§ 153.201 RECREATIONAL TYPE VEHICLE AS A TEMPORARY DWELLING.
   (A)   Any owner of real property that is located within the town limits or family member or guest of such owner may occupy as a dwelling an RV located on such property for a period of not more than 90 days accumulative in any given calendar year if one of the following conditions is met.
      (1)   The RV has working bathroom facilities properly connected to in-ground water and sewer which has been installed and inspected pursuant to the appropriate building permit for said water and sewer as authorized in the town’s Building Code and in accordance with state law and the provisions of Southwest Utah Public Health Department.
      (2)   The RV with or without working bathroom facilities is parked within 100 feet of a dwelling located on the property which dwelling has working bathroom facilities hooked to a septic tank and drain field, and the bathroom facilities are continuously open and available to the occupant(s) of the RV.
      (3)   The RV has working self-contained bathroom facilities and is parked or stored on the real property, and is occupied only on an “occasional basis” not to exceed 90 days cumulatively in any calendar year.
   (B)   In addition to complying with one of the three requirements in division (A) above, the property owner must additionally comply with all of the following conditions.
      (1)   If a generator is used for electricity, the generator must not interfere with the quiet enjoyment of any other property owner.
      (2)   The RV and the surrounding property must be maintained in a manner that does not violate any local ordinances or state laws relating to health or nuisance.
      (3)   The RV must be occupied by the property owner, family members or guests of the owner strictly on a non-commercial basis.
      (4)   The owner has obtained a non-fee permit for said occupancy from the Town Clerk.
      (5)   Only two non-owner owned RVs may be located on the real property at any one time.
   (C)   Nothing herein shall be deemed to authorize private property to be used as an RV park or trailer park and the sole intent of this amendment is to allow property owners, their families and guests as described above to use an RV as a temporary means of inhabiting their property.
   (D)   As an exception to this chapter, any owner of real property may occupy an RV on the real property for a period of two weeks in any calendar year without obtaining a permit or complying with the provisions for sewer and water as required above so long as:
      (1)   The RV does not discharge any effluent onto the owner’s land or other lands; and
      (2)   The two-week exemption is utilized by the property owners, the owner’s family or other unpaid guests strictly on a non-commercial basis.
   (E)   All permits will be issued or renewed on an individual basis.
   (F)   (1)   The foregoing does not apply to mobile homes or any other dwellings occupied as permanent living quarters, all of which are classified as regulated dwellings.
      (2)   Any trailer of any type or motor coach incapable of locomotion on demand does not qualify as an “RV” for purposes of this chapter and cannot be used as a habitable dwelling without first complying with all provisions of the town ordinances and state law governing the health, safety and habitation of permanent dwellings.
   (G)   The foregoing does not apply to the exemption granted by § 153.156 of this chapter.
   (H)   A violation of this section constitutes a Class C misdemeanor. This section is also enforceable civilly by both a claim for injunction and damages.
(Ord. 46D, passed 8-4-2005; Ord. 59, passed 5-8-2008, § 1017)