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Bluff reviews RV, mobile‑home and short‑term rental rules; attorney guidance sought on transfers and nonconforming uses
Summary
Planning & Zoning and council members debated draft rules for recreational vehicles, mobile‑home parks and short‑term rental transferability, asking the town attorney to clarify transfer rules and how nonconforming uses apply on sale.
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Bluff officials reviewed a Planning & Zoning draft ordinance addressing recreational vehicles (RVs), mobile‑home parks and short‑term rentals (STRs) at their March 20 joint meeting, focusing on definitions, density limits and whether STR permits transfer with property sales.
The draft drew several substantive comments. Commissioners flagged a residual table entry that would allow more mobile homes per acre than single houses on page 5 of the draft; the group agreed that language should be deleted so the code does not effectively prioritize mobile homes over houses. "It would just be more than what's allowed for a house… it would be discriminating against building a house," one participant said, noting a density reference that had not been removed.
Members also discussed how the draft treats short‑term rentals. Planning & Zoning had written the ordinance language to prevent automatic transfer of STR permits with property sales; several participants said they wanted the town attorney, Chris, to confirm that interpretation. "I don't think he will because he specifically approved the language in our short term [rental rule]," Anne said; others asked staff to verify whether the STR permit can be passed to a new owner or a family member under state law and local ordinance language.
The group reviewed the legal concept of nonconforming uses and sales. Chris (Town attorney) had previously advised that, except when abandoned, a nonconforming use can continue after a sale, meaning buyers may inherit an approved nonconforming use unless the ordinance requires remediation at transfer. Town members debated whether to require bringing properties up to current code on sale; one participant said the town should make buyers aware when they acquire a property not in compliance.
The draft also seeks to distinguish parking from camping for RVs. Possible definitions discussed included allowing parking (a short‑term, e.g., up to 24 hours) but defining camping as occupying the RV for living functions (cooking, sleeping overnight repeatedly). Participants raised enforcement concerns and community impacts: some said they do not want people to camp indefinitely on town streets, while others said people who are unsheltered may need safe places to live. "I don't care on that piece of it. There are too many people who are unsheltered, who need places, and if they have a vehicle they can live in…" one participant said.
Next steps: staff will send the draft to Attorney Chris for specific guidance on STR transferability, nonconforming uses on sale, and the parking/camping definitions and enforcement language. Planning & Zoning asked the council to review the draft technical edits and to confirm whether the commission should continue refining the ordinance. No final ordinance was adopted at the meeting.
Ending: The commission will refine the draft based on attorney guidance and planning direction; council and commissioners agreed to follow up on density wording, STR transferability and operational enforcement definitions.
