Commission says single hooked-up RV can be a dwelling but code language needs clarification

The Bluff Planning & Zoning Commission concluded March 5 that a single recreational vehicle (RV) on a residential, nonconforming lot that meets utility and setback requirements can be occupied as a primary dwelling or rented, but the commission directed staff to clarify local code language.

The discussion began when Commissioner Brian Whitney summarized a resident inquiry about a lot with existing hookups that had historically been rented as a single RV space. Whitney told the commission the trailers have been removed and that the site ‘‘has all the stubs are perfectly there’’ for septic and utilities, and he said the resident wanted to know what is allowed going forward.

Planning staff read the town code aloud to the commission, noting rules that limit where RVs, tiny houses on wheels and mobile homes may be used as dwellings. The code permits certain short-term uses and allows nonconforming lots to place an RV if setbacks and other nonconforming provisions are met. Malia Collins, chair, said commissioners wanted the code to clearly allow a single hooked-up RV to be used as a dwelling where utilities and setbacks comply.

Commissioners emphasized the local point of enforcement is whether a parcel is nonconforming and whether on-site wastewater and building setbacks are met. Erin Nelson, town manager, advised confirming septic and precise setback measurements with a survey when necessary. Commissioners repeatedly said grandfathering protects existing setups: ‘‘We can't just go over and pull their RVs,’’ Marcia Hainfeld noted when discussing longstanding, nonconforming placements.

While the group agreed the resident in the example appears lawful to continue renting or occupying a single hooked-up RV, members said the zoning code does not currently state that unambiguously. The commission asked staff to draft edits to the zoning language during the code rework this year so the allowance is explicit and consistent with utilities and nonconforming-lot rules.

Next steps: staff will follow up with a written response to the resident and prepare proposed code clarifications for commission review as part of the larger zoning rework underway.