state board of health.
11. Application: An overall plan for development of a mobile home park shall be submitted to the planning commission for site plan review, chapter 17 of this title. The plan shall be drawn to a scale no smaller than one inch equals thirty feet (1" = 30'). At least six (6) hard copies of the plan and one electronic file, in AutoCAD© or DXF format, shall be submitted. The plan shall show the following, in addition to that required for site plan review:
12. The topography of the site represented by contours, shown at not greater intervals than two feet (2') when required by the planning commission;
13. The proposed street and mobile home space layout;
14. Proposed reservations for parks, playgrounds and open spaces;
15. Tabulations showing percent of area to be devoted to parks, playgrounds and open space, percent to mobile homes, and total area to be developed;
16. Proposed location of parking spaces;
17. Generalized landscaping and utility plan, including location of water, electricity and gas lines, and fire hydrants;
18. Any other data that the planning commission may require.
19. Standards And Requirements: Approval of a mobile home park shall be subject to the following conditions and regulations, and any additional conditions imposed by the planning commission or legislative body:
20. The area shall be in one ownership, or if in several ownerships, the application for approval of the development shall be filed jointly by all the owners of the property included in the plan.
21. The plans for a mobile home park shall be prepared by such qualified persons and with such additional plans as the planning commission may require.
22. The number of mobile homes shall be limited to eight (8) units per acre. The mobile homes may be clustered; provided, that the total number of units does not exceed the number permitted on one acre multiplied by the number of acres in the development. The remaining land 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 occupants of the development and visitors thereto.
23. Not less than fifteen percent (15%) of the gross land area shall be set aside for the joint use of occupants. The land covered by vehicular roadways, sidewalks and off street parking shall not be construed as part of the area required for parks and playgrounds.
24. 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. All mobile homes and add-ons shall be set back at least ten feet (10') from road curbs or walks. If the tongue of the mobile home remains attached, it shall be set back a minimum of six feet (6') from the road curbs or walks.
25. All areas not covered by mobile homes, hard surfacing or buildings shall be landscaped as approved by the city, and such landscaping shall be permanently maintained.
26. All off street parking spaces and driveways shall be hard surfaced before the adjacent mobile home spaces may be occupied.
27. Within forty five (45) days of occupancy, each mobile home shall be skirted, or shields may be used providing they are fireproof and well painted or otherwise preserved.
28. A strip of land at least five feet (5') wide surrounding the entire 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.
29. All storage and solid waste receptacles outside the confines of any 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 development. The service buildings shall be constructed to standard commercial practice and kept in good repair as approved by the building inspector.
30. No mobile home space shall be rented for a period of less than thirty (30) days, and occupancy shall be by written lease.
31. The roadways shall be of adequate width to accommodate anticipated traffic, but not less than the following unless modified by an approved planned unit development plan:
32. For one-way traffic: Fifteen feet (15') in width, plus extra width as necessary for maneuvering mobile homes.
33. For two-way traffic: Thirty feet (30') in width.
34. Each mobile home park must have two (2) accesses to public streets as a minimum.
35.  There shall be standard street lighting on all dedicated streets.
36. Storm drainage facilities shall be so constructed as to protect residents of the development as well as adjacent property owners. Such facilities shall be of sufficient capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.
37. In addition to meeting the above requirements and conforming to the other laws of the city, all mobile home parks shall also conform to the fire code and to requirements adopted by the state board of health.
38. Storm drainage facilities shall be so constructed as to protect those who will reside in the park as well as adjacent property owners by ensuring rapid drainage and preventing accumulation of pools of water. A grading and drainage plan, including primary on site drainage water containment such as a sump, shall be submitted to the planning commission. Primary on site containment shall accommodate a 25-year rainstorm of one hour duration.
39. Premises: The premises on which any mobile home is located, used or occupied shall be maintained in a clean, orderly and sanitary condition. The accumulation of any rubbish, waste, weeds or other unsightly material thereon shall constitute a nuisance and a violation of this title, for which the legislative body may direct removal of the mobile home from the premises.
40. Utilities: Every mobile home park shall provide utility service to every mobile home stand or lot as required by city ordinances and as required by the planning commission.
41. Guarantees: For mobile home parks, adequate and reasonable guarantees must be provided as determined by the planning commission for permanent retention of open space and for the maintenance of roadways, storage facilities, service facilities and landscaping resulting from the application of these regulations. Guarantees may be in the form of a bond, letter of credit, escrow, cash deposit, or in other form to be determined by the planning commission, which form must be approved by the legislative body and city attorney.
42. Park Manager: In any case when a mobile home park is owned by more than one person or when the owner will not be present as manager, the developer shall establish and appoint a park manager. The manager shall be a resident of the city and shall be authorized to receive, process and represent fully the interest of the owners with respect to management and maintenance of the park.
43. Business License Required: Prerequisite to the operation of any mobile home park in the city shall be the obtaining of an annual business license.
44. Compliance With Other City Regulations: Any mobile home located in any permitted area shall comply with and conform to all other zoning laws, rules, regulations and building, plumbing, fire prevention and all other codes and requirements applicable to a structure or building erected within the zone in which said is located. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

I. Recreational vehicle (RV) parks for both long-term and short-term use shall meet the following additional standards:

A. Ownership & Minimum Size: Each RV park shall have one (1) common owner, and a minimum size of five (5) acres.  Any RV parks operating prior to the adoption of this ordinance that do not meet the minimum size requirements set forth herein are not required to meet said minimum size requirements as long as the RV park does not decrease or increase the acreage of the park as it existed at the time this ordinance was adopted.  However, if at any time after the adoption of this ordinance an RV park reduces or expands the acreage of its park, then it shall be required to meet the minimum size requirements set forth herein.

B.  Access Roads: Each RV park shall have a hard-surfaced (concrete or asphalt) roadway of at least twenty-five feet (25’) in width, constructed to city specifications and must serve each recreational vehicle in the park (twelve feet (12’) wide for one-way streets).  Any RV parks operating prior to the adoption of this ordinance that do not meet the road requirements set forth herein are not required to meet said road requirements for the portion of the RV park that existed at the time of the adoption of this ordinance.  However, if any presently existing RV park expands the size of its park or the number of RVs in the park from what it was at the time this ordinance was adopted, then any expansion areas of the RV park shall comply with the road requirements set forth herein.

C.  Access: Each RV park shall have access from a dedicated and approved public street at an approved point or points. No RV space shall have direct access from a public street.

D.  Parking: Each RV park shall have one (1) hard-surfaced parking space that shall be provided for each recreational vehicle located in the RV park and at least one (1) additional hard-surfaced automobile parking spot shall be provided for each RV space or lot.  Any RV parks operating prior to the adoption of this ordinance that do not meet the parking requirements set forth herein are not required to meet said parking requirements for the portion of the RV park that existed at the time of the adoption of this ordinance.  However, if any presently existing RV park expands the size of its park or the number of RVs in the park from what it was at the time this ordinance was adopted, then any expansion areas of the RV park shall comply with the parking requirements set forth herein.

E.  Recreation Space: Each RV park having ten (10) or more units shall have at least one thousand (1,000) square feet of common, usable recreation area.  The recreation area must be landscaped with grass, trees, and/or other vegetation approved by City staff.  

F.  Density: The maximum density for a RV park shall not exceed (13) units per gross acre.

G.  Spaces: Each RV space shall have a minimum width of twenty feet (20’). All recreational vehicles shall be able to park in designated spaces, and no portion of a driveway or roadway may be used for recreational vehicle parking. 

H.  Permitted: Only recreational vehicles, travel trailers, motor homes, park models and park trailers (collectively referred to herein as “recreational vehicle,” “RV” or “unit”) may be located in an RV park.

I.  Minimum Yard Clearances for RV Park Subdivision:

1. Front or side yard from a public street: twenty feet (20’);

2.  Side yard bordering adjacent property: eight feet (8’);

3.  Rear yard bordering adjacent property: eight feet (8’);

4.  All RVs shall have at least fifteen (15’) feet of spacing between units;

J.  Utilities Required: Each RV parking space shall have connections available for water, sewer and electricity. All utility connections shall be located underground. All recreational vehicle parks shall be connected to a public sewer system for all sewer connections or dump stations.

K.  Service Building: Each RV park shall include a service building containing all sanitary facilities required by the Utah State Department of Health Code of Recreational Vehicle, Camp or Trailer Court Sanitation Regulations, and shall provide a dump station for dependent recreational vehicles.  The Service Building requirements of this section include, but are not limited to, a permanent on-site bathroom facility that contains a toilet, shower, sink, and other appropriate sanitary items (eg. hand soap, toilet paper, etc.) 

L. Laundry Facilities: Each RV park shall provide an operating on-site laundry facility that includes at least one (1) clothes washer and one (1) clothes dryer per twenty (20) RV spaces.   

M.  Outdoor Living Space: Each RV parking space shall include a minimum of three hundred (300) square feet of “outdoor living” space located adjacent to the RV space. Said outdoor living space shall be maintained in a clean and weed-free manner and shall be kept free from garbage or debris of any kind.

N.  Awnings: Only well-maintained factory-installed awnings shall be allowed on a recreational vehicle in an RV park.  

O. Additional Structures:  No permanent additions or structures shall be added to a recreational vehicle.

P. Skirting:  No skirting is allowed on a recreational vehicle except for skirting specifically designed and manufactured for the respective recreational vehicle.

Q. Minimum Separation: In no case shall a recreational vehicle or any part of it be closer than fifteen feet (15') to an adjacent recreational vehicle.  

R. Business License & Fee:  

1. Annually, the owner of each RV park shall obtain a business license from the City.  

2. The business license fee for an RV park is two hundred and fifty dollars ($250.00) a year.  This fee may be amended by the City in its approved fee schedule. 

3. An RV park may be fined up to one hundred dollars ($100.00) a day for each day that it operates without a business license.

4. The City may prohibit an RV park from operating anytime the RV park does not have a current business license.  

5. The City may revoke an RV park business license anytime the RV park is in violation of this code or any other applicable law and the City has given the RV park written notice of the violation and thirty (30) days to correct the violation.  The City may revoke a RV park business license immediately in the event the continued operation of the RV park constitutes a serious risk to health and safety of RV park patrons or the residents of Nephi City.  What constitutes a serious health and safety risk shall be determined the City Council.  

6. Once a business license has been revoked, it may not be reinstated until 1) the RV park is in compliance with this code and all other applicable laws, 2) the RV park owner has met with the City Council and provided information showing that it has corrected the problem that led to the revocation of the business license, 3) the RV park has paid all outstanding fines to the City, and 4) the City Council has approved the reinstatement or issuance of the RV park business license.  

7. If an RV park owner disputes the revocation of its business license or denial of its business license application, it may appeal the matter to the City Council.  The City Council shall hear the RV park’s appeal within thirty (30) days of the RV park filing a written appeal with the City.  If an RV park disagrees with the City Council’s decision, it may appeal the decision any court of competent jurisdiction.  The RV park is subject to all of the fines, prohibitions, and restrictions of this code while it is appealing the City’s revocation or denial of its business license.

S. Renting of RV Spaces:  RV Parks shall enter a written rental agreement with each individual or entity that rents an RV space.  The rental agreements shall be for no more than twenty-nine (29) days.  After an individual or entity has leased an RV space for twenty-nine (29) days, then upon mutual agreement, the RV park and the individual or entity may enter into another rental agreement for no more than twenty-nine (29) days.  There is no limit on the amount of twenty-nine day rental agreements an RV park may enter with an individual or entity.  

T. Rental Agreements:

1. Each rental agreement for an RV space shall include park rules.  The park rules shall be provided in written form to each person who rents a space in the RV park.  Additionally, park rules shall be posted in a location likely to be seen by individuals renting a park space.

2. The park rules shall at a minimum state that a recreational vehicle may be required to leave the RV park anytime the owner or occupants of the recreational vehicle are in violation of RV park rules.  

3. At a minimum, the RV park rental agreement shall state that a recreational vehicle is required to leave the RV park if the owners or occupants of the recreational vehicle are unreasonably disturbing, are engaging in any criminal activity, or fail to comply with the terms of City Code.

4. The agreement shall state that a recreational vehicle is not entitled to use an RV space for more than thirty (30) days, assuming the recreational vehicle has not been required to leave the RV park for any other reason. 

U. Criminal Activity:  The City may revoke an RV park’s business license anytime there has been more than three (3) criminal convictions, excluding minor traffic violations, for incidents occurring at the RV park during any twelve (12) month period.   

V. Inspections:

1. Each RV park shall be inspected twice a year by the City.

2. The RV park has the responsibility to contact the City and schedule each inspection.  The City has fourteen (14) days to inspect the RV park after the inspection has been requested.

3. Each inspection must be at least ninety (90) days from the previous inspection.

4. The cost of two (2) inspections a year will be covered by the RV park’s annual business license fee.

5. If an RV park does not provide verification of two (2) inspections at least ninety (90) days apart during the previous year, then the RV park owner shall pay an additional fee of five hundred dollars ($500.00) prior to receiving a business license.  The additional fee is in addition to the annual RV park business license fee.  The additional fee may be amended by the City Council in an adopted fee schedule.

6. An RV park may not be issued a business license unless it has passed an inspection within thirty (30) days prior to the issuance of the business license.  The inspection is to verify that the RV park is compliant with the terms of this code and all other applicable laws.     

W. Recreation Vehicles:  All recreational vehicles in the RV park must have an active license from the appropriate state and/or federal agency.

X. Fines & Penalties: In addition to the fines and penalties set forth in this code and other applicable laws, an RV park owner who violates the terms of this code is subject to the following fines & penalties:

1. A five hundred dollar ($500.00) fine for each violation of this code;

2. A class “B” misdemeanor for each violation of the code;

3. The City Council may amend the amount of the fine for each violation of this code in an adopted fee schedule.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 03-17-2020-A, 3-17-2020; amd. Ord. 09-21-2021-A, 9-21-2021;Ord. 02-07-2023-A, 2-7-2023.