Bluff Planning and Zoning Commission narrows language on draft RV ordinance, seeks legal review

The Town of Bluff Planning and Zoning Commission on Jan. 2 reviewed a draft ordinance regulating recreational vehicle (RV) and mobile-home parks, corrected a numeric error about mobile-home density and directed staff to seek legal review from the town attorney before further edits.

Commission Chair Amanda Podmore led the discussion on definitions and standards after commissioners noted inconsistencies between the draft ordinance and the Bluff zoning code. Commissioners agreed the draft should explicitly reflect the zoning code’s current definitions for “nonconforming lot” and “nonconforming use,” and they corrected a prior draft error that had said one mobile home per acre when the zoning code allows one mobile home per half-acre in residential zones.

The commission discussed whether to retain several draft subsections that address continued use, abandonment, restoration after calamity and the effect of sale or transfer of ownership on nonconforming uses. Commissioners left provisions spelling out that a nonconforming use may continue indefinitely so long as it is not abandoned, that abandonment is a discontinuance of use for not less than one year, and that restoration after fire, flood or similar calamity must be completed within one year and comply with applicable codes. They agreed to retain language stating a nonconforming use shall not be expanded in scope, though it may be extended throughout an existing building without structural alterations, and that any such work must meet applicable building, zoning and health codes.

Commissioners debated a separate draft subsection that would have allowed the development of a nonconforming lot of record without meeting current lot-size standards. Members said they opposed keeping that subsection because it could be interpreted to permit proponents to propose new RV parks on undersized lots. One commissioner said they should strike that allowance. The commission’s working position was to retain subsections clarifying continuation, abandonment, sale/transfer requirements and restoration, and to remove the provision that would explicitly allow new development on nonconforming lots.

Commissioners also discussed who must bring nonconforming parks up to current standards in the event of a sale or transfer. The commission did not reach a legal conclusion and asked the town attorney to advise whether the draft should identify the seller, buyer or simply the property owner as responsible for compliance.

Chair Amanda Podmore said she would forward the current draft to the town attorney, asking for suggested edits and guidance on enforcement language and the sale/transfer issue. “I’ll send this to Chris tomorrow,” Podmore said.

The commission scheduled continued discussion of the draft at an upcoming work session and requested the town attorney review the draft to ensure enforcement mechanisms and references to the Bluff zoning code and administrative code are consistent and legally sufficient.

Ending: The Commission left the RV ordinance in draft form pending legal review and further work-session discussion. The group directed staff to request specific guidance from the town attorney on (1) who is responsible for bringing nonconforming parks into compliance upon sale or transfer, and (2) whether the draft’s enforcement and abandonment language is sufficient.