INITIAL NOTICE OF VIOLATION
Date of Notice: December 1, 2022
KM Koestler, LLC / Koestler Parks
c/o Kevin Koestler
169 Dickman Road
Bay Minette, AL 36507
Property Address: 175 Dickman Road
Parcel Number: 05-23-05-21-1-000-023.001
PPIN: 83581
Zoning: R-3, Higher Density Single Family Residential
RE: CE-21136, Oak Cove RV Park- Notice to Remedy Code Violations for Unauthorized R.V. Park
Mr. Koestler,
Please be advised that the City of Bay Minette Planning & Development Services Department has been made aware of an unauthorized Recreational Vehicle (RV) Park in operation within municipal limits at 175 Dickman Road. Records from the Baldwin County Revenue Commissioner's Office indicate you are the owner of said property, more specifically identified above. In order to correct the violations, operation of the RV Park must cease and desist immediately, and steps must be taken to bring the property into compliance within ten (10) days of this notification.
A Site Visit was conducted by the Building Official/Code Enforcement Officer on October 18, 2022, and October 26, 2022; and by the City Planner on November 28, 2022, at which point the operation of the unauthorized RV Park was confirmed. The City Zoning Ordinance and Subdivision Regulations include provisions regarding commercial land uses within the City as well as specific standards for the development and operation of RV Parks. A more detailed list of recognized violations is enclosed, however, the most significant violations requiring immediate attention are noted below:
- The RV Park and RVs are located on PIN 83581, which is zoned R-3, Higher Density Single Family Residential. RV Parks are only allowed with Planning Commission Approval in the R-5, Manufactured/ Mobile Home Residential District; the B-2, General Business District; or the M-1, Light Industrial District.
- All Recreational Vehicle (RV) Parks, shall meet the standards and requirements included in Section 4.22 of the Subdivision Regulations, including, but not limited to:
- RV Parks shall be planned and developed under the guidance of a Master Plan.
- No person shall engage in the construction of an RV Park until such time as it has been approved and applicable permits have been obtained for such construction.
- Manufactured homes, mobile homes or other similar structures are prohibited.
Accordingly, you are hereby notified that the City requires you to undertake all efforts to cease and desist the operation of the RV Park immediately, and steps taken to bring _the property into compliance. This letter serves as your Initial Notice of Violations; it is written to provide you with an opportunity to remedy this matter without further enforcement action by the City. I would ask you to contact me regarding your plans no later than ten (10) days from the date of this letter. Per the aforementioned City Zoning Ord inance and Subdivision Regulations, if you fail to take the required steps
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to bring the property into compliance within ten (10) days of this notification, the City will take all appropriate actions necessary, including but not limited to issuing a citation requiring you to appear before the municipal judge.
At minimum, the proper procedures and sequencing of requests that must be followed prior to the operation of an RV Park are listed below. Approval of any request is not guaranteed, and each subsequent action is contingent upon
approval of the prior request:
- A Rezoning Request to an appropriate district for the RV Park and/or Manufactured Housing Park (R-5, Manufactured/ Mobile Home Residential District)
- Request for Planning Commission Approval to use the site for an RV Park
- Request for Master Plan Approval/Planned Unit Development for the RV Park
- Request for Preliminary Plat Approval
- Construction/Installation of Improvements
- Request for Final Plat Approval
- Business License Application
All application documents can be found online at cityofbayminetteal.gov, under the Planning and Development Department page. Printed versions are also available at our office located on the 2nd Floor of City Hall, 301 D'Olive Street. If you have any questions or need additional information, please do not hesitate to contact the Planning Department at
(251) 580-1650 or COBM_Planning@cityofbayminetteal.gov.
Thank you for your time and attention to address this matter. I can be reached directly at (251) 580-1632 should you wish to discuss your plans to comply with this letter.
Sincerely,
Clair Dorough
City Planner
Cc: via email, contact@kparks.net
Enclosures:
1. List of Recognized Violations
2. Excerpt of Subdivision Regulations - Section 4.22, Recreational Vehicle Parks
City of Bay Minette
Planning & Development Services
Page 2 of 2
ECLOSURE: LIST OF RECOGNIZED VIOLATIONS
CE-21136, Oak Cove RV Park
Date of Initial Notice: December 1, 2022
Property Address: 175 Dickman Road
Parcel Number: 05-23-05-21-1-000-023.001
PPIN: 83581
Zoning: R-3, Higher Density Single Family Residential
The City Zoning Ordinance and Subdivision Regulations include provisions regarding commercial land uses within the City as well as specific standards for the development and operation of RV Parks. The remarks below are considered a list of violations noted from site visits conducted by staff on 10/18/2022, 10/26/2022 and 11/28/2022. These standards are the minimum requirements that must be addressed to bring the property and the RV Park into compliance but is in
no way considered an exhaustive compilation.
Zoning Ordinance Violations
1. A commercial use has been illegally established and the Oak Cove RV Park has been illegally occupied without prior zoning approval and in a manner that is in conflict with the standards of the Zoning Ordinance. Per Section 7. 1 Use, no building, structure or land shall hereafter be used or occupied, and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is or is to be located. ft shall be the responsibility of the owner/developer to show proof of compliance with the requirements of this Ordinance.
2. The RV Park and RVs are located on PIN 83581, which is zoned R-3, Higher Density Single Family Residential. An RV Park is not a permitted use in the R-3 zoning district. Per Section 8.10, Table of Permitted Uses, RV Parks are only allowed with Planning Commission Approval in the R-5, Manufactured/Mobile Home Residential District; the 8-2, General Business District; or the M-1, Light Industrial District.
3. Planning Commission Approval was not received for the RV Park use. Per Section 8.8.2, Uses Requiring Planning Commission Approval must have an application submitted to the Planning Commission for approval and be accompanied by a site plan prepared by the applicant or his agent. Site Plans must be prepared in accordance with Section 8.9.3. Such uses/applications will be reviewed by the Planning Commission for the location and the site plan as being appropriate with regard to transportation, access, water supply, waste disposal, fire and police
protection and other public facilities; as not causing undue traffic congestion or creating a traffic hazard; and as being in harmony with the orderly and appropriate development of the district in which the use is located.
4. The previous manufactured home park was considered a non-conforming use in the R-3 zoning district. Per Section 7.18.2 Alterations, any change in a non-conforming building site or yard area requires that any improvements, alterations, repairs or installation of new fixtures or equipment for an existing non-conforming structure may be accomplished by the owner of the structure upon obtaining the proper permits or applications from the City Planner and Building Official, provided that such improvements will bring into conformity, if possible, or that it will at least not increase, unnecessarily, the nonconformity and will in all other respects, meet the requirements of the district in which it is located.
5. The non-conforming status of the previous manufactured home park does not apply to new structures or recreational vehicles. Per Section 1.18.2.3, a non-conforming use of land shall be restricted to the lot occupied by ·
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such use as of the effective date of this Ordinance. A non-conforming use of a building or buildings shall not be extended to include either additional buildings or land after the effective date of this Ordinance.
6. A Commercial Banner/Wind Sign Permit was not received. Per Section 16.5.5 Commercial Banners and Wind Signs, Banners and Wind Signs may be utilized by commercial establishments provided that at least five business days before signs are to be posted, a Commercial Banner/Wind Sign Permit is submitted by the designated representative of the business or commercial establishment with a sign installation and removal plan. Commercial Banners may only be posted up to thirty (30) days; each sign or banner shall require a separate permit, and no more than four (4) permits per calendar year shall be issued for any one commercial establishment.
Subdivision Regulation Violations
1. RV Parks shall be planned and developed under the guidance of a Master Plan and established as a whole in a single, unified development operation or as a series of phased development operations.
2. The master plan shall be a conceptual plan showing the entire development site and all component stages or phases and shall express the overall development concept for the site at
build-out.
3. The applicant shall submit a written request for review and approval by the Planning Commission and a copy of said master plan. The master plan shall be of sufficient detail to show the proposed street, sidewalk and lot layout, drainage, utilities, detention, common, recreational, and landscaped areas.
4. All recreational vehicle parks within the corporate limits of the City of Bay Minette shall conform to the Comprehensive Plan, the Zoning Ordinance of the City, and any other official development or planning document of the City of Bay Minette.
5. No person shall engage in the construction of an RV Park until such time as it has been approved and applicable permits have been obtained for such construction.
6. Recreational vehicle parks are uses permitted subject to the approval of the Planning Commission.
7. No recreational vehicle park shall be located except with direct access from a collector or arterial roadway with a minimum lot width of not less than one hundred (100) feet for the portion used for entrance and exit.
8. Unless otherwise determined by a professional engineer, undercut, backfill, or other base and subbase
requirements shall be in accordance with a geotechnical report prepared and signed by a licensed professional engineer The minimum street pavement thickness requirement is two- and one-half inches (2.5'1 and shall consist of one- and one-half inch (1.5'J bituminous binder layer and one inch (1'; bituminous surface course placed over a minimum of eight inches (8'; of stabilized base. Streets shall meet the City's latest approved technical specifications for streets.
9. The minimum land area for a recreational vehicle park shall be five (5) acres.
10. A drainage plan shall be made for each recreational vehicle park by the Owner's Engineer
11. Fire hydrants shall be installed along each street every six hundred (600) feet, or at the ends and center of each block. The water supply and pressure shall be sufficient to adequately serve the potential needs of the intended land use. ·
12. Recreational Vehicle Sites shall only be rented by the day, week, or month and users shall not occupy any RV Site in the same recreational vehicle park for a duration exceeding 180 days per calendar year
13. A landscaped buffer with a minimum width of twenty (20) feet shall be provided on the property lines. Said buffer shall consist of a combination of canopy trees, understory trees and shrubs which shall be of sufficient height to create a visual barrier.
14. Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress if the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering room shall be provided in the adjacent internal street and within the space.
City of Bay Minette
Planning & Development Services
Page 2 of 3
Continued: CE-21136 - Enclosure: List of Violations
15. Spaces for non-self-contained units shall be located within two hundred (200) feet by normal pedestrian routes of toilet, washroom, and bath facilities.
16. Spaces for self-contained units, operating as such, may not be located more than four hundred (400) feet by normal pedestrian routes from toilet, washroom, and bath facilities.
17. All RN units or accessory buildings shall be parked or located at least 25 feet from any public roadway or right-of-way.
18. No structures, camp sites or RV spaces may encroach into the following minimum setbacks:
a. Front yard: 35 ft
b. Side yard: 30 ft
c. Rear yard: 35 ft
d. All required yards shall be permanently landscaped and maintained with ground cover, trees and shrubs
19. The following facilities must be provided, at a minimum, for the exclusive use of park occupants: two toilets and lavatories for every 15 Recreational Vehicle Sites or fraction thereof not provided with a water connection, two shower facilities and a washer and dryer.
20. Two-cubic yard or larger waste containers must be located within 300 ft of every Recreational Vehicle Site, but no closer than 100 ft. Alternatively, the Planning Director may approve the use of individual waste containers for each Recreational Vehicle Site provided the park operator provides for regular waste pickup from Recreational Vehicle Sites.
21. One or more storm shelters must be provided on-site with a minimum floor area of seven (1) square feet for each Recreational Vehicle Site and camp site and be located no more than 1,320 linear ft from the furthest Recreational Vehicle Site.
22. Shelters must be designed by a licensed structural engineer or architect, must comply with all applicable City Building Codes and be installed as approved by the Building Official. Shelters must meet all applicable requirements of the Americans with Disabilities Act and, if located within a floodplain, must meet all FEMA requirements.
23. Manufactured homes, mobile homes or other similar structures are prohibited.
City of Bay Minette
Planning & Development Services
Page 3 of 3
ENCLOSURE: EXCERPT FROM SUBDIVISION REGULATIONS
CE-21136, Oak Cove RV Park
Date of Initial Notice: December 1, 2022
Property Address: 175 Dickman Road
Parcel Number: 05-23-05-21 -1-000-023.001
PPIN: 83581
Zoning: R-3, Higher Density Single Family Residential
The following is an excerpt directly from the City of Bay Minette Subdivision Regulations of Section 4.22, Recreational Vehicle Parks. This section provides for specific standards and requirements applicable to the construction and development of all Recreational Vehicle (RV) Parks. These standards are included for your reference as the minimum design standards that must be met for the development of an RV Park but is in no way considered an exhaustive compilation regarding zoning approval or the operation of an RV Park. The full Subdivision Regulations and Zoning Ordinance can be found on the Planning & Development Services website or printed versions can be made available at the office.
SECTION 4.22 RECREATIONAL VEHICLE PARKS
This section provides for all rules and regulations applicable to all Recreational Vehicle (RV) Parks, which shall meet the standards and requirements herein.
4.22.01
All RV Parks shall be primarily for recreational use by persons with transportable recreational housing, and associated accessory uses and structures. Recreational vehicles are primarily designed as temporary living quarters for recreational, camping, or travel use. RV Parks may operate on a year round basis, however, no recreational vehicle shall be used as a permanent residential dwelling.
4.22.02
RV Parks shall be planned and developed under the guidance of a Master Plan and established as a whole in a single, unified development operation or as a series of phased development operations. The land on which RV Parks are established shall remain under a unified ownership and control providing for the accommodation of transient and temporary recreational vehicles, including travel trailers, campers, motor homes, and similar transient vehicles, that are not occupied in the same recreational vehicle park for a duration exceeding 180 days per calendar year.
4.22.03
Subsequent subdivision of lots or conveyance of sites to individual owners by any means is prohibited: If RV sites are sold, or if transient and temporary recreational vehicles, including travel trailers, campers, motor homes, and similar transient vehicles, are occupied in the same recreational vehicle park for a duration exceeding 180 days per calendar year, then the development shall be in violation of this ordinance and the Subdivision Regulations and shall be subject to all measures of enforcement and penalty herein, and may be required to proceed through the standard subdivision review process and comply with all applicable Subdivision Regulations.
4.22.04
Conformity. All recreational vehicle parks within the corporate lim its of the City of Bay Minette shall conform to the Comprehensive Plan, the Zoning Ordinance of the City, and any other official development or planning document of the City of Bay Minette.
4.22.05
Approval Required. No person shall engage in the construction of an RV Park or make any addition or alteration to any recreational vehicle park so as to alter the number of RV Sites therein, or affect the facilities required therein, until such time as it has been approved and applicable permits have been obtained for such addition, alteration or construction.
4.22.06
Suitability of the Land. Land which the Planning Commission has found to be unsuitable for development due to flooding, inadequate drainage, and features likely to be harmful to the safety, health, and general welfare of the future residents shall not be subdivided for the purpose of an RV Park unless adequate methods approved by all public agencies concerned are formulated by the developer and demonstrated to provide appropriate mitigation to those impacts created by the development of the land.
4.22.07
Nothing in this Article shall be construed as a responsibility or liability of the City of Bay Minette to construct, operate or maintain any private street, drainage, open area, park, recreational or other facility. The developer/owner may petition the City Council to accept maintenance if built to the City specifications, but the City is under no obligation to accept.
4.22.08
Sale or Transfer. Notwithstanding a proper subdivision of a parcel, a parcel on which a recreational vehicle park is located may only be sold in its entirety. Individual RV Sites within a recreational vehicle park may not be transferred or sold.
4.22.09
Recreational vehicle parks are uses permitted subject to the approval of the Planning Commission and the requirements of the following provisions:
4.22.09.01
Streets. The proposed street layout shall be coordi nated with the existing street system of the surrounding area and be designed and constructed in accordance with the City of Bay Minette Subdivision Regulations.
4.22.09.02
No recreational vehicle park shall be located except with direct access from a collector or arterial roadway with a minimum lot width of not less than one hundred (100) feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district. Individual spaces shall have access to internal streets and shall not have direct access to adjoining public rights-of-way.
4.22.09.03
Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned Aame of the existing streets. In no case shall the name for the proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc.
4.22.09.04
Unless otherwise determined by a professional engineer, undercut, backfill, or other base and subbase requirements shall be in accordance with a geotechnical report prepared and signed by a licensed professional engineer. The minimum street pavement thickness requirement is two- and one-half inches (2.5") and shall consist of one- and one-half inch (1 .5") bituminous binder layer and one inch (1") bituminous surface course placed over a minimum of eight inches (8") of stabilized base. Streets shall meet the City's latest approved technical specifications for streets.
4.22.09.05
Proposed streets must have a minimum weight load of 80,000 pounds to accommodate emergency vehicles.
4.22.09.06
Intersections with a major thoroughfare shall maintain a minimum separation of three hundred (300) feet measured from center line to center line, wherever possible.
4.22.09.07
The internal roadways of the recreational vehicle park shall, at a minimum, provide safe travel for the residents and emergency responders. The internal roadways must be a minimum of twenty-two feet (22') wide for two-way streets and twelve feet (12') wide for one-way streets. Parallel parking along the vehicular drive requires at least ten feet (10') in additional width.
4.22.09.08
Permanent dead-end streets shall not exceed six hundred (600) feet in length, and shall be provided with a turnaround having a roadway diameter of at least ninety-six feet (96') and a right-of-way diameter of at least one hundred twenty feet (120'). Temporary dead-end streets shall be provided with a turnaround having a forty-five-foot (45') radius. Cul-de-sacs shall not be used to avoid connection with an existing street.
4.22.09.09
All Recreational Vehicle Sites and all parking, sanitary, recreation and other common facilities must be accessed from an internal vehicular drive designed to accommodate recreational vehicles.
4.22.09.10
All internal roadways vehicular drives must be maintained by the park owner or operator and open for access at all times to emergency vehicles.
4.22.10
Allowable Uses. The allowable uses in a recreational vehicle park include the following:
4.22.11
Site Design Requirements.
4.22.11.01
The following site design requirements shall be met:
1. The minimum land area for a recreational vehicle park shall be five (5) acres.
2. The maximum density for a recreational vehicle park shall be ten (10) spaces per acre.
3. Only one (1) RV allowed per Recreational Vehicle Site.
4.22.11.02
Internal streets shall provide safe and convenient access to spaces and appropriate park facilities. Alignment and gradient shall be properly adapted to topography. Construction and maintenance shall provide a well-drained and dust-free surface that is of adequate width to accommodate anticipated traffic.
4.22.11.03
Easements. Utility easements centered on rear or side RV Site lines shall be provided where deemed necessary by the Planning Commission and shall be at least twenty (20) feet in width.
4.22.11.04
Drainage. A drainage plan shall be made for each recreational vehicle park by the Owner's Engineer. The plan shall take into consideration the ultimate or saturated development of the tributary area in which the proposed recreational vehicle park is located. Adequate provisions shall be made to provide drainage easements needed within the development property/site. The storm sewer plans shall be worked out prior to the development of the other utility plans. Engineering considerations shall give
preferential treatment of these gravity flow improvements, as opposed to other utilities and improvements. Off premise drainage easements and improvements may be required to handle the runoff of the development into a natural drainage channel. The Planning Commission may require whatever additional engineering information it deems necessary to make a decision on a recreational vehicle park which contains an area of questionable drainage.
4.22.11.05
Fire Hydrants. Fire hydrants shall be installed along each street every six hundred (600) feet, or at the ends and center of each block. The water supply and pressure shall be sufficient to adequately serve the potential needs of the intended land use.
4.22.11.06
Utilities. All utilities, unless specifically addressed herein, shall be provided in accordance with Article 5 of these regulations. A contour map at one (1) foot intervals shall be provided as requested by the Planning Commission. The Planning Commission may require a different contour interval depending upon topographic and drainage characteristics.
4.22.11.07
Minimum twenty percent (20%) open space excluding required stormwater/drainage infrastructure. The minimum twenty percent (20%) shall be reserved collectively in contiguous areas accessible to all the Recreational Vehicle Sites and maintained by the property owners. This open space is to be used for: accessory uses, parks, recreation facilities, sidewalks, clubhouse, pool, and similar such uses.
4.22.11.08
Users of the Recreational Vehicle Sites shall meet all other applicable laws. Recreational Vehicle Sites shall only be rented by the day, week, or month and users shall not occupy any RV Site in the same recreational vehicle park for a duration exceeding 180 days per calendar year.
4.22.11.09
Recreational Vehicle Parks, and the RV Sites therein, shall not be used for storage. Users of RV Sites shall occupy the RV Site as a living quarter, subject to the terms and restrictions of these regulations. Placement of an RV on a Recreational Vehicle Park, or any RV Site therein, without occupancy as a living quarter for a period of seven (7) days or more is deemed storage for purposes of this Section.
4.22.11.10
Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of an RV park are permitted as accessory uses in any district in which recreational parks are allowed, provided:
4.22.11.11
No RV Site shall be so located that any part intended for occupancy for sleeping purposes shall be within one hundred (100) feet of the right-of-way line of any major, or collector street, or of any minor street. In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval of the County Health Department.
4.22.11.12
The proposed site shall be properly landscaped the purpose of which is to further enhance the natural qualities of the land. A landscaped buffer with a minimum width of twenty (20) feet shall be provided on the property lines. Said buffer shall consist of a combination of canopy trees, understory trees and shrubs which shall be of sufficient height to create a visual barrier.
4.22.11.13
Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
4.22.11.14
Native vegetation shall be used where practicable and landscaping plans submitted for review shall identify which plants are native species.
4.22.11.15
Site and landscaping plans will be approved by City Planner.
4.22.11.16
Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress if the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering room shall be provided in the adjacent internal street and within the space.
4.22.11.17
Where spaces are to be used exclusively for erection of tents on the ground, provision for vehicular access onto such spaces shall not be required, but parking areas shall be located within one hundred (100) feet, except in circumstances in which providing such vehicular accessibility would result in excessive destruction of trees or other vegetation, or where it would be impractical to provide such parking areas within such distances for particularly desirable campsites.
4.22.11.18
Spaces shall be so related to pedestrian ways and principal destinations within the park as to provide for convenient pedestrian access to such destinations by the pedestrian system.
4.22.11.19
Each Recreational Vehicle Site shall contain a minimum of 1,200 square feet in area. Each tent space shall be a minimum of 500 square feet in area. Each R.V or tent space shall be clearly identified.
4.22.11.20
Spaces for non-self-contained units shall be located within two hundred (200) feet by normal pedestrian routes of toilet, washroom, and bath facilities.
4.22.11.21
Spaces for self-contained units, operating as such, may not be located more than four hundred (400) feet by normal pedestrian routes from toilet, washroom, and bath facilities.
4.22.11.22
Spaces shall be so located that when used, clearance from units, including attached awning and the like, shall be as follows:
4.22.11.23
Where fireplaces, cooking shelters, or similar facilities for open fires or outdoor cooking are provided within spaces or elsewhere, they shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance within the park and in adjoining areas.
4.22.11.24
All R/V units or accessory buildings shall be parked or located at least 25 feet from any public roadway or right-of-way.
4.22.11.25
No structures, camp sites or RV spaces may encroach into the following minimum setbacks:
4.22.11.26
A complete landscaped buffer, meeting the requirements of this Ordinance, located along the boundary of each recreational vehicle park except where crossed by driveways.
4.22.11.27
Minimum open space recreation area. At least 5,000 sf for the first 20 RV spaces plus 150 sf for each additional RV space.
4.22.11.28
Parking. At least one parking space must be provided for each camp site plus one parking space per employee. Parking spaces are not required to be paved but must be graded and surfaced as approved by the Director.
4.22.11.29
Lighting. All vehicular drives, walkways and common areas must be adequately lighted for vehicular and pedestrian traffic safety. Lighting must be arranged and designed to minimize illuminating individual RV spaces and camp sites.
4.22.11.30
Utilities. The entire developed area shall be adequately served by public water and sanitary sewer facilities meeting all requirements of the water provider, the sewer provider or the Baldwin County Health Department, and the City.
4.22.11.31
The proposed site shall be properly landscaped the purpose of which is to further enhance the natural qualities of the land. A landscaped buffer with a minimum width of twenty (20) feet shall be provided on the property lines. Said buffer shall consist of a combination of canopy trees, understory trees and shrubs which shall be of sufficient height to create a visual barrier.
4.22.11.32
Storm Shelters. One or more storm shelters must be provided on-site as follows:
This requirement may be waived if the applicant shows satisfactory evidence that a storm shelter is available with unrestricted public access within one-half mile of the campground.
4.22.12
Standards for Recreational Vehicle Sites
4.22.12.01
Each Recreational Vehicle Sites must be at least 500 sf in area. Sites for non-motorized recreational vehicles must be large enough for the RV and the passenger vehicle pulling the RV unless parking is provided for the passenger vehicle within 150 ft of the space served.
4.22.12.02
No occupied RV may be located anywhere but in an approved Recreational Vehicle Site and only one recreational vehicle may be located in each Recreational Vehicle Site.
4.22.12.03
Recreational Vehicle Sites must be designed to provide at least 20 feet of separation between RVs in adjoining sites.
4.22.13
Occupation
4.22.13.01
RV Parks are intended for transient use and in no case shall an RV occupy a park for longer than 180 days.
4.22.13.02
Manufactured homes, mobile homes or other similar structures are prohibited.
Date of Initial Notice: December 1, 2022
Property Address: 175 Dickman Road
Parcel Number: 05-23-05-21 -1-000-023.001
PPIN: 83581
Zoning: R-3, Higher Density Single Family Residential
The following is an excerpt directly from the City of Bay Minette Subdivision Regulations of Section 4.22, Recreational Vehicle Parks. This section provides for specific standards and requirements applicable to the construction and development of all Recreational Vehicle (RV) Parks. These standards are included for your reference as the minimum design standards that must be met for the development of an RV Park but is in no way considered an exhaustive compilation regarding zoning approval or the operation of an RV Park. The full Subdivision Regulations and Zoning Ordinance can be found on the Planning & Development Services website or printed versions can be made available at the office.
SECTION 4.22 RECREATIONAL VEHICLE PARKS
This section provides for all rules and regulations applicable to all Recreational Vehicle (RV) Parks, which shall meet the standards and requirements herein.
4.22.01
All RV Parks shall be primarily for recreational use by persons with transportable recreational housing, and associated accessory uses and structures. Recreational vehicles are primarily designed as temporary living quarters for recreational, camping, or travel use. RV Parks may operate on a year round basis, however, no recreational vehicle shall be used as a permanent residential dwelling.
4.22.02
RV Parks shall be planned and developed under the guidance of a Master Plan and established as a whole in a single, unified development operation or as a series of phased development operations. The land on which RV Parks are established shall remain under a unified ownership and control providing for the accommodation of transient and temporary recreational vehicles, including travel trailers, campers, motor homes, and similar transient vehicles, that are not occupied in the same recreational vehicle park for a duration exceeding 180 days per calendar year.
4.22.03
Subsequent subdivision of lots or conveyance of sites to individual owners by any means is prohibited: If RV sites are sold, or if transient and temporary recreational vehicles, including travel trailers, campers, motor homes, and similar transient vehicles, are occupied in the same recreational vehicle park for a duration exceeding 180 days per calendar year, then the development shall be in violation of this ordinance and the Subdivision Regulations and shall be subject to all measures of enforcement and penalty herein, and may be required to proceed through the standard subdivision review process and comply with all applicable Subdivision Regulations.
4.22.04
Conformity. All recreational vehicle parks within the corporate lim its of the City of Bay Minette shall conform to the Comprehensive Plan, the Zoning Ordinance of the City, and any other official development or planning document of the City of Bay Minette.
4.22.05
Approval Required. No person shall engage in the construction of an RV Park or make any addition or alteration to any recreational vehicle park so as to alter the number of RV Sites therein, or affect the facilities required therein, until such time as it has been approved and applicable permits have been obtained for such addition, alteration or construction.
4.22.06
Suitability of the Land. Land which the Planning Commission has found to be unsuitable for development due to flooding, inadequate drainage, and features likely to be harmful to the safety, health, and general welfare of the future residents shall not be subdivided for the purpose of an RV Park unless adequate methods approved by all public agencies concerned are formulated by the developer and demonstrated to provide appropriate mitigation to those impacts created by the development of the land.
4.22.07
Nothing in this Article shall be construed as a responsibility or liability of the City of Bay Minette to construct, operate or maintain any private street, drainage, open area, park, recreational or other facility. The developer/owner may petition the City Council to accept maintenance if built to the City specifications, but the City is under no obligation to accept.
4.22.08
Sale or Transfer. Notwithstanding a proper subdivision of a parcel, a parcel on which a recreational vehicle park is located may only be sold in its entirety. Individual RV Sites within a recreational vehicle park may not be transferred or sold.
4.22.09
Recreational vehicle parks are uses permitted subject to the approval of the Planning Commission and the requirements of the following provisions:
4.22.09.01
Streets. The proposed street layout shall be coordi nated with the existing street system of the surrounding area and be designed and constructed in accordance with the City of Bay Minette Subdivision Regulations.
4.22.09.02
No recreational vehicle park shall be located except with direct access from a collector or arterial roadway with a minimum lot width of not less than one hundred (100) feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district. Individual spaces shall have access to internal streets and shall not have direct access to adjoining public rights-of-way.
4.22.09.03
Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned Aame of the existing streets. In no case shall the name for the proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc.
4.22.09.04
Unless otherwise determined by a professional engineer, undercut, backfill, or other base and subbase requirements shall be in accordance with a geotechnical report prepared and signed by a licensed professional engineer. The minimum street pavement thickness requirement is two- and one-half inches (2.5") and shall consist of one- and one-half inch (1 .5") bituminous binder layer and one inch (1") bituminous surface course placed over a minimum of eight inches (8") of stabilized base. Streets shall meet the City's latest approved technical specifications for streets.
4.22.09.05
Proposed streets must have a minimum weight load of 80,000 pounds to accommodate emergency vehicles.
4.22.09.06
Intersections with a major thoroughfare shall maintain a minimum separation of three hundred (300) feet measured from center line to center line, wherever possible.
4.22.09.07
The internal roadways of the recreational vehicle park shall, at a minimum, provide safe travel for the residents and emergency responders. The internal roadways must be a minimum of twenty-two feet (22') wide for two-way streets and twelve feet (12') wide for one-way streets. Parallel parking along the vehicular drive requires at least ten feet (10') in additional width.
4.22.09.08
Permanent dead-end streets shall not exceed six hundred (600) feet in length, and shall be provided with a turnaround having a roadway diameter of at least ninety-six feet (96') and a right-of-way diameter of at least one hundred twenty feet (120'). Temporary dead-end streets shall be provided with a turnaround having a forty-five-foot (45') radius. Cul-de-sacs shall not be used to avoid connection with an existing street.
4.22.09.09
All Recreational Vehicle Sites and all parking, sanitary, recreation and other common facilities must be accessed from an internal vehicular drive designed to accommodate recreational vehicles.
4.22.09.10
All internal roadways vehicular drives must be maintained by the park owner or operator and open for access at all times to emergency vehicles.
4.22.10
Allowable Uses. The allowable uses in a recreational vehicle park include the following:
- Recreational vehicles
- Tents
- Convenience establishments for the sale or rental of supplies or for provision of services, for the satisfaction of daily or frequent needs of campers, within the park may be permitted. These establishments-may provide groceries, ice, sundries, bait, fishing equipment, self-service laundry equipment, bottled gas, and other similar items needed by users of the park. These establishments shall be designed to serve only the needs of the campers within the park and shall not, including their parking areas, occupy more than five percent (5%) of the area of the park, and shall not be so located as to attract patronage from outside the grounds, nor have adverse effects on surrounding land uses.
- Operational Headquarters. Management headquarters, recreation facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to the operations of a park shall not occupy more than ten percent (10%) of the park area, and shall be restricted in their use to occupants of the park.
4.22.11
Site Design Requirements.
4.22.11.01
The following site design requirements shall be met:
1. The minimum land area for a recreational vehicle park shall be five (5) acres.
2. The maximum density for a recreational vehicle park shall be ten (10) spaces per acre.
3. Only one (1) RV allowed per Recreational Vehicle Site.
4.22.11.02
Internal streets shall provide safe and convenient access to spaces and appropriate park facilities. Alignment and gradient shall be properly adapted to topography. Construction and maintenance shall provide a well-drained and dust-free surface that is of adequate width to accommodate anticipated traffic.
4.22.11.03
Easements. Utility easements centered on rear or side RV Site lines shall be provided where deemed necessary by the Planning Commission and shall be at least twenty (20) feet in width.
4.22.11.04
Drainage. A drainage plan shall be made for each recreational vehicle park by the Owner's Engineer. The plan shall take into consideration the ultimate or saturated development of the tributary area in which the proposed recreational vehicle park is located. Adequate provisions shall be made to provide drainage easements needed within the development property/site. The storm sewer plans shall be worked out prior to the development of the other utility plans. Engineering considerations shall give
preferential treatment of these gravity flow improvements, as opposed to other utilities and improvements. Off premise drainage easements and improvements may be required to handle the runoff of the development into a natural drainage channel. The Planning Commission may require whatever additional engineering information it deems necessary to make a decision on a recreational vehicle park which contains an area of questionable drainage.
4.22.11.05
Fire Hydrants. Fire hydrants shall be installed along each street every six hundred (600) feet, or at the ends and center of each block. The water supply and pressure shall be sufficient to adequately serve the potential needs of the intended land use.
4.22.11.06
Utilities. All utilities, unless specifically addressed herein, shall be provided in accordance with Article 5 of these regulations. A contour map at one (1) foot intervals shall be provided as requested by the Planning Commission. The Planning Commission may require a different contour interval depending upon topographic and drainage characteristics.
4.22.11.07
Minimum twenty percent (20%) open space excluding required stormwater/drainage infrastructure. The minimum twenty percent (20%) shall be reserved collectively in contiguous areas accessible to all the Recreational Vehicle Sites and maintained by the property owners. This open space is to be used for: accessory uses, parks, recreation facilities, sidewalks, clubhouse, pool, and similar such uses.
4.22.11.08
Users of the Recreational Vehicle Sites shall meet all other applicable laws. Recreational Vehicle Sites shall only be rented by the day, week, or month and users shall not occupy any RV Site in the same recreational vehicle park for a duration exceeding 180 days per calendar year.
4.22.11.09
Recreational Vehicle Parks, and the RV Sites therein, shall not be used for storage. Users of RV Sites shall occupy the RV Site as a living quarter, subject to the terms and restrictions of these regulations. Placement of an RV on a Recreational Vehicle Park, or any RV Site therein, without occupancy as a living quarter for a period of seven (7) days or more is deemed storage for purposes of this Section.
4.22.11.10
Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of an RV park are permitted as accessory uses in any district in which recreational parks are allowed, provided:
- Such establishments and the parking area primarily related to their operations shall not occupy more than ten percent (10%) of the area of the park.
- Such establishments shall be restricted in their use to occupants of the park.
- Such establishments shall prevent no visible evidence of their commercial character which would attract customers other than occupants of the park.
4.22.11.11
No RV Site shall be so located that any part intended for occupancy for sleeping purposes shall be within one hundred (100) feet of the right-of-way line of any major, or collector street, or of any minor street. In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval of the County Health Department.
4.22.11.12
The proposed site shall be properly landscaped the purpose of which is to further enhance the natural qualities of the land. A landscaped buffer with a minimum width of twenty (20) feet shall be provided on the property lines. Said buffer shall consist of a combination of canopy trees, understory trees and shrubs which shall be of sufficient height to create a visual barrier.
4.22.11.13
Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
4.22.11.14
Native vegetation shall be used where practicable and landscaping plans submitted for review shall identify which plants are native species.
4.22.11.15
Site and landscaping plans will be approved by City Planner.
4.22.11.16
Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress if the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering room shall be provided in the adjacent internal street and within the space.
4.22.11.17
Where spaces are to be used exclusively for erection of tents on the ground, provision for vehicular access onto such spaces shall not be required, but parking areas shall be located within one hundred (100) feet, except in circumstances in which providing such vehicular accessibility would result in excessive destruction of trees or other vegetation, or where it would be impractical to provide such parking areas within such distances for particularly desirable campsites.
4.22.11.18
Spaces shall be so related to pedestrian ways and principal destinations within the park as to provide for convenient pedestrian access to such destinations by the pedestrian system.
4.22.11.19
Each Recreational Vehicle Site shall contain a minimum of 1,200 square feet in area. Each tent space shall be a minimum of 500 square feet in area. Each R.V or tent space shall be clearly identified.
4.22.11.20
Spaces for non-self-contained units shall be located within two hundred (200) feet by normal pedestrian routes of toilet, washroom, and bath facilities.
4.22.11.21
Spaces for self-contained units, operating as such, may not be located more than four hundred (400) feet by normal pedestrian routes from toilet, washroom, and bath facilities.
4.22.11.22
Spaces shall be so located that when used, clearance from units, including attached awning and the like, shall be as follows:
- From units on adjoining spaces: 10 feet.
- From internal streets of common parking area: 10 feet.
- From portions of building not containing uses likely to disturb occupants, or constructed or oriented so that noise and lights will not be disturbing to occupants of other spaces: 25 feet.
- From any other use or fueling facility: 50 feet.
4.22.11.23
Where fireplaces, cooking shelters, or similar facilities for open fires or outdoor cooking are provided within spaces or elsewhere, they shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance within the park and in adjoining areas.
4.22.11.24
All R/V units or accessory buildings shall be parked or located at least 25 feet from any public roadway or right-of-way.
4.22.11.25
No structures, camp sites or RV spaces may encroach into the following minimum setbacks:
- Front yard: 35 ft
- Side yard: 30 ft
- Rear yard: 35 ft
- All required yards shall be permanently landscaped and maintained with ground cover, trees and shrubs
4.22.11.26
A complete landscaped buffer, meeting the requirements of this Ordinance, located along the boundary of each recreational vehicle park except where crossed by driveways.
4.22.11.27
Minimum open space recreation area. At least 5,000 sf for the first 20 RV spaces plus 150 sf for each additional RV space.
4.22.11.28
Parking. At least one parking space must be provided for each camp site plus one parking space per employee. Parking spaces are not required to be paved but must be graded and surfaced as approved by the Director.
4.22.11.29
Lighting. All vehicular drives, walkways and common areas must be adequately lighted for vehicular and pedestrian traffic safety. Lighting must be arranged and designed to minimize illuminating individual RV spaces and camp sites.
4.22.11.30
Utilities. The entire developed area shall be adequately served by public water and sanitary sewer facilities meeting all requirements of the water provider, the sewer provider or the Baldwin County Health Department, and the City.
4.22.11.31
The proposed site shall be properly landscaped the purpose of which is to further enhance the natural qualities of the land. A landscaped buffer with a minimum width of twenty (20) feet shall be provided on the property lines. Said buffer shall consist of a combination of canopy trees, understory trees and shrubs which shall be of sufficient height to create a visual barrier.
- The following facilities must be provided, at a minimum, for the exclusive use of park occupants: two toilets and lavatories for every 15 Recreational Vehicle Sites or fraction thereof not provided with a water connection, two shower facilities and a washer and dryer.
- If any Recreational Vehicle Sites are not provided with drain inlets to receive discharge of toilets, dump stations, built to code and designed to receive the discharge of sewage holding tanks of self-contained vehicles must be provided in an accessible location. Such stations must be separated from all camp sites and RV spaces by at least 100 ft.
- Two-cubic yard or larger waste containers must be located within 300 ft of every Recreational Vehicle Site, but no closer than 100 ft. Alternatively, the Planning Director may approve the use of individual waste containers for each Recreational Vehicle Site provided the park operator provides for regular waste pickup from Recreational Vehicle Sites.
- Dump stations and two-cubic yard and larger waste containers may not be closer than 30 ft to any property line and must be screened.
4.22.11.32
Storm Shelters. One or more storm shelters must be provided on-site as follows:
- Storm shelter must have a minimum floor area of seven sf for each Recreational Vehicle Site and camp site and be located no more than 1,320 linear ft from the furthest Recreational Vehicle Site.
- Shelters must be designed by a licensed structural engineer or architect, must comply with all applicable City Building Codes and be installed as approved by the Building Official. Shelters must meet all applicable requirements of the Americans with Disabilities Act and, if located within a floodplain, must meet all FEMA requirements.
- The park operator is responsible for maintaining and making the storm shelter accessible and usable in times-of need. Storm shelters may not be used for storage purposes if such storage reduces the minimum floor area required herein.
This requirement may be waived if the applicant shows satisfactory evidence that a storm shelter is available with unrestricted public access within one-half mile of the campground.
4.22.12
Standards for Recreational Vehicle Sites
4.22.12.01
Each Recreational Vehicle Sites must be at least 500 sf in area. Sites for non-motorized recreational vehicles must be large enough for the RV and the passenger vehicle pulling the RV unless parking is provided for the passenger vehicle within 150 ft of the space served.
4.22.12.02
No occupied RV may be located anywhere but in an approved Recreational Vehicle Site and only one recreational vehicle may be located in each Recreational Vehicle Site.
4.22.12.03
Recreational Vehicle Sites must be designed to provide at least 20 feet of separation between RVs in adjoining sites.
4.22.13
Occupation
4.22.13.01
RV Parks are intended for transient use and in no case shall an RV occupy a park for longer than 180 days.
4.22.13.02
Manufactured homes, mobile homes or other similar structures are prohibited.