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Riverdale City Zoning Code

CHAPTER 9

RESIDENTIAL ZONES

10-9A-1: - PURPOSE AND INTENT:

The major purpose of the RE-15 and RE-20 zones is to provide and protect residential development at a low density in a semiagricultural or rural environment. It is also to provide for certain rural amenities, on larger minimum lots, in conjunction with the primary residential nature of the zone.

(1985 Code § 19-16-1)

10-9A-2: - PERMITTED USES:

Accessory building and use that is incidental to a dwelling on the same lot or property and in compliance with all Riverdale City ordinances that regulate the use of accessory buildings.

Agriculture.

Church, synagogue or similar building used for regular religious worship.

Cluster subdivision, in accordance with chapter 23 of this title.

Educational institution.

Golf course, except miniature golf.

Greenhouse and nursery, limited to sale of material produced on premises and with no retail shop operation.

Household pets.

Parking lot accessory to use permitted in this zone.

Public building, public park, recreation grounds and associated buildings.

Single-family dwelling.

Temporary building or use incidental to construction work. Such building shall be removed upon the completion or abandonment of the construction work.

(1985 Code § 19-16-2; amd. 2001 Code; Ord. 784, 4-19-2011)

10-9A-3: - PERMITTED USES REQUIRING FORTY THOUSAND SQUARE FEET MINIMUM LOT AREA:

Animals and fowl kept for family food production.

Private stables; horses for private use only; and provided, that no more than two (2) horses may be kept for each one acre within any lot.

(1985 Code § 19-16-3; amd. 2001 Code)

10-9A-4: - CONDITIONAL USES:

The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 19 of this title:

Home occupations.

Planned residential unit development in accordance with chapter 22 of this title.

Private park, playground or recreation area not open to the general public and to which no admission is made, and not including privately owned commercial amusement business.

Public utility substation or water storage reservoir developed by a public agency.

(1985 Code § 19-16-4)

10-9A-5: - SITE DEVELOPMENT STANDARDS:

RE-15 >RE-20
Minimum lot area 15,000 square feet except
for uses which require
40,000 square feet
20,000 square feet except
for uses which require
40,000 square feet
Minimum lot width 100 feet 115 feet
Minimum yard setbacks:
 Front 30 feet 30 feet
 Side dwelling 10 feet with total width of 2 side yards not less than 24 feet
 Other main building 20 feet each side
 Accessory building 10 feet except 1 foot if located at least 6 feet in rear of main building
 Zero side yards In accordance with subsection 10-14-4J of this title
 Side; facing street on corner
  lot
20 feet 20 feet
 Rear:
 Main building 25 feet 25 feet
 Accessory building 1 foot except 10 feet where accessory building rears onn
side yard of adjacent corner lot. If a dwelling has an existing
detached accessory building in the rear yard, and the
property owner wants to add on to the dwelling (after fire
department review); the new addition must be a minimum of
8 feet from the accessory building, and the new addition
shall meet the minimum rear yard requirements. The opposing side yard must meet minimum side yard requirements and be open at all times to rear yard access
Building height:
 Minimum 1 story 1 story
 Maximum 2 1/2 stories or 35 feet 2 1/2 stories or 35 feet

 

(Ord. 615, 2-18-2003)

10-9B-1: - PURPOSE AND INTENT:

The purpose of the R-1-10, R-1-8 and R-1-6 zone classifications is to provide regulated areas for single-family residential use at three (3) different low density levels. The purpose of the R-1-4.5 zone classification is to provide regulated areas for single-family residential use at a moderate density and to encourage a wider choice of single-family residential housing styles and prices than is now available, as well as opportunities for significant savings in both site development and space heating, while maintaining the advantages of individual home ownership.

(1985 Code § 19-17-1)

10-9B-2: - PERMITTED USES:

Accessory building and use that is incidental to a dwelling on the same lot or property and in compliance with all Riverdale City ordinances that regulate the use of accessory buildings.

Agriculture, nurseries and greenhouses, provided the sale of goods is limited to material produced on the premises.

Church, synagogue or similar permanent building used for regular religious worship.

Cluster subdivision, in accordance with chapter 23 of this title.

Educational institution, public schools, private with similar curriculum, daycare/preschool centers.

Golf course, except miniature golf.

Household pets.

Parking lot accessory to uses permitted in this zone.

Planned residential unit development, in accordance with chapter 22 of this title.

Public building, public park, public recreation grounds and associated buildings.

Single-family dwellings.

Temporary building for use incidental to construction work. Such building shall be removed upon the completion or abandonment of the construction work.

(1985 Code § 19-17-2; amd. Ord. 784, 4-19-2011; Ord. 802, 4-3-2012)

10-9B-3: - CONDITIONAL USES:

The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 19 of this title:

Home occupation.

Private park, playground or recreation area, but not including privately owned commercial amusement business.

Public utility substation or water storage reservoir developed by a public agency.

Zero lot line single-family dwelling.

(1985 Code § 19-17-3)

10-9B-4: - SITE DEVELOPMENT STANDARDS:

Residential ZonesR-1-10R-1-8R-1-6R-1-4.5
Minimum lot areas (in square feet) 10,000 8,000 6,000 4,500 for dwelling; 7,500 for other main building
Minimum lot width: 80 feet 70 feet 60 feet 45 feet
 Alternate side zero
 lot line (duplex type)
35 feet
Minimum yard setbacks:
 Front: 30 feet 30 feet 25 feet 20 feet
 Exception: Where 50
 percent is developed
 but not less than
 20 feet
15 feet
 Side:
  Dwelling 10 feet 8 feet 8 feet 6 feet
  With total width not
  less than
24 feet 18 feet 18 feet 16 feet
  Other main building
  each side
20 feet 20 feet 20 feet 20 feet
 Side yard:
  Accessory building 10 feet 8 feet 8 feet 6 feet
Exception: When an accessory building is detached from the main building, and the accessory building is located at least 6 feet behind the main building, then the side yard setback for the accessory building may be no less than 1 foot from any other structure (or property line)
  Zero side yard In all 4 zones in accordance with subsection 10-14-4J of this title
 Side; facing street on corner  lot 20 feet 20 feet 20 feet 15 feet
 Exception: Where 50 percent
 frontage is developed but
 not less than
15 feet 15 feet 15 feet 10 feet
 Rear:
  Main building 25 feet 25 feet 25 feet 20 feet
  Accessory building When the accessory building is attached to the main building, in any manner whatsoever, then the minimum rear yard setback is 20 feet from the property line. When an accessory building is detached from the main building, and the accessory building is located at least 6 feet behind the main building, then the rear yard setback for the accessory building may be no less than 1 foot from the property line. If a dwelling has an existing detached accessory building in the rear yard, and the property owner wants to add on to the dwelling (after fire department review); the new addition must be a minimum of 8 feet from the accessory building, and the new addition shall meet the minimum rear yard requirements. The opposing side yard must meet minimum side yard requirements and be open at all times to rear yard access
 Building height:
  Minimum 1 story 1 story 1 story 1 story
  Maximum 2 1/2 stories or 35 feet 2 1/2 stories or 35 feet 2 1/2 stories or 35 feet 2 1/2 stories or 35 feet

 

(Ord. 832, 4-16-2013)

10-9C-1: - PURPOSE AND INTENT:

The purpose of the R-2 zone classification is to accommodate a need for low density residential districts incorporating both single-family dwelling units and single-family dwelling units with a residential rental unit.

(1985 Code § 19-18-1; amd. 2001 Code)

10-9C-2: - PERMITTED USES:

Accessory building and use that is incidental to a dwelling on the same lot or property and in compliance with all Riverdale City ordinances that regulate the use of accessory buildings.

Agriculture.

Church, synagogue or similar permanent building used for regular religious worship.

Educational institution.

Golf course, except miniature golf course.

Greenhouse, noncommercial only.

Household pets.

Parking lot accessory to uses permitted in this zone.

Public building, public park, public recreation grounds and associated buildings.

Single-family dwelling.

Temporary building and use incidental to construction work. Such building shall be removed upon the completion or abandonment of the construction work.

(1985 Code § 19-18-2; amd. Ord. 784, 4-19-2011)

10-9C-3: - SITE DEVELOPMENT STANDARDS:

Minimum lot area:
> One-family dwelling 8,000 square feet
 One-family dwelling with rental unit 10,000 square feet
Minimum lot width:
 One-family dwelling 70 feet
 One-family dwelling with rental unit 80 feet
Minimum yard setbacks:
 Front 25 feet except average of existing dwellings where 50 percent frontage is developed but not less than 20 feet
 Side:
  Main building 8 feet, with total width of 2 side yards of not less than 18 feet and 20 feet each side for other main buildings
  Accessory building 8 feet, except 1 foot if located at least 6 feet in rear of main building; but not closer than 9 feet to dwelling on adjacent lot
  Zero side yards In accordance with subsection 10-14-4J of this title
 Side; facing street on corner 20 feet, except average where 50 percent frontage is developed, but not less than 15 feet
 Rear:
  Main building 25 feet
  Accessory building When the accessory building is attached to the main building, in any manner whatsoever, then the minimum rear setback is 20 feet from the property line. When an accessory building is detached from the main building, and the accessory building is located at least 6 feet behind the main building, then the rear setback for the accessory building may be no less than 1 foot from the property line. If a dwelling has an existing detached accessory building in the rear yard, and the property owner wants to add on to the dwelling (after fire department review); the new addition must be a minimum of 8 feet from the accessory building, and the new addition shall meet the minimum rear yard requirements. The opposing side yard must meet minimum side yard requirements and be open at all times to rear yard access
Building height:
 Minimum 1 story
 Maximum 2 1/2 stories or 35 feet

 

(Ord. 615, 2-18-2003)

10-9D-1: - PURPOSE AND INTENT:

The purpose of the R-3 zone classification is to provide residential areas that will accommodate the development of dwelling types from single-family through multiple-family units with their associated necessary public services and activities. It is also to provide an orderly transition from less intensive, lower density uses to more intensive, higher density uses.

(1985 Code § 19-19-1)

10-9D-2: - PERMITTED USES:

Accessory building and use that is incidental to a dwelling on the same lot or property and in compliance with all Riverdale City ordinances that regulate the use of accessory buildings.

Agricultural.

Bachelor and/or bachelorette dwelling with twenty-four (24) or less dwelling units.

Church, synagogue or similar permanent building used for regular religious worship.

Educational institution.

Golf course, except miniature golf course.

Greenhouse, noncommercial only.

Group dwelling with twenty-four (24) or less dwelling units in accordance with chapter 24 of this title.

Household pets.

Library or museum, public or nonprofit.

Multiple-family dwelling with twenty-four (24) or less dwelling units.

Parking lot accessory to uses permitted in this zone.

Planned residential unit development, in accordance with chapter 22 of this title.

Public building, public park, public recreation grounds and associated buildings.

Single-family dwelling.

Temporary building for use incidental to construction work. Such building shall be removed upon the completion or abandonment of the construction work.

Two-family dwelling.

(1985 Code § 19-19-2; amd. Ord. 784, 4-19-2011)

10-9D-3: - CONDITIONAL USES:

The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 19 of this title:

Bachelor and/or bachelorette dwelling with twenty-five (25) or more dwelling units.

Cemetery with customary incidental uses, including, but not limited to, mortuary, mausoleum, crematory, staff housing, service shops and chapel.

Group dwellings with twenty-five (25) or more dwelling units in accordance with chapter 24 of this title.

Home occupation.

Multiple-family dwelling with twenty-five (25) or more dwelling units.

Nursing home.

Private park, playground, or recreation area, but not including privately owned commercial amusement business.

Public utility substation or water storage reservoir developed by a public agency.

(1985 Code § 19-19-3)

10-9D-4: - SITE DEVELOPMENT STANDARDS:

Minimum lot area:
 One-building dwelling
  Single-family 6,000 square feet
  Two-family 7,500 square feet
  Multiple-family 7,500 square feet plus 2,000 square feet for each dwelling in excess of 2
  Bachelor or bachelorette Same as above plus 1,000 square feet for each occupant in excess of 4 in each dwelling unit
  Group dwelling 7,500 square feet for each building plus 2,000 square feet for each dwelling unit in excess of 2 in each building; bachelor or bachelorette same as above plus 1,000 square feet for each occupant in excess of 4 in each dwelling unit
  Other main building 7,500 square feet for nursing home and additional 750 square feet for each guest or patient accommodations in excess of 4
Minimum lot width: 60 feet
Minimum yard setbacks:
 Front 25 feet, except average of existing dwellings where 50 percent frontage is developed, but not less than 20 feet
 Side
  Main building:
  One-building dwelling and group dwelling 8 feet with total width of 2 required yards of not less than 18 feet plus 1 foot each side for each 1 foot main building is over 35 feet high
  Other main building 20 feet each side plus 1 foot each side for each 1 foot building is over 35 feet high
  Accessory building 8 feet, except 1 foot if located at least 6 feet from rear of main building, but not closer than 8 feet to dwelling on adjacent lot
  Zero side yard In accordance with subsection 10-14-4J of this title
 Side; facing street on corner lot 20 feet, except average where 50 percent frontage is developed, but not less than 15 feet
 Rear:
  Main building 30 feet
  Accessory building 1 foot, except 8 feet where an accessory building located on a corner lot rears on side yards of adjacent lots
If a dwelling has an existing detached accessory building in the rear yard, and the property owner wants to add on to the dwelling (after fire department review); the new addition must be a minimum of 8 feet from the accessory building, and the new addition shall meet the minimum rear yard requirements. The opposing side yard must meet minimum side yard requirements and be open at all times to rear yard access
Building height
 Minimum 1 story
 Maximum Nursing home 2 1/2 stories or 35 feet, none for other buildings
Lot coverage No building or group of buildings with their accessory buildings shall cover more than 40 percent of the lot area
Open green space At least 40 percent
Special regulations In no case shall the ratio of total floor area in the building to the total lot area exceed one to one (1:1)

 

(Ord. 582, 11-15-2000)

10-9E-1: - PURPOSE AND INTENT:

The purpose of the R-4 zone is to provide higher density residential areas with their associated necessary public services and activities. It is also to provide an orderly transition from less intensive, lower density uses to more intensive, higher density uses.

(1985 Code § 19-20-1)

10-9E-2: - PERMITTED USES:

Accessory building and use that is incidental to a dwelling on the same lot or property and in compliance with all Riverdale City ordinances that regulate the use of accessory buildings.

Agriculture.

Bachelor and/or bachelorette dwelling with twenty-four (24) or less dwelling units.

Boarding and lodging house.

Church, synagogue or similar permanent building used for regular religious worship.

College or university.

Educational institution.

Golf course, except miniature golf course.

Greenhouse, noncommercial only.

Group dwellings with twenty-four (24) or less dwelling units in accordance with chapter 24 of this title.

Household pets.

Library, museum, public or nonprofit.

Multiple-family dwelling with twenty-four (24) or less dwelling units.

Parking lots accessory to uses permitted in this zone.

Planned residential unit development in accordance with chapter 22 of this title.

Public building, public park, public recreation grounds and associated buildings.

Single-family dwellings.

Temporary building for use incidental to construction work. Such building shall be removed upon completion or abandonment of the construction work.

Two-family dwelling.

(1985 Code § 19-20-2; amd. Ord. 784, 4-19-2011)

10-9E-3: - CONDITIONAL USES:

The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 19 of this title:

Bachelor and/or bachelorette dwelling with twenty-five (25) or more dwelling units.

Cemetery with customary incidental uses, including, but not limited to, mortuary, mausoleum, crematory, staff housing, service shops and chapel.

Daycare/preschool center.

Fraternal and beneficial societies, orders and social clubs of nonprofit nature.

Fraternity or sorority house.

Group dwelling with twenty-five (25) or more dwelling units in accordance with chapter 24 of this title.

Home occupation.

Hospital, sanatorium, clinic.

Multiple-family dwelling with twenty-five (25) or more dwelling units.

Nursing home, nursery for children.

Private park, playground or recreation area, but not including privately owned commercial amusement business.

Professional and business offices in which goods or merchandise are not commercially created, exchanged or sold.

Public utility substation.

Studio for professional work, teaching, performances or exhibitions of the fine arts; provided, that such performances or exhibitions are limited to the work product of the studio involved.

Wedding chapel; provided, that light refreshment only shall be served and the service or consumption of food or refreshment shall be strictly incidental to the principal use.

(1985 Code § 19-20-3; amd. Ord. 802, 4-3-2012)

10-9E-4: - SITE DEVELOPMENT STANDARDS:

Minimum lot area:
 One-building dwelling:
  Single-family 6,000 square feet plus 1,500 square feet for each additional dwelling unit; for bachelor and bachelorette dwelling same as above plus 1,000 square feet for each occupant in excess of 4 in each unit
  Group dwelling 6,000 square feet for first building plus 2,000 square feet for each additional building plus 1,500 square feet for each building; for bachelor and bachelorette dwelling, same as above plus 1,000 square feet for each occupant in excess of 4 in each unit
  Other main building 7,500 square feet for nursing home, an additional 500 square feet for each guest or patient in excess of 4; and 20,000 square feet for hospital, fraternal, or beneficial society or wedding chapel
Minimum lot width 60 feet
Minimum yard setbacks:
 Front 20 feet except average of existing dwellings where 50 percent is developed but not less than 15 feet
 Side:
  For any dwelling, nursery school, office, clinic, fraternity, sorority, boarding house, or lodging house 6 feet with total of 2 side yards not less than 16 feet, plus 1 foot each side for each 1 foot any main building is over 35 feet high
  Accessory building 8 feet except 1 foot if located at least 6 feet from rear of main building, but not closer than 8 feet to dwelling on adjacent lot
  Zero side yard In accordance with subsection 10-14-4J of this title
 Side; facing street on corner lot 15 feet except average where 50 percent frontage is developed but not less than 10 feet
 Rear:
  Main building 30 feet
  Accessory building 1 foot except 6 feet where an accessory building located on a corner lot rears on side yards of adjacent lots
If a dwelling has an existing detached accessory building in the rear yard, and the property owner wants to add on to the dwelling (after fire department review); the new addition must be a minimum of 8 feet from the accessory building, and the new addition shall meet the minimum rear yard requirements. The opposing side yard must meet minimum side yard requirements and be open at all times to rear yard access
Building height:
 Minimum 1 story
 Maximum None
Lot coverage No building or group of buildings with their accessory building shall cover more than 50 percent of the lot area
Open green space At least 30 percent of the lot area
Special regulation In no case shall the ratio of the total floor area in the building to the total lot area exceed 2:1

 

(Ord. 582, 11-15-2000)

10-9F-1: - PURPOSE AND INTENT:

The purpose of the R-5 zone classification is to permit development of high density residential areas with their associated necessary public services and activities.

(1985 Code § 19-21-2)

10-9F-2: - PERMITTED USES:

Accessory building and use that is incidental to a dwelling on the same lot or property and in compliance with all Riverdale City ordinances that regulate the use of accessory buildings.

Agriculture.

Bachelor and/or bachelorette dwelling with forty-nine (49) or less dwelling units.

Boarding and lodging house.

Church, synagogue or similar permanent building used for regular religious worship.

College or university.

Daycare/preschool center.

Educational institution.

Fraternal and beneficial societies, orders and social clubs.

Golf course, except miniature golf course.

Greenhouse, noncommercial only.

Group dwellings with forty-nine (49) or less dwelling units in accordance with chapter 24 of this title.

Household pets.

Library, museum, public or nonprofit.

Multiple-family dwelling with forty-nine (49) or less dwelling units.

Parking lots accessory to uses permitted in this zone.

Photo studio.

Planned residential unit development in accordance with chapter 22 of this title.

Private park, playground and recreation area, but not including privately owned commercial amusement business.

Professional and business offices in which goods or merchandise are not commercially created, exchanged or sold.

Public building, public park, public recreation grounds and associated buildings.

Single-family dwellings.

Studio for professional work, teaching, performances or exhibitions of the fine arts; provided, that such performances or exhibitions are limited to the work product of the studio involved.

Temporary building for use incidental to construction work. Such building shall be removed upon completion or abandonment of the construction work.

Two-family dwelling.

Wedding chapel; provided, that light refreshments only shall be served and the service or consumption of food or refreshments shall be directly incidental to the principal use.

(1985 Code § 19-21-2; amd. Ord. 784, 4-19-2011; Ord. 802, 4-3-2012)

10-9F-3: - CONDITIONAL USES:

The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 19 of this title:

Ambulance substation.

Apartment hotels.

Bachelor or bachelorette dwelling with fifty (50) or more dwelling units.

Cemetery with customary incidental uses, including, but not limited to, mortuary, mausoleum, crematory, staff housing, service shops and chapel.

Fraternity and sorority house.

Group dwelling with fifty (50) or more dwelling units in accordance with chapter 24 of this title.

Home occupation.

Hospital, sanatorium, clinic, including clinic for household pets for outpatient treatment only.

Laboratories.

Multiple-family dwelling with fifty (50) or more dwelling units.

Nursing home, nursery for children.

Public utility substation.

(1985 Code § 19-21-3)

10-9F-4: - SITE DEVELOPMENT STANDARDS:

Minimum lot area:
 One-building dwelling:
  Single-family 5,000 square feet plus 750 square feet for each additional dwelling
  Bachelor or bachelorette Same as above plus 1,000 square feet for each occupant in excess of 4 in each dwelling unit
 Group dwelling:
  Multiple-family 5,000 square feet for first building plus 2,000 square feet for each additional building plus 750 square feet for each dwelling in excess of 1 in each building
  Bachelor or bachelorette Same as above plus 1,000 square feet for each occupant in excess of 4 in each dwelling unit
Other main building:
 Nursing home 7,500 square feet plus 500 square feet for each guest or patient in excess of 4
 Hospital, fraternal and beneficial society, mortuary, or wedding chapel 20,000 square feet
Minimum lot width 50 feet
Minimum yard setbacks:
 Front 20 feet except average of existing dwelling where 50 percent frontage is developed but not less than 15 feet
 Side:
  Any dwelling, nursery school, office, clinic, fraternity, sorority, boarding house, or lodging house 6 feet with total of 2 side yards not less than 16 feet, plus 1 foot each side for each 2 feet the main building is over 35 feet high
  Other main building 20 feet each side, plus 1 foot each side for each 2 feet main building is over 35 feet high
  Accessory building 8 feet except 1 foot if located at least 6 feet from rear of main building, but not closer than 8 feet to dwelling on adjacent lot
  Zero side yards> In accordance with subsection 10-14-4J of this title
 Side; facing street on corner lot 15 feet except average when 50 percent frontage is developed but not less than 10 feet
 Rear:
  Main building 30 feet if rear property line is adjacent to a residential zone; 10 feet if rear property line is adjacent to a commercial zone. Any structure located closer than 30 feet to the rear property line shall meet all requirements of the current building and fire codes and receive construction approval from the Riverdale City fire chief
  Accessory building 1 foot except 6 feet where an accessory building located on a corner lot rears on side yards of adjacent lots

If a dwelling has an existing detached accessory building in the rear yard, and the property owner wants to add on to the dwelling (after fire department review); the new addition must be a minimum of 8 feet from the accessory building, and the new addition shall meet the minimum rear yard requirements. The opposing side yard must meet minimum side yard requirements and be open at all times to rear yard access
Building height:
 Minimum 1 story
 Maximum None
Lot coverage No building or group of buildings with their accessory building shall cover more than 60 percent of the lot area
Open green space At least 20 percent of the lot area
Special regulations In no case shall the ratio of floor area in the main building to total lot area exceed 3:1

 

(Ord. 881, 7-20-2016)

10-9G-1: - PURPOSE AND INTENT:

The purpose of the RMH-1 zone is to provide appropriate areas for suitable development of mobile home (manufactured home/recreation vehicle) parks. It is also to ensure that such facilities receive adequate services and blend harmoniously with surrounding residential neighborhoods.

(1985 Code § 19-22-1; amd. 2001 Code)

10-9G-2: - DEFINITIONS:

For purposes of this article:

MANUFACTURED HOME AND/OR RECREATION VEHICLE: Shall be referred to collectively as "mobile home".

PARK: Shall refer to manufactured home/recreation vehicle park and shall be referred to herein collectively as "mobile home park".

(1985 Code §§ 19-22-1, 19-22-3; amd. 2001 Code)

10-9G-3: - PERMITTED USES:

Accessory building and use customarily incidental to any permitted use, including single-family dwelling permanent structures for resident manager.

Household pets.

Mobile home park, provided such park meets the requirements and standards prescribed by this article.

Temporary building for use incidental to construction work. Such building shall be removed upon completion or abandonment of the construction work.

(1985 Code § 19-22-2)

10-9G-4: - SITE DEVELOPMENT STANDARDS:

A.

Area Regulations: The minimum area for a park shall be five (5) acres.

B.

Width Regulations: The minimum width for a mobile home park shall be three hundred feet (300').

C.

Height Regulations: The maximum height of any structure within a park shall be two (2) stories or thirty feet (30').

(1985 Code §§ 19-22-4—19-22-6)

10-9G-5: - PARK PERMIT AND APPLICATION TO CONSTRUCT, IMPROVE:

A.

Permit Required: It is unlawful for any person to construct, enlarge, alter, improve or convert any park or to improve any lands for use as a park, or to cause the same to be done, unless such person holds a valid permit issued for the performance of such work by the community development director.

B.

Code Compliance: The procedures prescribed by the international building code, international plumbing code, international mechanical code, national electrical code and manufactured home installation standards as adopted by the city and as amended, insofar as applicable and appropriate, are applicable to and shall be followed in applying for permits for the construction, alteration, enlargement, improvement, etc., of parks, except as specifically otherwise provided.

C.

Investigation, Review and Inspection: Upon receipt of an application for approval to establish or enlarge a park, the planning commission shall make the necessary investigation, review and inspection of the application, site plan, site and proposed facilities to determine whether the establishment or enlargement of the park will meet the requirements of this title.

1.

Plans and Specifications: Before an application for a park permit can be filed, plans and specifications shall be submitted to the building inspector. Eight (8) black and white blueprint plans of the proposed park shall be filed with the application on paper not smaller than seventeen inches by twenty-two inches (17" x 22") and a scale not smaller than one inch equals one hundred feet (1" = 100'), and shall include the following:

a.

Name, address and telephone number of the owner and of the operator.

b.

Location and legal description of the park.

c.

North point, scale and date of drawing.

d.

Acreage of the proposed park.

e.

Accurate finished contours of land at intervals of not more than two feet (2'), and the approximate location of all areas subject to flood water overflow or inundation, and the location, width and direction of flow of all watercourses.

f.

Location of all existing public streets within two hundred feet (200') of the proposed park.

g.

Number, size, location and type of all mobile home or recreational vehicle spaces.

h.

Location, size and specifications for construction of roadways and walkways.

i.

Plans and specifications of all buildings, improvements and facilities to be constructed within the park.

j.

Locations, sizes and elevation drawing of all signs.

k.

Location and size of all public utility lines within the park.

l.

Landscaping plan and plant list.

m.

Location and method of enclosing rubbish and garbage disposal areas.

n.

Location and common storage areas for recreational vehicles and guest parking.

o.

Location of car slab, cabana, landscaping, etc., for one typical mobile home or recreational vehicle space, scale one-fourth inch equals one foot (1/4" = 1').

p.

Drainage plan of park showing method of carrying surface drainage to an adequate point of disposition.

q.

Such further information as required by this article or that may be required by the planning commission to enable it to determine if the proposed park will comply with legal requirements.

2.

Review: The planning commission shall transmit a copy of the park plan to such agencies for review and comment as they determine is appropriate.

(1985 Code § 19-22-8; amd. 2001 Code; Ord. 854, 5-6-2014)

10-9G-6: - FEE FOR PERMIT:

A fee in such amount as established by resolution of the city council for a mobile home park construction permit shall be paid to the city treasurer at the time of the filing of the application therefor. The said fee shall be in addition to all other building, electrical, plumbing and other fees required for work included in the construction.

Cross reference— See also subsection 1-12-5A4 of this code.

(1985 Code § 19-22-9; amd. 2001 Code)

10-9G-7: - PLANNING COMMISSION ACTION:

The planning commission shall review the application, maps and plans of the proposed park. It shall consider all appropriate reports, together with the provisions of this title and shall approve, conditionally approve or disapprove the application as submitted.

A.

Reports: City departments receiving the plans for review shall transmit comments or recommendations to the planning commission in writing within fourteen (14) days after receiving the plans.

B.

Notification to Owner or Operator: After consideration and action of the planning commission in accordance with the requirements of this title, the community development director shall notify the owner or operator in writing of the action of the planning commission.

C.

Expiration of Approval: Approval of the planning commission shall expire one year after the date of approval if building permits have not been issued and construction of the park has not been commenced and pursued diligently. The planning commission, however, may grant an extension of up to six (6) months under exceptional circumstances, as determined by the planning commission. Application for extension shall be made in writing not less than thirty (30) days prior to the expiration of the original approval.

(1985 Code § 19-22-10; amd. 2001 Code; Ord. 854, 5-6-2014)

10-9G-8: - BUILDING PERMITS:

A.

Approval Required: The community development director shall not issue any land use or building permit prior to the approval of the final site development plan by the planning commission and city council.

B.

Appeal: Any person, firm or corporation whose application for a permit under the provisions of this section has been denied by the community development director may have said denial reviewed by the city council upon filing with the community development director a written request therefor, within ten (10) days after notice of such denial. Such written request shall specify the grounds on which the applicant relies for a reversal of the community development director's denial of the permit. The city council may from time to time establish, promulgate, alter and amend administrative rules and regulations providing the procedure for the conduct upon the hearing of such review.

C.

Variation in Plans Prohibited: It is unlawful for any person to do any construction, alteration, repair, improvement or enlargement of any park or any structure thereon for which a permit is required which varies from the approved plans and specifications submitted with the application for such permit.

(1985 Code § 19-22-11; amd. 2001 Code; Ord. 854, 5-6-2014)

10-9G-9: - CERTIFICATE OF OCCUPANCY:

The building inspector shall issue a certificate of occupancy upon the successful completion of the park and prior to the issuance of a city business license.

(1985 Code § 19-22-12)

10-9G-10: - LICENSE REQUIREMENTS AND APPLICATION:

A.

License Required: It shall be unlawful for any person, firm or corporation to operate, maintain or offer for use any park without first making application to the license assessor and obtaining a license to do so.

B.

Approval Required: No new application for a license shall be considered until the plans for such use shall have first been approved by the planning commission and city council, and certificate of occupancy has been issued as required by this article, and no license shall be issued until such approval has been obtained. Any license issued without such approval shall be null and void. Each applicant, in making application for license, shall specify the exact number of mobile home and recreational vehicle spaces which shall be offered for use. Any enlargements, increase in capacity or modification of an existing use shall be construed to be a new application for the purpose of this article, and no existing license shall be modified and no building permit for such enlargement, increase in capacity or modification shall be issued until the application for the same shall be approved by the planning commission.

(1985 Code § 19-22-13)

10-9G-11: - GENERAL REQUIREMENTS:

A.

Violations: It shall be the duty of the operator and/or caretaker to call to the attention of the proper law enforcement officers any violation or suspected violation of all laws, ordinances and regulations relating to fire, safety and health.

B.

Register of Tenants: Every licensee of a park shall keep a register of all tenants of such premises and that register shall be available at all times and for one year after the tenant leaves the park for inspection by any authorized person of the city. Such register shall contain:

1.

Name and address of each tenant;

2.

Space to which assigned; and

3.

Mobile home or recreational vehicle license number and manufacturer's name, if any.

C.

Display of License: Each current license issued in connection with uses stated herein shall be displayed in some public place on the premises to which it is applicable.

D.

Inspection of Premises: The premises and appurtenant facilities of any park shall be open to inspection by the community development director at all times.

E.

Drainage: It is unlawful to establish, build or construct any park except on a well drained site so located that drainage therefrom will not endanger any public culinary or domestic water supply. It is unlawful to establish, construct or build any park, except in an area free from marshes, swamps and other potential breeding places for insects or rodents.

F.

Operator's Responsibility to Maintain Orderly Place: The operator of any park is hereby required to maintain order on the premises and shall conduct his business in an orderly and wholesome manner, and he shall not permit nuisances to be created or continued.

G.

Compliance with Laws: In addition to the requirements as set forth in this article, all uses shall be established and constructed in compliance with all existing state and local statutes, ordinances, codes and regulations, including the rules and regulations of the county health department and/or state department of health, local, county and state law enforcement agencies and fire department.

H.

Space Requirements, Existing Mobile Homes; Variances; Park Layout: Mobile homes which are parked in a mobile home park prior to April 20, 1993, may remain there even though they do not meet the spacing requirements of subsection 10-9G-14F of this article. All mobile homes moved into a park after April 20, 1993, must comply with all of the provisions of this article, including the spacing requirements for attachments to mobile homes such as patio covers, decks and carports.

1.

When a mobile home which does not conform to the spacing requirements of subsection 10-9G-14F of this article, but which is allowed to stay in the park in accordance with this subsection, is moved, damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, the owner of said mobile home may, within one year from the date of said move or destruction of the mobile home, repair or replace that mobile home with a mobile home equal to or smaller in size than that mobile home without being subject to the spacing requirements of subsection 10-9G-14F of this article. The owner of the mobile home park shall ensure that all other mobile homes moved into the mobile home park after the effective date hereof shall comply with all of the requirements of this article, including subsection 10-9G-14F of this article.

2.

If physical limitations in the mobile home park are such that it is not reasonably possible to comply with all of the provisions of this article, including subsection 10-9G-14F of this article, the mobile home park owner may apply to the board of adjustment for a variance.

3.

Within thirty (30) days of the effective date hereof, each mobile home park owner is hereby required to furnish to the community development director a park layout which clearly shows for each space the size of the mobile home in that space, the distance between each mobile home, including any attachments to the mobile home such as a patio cover, deck, carport, etc., and the adjacent mobile homes or park boundary or roadway. This park layout map must be updated annually. Failure to comply with this subsection is an infraction, subject to penalty as provided in section 1-4-1 of this code.

I.

Enclosure of Park: A wall or fence not less than four feet (4') nor more than six feet (6') in height, or a uniformly maintained compact evergreen hedge, shall be erected and maintained along the boundaries of a mobile home park. The wall or fence shall be of wood, concrete, brick or other masonry construction, or may be of chainlink metal construction, provided an evergreen hedge is also planted. Where, in the opinion of the planning commission, it is unreasonable to require the construction of a fence, wall or hedge, the commission may waive or modify the requirements as specified in this subsection. No such wall, opaque fence or planting shall be placed so as to create a traffic hazard. No obstruction to view in excess of two feet (2') in height shall be placed on any street corner.

J.

Mobile Home Permit Required: The mobile home park manager or operator is responsible for applying for a permit for each mobile home moved into the park or any alteration of existing mobile home or space. It is unlawful for the mobile home park manager or operator to allow a mobile home to be moved into the park without said permit or to allow any alteration of an existing mobile home or space without a permit.

(1985 Code § 19-22-10, 19-22-14; amd. 2001 Code; Ord. 815, 9-25-2012; Ord. 854, 5-6-2014)

10-9G-12: - SPECIAL LIMITATIONS AND PROVISIONS:

A.

Commercial Businesses: No commercial business shall be conducted within the park, except that a conditional use home occupation may be allowed after approval by the planning commission.

B.

Minimum Number of Spaces: The minimum number of spaces for which a permit may be issued shall be ten (10).

C.

Facilities Comply with Ordinances: Any portion of or appendage of any habitation, shelter or storage facility as permitted herein shall be in compliance with all city ordinances.

D.

Animal Control: Household pets shall be permitted subject to any other ordinance regulating the licensing of same.

E.

Placement of Mobile Homes: No "mobile home", as defined in section10-2-2 of this title, shall be occupied or permitted to be occupied on any property except one which is located in a park as permitted herein. Permanent habitation of a mobile home or the placement of a mobile home on a permanent foundation shall not be construed to classify such living quarters as a dwelling and shall not exempt it from any requirements pertaining to any mobile home, as provided for herein.

F.

Development as Space Required: It shall be unlawful to allow any mobile home to occupy space within a park which has not been developed as a mobile home space with all required facilities.

G.

Buildings, Structures: No building or structure shall be erected, altered, used or occupied in connection with the use of a mobile home, on any mobile home space, except as follows:

1.

The following shall be permitted; provided, that such space has sufficient area and width to provide the yard space between such facilities and other mobile homes as required in subsection 10-9G-14F of this article:

a.

Awnings or patio covers, whether permanent or temporary, shall not be closer than six feet (6') from adjacent mobile home or awning, deck or porch of adjacent mobile home.

b.

Cabana or other enclosed add on space, open canopy, roof, awning and covered patio.

c.

One private storage building not exceeding one hundred twenty (120) square feet in total floor area.

2.

Anchoring; Skirting: Mobile homes must be tied down per state requirements and flood plain ordinance requirements as specified in subsection 10-27-5A1 of this title, national conference of states on building codes and standards (NCSBCS), and american national standards institute (ANSI) 225.1, manufactured home installations, 1987. All mobile homes must be skirted.

(1985 Code § 19-22-15; amd. 2001 Code; Ord. 598, 1-2-2002)

10-9G-13: - SANITATION REQUIREMENTS:

A.

Compliance; Reporting Violations: All state, county and local health regulations apply to parks and it shall be the responsibility of the operator of any park to notify health officials of any violation of health regulations.

B.

Refuse Collection, Storage and Disposal: Refuse shall be collected, stored and disposed of in accordance with the following requirements:

1.

The storage, collection, and disposal of refuse shall be so managed as to create no health hazards, rodent harborage, insect breeding area, accident hazards or air pollution.

2.

All garbage shall be collected at least once each week. The operator shall arrange for all refuse to be collected and transported to a public disposal area in covered vehicles or covered containers.

3.

All mobile homes are required to connect with public sewer facilities. Each mobile home and recreational vehicle space shall have a trapped sewer inlet to receive all wastes.

4.

A supply of water, safe for human consumption, shall be provided under pressure and in quantities to meet all requirements for the maximum number of persons which may reside on the premises at any time. Water supply must come from an approved public water system.

(1985 Code § 19-22-16)

10-9G-14: - LOCATION AND GENERAL LAYOUT OF PARK:

A.

Grade and Fill: The site of any park shall be graded and/or filled and maintained so as to prevent the accumulation of storm or wastewater of any kind and no such use shall be permitted in low swampy places where the ground water causes the surface soil to become wet. The earth shall be sloped away from all patios, mobile home stands, buildings and water supply wells to ensure immediate drainage and diversion of surface water away from these facilities.

B.

Access Roads: Adequate access roads shall be provided to prevent public safety hazards. Hard-surface roads at least twenty feet (20') wide shall be provided to serve each space and common parking areas. Each such access road shall be unobstructed and shall connect directly to a major public street or a collector traffic street. Direct vehicular access to space shall be limited to the access road or roads provided. Where any access road connects to two (2) or more public streets, it shall be arranged so as to control through traffic.

C.

Parking Spaces: Hard-surfaced parking spaces shall be provided for the parking of motor vehicles in the ratio of at least two (2) parking spaces to each mobile home space.

D.

Storage Space: There shall be provided for each mobile home space a minimum of two hundred (200) square feet of hard-surfaced storage space in a common area for the storing of recreational vehicles and/or parking for guests.

E.

Playground, Park Areas: Playground and park area shall be provided for each mobile home park having ten (10) or more units and shall be restricted to and maintained for such use. These areas shall be protected from the public street and from parking areas. A minimum usable area of two thousand (2,000) square feet shall be set aside and developed for each mobile home park having at least ten (10) units and one hundred (100) square feet additional for each additional unit up to and including an additional ten (10) units, and fifty (50) square feet additional for each unit above twenty (20) units.

F.

Space Requirements: Each mobile home space shall meet the following requirements:

1.

That portion of the stand designed for the location of the mobile home shall be hard-surfaced with a concrete slab or concrete blocking squares to carry the weight of the mobile home. That portion of the stand designed for the location of cabana or other add-on enclosed space and patio as permitted shall be similarly hard-surfaced with concrete, brick, block or similar material over the overall area in addition to an appropriate and adequate foundation or support for such structures.

2.

Space between each mobile home, cabana or other add-on space shall be provided as follows (where there is more than one requirement, the more restrictive shall apply):

a.

From a mobile home to the mobile home on the opposite side of the access road: forty foot (40') minimum.

b.

Between a mobile home and a common parking area, or access road: ten foot (10') minimum.

c.

Between a mobile home and a public street: thirty feet (30').

d.

Between the side of any mobile home and the boundary of a mobile home park: fifteen feet (15') and fencing is required.

e.

Yard space between the end of a mobile home and the boundary line: fifteen foot (15') minimum. Where due to the shape of the mobile home space it is desirable to locate the mobile home closer to the boundary line, the planning commission may authorize a reduction to allow the corner or end of a mobile home to be not less than five feet (5') from the park boundary.

f.

Mobile homes shall be located so that they are spaced not less than fifteen feet (15') apart from side to side the entire length of the mobile home. Carport covers, patio covers, decks and awnings shall be not less than six feet (6') to any adjacent carport cover, deck, awning, patio cover or mobile home. This six foot (6') area runs parallel from front to rear of mobile home or recreational vehicle. Mobile homes must be not less than ten feet (10') apart from end to end.

G.

Layout: The park layout shall meet the following requirements:

1.

All access roads shall be retained as private roads on the property. The gradient of any road providing access either to the park or to an individual space shall be not more than eight percent (8%).

2.

The location of management office building shall be in accordance with the zoning ordinance regulating the location of main buildings; service buildings, if detached, shall also be located as required for accessory buildings. Service facilities may be provided as a part of the main building if desired.

(1985 Code § 19-22-17)

10-9G-15: - ELECTRIC SERVICE, WIRING, FUEL AND FIRE PROTECTION:

A.

Electrical Wiring: All electrical wiring shall be installed to conform with the requirements of the current edition of the national electrical code. An electrical outlet supplying at least one hundred ten (110) volts shall be provided for each space. Such electrical outlets shall be weatherproof. No person shall make an electrical connection for any mobile home or recreational vehicle without obtaining a permit and the approval of the community development director, except that previously approved electrical connection systems may be employed without obtaining such permit.

B.

Fuel Storage: Bulk storage of gasoline or other fuel shall be done only in compliance with the requirements of the national board of fire underwriters and in accordance with the city fire prevention code. All aboveground storage facilities shall be enclosed and screened from view by the use of ornamental fences, walls or hedges. Liquefied petroleum gas for cooking purposes shall not be used at individual mobile home spaces unless the containers are properly connected by copper or other suitable metallic tubing. Liquefied petroleum gas cylinders shall be securely fastened in place, and shall be adequately protected from the weather. No cylinder containing liquefied petroleum gas shall be located in a mobile home, nor within five feet (5') of a door thereof. Cooking and heating stoves shall be of a type approved by the fire underwriter's laboratory.

C.

Fire Protection: All mobile home parks shall be subject to the rules and regulations of the fire department and in accordance with the international fire code and applicable standards.

(1985 Code § 19-22-18; Ord. 815, 9-25-2012; Ord. 854, 5-6-2014)