Ordinance No. 4-701
AN ORDINANCE OF THE VILLAGE OF CLATONIA PROHIBITING FULL-TIME LIVING IN A RECREATIONAL VEHICLE ON YOUR OWN PROPERTY OR ANY PROPERTY THAT IS NOT DESIGNATED AS AN RV PARK OR CAMPGROUND. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF CLATONIA, NEBRASKA, AS FOLLOWS:
Section 1: This ordinance prohibits full-time recreational vehicle living due to zoning laws, health and safety concerns, and property values.
Definition of Recreational Vehicles - Not Limited to Those Listed
Recreational Vehicle means a vehicular type of unit primarily designed as temporary living quarters for recreational, camping, or travel use, which unit either has its own motive power or is mounted on or towed by another vehicle. Recreational Vehicles include, but are not limited to, travel trailers, park model recreational vehicles, camping trailers, truck campers, motor homes, and van conversions. Nebraska Statute 71-4603
Fifth-wheel trailer means a unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.
Camping trailer means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
Motor home means a vehicular unit primarily designed to provide temporary living quarters which are built into an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van, containing permanently installed independent life-support systems that meet the state standard for recreational vehicles and providing at least four of the following facilities: cooking; refrigeration or ice box; self-contained toilet; heating, air conditioning, or both; a potable water supply system including a faucet and sink; separate one-hundred-twenty-nominal-volt electrical power supply; or LP gas supply.
Travel trailer means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreation, camping, or travel use of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.
Truck camper means a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor and sides and designed to be loaded onto and unloaded from the bed of a pickup truck.
Park model recreational vehicle means a vehicular unit which meets the following criteria: (a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (b) is not permanently affixed to real property for use as a permanent dwelling; (c) is built on a single chassis
mounted on wheels with a gross trailer area not exceeding four hundred square feet in the set up mode; and (d) is certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard of the American National Standards Institute, 2020 edition.
Van conversion means a completed vehicle permanently altered cosmetically, structurally, or both which has been recertified by the state as a multipurpose passenger vehicle but which does not conform to or otherwise meet the definition of a motor home in and which contains at least one plumbing, heating, or one-hundred-twenty-nominal-volt electrical component subject to the provisions of the state standard for recreational vehicles. Van conversion does not include any such vehicle that lacks any plumbing, heating, or one-hundred-twenty-nominal-volt electrical system but contains an extension of the low- voltage automotive circuitry.
Section 2: Key Factors
Zoning Laws: The Village of Clatonia Zoning districts are designated for permanent structures only. Recreational Vehicles are considered temporary dwellings, not suitable for permanent residency.
Health and Safety Concerns: The Village of Clatonia Zoning Regulations require proper sewage disposal systems, water and electrical connections and have building codes which require permits and inspections to ensure they meet health and safety standards. There is concern with safety hazards with Recreational Vehicles that present an imminent and unreasonable risk of death or severe personal injury.
Property Values: The desire to maintain property values in the various zoning districts would be affected by the presence of Recreational Vehicles used for permanent residences.
Section 3: Temporary Residency
A Recreational Vehicle must be placed in a driveway or to the side of the permanent residence.
Recreational Vehicles may be permitted for temporary residential use for a period not to exceed one (1) year ONLY in cases of natural disaster, emergency displacement caused by fire or flooding, or during home repairs or renovations that render the residence uninhabitable. A Temporary Permit Application (Recreational Vehicle) MUST be obtained and approved by the Clatonia Board of Trustees within thirty (30) days of the qualifying event prior to allowing temporary residency. Permit has possible extension of up to one year with prior board approval, and absolutely no extension beyond two years.
Permit Fee is $25.00.
Section 4: Penalty and Fines
For EVERY WEEK a Recreational Vehicle is being used for temporary residency for reasons NOT listed above, there will be a one-hundred-dollar fee assessed to the property owner.
Section 5: Any conflicting provisions in the Village Code or other ordinances are hereby repealed. All other provisions in the Village Code shall remain in full force and effect except as revised herein.
Section 6: This Ordinance shall be published in pamphlet form. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as provided by law.
SUSPEND
READINGS ______________________________
PASSED, APPROVED, AND ADOPTED by the Village Board of Trustees of the Village of Clatonia, Gage County, Nebraska at their regular meeting held on this _______ day of _________________________, 20_______
_____________________________
Sheri Holsing, Chairwoman
ATTEST:
___________________________
Sarah Roth, Village Clerk
ORDINANCE NO. _4-620_____
AN ORDINANCE OF THE VILLAGE OF CLATONIA, GAGE COUNTY, NEBRASKA, REGULATING THE PLACEMENT OF DWELLINGS WITHIN THE VILLAGE; PROHIBITING THE INSTALLATION OR LOCATION OF NEW TRAILER HOUSES OR MOBILE HOMES WITHIN THE CORPORATE LIMITS OF THE VILLAGE; PROVIDING FOR THE CONTINUATION OF EXISTING TRAILER HOUSES AS LEGAL NONCONFORMING USES; ESTABLISHING STANDARDS FOR MODULAR HOMES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF CLATONIA, GAGE COUNTY, NEBRASKA AS FOLLOWS:
SECTION 1. PURPOSE.
The purpose of this Ordinance is to promote and preserve the health, safety, welfare, and property values of the Village of Clatonia by establishing minimum standards for residential structures and regulating the placement of trailer houses and modular homes.
SECTION 2. DEFINITIONS.
A. "Trailer House" or "Mobile Home" shall mean a transportable factory-built dwelling unit constructed on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation.
B. "Modular Home" shall mean a factory-built residential structure constructed in sections and assembled on a permanent foundation in accordance with all applicable state and local building codes.
SECTION 3. PROHIBITION OF NEW TRAILER HOUSES.
No person shall place, install, move, or occupy any new trailer house or mobile home within the corporate limits of the Village of Clatonia after the effective date of this Ordinance. No permit shall be issued for the placement or installation of a trailer house or mobile home.
SECTION 4. GRANDFATHERING OF EXISTING TRAILER HOUSES.
Any trailer house or mobile home lawfully existing within the Village on the effective date of this Ordinance shall be deemed a legal nonconforming use and may continue to be occupied and maintained.
In the event such trailer house or mobile home is removed from the property, destroyed, or damaged to the extent of fifty percent (50%) or more of its replacement value, the nonconforming status shall terminate and no replacement trailer house or mobile home shall be permitted.
SECTION 5. MODULAR HOMES PERMITTED.
Modular homes shall be permitted within the Village of Clatonia provided that:
A. The modular home is installed on a permanent foundation.
B. The modular home complies with all applicable state and local building, zoning, and utility requirements.
C. The modular home shall be no more than five (5) years old, as determined by the date of manufacture, at the time a building permit is issued. Modular homes more than five (5) years old but not exceeding ten (10) years old may be permitted only upon approval of the Village Board of Trustees. Modular homes that are eleven (11) years old or older, as determined by the date of manufacture, shall be prohibited and shall not be eligible for placement within the Village. For purposes of this section, the age of the modular home shall be measured from the current calendar year.
D. The modular home shall be used solely as a single-family residence.
SECTION 6. PERMITS REQUIRED.
No modular home shall be placed within the Village without first obtaining all required building, zoning, and utility permits.
SECTION 7. VIOLATIONS.
Any person violating the provisions of this Ordinance shall be deemed guilty of an offense and shall be subject to the penalties provided by the ordinances of the Village of Clatonia and applicable Nebraska law. Each day a violation continues shall constitute a separate offense.
SECTION 8. REPEAL OF CONFLICTING ORDINANCES.
Any conflicting provisions in the Village Code or other ordinances are hereby repealed. All other provisions in the Village Code shall remain in full force and effect except as revised herein.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall be published in pamphlet form. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as provided by law.
SUSPEND
READINGS ______________________________
PASSED, APPROVED, AND ADOPTED by the Village Board of Trustees of the Village of Clatonia, Gage County, Nebraska at their regular meeting held on this _______ day of _________________________, 20_______
_____________________________
Sheri Holsing, Chairwoman
ATTEST:
___________________________
Sarah Roth, Village Clerk