ZOA92-0005 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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February 5, 1993 1 • '
Tigard, Oregon
49c / . R.g
The Honorable Jerry Edwards, Mayor, Q,,= a J JQ3
"' Tigard, Oregon.
a.
Dear Jerry,
4
Yesterday I received our copy of the Tigard newsletter "City
.•,:;
Scape" and for the first time was made aware of a Recreational
Vehicle (RV) storage ordinance change to be considered on
Feb. 9, 1993, which would allow RV's to be stored in front yards.
Since I will be out of town that evening, I am writing to tell
- you of my feelings on this matter. Briefly, I am profoundly
t.
opposed to any change in any ordinance that would allow anything
such as this to occur.
Storage of objects such as this is the start of a degradation ,!
that ultimately will creep or spread throughout our city through
q precedence. Another desiring it will say, "If that person can do j
_,- it, then so can I. " Once in effect it would be extremely diffi
,
= ° cult if not impossible to reverse.
it Also, besides looking just plain bad it will be an invitation to
burglary and vandalism. If we want our neighborhoods to deterio-
' ` rate, then this is the way to do it. On the other hand, if we
. want to keep Tigard a beautiful, desirable place to live, then I
-:.7.„`--7.--. 4 ask you to oppose this change.
I believe that anyone who can buy an RV, needs to consider stor-
age space rental along with insurance and other cost consuming
maintenance items. I have determined that RV storage in a proper
' ;.. storage facility to be about $32.00 per month. That's a far cry
Y from the $155.00 per month I pay for hanger rental to store my
light aircraft. (No, owning an airplane does not mean I am rich.
•I'.x.,."r To the contrary, it's what keeps me poor) .
x Pr. I have discussed this briefly, in the short time available, with
I- some of my neighbors. All agree with my request and suggest I ;,
write directly to you.
Respectfully,
ohn F. Seder= .
i . 11650 S.W. Hazelwood Loop .,
Tigard, OR. 97223-3309
(503) 620-8589
" .. .,..t ? S F:'.. 11 ° ?, % ;i.' . . _,. .. , , i, .«�.,4ti ~.,
CITY OF TIG , OREGON
• t ORDINANCE NO. 93=_Cia__
5c
AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE '
SECTION 18..96.060 A,
REGARDING FRONT Y STORAGE OF RECR ATIONA%
ti VEHICLES id PEP TRAILERS AND BOATS TO PROVIDE OR THE FRONT YARD
;; STORAGE OF SUCH UNITS WHILE RESTRICTING STORAGE IN VISUAL CLEARANCE
A
AREAS, USE FOR SLEEPING PURPOSES AND REQUIRING SUCH UNITS TO BE LICENSED
AND IN MOBILE CONDITION °''
WHEREAS, The City of Tigard finds it necessary to revise the Community
.' Development Code periodically to improve the operation and
implementation of the Code; and w.
,, WHEREAS, the City of Tigard Planning Commission reviewed the staff -
'* recommendation at a public hearing on January 4, 1993 and voted to
x : WHEREAS, the City Council held a public hearing on February 9, 1993 to
-. consider the amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
a
SECTION 1: The Community Development Code shall be amended as shown in A
- Exhibit "A1i. Language to be added is piing LINEQ. Language to be
4 deleted is shown in [BRACKETS] .
' ' This ordinance shall be effective 30 days after its passage by the
Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By f vote of all Council members ,
preset after eing read by number and title only, this
Q day of , 1993.
b fir'
2.',- 6 6/l/.
'' 9?" e•. 'ale :,I-eat1- . City Re riles
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APPROVED: This day .. !' / " .A,....r` , 19• .•
- I,-%,.*'...- / I' i .
A, , 4, ; j :/ 4 :
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,.... ,_ _. ,_ .4 .44 ,
l+. R. swards, Mayor
Approved as to form:
• Ili /ilk tizite PI e• a e-L.,4 cfr-v_ ,.
r: City Attorney
/ i.
• r, ORDINANCE No. 92- (Xp
.
Page 1
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EXHI3IT 10L'
" 18.96.060 grg a.B_ Front Yar
�•
Boats, trailers, campers, camper bodies, house
trailers, recreation vehicles in excess of 3/4 ton
capacity [shall not] may be stored in a required
front setback in a residential zone subject to the
f of lowi.nqL
I< No such unit shall be parked in a visual
clearance area of a corner lot or in the
v'sual clearance area of a . ivewa which
would obstruct uision from an ad'acent
driveway or street.
7 2. No such unit shall be used for dwelling
puraoses except that one camper, house trailer
or recreational vehicle may be used for "
tS
slep3. urposes on3g b ,friends, relatives,
a or visitors on land entirely owned
leased to the host person for a period not to
exceed 14 _ a s in one calendar year provided
;, that such unit shall not bie copnected to env
unlit , other than pora y electricity
hookutas aund _provided that the hose uersen
shall receive no compensation for such %.
occupancy or use.
3., A such it asked in the front yard shall
have current state license- ` plates or ,;•
registration and :oust ,_ be kept in mobile Y`
condition.
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. Must Be piled'Within"5 Working Days' r .:-1'..J-','"..4'. '
rJ ,rr
See OAR 660-18-040
a' ?
- Jurisdiction C•7-7 0 T 4'- Local File Number T2._-(-90-
. -': Date c led Z pate of Adoption . o? °` cT--
1 Date Proposal was Provided- to DLD "°4 - �•
*-4'; of Adopted Action (Check all that apply)
Comprehensive Land Use New Land Use .,
# �;.., Plan Amendment Regulation Amendment Regulation
Please C lete (A) for text amendments and (B) for map amendments
-1 A. Sexy of Adopted Action (A brief description is adequate. Please avoid
:,, highly technical terms and zone code abbreviations:. Please do not write
L, , ,' "see attached."):
. -
'' ANX,�.S-t c ,9 (fit „,,„,'1 D...v @.C. r•e.,-.\ .. . .c. a. �6 '3& (4
/ e;//0 v..r 1-, ee A -, ,.1 . rr/eA
�o 4 . —k -J r' W J .' *'/�GJ:Epa.. r 1 6aN f✓�a �&J ,t r i A •
D ( y `,., (pi7vtrl C, G-t et a c?rR1�cw� 2) V/` #- .!' at�7 et^? d° 4/ /e?s �+ yf r li
�'ehcrebe Bow the Adopted Amendment Differs from the Proposal (If it is the
same, write "Same." .--If- it-was, not pr� o�posedp• writ.e,..,'"IN/.A.
> ,°:, > ,.,'1-) 6d /,Le.,I '1K. .*�aev6,/. C ia.tit
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B. If the Action Amends the Plan or Zone Paps Provide the 'following Information
;,' _ for Each Area Which was Changed (Provide a separate sheet for each area
u' Multiple sheets can be submitted as a single adoption action. Please •,z
, ','`a include street address whenever possible..., Do not use tax lot number
alone.)
}4
'.i., Previous Plan Designation:..: New Plan Designation
r Previous Zone: New Zone:
Vocation:
aqq
WAcreage Involved:
Does this CnangeInclude a Goal Exception? _ Yes No r,
Por Residential Changes Please Indicate the Change in Allowec",, Density An
is t ., {r kp
Units Per Net Acre d'
} : Previous Density: New Density:
x3. :S-
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' { a rr... r ''...'.-I:.!...S4. h ..
, ,-,, 1 0 ' ...t . . ' ' d 141,'''', ' ' ',,'...'''.,' I
i
If Notice of Proposal was Not Sent to DLCD 45 Days Prior to the Final Searing,
Please Indicate Why: ;:
Stateside Planning Goals a:^e inapplicable '.
Emergency Circumstances Required Expedited Review
List Statewide Gals which may Apply
,
List any State or Federal Agencies, Local Government or Local Special Service
Districts Which may be Interested in or Impacted by the Adoption:
1
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Direct Questions and is To a � a t C Z ae� r
'
',7. ?0,194Y23 /7. i`G6-r , .E� l'_' ,a
- (Phone) �� en 4i / 7
3
fit.
4 Send To: Department of Land Conservation and Development.■
1175 Court Street, N.E
-i' r. Salem, Oregon 97310-0590
Attach One (1) of-the peed Action.to :his worm "Id/or three .(3) Copies of
Dound Materials and Maps Eger than 8 1/2 by 11 Inches.
NOME: If more copies of this form are needed, please contact the DLCD office at
,{. .f. 373-0050, or this form may be duplicated on green paper. Failure,to provide notice
5 of an adopted plan or land use.regulation amendment results in an extension of the
appeal period. Appeals may be filed within 21 days of the date the proposal is.
g mailed to DICD. Statutes require mailing within 5 days-of the.action becoming final 3
''' 1.
(See OAR 660°18-040).
,t-
a e o PCDR DLC211 OFFlI:E 11SE * *. . . ► _ t
DLCD File Number
s,=
�' <pa>adoptfo
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tiR ; lOHIO, Euclid
• ,+ Editor's Note:to February of 1977,,a landmark decision on the eights of Mkt.'s to park their rigs on their on
property became final when the U.S.Supreme Court refused to review a decision of the Ohio-Court of Appeals
in what has become known as"the Euclid case."
' The history and significance of that case from its beginnings are outlined here in full for your education and
- assistance,presented step by step by Corinne Shulman,a California attorney who is the author of the Legal Brief
- which Good Sam makes available to attorneys representing Good Sam members in similar cases anywhere in the
,
country. Mrs;Shulman also authors the column,"Legally Speaking,"which appears in the Hi-Wiry Herald.
:;..". :°:.
Y, ' The most significant recent victory in the fight against restrictive RV parking laws occurred 1 R
• , in an Ohio case,known as City of Euclid v Fitzthtam, et al, 48 Ohio App. 2d 297, 357 N. E.
2d 402 (1976), cert. denied 429 US. 1094, 51 L. Ed.. 2d 540 (1977). We've given you what
-Y,, ' lawyers call the "citation" to the case, a reference to the law books in which the full opinion
' is printed,because you will undoubtedly find the case useful in your battle against adoption
• t of a restrictive ordinance and you may want to draw the case to the attention of the City
Attorney, (and your own attorney, if you have one).
Some years ago,Euclid,Ohio,adopted an ordinance which prohibited the parking of"any
a-
t- ;: type of truck,trailer,auto trailer or trailer coach"in residential areas,on either public or private
property, unless such unit was"parked or stored in a completely closed structure.
;a .; In 1974, nine RV owners were cited for parking their RVs on their own property and they
} :� " and others banded together in a determined effort to fight the ordinance.The matter was tried
at the municipal court level as a criminal offense and the owners were found guilty and fined,
,
the trial court finding the ordinance constitutional.
1 , The RV owners appealed and the Ohio Court of Appeals reversed their convictions,finding
' 1-. the ordinance unconstitutional. It is that decision, made in February, 1976, to which we've
:"...'t- referred you for subsequent petitions by the City of Euclid, first to the Ohio Supreme Court
' .'t- : and then to the U.S. Supreme Court, were both denied and the opinion of the Ohio Court of
', ;' Appeals is now final.
The state appellate court said that in Ohio,zoning restrictions for purely aesthetic reasons
n. y. are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of
tt
the police power, the power to regulate for the public health, safety, morals, and welfare. The'
court then stated that:
The vice of the present ordinance is that the record will
support neither an application of the ordinance which
, bears a substantial,and therefore reasonable,relationship
to public health, safety, morals or welfare nor the im-
position of a taxonomic scheme based on any state of t.
A. facts that may reasonably justify it. Part of the lack of
^ t �.. ,, reasonableness is exposed by evidence of an uneven reg-
. ; ulatory application. . . .
• `a Reviewing the facts illustrated the"constitutional inadequacies of the ordinance."The City f
• , • {had produced testimony to show that a trailer parked in a driveway would interfere with access
(, 45
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'
x, Section 2.The basic zoning ordinance shall be supplemented by further supplementing
Section 360 entitled'Off Street Parking and Loading"by the insertion of;a new subsection
};r known as 360.10 entitled"Recreational Vehicles"to read as follows:
' 360.10 Permitted Use of Recreational Vehicles.It shall be unlawful for any person to
park or store any recreational vehidc as defined in Section 700 of this ordinance on any
property in the Borough of Tenafly except as follows:
A. In certain specified places in a residential zone or on non-conforming residential
'' ''' premises as follows:
'.,fig i
at
1. Within an enclosed building conforming with all provisions,restrictions and
regulations of the Tenafly Zoning Ordinance.
; Z, In the rear yard which is defined for purposes of this ordinance as the portion of
the lot to the rear of the rear line of the principal building only provided the recreational vehicle
't, +;
es shall:
h a. Be located no closer than 3 feet to the principal structure on the lot.
b. Be screened from adjacent lots and stieets by a solid fence,wall,door.gate. • • ,
shrubbery or hedge.not to exceed six feet in height and ha conformance with the fence
j= regulations of the Tenafly Zoning Ordinance.Any door,gate or other enclosure to a garage or
ate:,
parking space which enclosure provides screening from adjacent lots or streets for any vehicle or
equipment patted therein shall be kept dosed except when opening such enclosure is necessary
-� e e to obtain access to said parking area Any fence or wall shall have the least objectionable side •
` t.: facing the adjacent property or the street.A fence shall be 75%solid. Shrubbery shall be at least
'„ six feet high and planted at sufflaently close intervals to provide immediate effective screening
throughout the year(evergreen).
,t i. Not exceed thirty-one feet in length and nine feet six inches in height excepting an
additional twelve (12") inches permitted for vents and air conditioning units.
3. In a side yard which is defined for purposes of this ordinance as that portion of the .
lot to the side of the principal structure and between the front and rear lines of the principal. •
j structure only in cases where a variance pursuant to N.J.S.A.40:55D-70(c) is granted by the
Board of Adjustment provided.however,that if parked in a side yard the limitations set forth in
' ' Subsection 2a,b and c concerning rear yards shall also apply provided further,however,that in
t er i the case of a corner lot no portion of the recreation vehicle!or the screening provided therefor
shall be closer to the side street than the set back requirements of the basic ordinance for p€inci-
pal buildings where they front on said side street.
4.a. A recreational vehicle may be per;�a�aitted to park in a side yard without the
necessity of the granting of a variance by the Board of Adjustment under the following
{ conditions:
L The recreational vehicle shall be parked in the side yard as of the date of the
adoption of tins ordinance.
•L:1.
ii. A finding is made that •
a. The recreational vehicle cannot reasonably be parked in the rear yard in such a
X °4` way as to conform with this ordinance due to the size of the lot and the location of permanent
„, nr .,' structures thereon; or
b. To locate:same in ehe rear yard would requisne substantial removal of existing ;.
1, et t landscaping;or
c. Thhe recreational'vehicle.if parked in the rear yard,would be'more offensive,to
T` 0 3' neighbors and the public in general than it would be if parked in the side yard.
iii. The owner of the recreational vehicle shall, within 60 days of the adoption of this
• e ordinance,apply to the Recreational Vehicle Appeal Board as hereinafter constituted for
1 certification of the facts required by paragraphs I and 2 above.
e. iv. The Recreational Vehicle Appeal Board shall certify to the applicant and to the
Construction Official within 120 days of the adoption of this ordinance that the facts required by
' ' paragraphs 1 and 2 above are true.If the Recreational Vehicle Appeal Board fails to formally
certify or deny certification on any application within the 120 day period,certification shall be
' automatically granted.
#w
b. The Recreational Vehicle Appeal Board shall consist of three members appointed
by the Mayor and confirmed by the Council. Each member shall serve for a term commencing
: • upon appointment and ending 120 days after the adoption of this ordinance at which time the
AR*.'••
.'6':. •-t Sn.. ty�.d is S .L.J.^'n i:'
aA..Y t at.4<k1
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'' TRAIL means a vehicle without motive power,designed so that it can be drawn by
, , a motor vehicle.to be used for the carrying of persons or propeny or as a human
x t.• habitation. liowever,a structure which meets the requiements of the Building Code of•.4; _ '•r., Ash.. .."14'''''''' :'I a•ways,including foundation. is riot a,trailer whether or
t 1 z ,, p:(4+�.tr,.v' + •
2 • a.,�•ri. 1 aeNn. art of a lot between the front lot line and the.front(s)of
` ':t eetaieeptehee. ente • :.yt,and extended to both side lot lines.
YARD.REAR,means Mai pan of a lot between the rear lot line and the back(s) of the
; ' ,.. principal budding on the lot,and extended to both side lot lines.
w YARD,SIDE,means that part of a lot not surrounded by budding and not an the front
R tee.,. or rear yard.
: Season 2° Section 7 A°2.fof Commission Ordinance No 2746, as amended it hereby repealed.
' ' '': Section 3. Section 7.44.2.e. of Comm slap Ordinance No. 2726. as amended. is hereby redesignated J
7.A:2.f.
Section 4° The following is added to Section ZA-2. of Commission Ordinance No 2726, as amended
' 'e. Recreational vehicle,boat.or boat=and-boat-trailer parking as follows:
,.m
'''''.. ..7'"i-''''' (I) inside parking,or
y.: (2) Outside parking in the sale yard or the rear yard,or
f (') Ouisicle parking in"the front yarddprovided '
i ea). . fie is not available or there is no reasonable access to either the side and or
^,; +revr •°w.-s epsaT,osr tctis aiwa dee to v'e reasons le access to the rear
y y • • gata-to ee;it7;t tccccessarily deem to prevent reasons le access,
n' .• (b • •` p�..L.awo It ". �l1SEys - `
, (c; The unit is parks esondicular to the front curb:
..' (d;.i The be y o3 tlae,recreational vehicle or''t sat is at least 11 feet from the face of the
b-. cub: and b
P rte No fir°.of the �•xtends over tloe public sidewalk.
(4) Parking is permitted only if the unit. while panted in this zone,is
- (a) Not used for d.vellirg purposes,except one recreational vehicle may be used for
b S dwelling purposes for a maximum of 14 days in any calendar year on any given
a ' {.' '` lot.Cooking it not permitted in the recreational vehicle at any time Butane or
`: e;,. • propane fuel shall not be used
- (b) _te..0.1zeinanen tly-connected to sewer dines.water lines,,or electricity.The
recreational vehicle may be connecto electricity temporarily for charging
batteries ani other purposes if the receptacle and the connection from the '
f te recreational'vetnx.e nas been inspected and approved by the City: this connection
a. ° ,must meet the Electrical Code of the City of Albuquerque and a City electrical
. . • • 4,.. ,.. 'n ni 's i* .e3 . ned for all such installations.The individual taking out the
tri .: • - •t•t e sraip'itteete r ..n s set inspection of the electrical wiring when ready for
v 1.'•„ax-,E'er r.�0.,,:,-v.: ' :.spection fees will..be charged.except no inspection shall be'
'' t` -:a. ' 3.50 fee. a t.
m , (c) Not used for storage of goods,materials or equipment other than those items
IL! considered to be a part of the unit or essential for its immediate use.
-� (5) Motwirlastaesdita the visions of Subsection '(3) and (4) above,a unit may be parked
anrr+/he on the premises during active loading or unloading, and use of electricity ee
t propane fuel is permitted when necessary ttmare a recreational vehicle for use.
(6) if the derailing on the lot is under construed®n the provisions of Section 7.A.2.g.(3)
below shall control, rather than the provisions of Subsection (1) through (4) above:
2 g. Trailer parking as follows: _
Fe,,
i i) Inside.:parking if i l provisions of Section 7,A.2.e.(4) above are met,or
' (2) Outside parking:n the side and or the rear•yard of cargo trailers of less than 2500
� pounds carrying c.iracity. 1
i
''' (3) As a dweirrog connected to any utilities,frit a p eriod of up to sue n'ronths or until.
- a Fy
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1
;. OKLAHOMA, o its
s In 1978, Sam Peters, then Good Sam state director of Oklahoma, enlisted the assistance ,`
of Good Samos,other RV organizations,and RV dealers in a long and hard-fought battle which '`
i
, a>
resulted in legislation favorable to 1W owners. Unfortunately, it has turned out to be a rather
bittersweet victory.
The resulting ordinance, With still exists,allows RV parking in side yards,rear yards and
in the front yard provided"that space is not available or there is no reasonable access to either
o,...-.-7*-.--'..-. the side or rear yard."
i It was one RV owner's refusal to abide by the provisional clause that created the turmoil
that followed.He had access to a side yard for parking his trailer,but refused to use it,preferring
`. to keep it in his front yard adjacent to his driveway. He was in violation of an ordinance that
} `. = most RVers felt was reasonable.
Neighboring residents complained,but the RVer refused to comply with the parking re
;' ` guirements.
Since this was in an older section of the city,residents in that area had a six-block by four-
block section established as the Linwood Place Urban Conservation District, formed the Lin-
'` ` W. . wood Plate Neighborhood Association, and proceeded to get an anti-RV parking ordinance
enacted just for that area Because one RV owner refused to abide by the Oklahoma City
Ordinance, all of the RV owners in the Linwood District were adversely affected.
' x The resulting legislation also set a precedent for other neighborhoods to follow,and Peters
`• '' reports that the ordinance for which he and others fought is gradually being eroded away as
various neighborhoods follow in the footsteps of the Linwood residents,
This is a strong argument in favor of properly can't' g for parked vehicles, keeping them
clean and presentable. Otherwise,favorable legislative action might be difficult to negotiate and
maintain.
6400.2 Accessory Use Regulations for Residential Districts
t
(c) Recreational Vehicle. Boat, Sort and Trailer or Boat Trailer Parkin . Recreational vehicle
.
boat, boat and trailer,or boat trailer parking is permitted n the above districts subject to
the following conditions and requirements:
: L Inside parking, or ••
' 2. Outside parking in the side yard, or a
"::' 3. Outside parking in the rear yard.or
Ir.,: 4. Outside parking in the front yard,provided.
a. Space is not available or there is no reasonable access to either the side yard or rear
yard: a corner lot is always deemed to have reasonable access to the rear yard;
(This applies to all recreational vehicles except self-propelled multi-purpose vehicles
and applies to boats,boat-and-trailers and boat trailers not having a boat mounted
upon it);
b. The unit is parked on a hard surfaced area , •
i�y ` c The unit is parked perpendicular to the front curb,unless parked on a circular ,
.2. drive;
}
Y e is
d The length of the recreational'vehicle.boat and trailer of boat trailer shall not be,
' - greater than 8 feet in width and 40 feet in length Length shall be measured not! .
., bumper to bumper on self-propelled vehicles and from bumper to tongue on towed
• vehicles.Tine body including the bumper and tongue of the recreational vehicle,
v boat-and trailer or boat trailer is at least 11 feet from the face of the curb;'
e. No part of the unit extends over the public sidewalk:
• No sight triangle as required by ordinance shall be violated: and
J: , g. Cargo trailers,.or stock traiiene are prohibited from parking in the front yard. r.
x 5. parking is permitted only if the unit.while parked in this zone is
a. Not used for dwelling purposes,except one recreational vehicle may be used by the
owner or tenant of the premises.friends,relatives or guests for dwelling purposes
b for a maximum of 14 days in any calendar year on any given lot.provided that
a said recreational vehicle shall not be connected to any utility.other titan temporary
T`'` electrical hookups,.and provided further that the host
G person shall receive no
, compensation for such occupancy or use.provided further that cooking is not
f ' ti- permitted in the reatio:aal vehicle at any time and no such recreational vehicle
• , ;< shall discharge any litter,sewage,effluent or other matten except into sanitary
{'` . facilities designed to dispose of such material.
er b. Not permanently connected to sewer lines,water lines,or electricity.The
recreational vehicle may only be connected to electricity temporarily for charging
batteries and other hook-up facilities shall comply with applicable state law and the
Oklahoma City Electrical Code.
c Not used for storage of goods,materials or equipment other than those items
' considered to be a part of the unit or essential for its immediate use
6. Notwithstanding the provisions of Paragraphs 4 and 5 above,a unit may be parked
;, anywhere on the premises during active loading or unloading,and use of electricdty or
'.e; propane fuel is permitted when necessary to prepare a recreational vehicle for use A
`` period not to exceed 48 hours shall be a reasonable period for active loading and
. s unloading.
�} i (d D Accessory Sign.Accessory signs,including on-premises directional and info rnation signs.
identification nameplates and temporary signs,are permitted, subject to the provisions of
e, "i the Sign.Regulations.
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• ' 1 MEMORANDUM
CITY OF TIGARD, OREGON
+, TO: Mayor and City Council
• r: FROM: Pat Reilly
' DATE: August 27, 1.992
e
' ' SUBJECT: RV Parking
1
' _ ? r As you may recall, Councilor John Schwartz and Dick Bewersdorff meet
,,1:,;,.....,,,,,'" y' with Rick Perkins and a local representative of the Good Sam Club
q 'k,.
(national RV owners club) regarding RV's in late June, 1992.
-'-.. z -,i ` Councilor Schwartz indicated to Mr. Perkins that he would like to
• ' have a workshop with the other Council members about the issues
brought up by Mr. Perkins.
1 Staff indicated that we would review the Good Sam Clubs RV Parking
Rights Manual and highlight portions for Council's review. Staff
..-•-e,.1 also checked with other Metro area cities to determine what if any
other restrictions exist for RV's. The City Attorney's Office
': provided a response to a court case (City of Euclid, Ohio v. `_
Fitzthum) and its relevance in Oregon. 4
Staff received a copy of the RV manual on August 18. We have :'
attached a copy and have highlighted what we believe are the most
' relevant parts. The City Attorney's opinion is also attached. It
',° A indicates that Fitzthum is not controlling in the State of Oregon.
`a It appears that only two cities regulate RV's. The City of Forest
Grove regulations are pertinent only to street parking. The City
!' of Beaverton allows parking of RV's in the front yard by special
permit if due to physical characteristics of the lot, building or
landscaping, parking in the rear or side cannot be reasonably k;
IC ' .rr provided. Such parking requires, also that the owner enter into `
- a written agreement with the owner of the property on the side ,
<' m closest to the RV parking, hard surfacing and no traffic sight
obstruction. Y;
{
RV anual Summary, ,.
J
4. CM Various articles provide experience in the actual regulation of ?,
t7 RV's on lots and streets in other cities across the country. They
ILI provide examples of various ordinances. Mr. Perkins has indicated
that a more reasonable approach might be if some provision were
• made to allow parking in the front yard where access to the side or
'` rear yard was not practical. Staff has highlighted the following ;;
from the RV manual:
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i r �• *".f...7"' '', i , t\ ' .1:' '' ys, w 4, 1'' ''''.: { .71 „ *f, t`4; ,V4 ..+ 1— ` . a4 a •.l Ts% ,4 4.
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ti o this R.Ver's viewpoint, pages 7-9 ; +
0 a San Leandro, CA experience which provides for front
'i
yard parking if there is no reasonable access to side or T
; : rear yard, page 17
o 72 hour allowance in Redondo Beach, CA, page 18 4, .`
o Boynton Beach, FL allowing parking in driveway`and where
, enforcement was only on a complaint _basis,
,-, 4 o a situation in West Dundee IL similar to Tigard, pages
. ._ 28-30:
1 • ,...
o Marquoketa, IA, pages 31-32, Bellevue NE, pages 35-36,
Tenafly, NJ, pages 37-38, Albuquerque, NM, page 42, and
, , Oklahoma City, OK, page. 47 all allow front -yard storage
if side and rear yards are not accessible i'
o Euclid, 0H case, page 45
3':
',' It would be relatively simple to amend the existing Tigard code to
y provide for front yard storage if the rear or side yard was not
accessible. The other codes listed in the RV manual also provide {
tz
much more detailed approaches and examples of standards. t
' Alternatives
1. leave RV code as is; }
, a. continue to enforce on complaint basis; _ .'
: b. begin more proactive �' enforcement of RV code
violations;
a 2. repeal RV code section;
3. amend code to provide for front yard storage where not
dt . , practical in front and rear;
_L
,„ 4. amend code with more detailed standards such as distance
from structures, limitations on length and height,
screening specifications, distance from curb, connection
to utilities, etc.;
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- RECEIVED PLANNING
;' AuG 18 1
1
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�992
Chapter I
ar � �
{ N- i otiatirie g for Your RV Parlun. g Rights .
,
it
Owners of recreational vehicles don't expect non-RVers to share their enthusiasms for t
traveling by camper, trailer, or motorhome. It's the freedom to choose lifestyles that makes this
a truly free country where we have the capacity to pursue our own interests. • r,
However,RV owners do expect the right to use their private property as they wish as long
as it does not affect the health, safety, and welfare of neighbors and fellow citizens.
*;ti Unfortunately, there are a Iot of non-RVers who do not share this attitude. For the past
.; two decades, these anti-RV forces have become increasingly vocal in their objections to seeing
,;` RVs parked in their neighborhood, either on the street or within the private limits of the RV
owner's property lines.
s. ` Why?Most objections are based on the grounds of aesthetic values,putting forth the premise
that RVs reduce property values and are an eyesore. Since objections to ITV parking on this
V:4, basis alone was defeated in the now famous Euclid, Ohio, case that was heard by theUnited
`' States Supreme Court (see page 45 in this publication), the anti-RV forces have resort to
fighting RV par rights on t e arcs or the health, safety, and welfare of the neighborhood.
,i
s t� Initially, they frequently have the backing of local government officials, but members of
`
Yn
the RVing community have on many occasions, been able to counteract this trend. By co-
:::*":""'',.'.,,:,4's- • operating with city and community zoning officials, they have worked out compromises that
•
y i � satisfy the majority of bone RV and non-RV owners. 1
}' The purpose of this publication is to acquaint those facing anti-RV legislation with the
, methods which other RV owners have utilized to gain favorable legislation.
{ , ` ';` Promptness and'cooperation are key words when approaching the problem. Every RV ot 1 ', owner should be aware of the existing ordinances within his or her own community. Some
�'' , ", have learned, the hard way, that anti-AV parking legislation has existed for many years, even .
t
C ' decades, only to be overlooked until some disgruntled property owner requested action from •
' the local law enforcement agency.
a a. '1 ' , If an RV owner discovers that his community has legislation on the books against. RV
i ; parking, one approach might be to let the sleeping giant alone, but this could be dangerous;
{r 4 once that first citation is issued, a situation evolves that frequently gets out of hand and is z-
`` difficult to fight,
' There is another problem. A city council can quietly enact anti-RV parking legislation
0 without the knowledge'of local RV owners. This has happened on more than one occasion,
' In and once this legislation is on the books, it is far more difficult to change than if the RV owners
are vocal early in the negotiations.
Every RV owner should become a committee of one to be aware of zoning changes that
s; are being discussed La his city or town.This is admittedly easier in a smaller community where
F , . such news is published in the local newspaper,but notices of hearings are public information
and must be published in some manner:
a; o>•, Once it has been established that a community is considering any changes that are going
to affect the rights of RV owners, it is time to take action,but in an orderly manner.
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The first step is to organize, work through Good Sam chapters to enlist the assistance of
the RVers in your area From that nucleus, select a committee to canvass neighborhoods and.
contact homes where RVs are. parked. An inexpensive advertisement in the local newspaper
1 ` t announcing an organizational meeting can bring in still more support,and frequently local RV
" > dealers will be willing to lend their support by paying for advertisements or flyers to be delivered
'etc fi p
a to RV owners.
Other sources of support may come from RV manufacturers and the dubs they sponsor
s. ' as well as other recreation-oriented groups. If the law restricts RVers' rights, it could extend to
other interest groups such as motorcyclists, boaters or off-road enthusiasts. Finding out how
1 - et this law is going to affect multiple use vehicles, such as vans and pickups, also could swing a
lot of residents to your side.
From this gathering, it is essential that a spokesman with a cool head and calm but firm
k approach be appointed to represent RVers at public hearings and to the press. More than one•
7 should be prepared,with each presenting a different aspect of the problem.The rhetoric should
be organized. To have one speaker after another stalk to the microphone and harangue about
- the same issue does no good and creates a lot of ill will from non-RV owners as well as elected
oifiicials. An orderly presentation gains more support and respect.
se . Numbers talk.Although you have only a few spokespersons,just having RV owners show
up and demonstrate their strength in numbers has been a very effective element in past situations.
It convinces legislators that here are people who are sincere in their requests to exercise their
property rights. •
Again, the gathering should be orderly. It is rare that the anti-RV forces are as organized
' or generate as much support as those for RV owners' rights.
``
f Suggest that a committee be formed of all of those involved(RVers,anti-RVers and officials)
to work out a solution to be presented at a future public hearing.
:Pat e Be reasonable in your requests. Demanding the unlimited right to park an RV anywhere
on your property without regard for others is not going to meet with any sympathy Study
ordinances that have been successful in other communities, and use them as guidelines in
> , •,-� establishing one that suits your community.` ' �t. If opposing forces object to RVs parked in front yards, suggest that they be parked on
r 3 paved or graveled surfaces specifically designed for that purpose.If they object to an RV blocking
C's + the view of neighbors, establish a reasonable setback.
v Show that you are good citizens, concerned about your community just as they are, but •
p .. -'..t' also concerned about your personal property •
A survey of the RV storage spaces in your community might be in order. When compared
a, . - with the number of RVs involved, it very well could demonstrate that there are not sufficient
at : spaces to accommodate all of the RVs in question.
Maintaining a good image in your community is most important. Keeping your RV and
the area surrounding it neat and tidy will help you in your argument to keep it on your property.
. An. RV that obviously is neglected and has weeds growing up around the wheels and leaves
` co
piled around it is bound to draw more criticism than one that is properly parked and maintained. ti
` If it is necessary to enlist the aid of an attorney, be sure to have him send for Good Sam's
legal brief to assist him in preparing his case in your behalf. That, and this manual, could save
him hours of research and save your committee needed funds.
Don't be timid about asking questions. Why did the question of RV parking surface?And •-
from what source? How many residents are really against RV parking? Is it only a disgruntled
"..."'.''-'4,-.r. few or is there a trend in this direction involving a majority of the residents? Frequently just
one or two families can stir up a real storm.
. . ,, . If the situation cannot be resolved through the usual procedures of public hearings and a
vote of the local governing board,then take your issue to the voters in the form of a referendum►.
't; If the voters turn tht 'nbs down, then at least the answer is definitive and not decided by
' •• • d
F 1 a handful of anu-RV p perry oswzners. ..4.
,Ttnst rezneznber tlYat et is not a hopeless situation; you are not alone in your:efforts. Not
all communities succeed in veer eft'orts to obtain"favorable.legislation, but many,arending
that elected offfdals and judges are swayed in the direction of.the wholesome life-style and
ti family togetherness that.RVing represents. ,
Every time RVers present a reasonable argument and win,* is bound to,inffluence another
community`sonznewhere in thin"country: That is one of the purposes s of this document;:to aid ',4 .
others by providing information of organized'efforts-that have yielded successful results. r
)Donnr give up without turning over every stone As the Ruing community grows in numbers
h � J,y ,
ands n i so do your chances to obtain pro-:RV ordinance,
We sincerely hope that the information pznvided to you by'II. Enterprises, Inc, will be
beneficial to you and all of the RV owners.of your com inunity-
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�; In 1979, it looked like the RV owners of San Leandro, California,were in for a hard time.
...,,'1:-,1'..
A proposal before the city council went beyond street parking restrictions: which would have
prohibited parking of all oversized vehicles between the holes of 2 and 6 a.m. The proposal
j. also extended to off-street parking,and would have prohibited parking within the 20-foot front
yard setback area of residences. :,
j This ordinance would have encompassed vehicles in excess of 20 feet in length. 7 feet in
:4
height and 7 feet in width.The ordinance was drafted in r
r gh response to complaints about problems
of visibility due to oversized vehicles on streets and in driveways. Station wagons, vans, and
: pickups with shells were to be exempted from the restrictions.
" t. Council members agree that,should the ordinance be passed,it would not apply to short-
la term parking situations; complaints were to be issued only after a vehicle had been parked in
' one location for a sufficient time to be considered "longterm.
: Good Samers in San Leandro went into action. First they learned that there were not .
j
, sufficient storage lots nearby to accommodate all of the RVs that would be in violation of the
. proposed ordinance.'They gathered their forces and voiced their complaints to the city council.
Members of the council listened, and the resulting revised ordinance is more favorable to
t`y!R most RV owners than the one originally proposed. It specifies that RVers unable to park their
" vehicles behind the 20-foot setback, and who have no reasonable access to either the rear or
y i, side yard, may park their vehicles in their driveways, provided'they do not extend over the ,
; public sidewalk. ,.
: As for street parking, non-motorized vehicles are not allowed to be parked between the
-.:'..'/..j" hours of 2 and 6 a.m. '
San Leandro,California
j ;.ti x "t TITLE VI VEHICLES
'; Chapter 1 Traffic Control
w A variance granted pursuant to these provisions shall remain valid only so long as the
necessary facts established in order to obtain the variance continue to exist.
(b) Off-Street Parking Of Vehicles Of Certain Size; Residential.
(1) No motor vehicle exceeding the following two (2) dimensions: twenty(20)
feet in length and seven (7) feet in height shall be parked or left standing
-. within twenty(20) feet of the front yard or street side yard (on a corner lot)
side of the sidewalk;provided,however,heat such motor vehicles may be so
' parked or left standing on the driveway portion thereof,itspace is not
', -n , available upon the driveway of the vehicles to be parked beyond said twenty
(20) feet. or if space is not available in the rear yard or side yard,or there is a
no reasonable access to either the rear yard or side yard;a corner lot is
presumed to have reasonable access to the rear yard. "}
; (2) Idol withstanding paragraph (b)(1)of this section,no pa of any motor
Fy}•k-- vehicle may extend over the public sidewalk.
(c) Non-Motorized Vehicles. ;<
-.4,-,. ''''.F' No vehicle other than a motor vehicle as defined by California Vehicle Code
7,: §415 shall be parked or left standing upon any street between the hours of 2:00
: a.m.and 6:0+0 a.m.
+ a .1 i.. .i^' � tip ..
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f
Another example of how one person can make a difference comes from Redondo Beach,
' California.
s.
It was in 1980 that Good Samer Dr. W n Buckner almost single-handedly defeated the
Redondo Beach City Council's proposed anti-RV parking ordinance. =
Y
,' '2.
Buckner protested the proposed legislation in person at a City Council meeting, utilizing
information from the Legislative Kit to support his argument. He succeeded in getting the
councilmen to postpone their decision on the ordinance for one week.
It was a busy week for Buckner: He wrote and had printed 500 flyers which he and his
v` ', wife distributed on every parked. RV they found, driving nearly 100 miles on city streets and
' through parking lots.
When the council met the following week, Buckner was pleased to see City Hall packed
, • and overflowing. Fifty of those attending the meeting were, like Buckner, prepared to deliver
speeches in protest of the anti-RV parking legislation,
t After only six of these speeches, the city councilman who had introduced the legislation
announced that he would withdraw his motion. Without the alertness of Buckner, and the
support of those he contacted,the legislation probably would have been passed and signed into
law before the RV owners of that community were aware of the restrictions being imposed on
-,1.'.- "I' them.
'ec Once again, it stressed the importance of knowing what is going on in the community.
.� The proposed legislation would have allowed motorhomes to park in the front yard area
' � on approved driveways which lead directly to a garage. Non-motorized RVs could be parked
, "i1 on driveways,side yards,and back yards if they were behind the front line of the main structure
' on the property.
{{k !!
• Redondo Beach,California
I. Regulations for parking and/or storage for each lot or parcel in all residential land y
i- ' use'districts as designated by Section 10-2.1406 of Article 2 of this chapter.
to
(1) Storage and/or parking,for more than seventy-two (72)consecutive hours, of
boats,house trailers,camp trailers,detached camper-trailer tops,dismantled vehicles,and other
}; trailers in the front yard area ("front yard area"defined herein for the purpose of this section as
1 im the area measured from the„front property line to a line parallel with the face of the front wall
CD of the main building located the greatest distance from the front property line and extending the
J full width of the lot or parcel) shall not be permitted. In addition to the above regulation,
storage in the front yard area for more than seventy-two.(72) consecutive hours of any materials
s; t (lumber, metals, plastics,etc.), fixtures, appliances, machines,trash, waste,or other materials
which are not customarily considered as a decorative landscaping feature is hereby prohibited.
(2) On the street side of corner or reversed corner lots,storage and/or parking for
more than seventy-two (72)consecutive hours of boats, trailers,or similar items, in the side or
' rear yard area, shall be shielded by a decorative wall or fence six (6') feet high to minimize any
. undesirable appearance from the street and surrounding property: except on the street side of
'._ reversed corner lots no storage shall be permitted closer to the street than the required setback of
the adjacent interior lot.
(3) Storage for more than seventy-two (72)consecutive hours,of any commercial or
,2 construction equipment or materials, or storage and/or parking for more.than seventy-two (72)
4
s ry
FL ': 1-tAe Boynton Be
- Good Sarners m Boynton Beach,Florida,won a decisive victory and one of the most liberal
,V parking ordinances on the books.
Prior to 1978,the existing anti-RV ordinance prohibiting the parking of RVs on residential ;S'•
property (except in a garage) was enforced only on complaint. This led to one RVer in the
community claiming that the practice of enforcing only in response to complaints was discrim- -
inatory; he had been cited several times while others in the city continued to park their RVs
-. , on their property without penalty since no complaints had been filed against them.
F ,' This lone RV owner's allegation led to a wholesale enforcement of the ordinance, and a ;
loud cry of protest from RV owners who requested a new ordinance.
The new ordinance went far beyond most in allowing not one but two RVs to be parked 1 s
'°
r d, 'It on a single residential lot provided that only one is parked or stored in the area between the
right-of-way and the structure on a hard surfaced area A second one may be parked or stored
±'. ,,e, in a carport, on a driveway (behind the front line of the structure) or in a rear yard.
The ordinance goes a step further in allowing additional RVs stored in an enclosed structure.
Chapter 20
,.
RECREATIONAL VEHICLES,BOATS AND
BOAT TRAILERS
o Sec. 20-I. Purpose.The purpose of this chapter is to regulate the parking and storage
. of recreational vehicles and boats or boat trailers.These regulations are intended for and in the n,
best interest cf the citizens of the city to provide easy access to recreational vehicles while
promoting the health, safety and welfare of all the citizens of the city. (Ord. No 78-Z,§ I. 2-7- t'
• c 78) :
<-t Sec.20-2. Scope.This chapter is intended to be applicable in all residentially zoned
an,-' r areas within the city!units. (Ord. No 78-2. §2.2-7-78)
{ Sec, 20-3.Definition.As used in this chapter,"remotion vehicle"means any travel
. trailer. motor home,slide-in camper. or other unit built or mounted on a chassis,excluding '`
0., vans, designed without a permanent foundation,which is used for temporary dwelling or In
slee in u ses and which ma bed ll driven or towed on a hi wa ,and which body ,°`
$.., sleeping g p Y e� Y Sh Y y•( length does not exceed thirty-five(35) feet and total body width does not exceed eight (8) feet,
s. or any boat or boat trailer,and all other sport type recreational vehicles and the trailers used to ,:
b store or transport all such recreational vehicles. (Ord.No.78-2, § 3,2-7-78) x;
®t t-
en t Sec. 20-4.More stria exit lotions to a l .This chapter is primarily for the purpose
S?of of protecting residential l zoning.Therefore,any ordinances of this city or laws of this state
's W . providing for the regulation of recreation vehicles,boats or boat trailers or motor vehicles are in
addition to this chapter and wherever any provision of some other ordinance or applicable a`:
= statute, whether primarily for the regulation of recreation vehicles,boats or boat trailers or
s;
motor vehicles or for purposes of zoning,imposes more stringent requirements or limitations
t then are imposed or required by the provisions of this chapter than the more stringent
requirements or limitations shall apply. (Ord.No.78-2, §7,2-7-78)
y = Sec.20-5. Effect on jarivate limitations on land use This chapter shall not be con- a
strued to limit any deed restrictions,condominium rajWaYns or similar private limitation more
restrictive than the regulations contained herein.Further this provision shall not be construed as
° creating an obligation on the city to enforce private limitations on land use (Ord.No 78-2,§7 ',
2-7-78)
tt r. ' ..
x: s
:
IS West Dundee
1 4'1 Illinois,did a lot of walking and door-knocking,
r � . � Good Salner�d Kolbaba of West Dundee,
a but it paid off with favorable RV parking'legislation m that community:
Ed was fortunate in having a village planner who was cooperative. He worked with Ed ,
-:'--t7 ''':'1,
in utilizing information from the Legislative let to draft an ordinance to replace an existing one
it
* that was anti-RV Village board members were presented with an ordinance that was a composite ,
prepared from ideas utilized in other communit es
t r The problems in`Vest Dundee surfaced during the summer of 1984 when several RV and
boat owners,who had parked their vehicles in their driveways,received notices frost he police ,�i,
. that they were violating a village ordinance, They were given 25 days to move their vehicles.
Realizing they had a problem to be resolved,board m gave the RV and boat owners
a six-weeks grace period while the board attempted to work out the problem
r At that time, the West Dundee zoning code prohibited parking any boat or RV, including
# motorized units, in a residential area if that vehicle was more than 10 feet high, 17 feet long,
eight feet wide and was within a front yard, side yard, or ant driveway. Vehicles also had to .
be more than six feet from any building and three feet from any property line •
After receiving several complaints, the police cracked down and started ssuing citations
' To complicate the situation, there were no RV storage facilities in West Dundiee.
The new rules presented to the village board were passed by a unanimous vote,_and are
'° favorable to RV and boat owners. The new length limit for vehicles in side and rear yards is
: 30 feet, and small RVs (but not boats) can be stored in driveway& ,-,
�. f
To add to the flexibility, the new ordinance also allows RVs to be left in a front dri.✓eway
° ":` for up to 48 hours in any 15-day period for loading and unloading, maintenance,and visitors, :
l'. however, .nobody is allowed to live in the vehicle. ,
1.� 4 A..
AN ORDINANCE AMENDING CHAPTER XII ZONING,ARTICLE II GENERAL ZONING DIS-
, §1., TRICT REGULATIONS,SECTION 210 OUTDOOR STORAGE OF TRAILERS AND BOATS OF
THE MUNICIPAL CODE OF THE VILLAGE OF WEST DUNDEE.CL OF 1973,AS AMENDED
ADOPTED BY TIIE
VILLAGE BOARD
OF THE
e VILLAGE OF WEST DUNDEE,ILLINOIS
THIS STH DAY OF DECEMBER 1983
. PUBLISHED IN PAMPHLET FORM BY ALTITIORITY OF THE VILLAGE BOARD OF THE VIL- .,
LAGE OF WEST DUNDEE,KANE COUNTY,ILLINOIS,THIS 6TH DAY OF DECEMBER. 1983
a ORDINANCE 83-13
. AN ORDINANCE AMENDING CHAPTER XII ZONING,
, ARTICLE II GENERAL ZONING DISTRICT REGULATIONS, '
SECTION 210 OUTDOOR STORAGE OF TRAILERS AND a
BATS.OF THE MUNICIPAL CODE OF THE VILLAGE OF
WEST DUNDEE.ILLINOIS OF 1973,AS AMENDED
Be it ordained by the President and Board of Trustees of the Village of West Dundee.Kane
. County, Illinois: ;.
4 section 1:That Chapter XII Zoning,Arcade II�Zoning District Regulations,.
` .� Section 210 Outdoor Storage of Trailers and Boats,of the municipal Code of th�,�littage off Nest '
a Dundee,Illinois of 1973 ,and the same hereby is amended,by repealing said section in its
entirety.The,amended chapter shall be designated as Chapter XII Zoning,Article U General
e ea 4 Zoning District Regulations,Section 2110 Outdoor Storage of Recreational Vehicles. Boats,and
a Trailers. the same now to read as follows: =
CHAPTER XII Zoning
ARTICLE U General Zoning District Regulations
SECTION 12-210 Outdoor Storage of Recreational Vehicles,Boats,and Trailers
A. Definitions
1. Boat Means any device used or capable of being used for navigation on water.
2. Trailer Shall include every vehicle designed or utilized for the transportation of
any boat,auto,snowmobile,and the like,which does not have motive power,but
is designed to be drawn by another vehicle.
• j
{ „ 3. Recreation Vehicle: Is a vehicular,portable structure built on a chassis,designed to 1■
. bused as a temporary dwelling for travel,recreational and vacation uses and/or
vehicles with"RV"license plates.A recreatipn vehicle shall include but not be
linxited to the following:travel trailer,pick-up campen motorized home,camping
trailer:
e.toe, t . 4. Owner Means a person other than a lien holder having a property interest in or
title to a boat,trailer,or recitation vehicle.The term includes a person entitled to .
t
7 � the use or possession of a boat,trailer,or recreation vehicle,subject to an interest
"htet.t" in another person,reserved or created by agreement and securing payment or
,' 4 performance of an obligation.
B. General Conditions
?7 1. Dwelling Use No boat,trailer or recreation vehicle shall be used as a dwelling.
t, S storage or an accessory building.
2. Construction Use A recreation vehicle may be used as a temporary office or t
storage space incidental to construction of a building/development for the period of
time such construction is actively undertaken,provided such vehicle is located on •
1a the same or contiguous lot as the building/development under construction.
3, Flammable liquids:The owner of a boat, trailer or recreation vehicle shall not
t."4 w park, let stand,or store such vehicle leaving flammable liquids aboard other than •
in Illinois Department of Transportation or United States Department of Transpor-
tation 1 " approved containers.
, net',: 4. Dangerous or Unsafe Storage:The owner of a boat,trailer,or recreation vehicle
shall not park,let stand,or store such vehicle in such a manner as to create a
A,,,,-,,t; t, dangerous or unsafe condition on the property where parked, permitted to stand,
or stored. Parking,standing or storing the boat,trailer or recreation vehicle in such
' fashion that such vehicle may tip or roll shall be considered a dangerous and
unsafe condition.
. S. Street Parking: No boat,trailer,or recreation vehicle shall be permitted to park on •
any Village street or parking lot between the hours of 2 a.m. and 6 a.m.At no
ta IX r time shall a trailer be left upon a Village street or parking lot unattached to a . •
• ea a motorized vehicle.
6. Proof of Ownership: A legal or beneficial owner of,or lessee of the property shall
have,and display upon request to authorized Village officials, proof of ownership
of a parked,standing,or stored boat, trailer or recreation vehicle.
eb 7. License Required: All boats, trailers,or recreation vehicles shall display current
State license plates or other registration certificates.
8. Dumping: Boats or recreation vehicles shall dump sewage only into approved
sanitary facilities.
C. Residential District Regulations
' ;- A boat, trailer,or recreation vehicle may be parked,permitted to stand or stored out of
t _ 5.a doors in any residential district subject to the following conditions and restrictions:
r , I. General Conditions
' x ',_: _ a.. Mobile Condition:A parked,standing or stored trailer or recreation vehicle ,
' a shall be maintained in mobile condition.
j ,t ;. _ . ' 29
t . at . , i. 0•,` , ) .I a .....•,':;1•12',:t.r t
f.,
s' b. Tieniporary l oaeiing/Parkin Boats,trailers,and recreation vehicles shall be
-.,e, e.,2 , i permitted to be temporarily parked be the front driveway of any residence for
up to 48 hours within any 15 day period to accommodate loading/unloading a
"...s? .; operations,out-of-town guests.and minor repair/maintenance work.
;-''.•:'. e. Indoor Stara e:A boat,trailer or recreation vehicle may be stored indoors
i ptavi ed that the residence maintains two off-street parking spaces as required.
2 Number of Vehicles No More than 1 boat/trailer combination and 1 recreation '
I,,.'''''•:, 1 • vehicle may be stored on any one Residential lot.Kayaks,canoes.and rowboats
. ,z r: : shall not be considered a boat for purposes of this subsection.
�' t
'd-2,.'i 3. Bulk and Location Restrictions—Side and Rear Yard: No boat,trailer,or recreation
,; '' vehicle stored in a residential district shall exceed the following dimensions and
I locations:
a. Height: 11 feet excluding antennae.
',' b. Length 30 feet.excluding hitch,tongue,and other appendages. '
c. Width° 8 feet excluding attached hardware.
S ,' 7 d. Rear Yard:closer than 3 feet from the rear property line. ,
t ;t,I e Side Yard:closer than 3 feet from the side property line.
" ' 4. Bulk and Location Restrictions---Front Yazd_No boat,trailer,travel trailer.or -
camp-ing trailer shall•be allowed within any front yard except as otherwise
provided in Section Clb Temporary IWading€Parking.No motorized recreational
vehicle shall be stored in a front yard except on a driveway which meets adopted
'e F driveway standards and shall not exceed the following dimensions and location: ..
a. Height: 7 feet excluding antennae • •
'`' b. 20 feet
. ,} ' 4i c. Width: 8 feet
1
d. Set Back: 15 feet from the public right of way
i ti Section 2:That any and all ordinances,resolutions,and orders,or parts thereof,in
is , ' conflict with the provisions of this Ordinance,are to the extent of such conflict repealed.
--.:et-'4 �'''. Section 3:That if any section, subdivision,sentence or phrase of this Ordinance is for
t _ any reason held to be void,invalid,or unconstitutional,such decision shall not effect the validity
of the remaining portions of this Ordinance.
Section 4:That this Ordinance shall be in full force and effect from and after its
t L,` passage and approval as provided by law and after publication in pamphlet form pursuant to
the authority of the President and Board of Trustees.
t,; Passed by the Board of Trustees of the Village of West Dundee.Kane County.Illinois.
and approved by President of said Village this 5th day of December, 1983.
AYES: 6
,' a •4 NAYES: e
. ee ABSENT:
Thomas R.Warner
�, Village President.Village of
West Dundee.Kane County,U.
F
3 5 ., ATTEST: `
()^,. Margaret Jefferson
Village Clerk
. by
Barbara Haines
Deputy Clerk
y .„..1
c? •
1: 30 G ,_.:
x
„ -e
. IOWA, Maquoketa ,�
In 1981,Good Samers in Maquoketa,Iowa,requested a Legislative Kit in order to prepare
a pro-RV parking presentation to the dty coundi. Details of their actual activities are not
t available,but the current ordinance regulating RV parking in that community has been written
for the convenience of RV owners. ft provides for front driveway and/or front yard parking
when space is not available in the side yard and there is no reasonable access to the side or
rear yard.
't * It is interesting to note that this particular ordinance addresses the issue of LP-gas containers,
requiring that they meet certain i standards and that valves be dosed unless the vehicle is being
:.(.:e readied for immediate use
•;� ; The ordinance also allows sleeping in the vehicle for a period not exceeding 72 consecutive
' hours to provide for non-paying guests. -
r 5-IC-6:D ONS OF RECREATIONAL VEHICLE y
�'' ''` AND VESSEL:
^ r As used in this ordinance,camping and recreation vehicles and
.o . equipment is defined as and shall include the following:
'� Recreational Vehicle: A general term for a vehicular unit not exceeding thirty-six (36) feet in
overall length,eight (8) feet in width, or twelve (12) feet in overall height, which applies to the
t .'' following specific vehicle types:
T 1. Camper Trailer—A folding or collapsible vehicular structure,without its own power;
31
designed as a temporary living quarters for travel,camping, recreation,and vacation uses;
,..%.,t`: and be licensed and registered for highway use. ,.
. `^` °} 2. Travel Trailer A rigid structure,without its own motive power,designed as a temporary
I dwelling for travel,camping,recreation,and vacation use; be licensed and registered for
z . highway use; and which when equipped for the road,has a body width of not more than ■
eight (8) feet. `"
*'= t 3. Truck Camper—A portable structure, without its own motive power;designed to be _
f'=..4..A•' transported on a power vehicle as a temporary dwelling for travel,camping, recreation, and
vacation use; and which in combination with the carrying vehicle; be licensed and
registered for highway use.
CZ n` .4. Motor Home--A vehicular unit built on or as a part of a self-propelled motor vehicle
' chassis, primarily designed to provide temporary living quarters for travel.camping. 1
recreation, and vacation use and to be licensed and registered for highway use
'• .:� 5. Boat Trailer A vehicular structure without its own motive power,designed to transport a
' 03 recreational vessel for recreation and vacation use and which is licensed and registered for
C.D highway use.
tt1
—I 6. Horse Trailer—A vehicular structure without its own motive power designed primarily for
the transportation of horses and which, in combination with the towing vehicle, is licensed
and registered for highway use.
' 7. Utility Trailer A vehicular structure without its own motive power designed and or used
t for the transportation of all manner of motor vehicles,goods,or materials and licensed and
,e;.:,.,,-,`,,,,.•..::.. registered for highway use
' Recreational Vessel: A general term applying to all manner of watercraft, other than a seaplane
„ on water, whether impelled by wind.oars,or mechanical devices,and which is designed
. '` primarily for recreation or vacation use A recreation vessel,when mounted upon a boat trailer,
31
1
y'
O 'f+. .t.•1 .s''.Y .,... vYc . a'1 a? ..rx .' ��' Mr r t. ' F i 'S yid Er.
�`... ■ } •:S i t r.�. A ia1, 1. 1,.
,, " Y and its towing ve r, e when parked, shall be considered one,(l) unit,exclusive of its towing
'` vehicle.
y 5-1C-7:REGULATIONS GOVERN l4G RECREATIONAL VEHICLES a
AND VESSELS:
Any°stoner,lessee,or bailee of a recreational vehicle may park
ela '-' one such vehicle or one such vessel on a single lot in a
residential district,subject to the following:
1.* Such recreational vehicle or vessel shall be maintained in a clean,well kept state so as not
to detract from the appearance of the surrounding area
2. If such recreational vehicle or vessel is equipped with liquified gas containers,such contain-
:T ers shall meet the standards of either the Interstate Commerce Commission or the Federal
Department of 1 ansportadon or the American Society of Mechanical Engineers,as such
standards exist on the date of passage hereof.Further,the valves of such liquified petroleum
gas containers must be closed when the vehicle,or vessel is not being readied for immediate
V1 a—de use,and in the event that leakage is detected from such liquified petroleum gas containers,
immediate corrective action must be taken.
3. At no time shall such parked recreational vehicle or vessel be occupied or used for living, ..
- pa p .
z sleeping,or housekeeping purposes except as provided in sub-paragraph(4) of this Section. -.
ca a
l r , '4. It.shall be lawful for o 411,in-paying guests at a residence in a residential district to occupy
.,.'
one recreational vehicle or vessel,packed subject to the provisions of this ordinance,for
sleeping purposes only for a period not exceeding seventy-two(72)consecutive hours.The
total number of days during which a recreational vehicle or vessel may be occupied under
this sub-section shall not exceed fourteen(14) in any calendar yea.: 7
# 5. Such recreational vehicle or vessel may be parked in the following manner:
` (a) Inside any enclosed structure which structure otherwise conforms to the zoning re-
{ i quirement of the particular district where located.
(b) Outside in the side yard or in the rear yard,and shall not be nearer than two feet(2')
} ; to any side or rear lot line.
�. �. 1.
{ (c) Parking of recreational vehicles or vessels is permitted in front driveway or an area ad-
y ' jacent to the driveway provided:
r<
(I) Space is not available in the side yard,or there is no reasonable access to either
the side or rear yard.A lot shall be deemed to have reasonable access to the rear
a ::4...z, yard if terrain permits and an access can be had without substantial damage to
existing large trees or landscaping.A corner lot shall normally be deemed to haw
•o reasonable access to the rear yard.
' (2) Inside parking is not possible.
+ (3) The recreational vehicle or vessel may not extend over the public sidewalk or
publicly owned right-of-way.
x (d) The City Manager or Police Chief may issue a permit for parking on any City street or
I, +. alley for a period not to exceed seventy-two (72) hours.
` (e) The City Manager or Chief of Police may issue a permit for parking more than one
�, recreational vehicle or more than one recreational vessel on a single lot in a residential
, rt f district.
t °(f) The owner of a recreational vehicle or recreational vessel parked on a single lot in a 1
residential district shall also be the owner or the renter of such residential lot.
;:
:4-;,.. '
, 1.
•Ja,
fit
jam „ 32
d '` *
.
Y
1, NEBRASKA, Bellevue \r�^:
r+ ,
4
A few months after the establishment of a favorable RV parking ordinance in Albuquerque,
t , rY
New Mexico (see page 41), Good Sarver Victor Clarence of Bellevue, Nebraska, served on a
similar committee with the same favorable results.
,1 Using the Albuquerque ordinance as a guideline,the Bellevue committee tailored it to suit ,,
. the needs of their own community..
ORDINANCE NO 1115.
?' • AN ORDINANCE RELATING TO PARKING AND STORAGE OF k•>
.', RECREATIONAL VEHICLES,TRAILERS AND BOATS:
DEFINING TEEMS; PERMITTING PARKING AND USAGE
a'''''of-t THEREOF: REPEALING SECTIONS 2240,2241,2437,2438,
• 24371,24381; 2537,2538,2637,AND 2638 OF ORDINANCE
: ':"
NO 770,THE ZONING ORDINANCE OF THE CITY OF
'' ' BELLEVUE;TO PROVIDE AN EFFECTIVE DATE.
• ,a; Vii.
• {, 4 '. Be it ordained by the Mayor and Council of the City of Bellevue, Nebraska:
; Section 1. For the purpose of this ordinance,the following definitions are hereby 's'
adopted:
RECREATIONAL VEHICLE means a vehicular unit not exceeding 40 feet in overall
, length,8 feet in width,or 12 feet in overall height, primarily designated as a temporary living
quarters for recreational,camping or travel use it either has its own motive power or is
designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes
• "f motor home, truck camper, travel trailer and camping trailer. A vehicle meeting the above
definition except for size is not deemed incidental to a dwelling unit,. s'
e
nee o. \ TRAILER means a vehicle without motive power designed so that it can be drawn by �`
1:' < , motor vehicle,to be used for the carrying of persons or as a human habitation, However a
* structure which meets the requirements of the Building Code of the City of•Bellevue in all ways,
`:i' including foundation is not a trailer,whether or not it was once a vehicle. ,:•
, :.:%,'',".".'.` BOAT means a vehicle for traveling in or on water not exceeding 40 feet in body
length, 8 feet in width,or 12 feet in overall height. Height includes the trailer if the boat is
o { mounted on a trailer. A vehicle meeting the above definition except for size is not deemed
'
' e-.1.,-,,I:., incidental to a dwelling unit. °`
r
' ;: YARD, FRONT,means that part of a lot between the front for line and the fiont(s) of
the principal building on the lot,and extended to both side lot lines.
YARD, REAR, means that part of a lot between the rear lot line and the back(s) of the
r, t...principal building on the lot,and extended to both side lot lines.
..• y YARD, SIDE, means that pan of a lot not surrounded by building and not in the front
or rear yard.
iF
Section 2. In all residential zones provided for in the Bellevue Zoning Code,it is
permissible to park a recreational vehicle, trailer, or boat and boat trailer in the following
;, manner:
;; a
a. Parking is permitted inside any enclosed structure, which structure otherwise
S .
conforms to the zoning requirements of the particular zone, where located;
, '. b. Parking is permitted outside in the side yard or rear yard provided it is not nearer
than 2 feet to the lot line;
• K e. . O- c. Parking is permitted outside on a concrete driveway, provided:
T
, F�
k
�. fi• .A 4'7� x� {: .. ' ..r :. .�i. -in t+ .,..��:-. :.i. .'- .ree a r1•._ ,x. , A.,:; iR. I . ... .... ; 1.. ... 1.. r. , i�.� z, i .
r sK
ifib
1. Spacers not available•an the rear yard or side yard,or there is no reasonable
t. access to either the side yard or rear yard;:a corner lot is always deemed to
. 4 1 have reasonable access to the rear yard;a fence is not necessarily deemed to
prevent reasonable access:
2. Inside parking is not possible:
3. The unit is parked perpendicular to the front cnub.
` d. °1'he body of the recreational vehide or boat must be at least 13 feet from the face
of any curb;
j e. No part of the unit may extend over the public sidewalk or public thoroughfare
(right-of-way).
' r •` f. Parking is permitted only for storage purposes,and any recreational vehicle or
trailer shall not be:
1. Used for dwelling purposes,except for overnight sleeping for a maximum of 14
° days in any one calendar year.Cooking is not permitted at any tame.
2. Permanently connected to sewer lines,water lines,or edeca ici*-y.The ,
recreational vehicle may be connected to electricity temporarily for charging
batteries and other purposes.
3. Used for storage of goods,materials,or equipment other than those items
• considered to be part of the unit or essential for its inurrediate use
g. Notwithstanding the provisions of Subsections(3)above,a unit may be parked
' anywhere on the premises during active loading or unloading;and the.use of
i
electricity or propane fuel is permitted when necessary to prepare a recrratiotta1'
K iJ'
vehicle for use
h. The unit shall be owned by the resident on nhose property.the unit is parked for
storage.
' 1 Section 3.Sections 2240,2241,2437,2438,24371,24381,2537,2538, 2637.and
2638 of Ordinance No 770 are hereby repealed:
Section 4.This Ordinance shall take effect from and after its passage and approval
according to law.
{ tar
j, Passed and approved this 10th day of dune, 1974.
Signed/Robert M. ffawotth
a , Mayor
ATTEST:
Signed/Mary Struklcts
„nt,t City Clerk
First reading: May 13, 1974
Second reading: May 27, 1974
Third reading:June 10, 1974
,tl,.
4 y,� 36
i
..,I
' 4,
/I•L
}, NEW JERSEY, Tenafly -
Sy
:,-= When RV owners in the community of Tenafly. New Jersey, launched their legal battle,
. ,, RVs were "not allowed at all,"according to Good Salvers Frank and Olive Enos.
` This case dates back to 1979 when a lawyer representing the RV owners utilized information
:' from Good Sam's Legislative Kit to convince legislators to vote in behalf of the RV owners.
�, • The results, which went into effect in May 1979, permit side yard RV parking when it is �;•
determined that "the recreation vehicle cannot reasonably be parked in the rear yard . . . due
.t .
to the size of the lot and the location of permanent structure"or if it would require"substantial •
'_, removal of existing landscaping."
• ; RVers in Tenafly agree that it is an ordinance "that they can live with." ;
• . ': PUBLIC NOTICE
- " BOROUGH OF TENAFLY
e,sa :; ORDINANCE NO 1166 •
• °, . AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED:
"THE ZONING ORDINANCE OF THE BOROUGH OF {;•
.; .."' TENAFLY" KNOWN ORIGINALLY AS ORDINANCE 838 AS
{ AMENDED AND SUPPLEMENTED AND AS RE-ENACTED BY •
ORDINANCE 1158 ADOPTED JANUARY 23, 1979.
t 'y` BE IT ORDAINED by the Mayor and Council of the Borough of Tenafly in the County
of Bergen and State of New Jersey that the basic zoning ordinance of the Borough of Tenafly be
a_ and the same shall be amended and supplemented concerning the subject of recreational
vehicles, said amendments and supplements to be as follows:
' Section 1.Article VII, "Definitions", Section 700 shall be supplemented by the
insertion in alphabetical order or the following definitions:
" `' " RECREATION VEHICLE - A transportation structure,self-propelled or capable of being `'
towed by a passenger car, station wagon or small pick-up truck,of such size and weight as not
1: to require any special highway movement permits,and primarily designed or constructed to
• s a "' provide temporary,movable. living quarters for recreational,camping or travel use, or to.carry•
' ,. ,j such equipment but not for profit nor commercial use nor shall it be a mobile home. It shall
include but not be limited to the following defined recreational vehicles:
CAMPER A separate vehicle designed for human habitation and which can be
4, it: attached or detached from a light truck with the truck having either single or double rear wheel
e0 and with or without an assisting tag axle and wheels mounted either On the camper chassis or
., the truck chassis behind the truck's rear wheels. When removed from the truck,campers are
• 5 called unmounted campers.These campers are sometimes called truck campers.
az - CAMPING TRAILER -A type of trailer or trailer coach,the walls of which are so
y. W constructed as to be collapsible and made out of either canvas or similar cloth,or some form of
--1 rigid material such as fiberglass or plastic cr metal.The walls are collapsed while the recreational
' vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary
living quarters and is not being moved.
f MOTOR HOME - A structure constructed integrally with a truck or motor van chassis
designed for human habitation and incapable of being separated therefrom.The truck or motor
4_ "• van chassis may have single or double rear wheels. •
• ':,� BOATS, SNOWMOBILES AND THEIR TRAILERS- A boat or snowmobile trailer is a
vehicle on which a boat or a snowmobile may be transported and which is towable by a
,'.v.:-•.e-4.•:,! passenger can station wagon,pick-up truck or a recreational vehicle as defined.A private boat
' or private snowmobile when removed from the trailer is termed an unmounted boat or snowmobile.
, 37
3 . ,,`,, ,,,,r .., .4 , tix. ° .t e.s '.4 r Y t 4 ,-•
} - { Y ; o
•.
4.
MEMORANDUM 1
_= CITY OF TIGARD, OREGON
,::::.-7‘-
TO: Mayor and City Council r
d:
sa,.
FROM: Patrick Reilly
DATE: November 10, 1992 ''�
SUBJECT: RV Parking
,. History
In July, 1991, storage of recreational vehicles, trailers, campers
and boats in front yard became an issue due to a number of
complaints. After studying the issue and meeting with all NPO°s,
NPO 5 initiated a request to delete the prohibition of front yard
, storage from the development code. A summary of the results of the
- NPO meetings is provided in the attached July 17, 1991 memo from
Liz Newton.
In December, 1991 the Planning Commission recommended unanimously
M,,
` against repeal of code section 18.96.060 A. which prohibits the
' storage of such vehicles and units in the required front yard
setback. In February, 1992, the City Council held a public hearing J
} on the proposed repeal and also voted unanimously against repealing
,a the code section. Minutes of the December 2, 1991 Planning
Commission meeting and the February 11, 1992 City Counci.'l meeting
are also attached.
In late June, 1992, Councilor John Schwartz and Dick Bswersdorff i'
met with Rick Perkins and a local representative of the Good Sam
` y; Club (a national RV owners club) as a result of a request to the
Council. After that meeting, staff prepared a summary of what
, ; other cities across the country do to regulate RV's and other
" similar units. This was reviewed by the Council on October 20,
1992 who requested an additional workshop on the issues involved. ;
{' W Other Cities _
•
r Most of the material provided for the October 20 meeting came from
' ' a9 excerpts of ordinances from around the country. Additional
4 t information was requested from local jurisdictions. This included:
Hillsboro - Police controls RV parking on the streets,
blocking sidewalks and clear vision areas; There are no other
regulations controlling RV's.
Gresham - Only in the 5,000 and 7,000 square foot low density
'`4, zones are recreational vehicles mentioned. They must be
a ;t parked on a hard 'Surface such as compacted gravel, concrete,
,
,,
asphalt, or similar durable surface and are only restricted
from parking in the clear vision triangle of corner lots.
Wilsonville - Has no regulations regarding RV's
° Lake Oswego - Not allowed in public right way, nothing
` addresses aesthetics, There are no regulatio;as addressing RV's
, on private property.
�u.
Washington County - Has no limits on storage of such units in
residential zones unless the number exceeds five which is a
,,= code violation.
as a Options -
There are a number of possible ways to proceed. These include:
,. � . p y p�
1. Do not repeal ordinance section 18.96.060 A. This would
mean that RV's, etc. would still be restricted from being
parked in the required front yard setback.
2. Repeal the ordinance section that restricts parking in
the required front yard setback. Clear vision standards
(18.102.050) can still regulate the parking of RV's, etc.
'" that would block the vision of vehicles backing out of
adjacent driveways. Parking on a public street, living
{ x '_ or sleeping in an RV or the connection to water or sewer
{ services would be regulated by other code provisions.
} 3. Modify the existing ordinance for clarity, health and
safety but allow RV's, etc. to be parked in the front
yard. Possible code language:
Boats, trailers, campers, camper bodies, house trailers,
recreational vehicles or commercial vehicles in excess of
3/4 ton capacity are allowed to be stored in a required
front, side or rear yard setback in a residential zone
'y}
but may.not:
, a. be parked in a visual clearance area;
b. be used for sleeping purposes for over 72 consecutive
�-'
hours;
c. be connected to water or sewer services;,
a r+ ,
s t`
4. Modify the existing ordinance for clarity, health and
is ca
as in # 3 above with the added limitations:
`�. safet y
°-� Boats, trailers, campers . . . . .
d. Only one such vehicle or unit may be parked in the
front yard. Said vehicle or unit must be parked at
least 10 feet back from the outside edge of the
'< a sidewalk, face of the curb if there is no sidewalk,
•
- . u,. 4I .x , ^. a" +� tS, 44",,'171' * 6,� ""_ ',$rl ,� va
or from the edge of the paved surface of the street
., if there is no curb or sidewalk.
' e. Front yard storage or
.. ' g Parking shall be hard surface
- or graveled.
f. The vehicle or unit must have current state license
plates or registration and must be kept in mobile
condition.
5. Modify the existing ordinance to
prohibit storage in the
required front yard setback unless there are physical
characteristics of the lot, landscaping or the lack of
o reasonable access the side or rear Yard which would
preclude such storage. Possible code language:
Boats, trailers, campers, camper bodies, house trailers,
recreational"vehicles, or commercial vehicles in excess
} r i
{ e" required o of 3 J4 ton capacity shall not be stored in a re
front yard in a residential zone unless due to physical
characteristics of the lot, building or landscaping,
space is not available in the side yard or there is not
reasonable access to either the side or rear yard. A lot
n �, shall be deemed to have reasonable, access to the side or
rear yard if terrain permits and access can be had
without substantial damage to existing trees or ,
landscaping. A corner lot shall normally be deemed to
have reasonable access to the rear yard. A fence is not
deemed to prevent reasonable access.
•
Recommendation
;
There appears to be no community .consensus on the need for
aesthetic control relative to RV's etc. Public safety can be
controlled by existing visual clearance regulations and `
subdivisions that wish to control parking can do so through
{ protective covenants and restrictions. It is, therefore,
recommended that option #2, to repeal the code section altogether,
be chosen.
i f
. ,. !�� r• fir 4 ... t •3 *' .]'.
S 4 t
}'
t., MEMORUTM
CITY OF.TIGARD, OREGON
e
ri~ TO: Dick Bewersdorff, Senior Planner
FROM: Liz Newton, Community Relations Coordinator
DATE: July 17,• 1991
-+ SUBJECT: NPO Comments on RV Storage Ordi nonce
{
yr�
On Wednesday, July 10, 1991, I facie.Ntated a discussion with 81PO's 1/2, 4 c 8 to
discuss the NE0 5 proposal regarding RV storage.
{ By a vote of 13 - 2, the members present favored some regulation of RV storage
in front yards. Six maple favored leaving the ordinance as is, S favored some
modification to regulate front yard storage.
' a Suggestions for regulation of front_yard storage included the following:
o Prohibiting front yard storage except in cases of hardship.
0 Allow front yard storage as long as vision clearance requirements
are met.
t + o Allow front yard storage as long as the vehicle is behind a legal
fence.
e. j
o Allow front yard storage where there is a minimum of 50' frontage. '
Most of the people in attendance felt that the 7500' minimum proposed by NPO 5
is discrim*e story. There were concerns raised about pie shaped lots that may meet
•
the 7500 minimum but may not have room in the front to store an RV or smaller
A/".- lots with front yards that are adequate.
{` +x There were some concerns raised regarding the city's current 'enforcement by
a ' complaint' policy. Some felt that if ordinances can not be actively enforced they•
should be repealed.
The biggest concern expressed was that if RV storage Is permitted in the front
{ }. yard vision clearance provisions must be met.
..� . .k
1
•
7. PUBYac T C - 2tYNE ORDINANCE T ZOA 9l-O005 FRONT
YARD STOP '( •5)�„ A proposal to delete section
T ry 18.96.060 (A) of the City of Tigard Community Development Code .::
prohibits front
i .: � which P yard storage in a residential zone. . ::
Section 18.96.060 fi ®rage in y Front 'Stara (A) states: Boats, .
r trailers, campers, camper bodies,* house trailers, recreation
ll vehicles, or commercial vehicles in excess of 3/4 ton capacity
,; shall not be stored in a required front yard in a residential
zone. LOCATION: Citywide APPLICABLE APPROVAL CRITERIA:
Community Development Code Section 18 22.040 and 18.96.060 `
a. Public hearing was opened.
b. There were no declarations or challenges.
' 4
• C. Senior Planner Dewersdorff reviewed the Staff Report as `
submitted to the City Council in their meeting packet.
A.
d. Public testimony:
- Opponents (against amendments)
Harry L. Schukart, 11910 S.W. Morning Hill Drive,
; Tigard, Oregon advised he was testifying as
President of the Morning Hill Homeowner's t: Association. He said 95% of the association
members were opposed to the amendments because such
'` action would likely lead to other unsightly front 4f
y y yard storage.
s; Mr. Schukart advised that if people can afford
�a1 recreational vehicles (rv's) , then they should be
able to afford to store them in a proper place. He -
',.'. %,*; said covenants and restrictions would be one way to
regulate front yard storage; however, residents
would have to file a civil suit and go through the
I:ith e. - court system. This, he advised, would be too
a costly.
s.
s: • Teri Wasco, Tigard, Oregon, noted problems with
to cars parking on sidewalks or streets because of
front yard storage of rye's. She noted aesthetics
would be damaged and front yard storage was "visual
harassment." She cited several existing problems ,
near her neighborhood.
w
. Cal Woolery, 12356 S.W. 132nd Court, Tigard, ,
1` Oregon, testified as Chair of NPO 7. He said the
IWO would not want to see any change in the current
ordinance and recommended improvement of
CITY COUNCIL MEETING MINUTES FEBRUARY 11, 1992 - PAGE 6
;4.. 4 di '.:.t j'''' :',1 :, 4)4t :!,,,,,,,_1. t4 1'. 4• 7 l a ,Y
f S
1; Y
y - enforcement of the current provisions. ,y.`
,a P:' Dale Rossman, 13355 S.W. 76th Avenue, Tigard,
Oregon noted he would not want the current
ordinance changed. . Be cited safety issues and x.:.
{ adverse affects on Market values if ryas were
` allowed to
park in front yards. He added that,
while the ordinance was not perfect, it gave City
;, staff some ability to regulate problems.
4,
. . D. C. Paul, 14137 S.W. Fenno Creek Court, Tigard,
` Oregon, testified as President of the Colony Creek
Estates Homeowners' Association. Hr. Paul said
residents in. his area were 80-90%0-90% opposed to
'' repealing the ordinance as was being proposed. He
cited the desire : to maintain attractive
neighborhoods and adverse affects on property
values if the ordinance was repealed. 4.
. . Mike Brewin, 9955 S.W. Kable, Tigard, Oregon, ,i;
requested that Council not repeal the ordinance.
He, too, cited adverse affects on property values.
Mr. Brewin distributed pictures taken earlier in
the day which illustrated his point about the
•`"• , current problem in Tigard. (Note: Mayor Edwards,
4 A during later remarks, commented that many of the
photos were of situations which would not be
1 addressed by current language. )
«" Mr. Brewin urged Council to not change the
e ,r i .< ordinance because of a vocal minority who were 7.
breaking the law on this issue.
° Proponents (for amendments)
1
t;
I ; -:
' ' " recommended that the Council maintain the existing
regulations, citing neighborhood aesthetics as the main
rationale. In addition enforcement, safety, and
_ • infringement of another's property rights were of concern
<,tt'
to the Council.
e. Motion by Councilor Johnson, seconded by Councilor
Kasten, to deny the NPO 5 application for the repeal of z.
, , Section 18.96.06 A.
y The motion was approved by a unanimous vote of Council
present.
f. Councilor Johnson requested a conversation by Council at
a future study session meeting regarding policy on Code
Enforcement.
8. CO�TiSI _____ IQ OF SION OF CIT9C STREET VACATION OROINANCfl
M a. Senior Planner Bewersdorff reviewed this agenda item.
Y The proposed ordinance would revise the City's street
vacation notification requirements to coincide with 1991
changes in Oregon State Statutes. i-
•
b. ORDINANCE NO. 92-05 - AN ORDINANCE TO AMEND PROVISIONS OF
>t 1 ° THE TIGARD MUNICIPAL CODE PERTAINING TO NOTICE OF PUBLIC
HEARING FOR STREET VACATIONS, SECTION 15.08.120.
br c. Motion by Councilor Kasten, seconded by Councilor Schwab,
to adopt Ordinance No. 92-05.
y. .4
>Y The motion was approved by a unanimous vote of Council
4 ■ present.
i3
. 1 9. EXECUTIVE SESSION: The Tigard City Council went into ,.
`:;. Executive Session at 8:45 p.m. under the provisions of ORS
:: .4 '.' . 192.660 (1) (d) , le) , & (h) to discuss labor relations, real
` 4 ::.. property-transactions, current and pending litigation issues.
10. ADJOURNMENT: 8:55 p.m. 1
emu w
Attest: / ". Catherine Wheatley, City order
2JC(____. .w „..dm yr, Ci yC-of Tigard
®8
Date: 3- , 0- q
h:Orecor r\ccm\caO219 Ax
CITY COUNCIL.MEETING MINUTES FEBRUARY 11, 1992 - PAGE 8 ,
f
• ■ ..8• 1''. r%,. 7 c o, 4 4 4) .+ . J. .r.s . .,4 ( , 4 t 5.j. ' -
-e
,, 5 ,3 ZONE ORDINANCE AMENDMENT ZOA 91-0005 FROST YARD STORAGE (ALL NPO'S) A
1 .
; proposal to delete section 18.96.060 (A) of the City of Tigard Community
Development Code which prohibits front yard storage in'a residential
.. °,. zone. Section 18.96.060 Storage in Front Yard SA Stars: Boats,
<' trailers, campers, camper-bodies, house trailers, recreation vehicles, -
• ''s or commercial vehicles in excess of 3/4 ton capacity shall not be stored
in a required-front yard in a residential zone. LOCATION: Citywide
.0• .. e APPLICABLE APPROVAL CRITERIA: Community Development Code Section {
�...: 18.22.040 and 18.96.060. '
o Senior Planner Richard Bewersdorff explained the applicant, NPO #5, was
seeking to do away with the rule prohibiting storage of items in the
front yard. He explained that this is an issue of community values '
t:• 4 _ revolving around aestheteies. He. discussed the C.C •& R's set up 4n
developments to deal with this issue.
P , 4A.
APPLICANT'S PRESENTATION
o Craig Hopkins, Chair of NPO #5, spoke representing the NPO. He said
that this section of.the Code was complaint driven, and therefore tended
. to be unevenly enforced. He described a specific incident where there
was some animosity between two neighbors, and this resulted in a
complaint bei ng®filedee. He suggested .removing this section from the Code
r �
because it is too difficult to enforce. '
; '• 4 ' o Discussion followed pertaining to C C & R's. President Fyre expressed
w ` , concele, as this was the only method of dealing with problems of this
• �
• : °` nature and many coamsunities did not have C C & R's set up.
• {. o Commissioner Barber inquired of Mr. Hopkins whether the NPO would be in
` , r favor of keeping this section of the Code if there were enough code
• s enforcement officers. Mr. Hopkins advised that the NPO would look
• :... favorably if the Code were consistently enforced. ,
o There was discussion about the term "required front yard" and Senior
z: Planner provided definition and clarification.
OPPONENTS
I. ;,r, o Bill Gross, 3019 SW Hampshire, spoke on behalf of NPO #7 opposing the
, proposed elimination of this section of the Code, as it would tend to
` have a detrimental effect on the appearance of neighborhoods. He stated
a that NPO members do not believe that C C & R's are the best method to
deal with yard clutter problems. He advised that the NPO finds that the
,, co policy is sound, whether or not the policing is difficult; He said
there was no basis for the proposal to allow larger yards to have more
'1
• .e clutter.
to " In response to a question from Commission Saporta regarding any middle
A ` ground which could be taken , Mr. Gross stated that the consensus of the
NPO membership was that the Code ought to be retained as is.
t
;a .4
',_
PLANNING COMMISSION MINUTES DECEMBER 2, 1991 PAGE 5
Z y tf',, $
. -. ' . 0 4.6
. „
,...,. , 4 0 .
{
stf1TAL
1q ' , 0 Craig Hopkins spoke again about the possibility for misuse•of the Code.
He described the loss incurred by the person who was cited in the
'{' particular instance which occurred in his neighborhood. He suggested
there were other avenues to deal with nuisances. °`
PUBLIC HEARING CLOSED
' 0 Commissioner Boone did not favor rejecting the code, because maintaining
r
the community is important.
o Commissioner Saporta said, while the specific incident Mr. Hopkins spoke
j '' • of was unfortunate, this.yas no.basis for altering-the Code. He said he
': • A ° would consider a modification to the requirements; but since the
,, applicant did'not favor this, he would vete to leave the Code as is.
': o Commissioner Moore agreed with Commissioner Saporta.i ' 9 p He described the C ;-
C & R's in his neighborhood, which he chose specifically for its
Y maintenance benefits. He noted that storage is n self-imposed problem.
1 ,,` He favored keeping the Code as`is.
,t fi s o Commissioner Castile counted he wool d--prefer to arrive at some '
compromise that would allow for some amount of "limited storage. Since
there was no compromise currently available, he favored keeping the Code,
o Commissioner Barber advised she did not like to see uneven enforcement.
1 ` She suggested there should be more than one code enforcement officer,.
'n' There was discussion about current resources in this area. She favored
keeping the regulation but with modifications to make it more
understandable.
.i `' o President pyre commented that having limited enforcement ability was not
justification for eliminating the regulations. He favored keeping the
Code as is.
n' ;•.
;
, * Commissioner Moore moved and Commissioner Saporta seconded to make a
recommendation to City Council against repealing the City Code Section
18.96.06 (A). Motion passed unanimously by Commissioners present.
6. OTHER
y
o Senior Planner Bewersdorff advised that City Council had upheld the
Planning Coninission's recommendation and study concerning Note 2 on the
ry ' study areas on the Transportation Plan Map.
,,a;
0
fir
,;
' " • PLANNING COMMISSION MINUTES DECEMBER 2, 1991 PAGE 6
rr
;tryk'
Z
1 , e
i x
nt' COUNCIL AGENDA ITEM
4' CITY OF TIGARD OREGON
,i;, COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February_a, 1993 DATE SUBMITTED: J_amu.ary 8. 1.993
} ISSUE/AGENDA TITLE: Public Hearing PREVIOUS ACTION: Planning Com.
{ ' {' Zoninc_Ordinance Amendment - Front Xard Recommendation 1-4-93
`` , storage--RV's,
boats. etc PREPARED BY: Dick Eewersdorff
DEPT HEAD OK CITY ADMIN OK REQUESTED BY Ed I mmhy
ISSUE BEFORE THE COUNCIL
,,: Should the City Council amend the restrictions on storage of recreational
x?+ vehicles, boats, trailers, campers, camper bodies or commercial vehicles in
excess of 3/4 ton in required front yard areas within residential zones?
„ The issue is primarily one of neighborhood aesthetics from a community
standpoint versus the convenience and desire of individual property owners to
:1 y
store this type of vehicle on within the front yard setback.
4 STAFF RECOMMENDATION
: Staff continues to recommend that the regulation be repealed for the
r following reasons: in many areas storage of campers, recreational vehicles,
e. '! boats, etc. can still be stored in the front yard because they are placed
4 beyond the required setback; and there appears to be strong sentiment against
enforcement by many property owners.
' ' :' On January 4, 1993, the Planning Commission recommended that the City Council
t. retain the existing regulations, citing neighborhood aesthetics and
appearance as the main rationale. Attached to this packet are background
' }f :, memos dated December 28, November 10 and August 27, 1992.
0,;"
INFORMATION SUMMARY -_--- - _---
� ' � ' The development code restricts storage of recreational vehicles (etc. ) in the
required front yard area with code enforcement done on a complaint basis.
5
a The existing code applies only to the required front yard (normally 20 feet)
1 and, therefore, campers, recreational vehicles, boats, etc. can be legally
stored in many front yards. Many newer subdivisions offer protective
covenants that restrict such storage. Older subdivisions with large lots
I have, in many cases, larger setbacks which allow front yard storage. In
1991, NPO 5 initiated an amendment to repeal these restrictions, following a
series of neighborhood complaints and discussions on the issues. In early
,,, 1992, the City Council voted to retain the existing regulations. As a result
A of new complaints, study and information, the Council directed staff on
November 17, 1993 to prepare revisions to the front yard storage restrictions
}j CD that would allow front yard storage if: (1) they do not interfere with visual
-� ' clearance; (2) they are not used for long term sleeping purposes; and (3)
they are licensed and remain in mobile condition. The attached ordinance
as incorporates the Council's direction,
,) The Planning Commission also reviewed the Police Department proposal to
°� ; include recreational vehicles under the those vehicles restricted from
t storage on streets. The Commission offered no additional. comments.
r 3 "
}
:d'� rd ..+T " .. .Z J {a`°1a s r ; a 1 � t 4 'k -,' y 'y y
PROPOSED ,TE IATIV"ES
1. Approve the attached ordinance to allow front yard storage subject to the
.*` limitations listed above.
2. Modify the attached ordinance.
1{y:
3. Direct staff to prepare an ordinance to repeal Section 18.96.060 A.
• 4. Retain the existing regulations as recommended by the Planning
d Commission.
FISCAL NOTES
None anticipated one way or the other; staff would shift priorities depending
on the Council's resolution of this matter.
•
•
•
•
3,,
•
a r t:: •s +� 1 t -t # t sv.
_
' ,r i CITY OF TIGARD, OREGON
a } } ORDINANCE NO. 93- y.
AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE
SECTION 18 A. REGARDING THE FRONT YARD STORAGE OF RECREATIONAL
VEHICLES,, CAMPERS, TRAILERS AND BOATS TO PROVIDE FOR THE FRONT YARD
' STORAGE OF SUCH UNITS WHILE RESTRICTING STORAGE IN VISUAL CLEARANCE
' AREAS, USE FOR SLEEPING PURPOSES AND REQUIRING SUCH UNITS TO BE LICENSED t.
AND IN MOBILE CONDITION,
WHEREAS, The City of Tigard finds it necessary to revise the Community
ry1- Development Code periodically to improve the operation and
'... implementation of the Code and ',
WHEREAS, the City of Tigard Planning Commission reviewed the staff
recommendation at a public hearing on January ,4, 1993 and voted to
aX WHEREAS, the City Council held a public hearing on February 9, 1993 to
'. ' consider the amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Community Development Code shall be amended as shown in
Exhibit a?A90. Language to be added is UNDEELINEQ. Language to be
deleted is shown in [BRACKETS]
This ordinance shall be effective 30 days after its passage by the
gal L' Council, approval by the Mayor, and posting by the City Recorder.'
PASSED: By vote of all Council members
present after being read by number and title only, this
day of , 1993.
Catherine Wheatley, City Recorder
f
APPROVED: This day of
_, 1993.
a.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
ORDINANCE No 92
% 4,4 , Page 1
•
•
.:b
AiA
•
1 a
EXHIBIT A
18.96.060 Storage in Front Yard
A. Boats, trailers, campers, camper bodies, house
trailers, recreation vehicles in excess of 3/4 ton -'
capacity [shall. not] may be stored in a required
front setback in a residential zone subi ect to the
following:
1: No s oh unit shalt
u. 1 be harked in a visual
; clearance area of a corner lot or in the
visual. clearance. area of a dzr �eway which
N2u�.c obstruct y1 Zon Erase an adj s c� emit
driveway or street.
2.. No such unit shy]1 be used for diae'iLling s`
,yrooses except that one camper, house troller,
o recreational: _vehicle may be use for
sleep1na. ourwoses anly b,_Y fri nr sa xe3.at
`" or visitors on land entirely owned by er
leased to the host person fora period rat_t2
exceed 14 days in one calendar year. Rralided
that such unit shl ot n b
al e connected 'ta env
} f utility,, other than temporary elecjricity
hookups and• •provided that the host person
shall receive no comRepsation for such
occupancy or use.
3. And such unit marked in the front yard .snal3.
have current state license plates or
re.istration and must be ace.t in mobile
conditi.o
4 14
0
a �
4 )
,- .. R , t d;`t , i .l"' ', •� .. ."{., ., j..,, i,a Y.. f 1 4 4' 4{;,i' ita r 4 y• •}
t -- S`� 'i�• AGENDA ITEM J.J.
/. j. .'�: MEMORANDUM
CITY ®r TIGARD, OREGON •
4
i
-`, 4 TO Planning Commission
FROM Dick Bewersdorff
DATE: December 28, 1992
• i SUBJECT: RV Storage in Front Yards
At its November 17, 1992 work session, the City Council directed 1 :* staff to prepare ordinance revisions to the front yard storage
: -;` requirements for recreational and other similar vehicles® The
1` revisions were to be reviewed at public hearings by the City
Planning Commission. and City Council.
The City Council proposed that recreational vehicles, trailers,
boats, etc. be allowed to be stored in front yards if:
P
:. e • zf o They do not interfere with visual clearance areas;
„ o They are not used for long term or permanently for
t sleeping purposes;
''; o They are licensed and remain in mobile condition;
k
” . In addition, it was suggested that there be a simultaneous review
`er '.r of a Police Department proposal to limit parking of such units or
{ 4: vehicles overnight on City streets. Chief Goodpaster has indicated
r;
, , the revised ordinance for parking adds recreation vehicles, etc. to
• ` `' the list of vehicles restricted from storage on streets. The
4 parking ordinance targets long term storage on streets. While the
i + T
: existing ordinance lists time frames for parking, the Chief
4.0 indicates that actual enforcement process takes from five to seven-
days. This provides time for those who park trailers, campers,
a. etc. on the street overnight for loading purposes enough time to
2 comply. While you are not required to hold a hearing on. the police
; 0 proposal, it is included for your perusal and recommendations. •
r
x• M Included in this packet is a proposed ordinance with draft wording
�
.,,_ M aimed at accomplishing what the City Council suggested. Also
. to included for your information are memos dated August 27, 1992 and
el f November 10, 1992 to provide additional background information.
There are also two diagrams indicating visual clearance areas at
street corners and at driveways.
Staff's recommendation continues to be to repeal the existing code
provisions entirely.
• a
S4$
f i < . S a, + t 1:' ; : t : • : r .1 .t, ?
,
EXHIBIT 'IA"
3
18.96060 oN"csIge yin Imtrat a y
}
A boats, trailers, campers, camper bodies, house
f trailers, recreation vehicles in excess of 3/4 ton tt
1' capacity [shall not] may be stored in a required
• ' , front setback in a residential zone. subject to the ;'
• k following:
'• .�.a.: � $' is __�,_ . : � �.. �•e � -,� •T' -• � _
': ' - .0 clearance area o a coKeg l®$ or ___
v-s .a.. c r. -.fat- -.- - - .. " .•`.i e., -' _ .. �.
ou • •b- t is" •'1.• `rQxa am as1i scent,
d 9 veway car` street ,
,, No such urai.t Sh 1 •e :.-.e• f• : b @,l -..
. ' . y..
. 0-e-4 etce• , !: L..= 1, •u=@ .. b,n.
ry
•._ e et . oft = t e II : • _' U • • ,,
:.. OleePing_RM ® s on ,Y bar lie .._..-01 a$3wes
or s 4 to o a • . e o d b o
y , =
4 •erso. io •e• od o$ to Ir
i leased $®' the host
e cee• • •: a • i- c,_GI •a: ,e- • o i• r••'
.t s ! :R.: 4.s _ I• ■- off; le -- • to •_:I:
;• �.''.' ti $ ss$ than7� $@ elec$rici$tr
hoolcuss ad s d • ovided th-t e host •ersson
`.. ;r a e @_:';a o1 . slat on for such
occupancy or use. .
r , 3• Any sazch una is harked a n $be Fran Zr ].
ard sha3
have curreE$ state lic@azse elates or
?:r registration an. out be ,e.t pobile x-.
condition
,t a'
`'u4/�-
7;q
1°• r n'
t
y:
ti
b
4 /t
jr
r
f
• ! ■ ' :- -,k fit i ' ;i ". .� j t !e r i•r F 4 a•
1 z s Y ! F'1 } a a t , . y ! 'r, I• J
.. . . • *
„ FliglYare 6
Clear 'Vision B
Driv s Leas ) ,
'' Than 24 Feet in Width
SAL
Q , •BLOC:. SETBACK LINE .:
� '(1 Qwd"3 FANI,ILY RESIDENCES) '
M l`
o.
•,:..-4-4,,;.,:
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i Cr CITY OF TIGARD, OREGON
ORDINANCE NO. 92-_
s ,
AN ofteleANCE AMENDING TM TIGARD MUNICIPAL CODE BY UPDATING DEFINITIONS;
, REPEALING SECTION 10.28.020; SPECIFYING PROHIBITED PARKING; WAND
REGULATING THE PARKING OF LARGE VEHICLES ON PUBLIC STREETS
4 1." WHEREAS,.the.Oregon Vehicle Code has been renumbered, and certain tee
re-defined; and
''; Nee/mass the City Council finds offensive advertising or sales of e.
merchandise from vehicles parked on public streets; and
A
•
WHEREAS, the City Council finds that maintenance or storage of vehicles
e \ on public streets. is offensive and can create a traffic hazard; and ,
fi WHEREAS, the City Council finds that the parking of trailers, camper's,,
,v motor homes and other similar vehicles on public streets or public j'
property can create a traffic hazard and obstruction; and
4
It, WHEREAS, the Tigard Municipal Code must reflect all of the above
:A}{• changes; now, therefore, i.'
fe THE CITY OF'TIGARD ORDAINS AS FOLLOWS:
'1.'44 SECTION 1: Section 10.28.010 of.the Tigard Municipal Code is amended
,'Ti to read as follows: ,�
x ;
10 28.010 Definitions.
(a) "Parking" or "parked" for purposes of the city motor
vehicle code, means the stopping or standing of any
•✓i4 vehicle upon any street or highway within. the city,
f 4 except for the purpose of and while actually engaged in
h+ loading or unloading passengers or freight, or in
t obedience to traffic regulations or traffic signs or
; signals.
(b) It is unlawful for any person to park or stop any
i= vehicle for a longer period"of time than that designated
by official signs, parking meters, or other markings ;"
le placed by or under authority of the city. "Parking time
limit" includes the aggregate of time of all stopping or a'
standing of the same vehicle on the same side of the.
..,J street within a space of three, hundred lineal feet
es ra
m. measured along the curb-line and between intersections;
a; and the parking, standing or stopping of any vehicle
-.: . within such expanse shall not exceed the designated time
limit during any three-hour period.
(c) For purposes of this chapter, the definitions of the
following terms as used , herein shall conform to the
t following ORS sections which by reference herein are made
..
a part of this chapter;
ORDINANCE No. 92--
, Page 1
1
•
. , (1) "Camper" is defined as set forth in ORS Section
e 801.180.
. ' (2) "Highway" or "street" is defillY
as suet forth in ORS
x Section 801.305
o T (3) «mobile honmes' is defined as set forth in ORB
801.340.
: (4)(4) "Motor bus" is defined as a Commercial Bus as set
forth in Oda 801.200
(5) "Motor home" is defined as set forth in ORS Section
801.350.
(6) "Motor truck" is defined as set forth in ORS Section
801.355.
(7) "Recreational Vehicle" is defined as set forth an
ORS 446.003.
(8) "Trailer" is defined as set forth in ORS Section
e 801.560.
G1
a (9) "Travel Trailer" is defined as set forth in ORS
801.565.
(10) "Truck Tractor" is defined as set forth in ORS
Section 801.575.
SECTION 2: Section 10.28.020 of the Tigani Municipal Code,
specifying purposes for which parking is prohibited, is
hereby repealed.
' SECTION 3: Chapter 10.28 is amended by adding Section 10.28.22 to
read as follows:
"Section 10.28.022 Pu ..ses for which arkan• is
prohibited.
' No person shall park a•Vehicle on the -right-of way of any
° • .' highu y, or upon any public street or public way within
the city limits for any of the following purposes:
* (1) Advertising, selling or offering merchandise' for
e'"?; sale;
e (2) Washing,, greasing or repairing such vehicle except
,-. .- 4 : as may be necessitated by emergency;
' (3) Storage, for any period of more than twenty-four
ti hours, except that this subsection shall be subject to
fi , 47;: the limits elsewhere prescribed in the city motor vehicle
r '•' code or as may be prescribed by the Oregon State Motor
`' Vehicle Code. It shall constitute prima facie evidence
®. of storage of a vehicle if the same is not moved for a
period of twenty-four (24) hours. The continuity of the
time shall not be deemed broken by movement of the
vehicle elsewhere on the block unless the movement
removes the vehicle from the block where it was located
ra + before it is returned. Any vehicle mentioned in this
w , subsection parked on the right-of-way of any highway, or
.J upon any public street or public way within the city in
violation of this subsection may be treated as an
abandoned vehicle and the provisions of Chapter 7.60
e shall apply. "
rX 1. ?
ORDINANCE No. 92
.' •Y Page 2
2
e. .,Spa,
a t Vii*
fit'?:'•
,r.. . • SECTION 4: Section 10.28.030 is amended to road as follows:
.4 Section 10.213.p30 dick a trailers bans. ca 3per a motorr
home, recreational vehicle and boat restrictions.
1 No person shall at any time park or leave standing a
; house trailer, motor bus, motor truck, tractor trailer,
i truck tractor, motor home, boat, vehicle with camper,
recreational, vehicle, or trailer, as defined in section
10.2 S.0 10 (c), whether attended or unattendEed, on any
i .. improved public highway, public street or other public
way within the, city limits, for :a period greater than
thirty (30) minutes, between the hours of one minute past
4-. 4-4: twelve a.m. and siz a.m... .
Tractor Trailer, Truck Trailer. No person shall at
any time park a tractor trailer or truck trailer as
described in. Section 10.28.010(c) unattended on any
• rsx improved public highway, public street or other
public way within the city 1.imits.
• ,4t SECTION 5: This ordinance shall be effective 30 days after its
• R"«F: passage by the Council, approval by the Mayor, and posted
by the City Recorder.
f,
PASSED: By vote of all Council members
present after being read by number and title only, this
� = day of
1992.
,
4• �
a,:y<, Catherine Wheatley, City Recorder t
APPROVED: This day of , 1992.
Gerald R. Edwards, Mayor
h>` Approved as to form:
City Attorney
I
Date
a 4
ORDINANCE No. 92-
Page 3
A<
Y:. t -1
L { ! a.:'
} .;:
�. COUNCIL AGENDA ITEM ,
ti
Ny.:
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY 4.
' AGENDA OF February 9,, 1993 DATE SUBMITTED: January S. 1993
1- ISSUE/AGENDA TITLE: Public Hearing PREVIOUS ACTION: anning Cam.
Doming Ordinance Amendment - Front d Recommendation - 1-4-93
,:' stora•e--RV's boats etc. med. BY: Dick Bewersdorff
"'' DEPT HEAD OK CITY ADMIN OK REQUESTED BY Ed Hurphy
ISSUE BEFORE THE COUNCIL
d;; Should the City Council amend the restrictions on storage of recreational
e . , vehicles, boats, trailers, campers, camper bodies or commercial vehicles in
y excess of 3/4 ton in required front yard areas within residential zones?
ee The issue is primarily one of neighborhood aesthetics from a community
ie ;, standpoint versus the convenience and desire of individual property owners to
t. store this type of vehicle on within the font yard setback.
STAFF RECOMMENDATION
t Staff continues to recommend that the regulation be repealed for the
following reasons: in many areas storage of campers, recreational vehicles,
°' boats, etc. can still be stored in the front yard because they are placed
beyond the required setback; and there appears to be strong sentiment against
enforcement by many property owners.
eee -
On January 4, 1993, the Planning Commission recommended that the City Council
;'t retain the existing regulations, citing neighborhood aesthetics and
1, "�yi_ appearance as the main rationale.
}
ee e
INFORMATION SUMMARY
a
: The development code restricts storage of recreational vehicles (etc. ) in the ,5
required front yard area with code enforcement done on a complaint basis.
a The existing code applies only to the required front yard (normally 20 feet)
;$ and, therefore, campers, recreational vehicles, boats, etc. can be legally
3 � ".' stored in many front yards. Many newer subdivisions offer protective
' covenants that restrict such storage. Older subdivisions with large lots
have, in many cases, larger setbacks which allow front yard storage. In
m - 1991, NPO 5 initiated an amendment to repeal these restrictions, following a
M series of neighborhood complaints and discussions on the issues. In early
c 1992, the City Council voted to retain the existing regulations. As a result
` , of new complaints, study and information, the Council directed staff on
..II 4, November 17, 1993 to prepare revisions to the front yard storage restrictions
t; m -' that would allow front yard storage if: (1) they do not interfere with visual
, 0 clearance; (2) they are not used for long term sleeping purposes; and (3)
they are licensed and remain in mobile condition. The attached ordinance -
incorporates the Council's direction. -
h - The Planning Commission also reviewed the Police Department proposal to
include recreational vehicles under the those vehicles restricted from
A storage on streets. The Commission offered no additional comments.
PROPOSED ALTERNATIVES
b 7 to li
1
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. .. ... .. ._, t. ra ) as .. !.„ m A' .. . ..
1. Approve the attached ordinance to allow front yard storage subject to the
-.a.',.'...,.: ..... limitations listed above. i
•2. Modify the attached ordinance.
''''.::..:''''':;'-''•..:'-'
t 3. Direct staff to prepare an ordinance to repe]. Section 18.96.060 A.
"' 4. Retain the existing regulations as 'recomme.lided by the Planning
. .,. Commission.
4'....:.•. ....i...„
- FISCAL NOTE
' -' None anticipated one way or the other; staff would shift priorities depending
. ? .. on the Council's resolution of this natter.
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1. .: ,:, .. ,:,. ,
- ,:t.., . .a 4. PUBI.•,Ii HEARING ZONING ORDIN NCJ AN %JT ZOA 9 l-OOOS (ALL
NPOtglo A proposal to amend section 18.95.060 (A) of the City
of Tigard Community Development Code to allow the storage of
boats, trailers, campers, camper bodies, house trailers,
in ,/3 recrea.Oional vehicles, or commercial vehicles in excess of 3/4
' ton capacity to be stored in a required front-yard setback in
a residential zone subject to the following:
1) no parking in visual clearance area;
2) use for sleeping purposes limited to 14 days per
°r; calendar year;
3) such units shall be licensed and kept in mobile
condition.
` a. Public hearing was opened.
b. Declarations or challenges.
Mayor asked if any members of Council wished to report r'.
any ex parte contact or information gained outside the
,$_ hearing, including any site visits.
: .. ;,.-' 1. Te Mayor and Council all advised they had received a
'eer call from Mr. Rick Perkins regarding this issue.
All members of Council indicated they had familiarized
$ themselves with the issue.
; There were no challenges from the audience pertaining to
y` the Council's jurisdiction to hear this matter nor was
ee,e there a challenge on the participation on any member of
.. j'; the Council.
`' e. c. Senior Planner Bewersdorff summarized the Staff Report.
s , The issue before Council was primarily one of whether the
t = City should amend the Code which restricts 'storage of
recreational vehicles (rv's) in the required front yard.
The required front yard is normally 20 feet. This is an
issue of neighborhood aesthetics versus the convenience
r and desire of individual property owners- Mr.
o ,.; ;;.': Bewersdorff reviewed the history of the issue; backup
material is contained the.packets information on file.
. w Because of complaints on enforcement of the ry parking
a° restrictions, the Council decided to review the issue
'i' once again. In November, 1992, the Council suggested
j that an ordinance be prepared for a public hearing that
e ..41
would revise the front-yard restrictions to allow parking
M in the front setback if it did not interfere with visual
w clearance; if rv's were not used for sleeping purposes
- over long periods of time; and that the rv's be licensed
and in mobile condition. New ordinance language to this .
effect was prepared and submitted by staff as 69Exhibit
A."
CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 •- PAGE 3
` .:red,
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W , Staff recommended that, unless there were significant
concerns about aesthetics, the ordinance be repealed. + '
-a. d Public Testimony:
Mayor read the following prior to public testimony:
i
;, For all those wishing to testify, please be aware
that failure to raise an issue with sufficient
• '» specificity to afford the Council and parties an 1`
opportunity to respond to the issue will preclude 4 '
an appeal to the Land Use Board of Appeals on this
issue Testimony and evidence must be directed
'": toward the criteria that staff' will describe or
aaa other criteria in the plan or land use regulation
.. which you believe apply to the decision.
s,
Proponents (favoring staff's recommendation) . ,
, Rick Perkins, 11740 S.W.. 114th Place, Tigard,
7` 7 Oregon, noted his appreciation that this issue was =:,.
being heard by Council.
Mr. Perkins disagreed that the purpose of the
current ordinance was for the safety and welfare of
Tigard citizens. He also advised of his concern
j with enforcement-by-complaint and the problems this
% 's causes within a neighborhood. .-
\\\
°#::. Mr. Perkins said he believed that most residents in
the City of Tigard agree with the staff's a
�_ l•a; recommendation on this issue. (Note: Mr. Perkins
- t ? i= submitted for Council review; this material is on
', file with the Council's packet information. ) r
a.
±' ' Mr. Perkins referred to a survey he conducted of '°
; l` , available storage space for rv's in the area. Be
noted that the private storage opportunities in the :,`
area cannot meet the current demand for storage
and, the situation would be even more difficult, if 4'
®. the current ordinance were to be uniformly
: m enforced.
, He advised of his difference of opinion that ry
parking, as proposed, would mean a decline in
property values ;a,
s He concluded by advising of his agreement with the
' staff recommendation on this issue.
7,
CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 - PAGE 4
-. 1 '1 00 el
3 ..
4.
• Beulah E. Martens, 11685 S.W. 114th Place, Tigard,
• ;;, Oregon testified she has lived in the Tigard area
¢; for at least 30 years. Most of the people` on her
street have had different types of rv's over the
years. She noted the positive influences on
families and retirees who iiae rv's for camping,
beach trips, fishing trips, atc.
*: David Disney, 10910 S.W. 108th Avenue, Tigard, '
4 Oregon, read a letter into the record (on file with
• s+ the packet meeting material) . His remarks were in
favor of the staff recommendation. He submitted :;?
information which supported that ry parking does
not decrease the value of a home; he noted many
' homes offer ry parking as part of their listing for '7
sale. :,.
Councilor Hawley questioned ter. Disney whether he '
had only just recently heard the argument (in the .
r last month) that ry parking would make property
values go down. He commented the concerns in
3i, .... Tigard with ry parking appear to be in the e, ' Summerfield and the 121st neighborhood areas. He
{ said he thinks that ry parking is needed because
there is a lack of storage facilities.
• Bob Larsell, 12040 S.W. North Dakota, Tigard,
'en, =---., Oregon, noted he was in full support of staff's
• ' recommendation. Due to the widening of S.W. 121st
Street, he advised he lost his side yard and does' , , not have the ability to store his camper in his
e''''" back yard. He noted others are in the same
tiT situation.
t{ • Craig Hopkins, 7430 S.W. yarns, Tigard, Oregon,
reported on a meeting he attend where Charles
�.. Turner, U.S. Attorney, and Ted Kulongowski, State `.
r ,{ of Oregon Attorney General, were the featured
. speakers. In their talks, both men made similar
s observations in that it is, their belief that the
5 r� primary role of government should be to secure and
• W maintain public safety. Laws, ordinances and codes
m should be developed to reflect this principle.
Anytime they don't, their value to the support of
' the true livability of a community becomes
+ ; questionable. It is precisely this lack of
0 anything to do with public safety which caused Mr.
;;, w Hopkins to regard the Tigard Development Code
• -a Section 18.96.060(a) , Storage in Front Yard, as
being a nuisance ordinance. The enforcement of
4.
1 this ordinance has historically been energized by
malcontent citizens seeking some kind of covert ;
. %:• '.{ CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 - PAGE 5
is r
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retribution against a neighbor. It puts the City's
' Code and law enforcement officers in the business
of being "aesthetics police." A very real danger
also exists in this ordinance in that the City
r could find itself subversively drawn into the
enforcement of various neighborhood CC&R's. `«a,
Mr. Hopkins asked the City Council to either repeal
Tigard Development Code 18.96.060(a) or change it
r with the proposed amendment.
Councilor Schwartz asked Mr. Hopkins if he was
speaking for himself or his NPO? Mr. Hopkins ;'
advised he was speaking for himself
l.H. Dames, 7670 S.W. Taylors Ferry Road, Tigard,
Oregon, declined to testify.
• JoAnne P. Hall, `12175 S.W. Tippitt Place, Tigard,
Oregon, advised she and her husband moved into
X Tigard in 1977. She supported Mr. Disney's
,.44. comments in that the first thing her husband told
aa
_ ` the realtor was that he wanted a piece of land
;" where he could park an rv. She said a lot of „"
people feel this way. She noted concerns with the
:LAS ` City dictating what people could do with their own
property, this is an invasion on their rights and
liberties. The major item which should be
considered is whether or not the ry is causing a
hazard to traffic or is it harming someone else.
• Lawrence Stover, 12155 S.W. Tippitt Place, Tigard,
Oregon, reported he lived in the Tigard area for 16
d '
years. He said he lives on a curved lot. It looks
as if from the diagram in the staff report (Page 4) RSr.
the enforcement for visual clearance would be
difficult.
With regard to the aesthetics and visual appeal of
property. He asked that' if he chooses, as a
private citizen, to place orange vehicles in his
driveway, then who does that attack? This is a
matter of individual preference.
He noted the economic hardship to pay a monthly fee
to store an ry off-site. '.
Opponents
Cal Woolery, 12356 S.W. 132nd Court, Tigard, Oregon
testified as chairman and on behalf of NPO 7. He
advised that received 14 calls on this issue from
CITE COUNCIL MEETING MINUTES -`FEBRUARY 9, 1993 - PAGE 6
',41"}
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� TEA t �'. `! A< r { A } ''� � f 5 1 ly}��{,
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,, • • • • • ..,.
1
,-. those who do not want this ordinance section
' ' repealed. In February 1992, this amendment was q'
='{" denied and he advised the NPO supported the denial.
� The NPO opposes a proposal, which would allow any
front-yard ry storage. The reason for the setbacks
are to give visual departure and access to the
properties.
In his neighborhood, several subdivisions have been '';
4; built to accommodate ry beyond the setback, in the
rear and in enclosures. ,
. ' The NPO is "entirely opposed to repealing of the ,'
x..
ordinance."
Mayor Edwards asked how many people attended the
NPO meeting. Mr. Woolery responded that when this
,Y item was reviewed, there was a quorum at all ,
t. meetings. About 30 neighborhood people attended '
` , the meeting in August '91. The last discussion on
this issue occurred last week at the NPO meeting;
Y ' , all members were present and were against repealing
' the ordinance. In response to an offer from fir. n.'
Woolery, Mayor Edwards said he would like to see
the documentation and notes from this NPO meeting.
Teri Wasco, 11591 S.W. 134th Place, Tigard, Oregon
` b advised she represented the Brittany Square
n Is s ., Development. She reported that during the last few
`'44. days, she received numerous telephone calls from
s, ' homeowners asking if she was planning on attending
this meeting, as they .'did not want this ordinance ,
• -. repealed. She said that Brittany Square residents
i''.. have been enjoying the benefits that this ordinance :
v„... brings to "our City,” including higher resale
values due to the fact that their neighborhoods "do
- ;- not look like Ft. Stevens State Park." Their lots
t• ip, are zoned R-5 and they ,do not have the ability to
rv's on the 5-foot setbacks. Higher resale values
bring higher appraised values and this enables to
pe City of Tigard to collect more revenue.
She cited problems in areas where parking of rv's ',
and vehicles are such that they do not fit entirely
in the driveway causing problems to a neighbor. In {
addition, she noted her objection to storage of
i' rv's in front yards covered with a tarp.
: By repealing this ordinance, she advised the City
would not only lose revenue, but would instigate a
whole new set of problems. She said the City :.
5 .1 zr CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 PAGE 7
4 .
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wit '` ak n 4i 4,. f v i� ,'~47 4 s 1Y 4'!''✓.'*r '''''''''44 1 Y f1.M., t5 '•:M' i -' '4 •. . ' • !^ .,y .4.!.'.a 'y fs4•
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streets would be cluttered with automobiles unable
to park in their driveways because would they have
<�. their rv's Parked in that space. In order for them
` at to park, they will have to place their automobile ,
over the sidewalk, which is illegal. This will
force pedestrians to walk out into the street; she
advised of her concerns for safety of children.
More accidents will occur when an individual is
•- trying to back out of their driveway and is unable
- to see because a next-door neighbor has parked
;_ their car in the street, too close to the driveway.
'e -e. , The additional vehicles parked on the street will
limit traffic flow and visibility for drivers.
Ms. Wasco said she sympathized with long-time
homeowners who do not understand why this should
affect them since the Code did not contain ry
parking restrictions when they purchased their
+ 1 home. However, she advised, things change, cities
progress, and most cities across the nation are 1;"
'f, requiring homeowners to find alternate
� �; � g parking for 'r
their rvs.
.,•:-,-,,, .
,; Ms. Wasco summarized by saying, "Why the City of
e. Tigard continues to vacillate with this�^ g problem for
. :., , the last two years makes no sense. Given the
1 4-: ' response that you received a year ago, February,
'' 11, it was apparent that the majority of homeowners
w r+.
were not in favor of this repeal. Why are we
r bringing this up again? Tigard will be taking a
' ' step back in the progress in the neighborhood
planning and livability if this repeal is approved.
'f` ^= <. Please remember this is not real 'Tigard' any
{ ^ ' longer; this is Tigard, Oregon, a member of one of
'{1 the most progressive counties and metropolitan
areas •in the nation. Let's keep it that way."
eee ^}` Councilor Fessler asked if the Brittany Square
1 e: '` subdivision had CC&R's. Ms. Wasco advised that
they had CC&R's, but did not have a homeowner's
M association. Enforcement of ry parking has been
Sj a done by the neighborhood through City Code.
•1, • Tara Trune, 11075 S.W. Cottonwood Lane, Tigard,
Oregon, advised that her neighborhood has .CC&R's
3 w addressing this issue, but they are not enforced
:,., because they do not have a neighborhood
a . association. She said people do not need to park
their rv's in their front yard. The lots in her
x area are small, 5-8,000 square feet; the front
yards are minimal with no place to park rvs. When
,. . e CITY COUNCIL MEETING MINUTES a FEBRUARY 9, 1993 - PAGE 8
YeSi1 . :,.. -;jJ ' .. .�Y f a- .'��� Z Y 1�" 1 r Y 4 i X . t, 1 11i T
' ^ 1 . 1. h„l. . 5:i .3r {• Y:. "e:', i Ali -5 x $lA + 4.^1 •", 4 f 4 s4:,',I,..,., .^'x.
. . . , . 0 e ,
b. , . ... .
,. .. her neighbor puts a camper on his truck, it „sticks
clear out to the sidewalk, and you can't see."
,b Another reason. Ms Trune objected to changing the -
,.1...1-*. ordinance was for aest4stics. She said she
believes that allowing ry parking would bring down ��
property values and it is en imposition for her to' ,
have to "look at" an ry all year round. If someone a
can afford to have an rv, then she thinks they '7
could afford to park it somewhere else to keep the /
peace and aesthetic value of the neighborhood.
she questioned to what length the right of doing r
what one wished with their property, and questioned " '`
r whether this should mean that she could have "pigs', '`
staked in her front yard. The majority of people,
• ` in her opinion, do not have rve. '.
k
. Three letters opposing changes to the current
x " ordinance were received and submitted to the City A
Council for their review. These letters are on
file in the Council packet and are as follows: ~'
1. Letter dated February 5, 1993, from Gerald. W. t,
Swan; , 13805 S.W. 118th Court, Tigard, OR.
a; 97223.
r ..
r 2. Letter dated February 5, 1993, 'from John F. -
Sedey, 11650 S.W. Hazelwood Loop, Tigard, OR
,- ; 97223-3309
z, .
3. Letter dated February 6, 1993, from Pat
`� Brownell, 10950 S.W. 115th, Tigard, CR 97223. x
e. Council Questions/Comments
-; Councilor Hunt commented that he lives in 1 / summerfield; they have a homeowners'
1 = association. He, joined the association
because of the restrictions in place. He said
� m he felt that he could not tell someone that
E they, too, could not have those same
restrictions. 1:
E He advised of a situation where someone
.' M purchased a Greyhound bus and they were
0 remodeling it into a travel home. He said, he
would not want this parked in a driveway next
-I to him which could be possible:if the proposed
- amendments were approved.
CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 - PAGE 9
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.
Another issue of concern to Councilor Hunt was
,: the allowance of the use of an ry for sleeping •
= purposes on residential property for up to 14
days per year. He questioned the ability to
Y enforce this part of the ordinance. 7
Councilor Hunt advised he would vote against
the proposed changes to the ordinance. ,�,;;
� o Councilor Fessler asked for clarification on
'.,-0 ,:' the visual and safety clearance provisions in
z the proposal.
Senior Planner Bewersdorff reviewed the
diagrams which. depicted the clear vision area
" � '; parameters which would continue to be •
enforced. `
,' Mr. Bewersdorff reviewed the safety standards;
• J - tongues from an ry would not be allowed to
hang over a sidewalk and ry storage would not ,
` .:+ be allowed on the public right-of-way. K
Councilor Hawley questioned staff about
Portland's ry regulations.. Senior Planner . :'`
. x::, Bewersdorff confirmed that Portland does •
regulate the parking of rye; their ordinance
is more restrictive than Tigard's current
,`; . ' ordinance.
* Councilor Hawley advised she was a member of
- , W NPO 5 when this issue first came up. She was
_..` , ,,' a member of the Planning Commission when this
issue was considered at a public hearing;
t however, she said she was not at this hearing•
nor did she attend the subsequent City Council
4t
hearing when this issue was considered last
time. ,•
4�` She said she believed that the ordinance, as +''
m it stands today, sets neighbor against
' at t neighbor. It allows the concept of anonymity '
'. to frustrate the Constitutional right to face
your accuser. It is not evenly enforced
around the. City. As a result of this `,
! ordinance, a whole neighborhood suffers M
•`: w because trees have had to be removed, rv°s put
: into storage; all because one person was angry
at another. She said the City should not be
involved in these situations.
CITY COUNCIL MEETING MINUTES m FEBRUARY 9, 1993 - PAGE 10
N
, 4 a ,: ;r 1 �� 1 +' ° ;-,.,r; ,.• ' !
> x x ,. v i i :i I . J t y ay { x ' ' ' ''''''1.. * '''''''' ''' ''';''' ''' '
'' .,..;__4 '. ' . 6 • • ,
, . '
-7.:• -
t.., Councilor Hawley explained that as city = '
,. ..• Councilors, they must realize when there are _•
conflicts of values between different groups i'•
a of people within the City, it is up to the
Council to make the decision on `the issue.
i" Tigard is a growing City, it has different
groups of people with different thoughts on •
this`issue. As a City Councilor she noted she ' .;
must try to balance the concepts of private
property rights and what kind of rights can be e.
imposed on other people to satisfy other
people's opinions. From her point of view,
Councilor Hawley advised she thought this was
• ,$, a private property issue. If one lives in a
development that bas CC&R's, then it is the
individual's responsibility to enforce those. 7'?
es She advised she is in favor of repealing the •
ordinance because it sets the City up for too
Y much conflict. She clarified that she is not
against the safety regulations that the ,t;.
` ; proposed amendments appear to uphold. The
safety standards will not repealed. To those
who were concerned about children and traffic a'
visual clearance, she noted that the safety
requirements were still in place. The City
can respond to complaints for obstacles
relating to visual/safety clearance.
f; Councilor Hawley advised she was in favor of
repealing the whole ordinance. She said she
_ , was willing to compromise by accepting the
ordinance as it has been drafted.
. Councilor Schwartz asked if this issue had
. °. been submitted to the NPO's for discussion; he
' `;;; :? noted only one NPO representative testified at
• _ ,e thin hearing. Senior Planner Bewersdorff
advised that since the 'NPO's reviewed this
:', m issue previously, they were not asked for
m comments this time.
In response to Councilor Schwartz, Mr.
,. . Bewersdorff advised that the City's NPOs'
position on the issue was mixed. Councilor
, - Hawley confirmed that the NPO's had differing
viewpoints; she said there was a definite' °° pattern to the positions taken by an NPC
• depending on the kind of development being
represented by the NPO.
` CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 - PAGE 11 &:
d {
iY Councilor Schwartz advised of his support for
individual .property owners' rights. He said
he also understood people not wanting to live `=
in area where there is a "Greyhound bus" .-
4 Sr Y parked in a neighbor's yard.
with regard to being able to use the ry for
sleeping purposes for up to 14 calendar days
per year; he noted his agreement with
' Councilor Hunt on problems of enforceability.
Be said, however, he would not want to see
where there were no limitations on this use
r.c-' because of possible abuses
• Councilor Fessler noted the previous Council
review on this issue; at that time, it was
;, brought to the City's attention that there is
r,t, an inconsistency of impact to neighborhoods
because of varying lot sizes. If this is a J<4
concern in neighborhoods, there may be
J' t provisions to reactivate the CC&R's within
their own area.
She noted visual clearance has been an issue
a, that is addressed. She also noted her support
t", k ., for the provisions that the ry be licensed and
'.: maintained in a moveable condition.
Councilor Fessler noted her support for the Yt:
staff's recommendation.
` • Mayor Edwards noted the sensitivity of this
issue and the differing points of view. He :,_
t d, agreed with Councilor Hawley's comments on f
private property issues. This issue keeps
coming back to the Council because of the type
of ordinance that it is and the manner in
which it is enforced. If the. ordinance
remains as currently worded, the City will
continue to be used Ain the "business of
arbitrating what two citizens in a
neighborhood don't like about each other. . ."
This does not mean that people will be allowed
:i to have pigs in their yards; he said there are
other ordinances which cover such nuisances
which remain enforceable.
He said he supports the staff recommendation
to amend the ordinance with the conditions as
outlined. The amendment `appears to be more,
reflective of the current conditions within
the City and the realities of growth. He
{,} CITY COUNCIL MEETING MINUTES -° FEBRUARY 9, 1993 - PAGE 12
•
1 Y
c'Y ; y J ' , J 4
{
e. noted his goal was to make a decision to
protect everyone's point of view as much as
possible.
Mayor Edwards summarized his review of the
issue. He advised that more people persuade
him that the City should repeal the ordinance
versus leaving it alone. He said he was not
persuaded by the NPO comments and noted his
concerns as to whether NPOs consistently give
the City a "broad view of what is going on."
Mayor Edwards concluded his remarks saying
that he was prepared to go along with the
staff's recommendation. He noted, he too, was
concerned about the 14-day sleeping provisions
and the enforcement by complaint.
Councilor Schwartz said that if there was a
way to protect people who have lived here for
many years, he would be in favor of keeping
the ordinance as it is. The new people coming
in would face a "buyer beware" situation and
if they had an rv, then they would have to buy
property which would accommodate its storage
Councilor Schwartz said he would reluctantly
k support the staff recommendation. He
T s disagreed with the concern that pigs could. be.
kept in one's yard. He noted, at some point,
decisions must be made for the good of the
" (; community which limit some areas of property
owner's rights.
f. Staff Comment and Recommendation:
� ?
• Community Development Director reviewed the
f ` provisions of the staff proposal.
• Senior Planner Bewersdorff noted the staff
{ recommendation is to repeal the Code on this
m issue because there are existing provisions
X which deal with clear vision requirements for
safety. Exhibit A clarifies the visual
clearance requirements.
ys g. Public hearing was closed.
h. Motion by Councilor Feesler, seconded by Councilor
Hawley, to repeal Section 18.96.060 A. and adopt
the options outlined on "Exhibit A" in the proposed
ordinance amendment.
CITY COUNCIL MEETING MI1y i T'ES FEBRUARY 9, 1993 PAGE 13
•}
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y
i. ORDINANCE NO• 93-06 - AN ORDINANCE TO AMEND
PROVISIONS OF TEE COMMUNITY DEVELOPMENT CODE '`,
J, SECTION 18.96.060 A. REGARDING THE FRONT YARD '
a STORAGE OF RECREATION VEHICLES, CAMPERS, TRAILERS
AHD BOATS TO PROVIDE FOR THE FRONT YARD STORAGE OF
SUCH UNITS WHILE RESTRICTING STORAGE IN VISUAL '
CLEARANCE AREAS, USE FOR SLEEPING PURPOSES AND
REQUIRING SUCH UNITS TO BE LICENSED AND IN MOBILE
a CONDITION.
ja Roll call vote on the Ordinance was as follows:
- Councilor Fessler - Aye
Councilor Hawley - Aye ' . A.
Councilor Hunt No
Councilor Schwartz - Aye ¢;
Mayor Edwards Aye a
• k. Mayor Edwards declared that Ordinance No• 93-06
passed by a majority vote of Council; 4-1.
k Council meeting recessed: 8:36 a.m. �`
Council meeting reconvened: 8:49 p.m.
5. PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT CPA 92-0007
-4.i CITY OF TIGARD (NPO #3): A request for Comprehensive Plan
a
# Amendment approval to the Transportation Plan Map which
; relates to the future alignment of a collector street
', connecting SW Walnut Street and SW Gaarde Street. LOCATION: -
4 . Northeast side of Bull Mountain (west of SW 121st Avenue and
SW Gaarde Street, south of SW Walnut Street, and east of SW
132nd Avenue.
.
i r a. Public hearing was opened.
b. Declarations or challenges:
Mayor asked if any members of Council wished to report
any ex paste contact or information gained outside the
._ m hearing, including any site visits.
s
Councilor Hunt.advised that he visited the subject
area with the City Engineer. .
* See note, below.
d, c. City Engineer Wooley reviewed the staff report and
C) referred to maps depicting the options known as the
Report Option (developed and recommended by staff) , and
two separate options from NPO Nos. 3 and 7.
•
Ak
3.. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1993 PAGE 14
a ; *Correction noted at 3/16/93 Council meeting:
Councilor Tessler advised she. had visited C..030,12a.�1..
t the site. Ciy Recorc9i .
a
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' -' i CITY OF TIGARD, OREC-OA3
ORDINANCE NO. 93
AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE
SECTION 18.96.060 A. REGARDING THE FRONT YARD STORAGE OF RECREATIONAL
VEHICLES, CAMPERS, TRAILERS AND BOATS TO PROVIDE FOR THE FRONT YARD t.
' `,. - STORAGE OF SUCH UNITS WHILE STORAGE IN VISUAL CLEARANCE
AREAS, USE FOR SLEEPING PURPOSES AND REQUIRING SUCH UNITS TO BE LICENSED ,
AND IN MOBILE CONDITION.
0 . WHEREAS, The City of Tigard finds it necessary to revise the Community
Development Code periodically to improve the operation and
:• ; implementation of the Code; and
'' WHEREAS, the City. of Tigard Planning Commission reviewed the staff - _.
recommendation at a public hearing on January 4, 1993 and voted to
WHEREAS, the, City Council held a public hearing on February 9, 1993 to
consider the amendment. h
'` THE CITY OF TIGARD ORDAINS AS FOLLOWS:
,, t{ ,q SECTION 1: The Community Development Code shall be amended as shown in �,r
Exhibit "A". Language to be added is UNDERLINED. Language to be ,Y
deleted is shown in [BRACKETS] .
This ordinance shall be effective 30 days after its passage by the
f Council, approval by the Mayor, and posting by the City Recorder.
•.,,. PASSED: By � vote of all Council members
. a res t after ein read by number and title only, this
fi g day of gi1.-E U24.1 J. , 1993. Ya
a ,
, . dit,,,,,,,,,: ......
e ne r i -atl. , City Re rder
1;4-t2...;": APPROVED: This day . .,4' . .'. .. , 19'
- .1. R. .wards, Mayor.
Approved as to form:
i ,,,....,., e. ,..L/....... .., _______
City Attorney
t
r
r { ORDINANCE No. 92-.
Page 1
r
. ••
• ;. EXHIBIT "A"
18.96.060 Storage to Front lard
A. Boats, trailers, campers, camper bodies, house
V trailers, recreation vehicles in excess of 3/4 ton
capacity [shall not] may be stored in a required
front setback in a residential zone subj act to tha a`
folxowitig:
1. No such unit shall be narked in a visual
clearance area of a corner lot or in the
visual clearance area of a driveway w1jgh
would obstruct vision from an adjacent - ';
;,' driveway or street. .,
2. No such unit shall be used for dwel 3 g
•ores exce•t that one cam•er ho*ase_trailer
or recreational vehicle may be used for
sleepine urposes only by friends,_ relatives,
• 'y• or visitors on la entire owned by or
leased to the t.ost_, rson for a period nom to 3`
exceed 14 as in one calendar ear •rovided
that such unit shall not be connected_to_any
util.ityo ,..other than temporary electricit
hooku•s and •rovided that the host •erson
shall receive no com•ensation for such
• 44F, < ocGU anay or uses
3. Any such unit parxce4 in the front yard shall
have current state license elates car
re istration and Faust be ke•t in mobile
condition.
-
€0 iT
PLC `
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t. c\ ;!...N..4,- CITY OF TIGARD, OREGON
ORDINANCE NO. 93-. ,
t
a AN ORDINANCE TO AMEND PROVISIONS OP THE COMMUNITY DEVELOPMENT CODE
�' SECTION •18.96.060 •A. REGARDING' TILE FRONT YARD STORAGE OF RECREATIONAL ,,
-i, VEHICLES, CAMPERS, TRAILERS AND BOATS TO PROVIDE FOR THE. FRONT YARD C2 -
STORAGE OF SUCH UNITS WHILE RESTRICTING STORAGE IN VISUAL CLEARANCE
y, , AREAS, USE FOR SLEEPING PURPOSES AND REQUIRING SUCH UNITS TO BE LICENSED :.
;,; AND IN MOBILE CONDITION. ,
*. WHEREAS, The City of Tigard finds it necessary to revise the Community
- 1 ' .
Development Code periodically to improve the operation and
} implementation of the Code; and ;:
WHEREAS, the City of Tigard Planning Commission reviewed the staff -
recommendation at a public hearing on January 4, 1993 and voted to ,
�
r .■±=q WHEREAS, the City Council held a public hearing on February 9, 1993 to
' consider the amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS: ,
z
SECTION 1: The Community Development Code shall be amended as shown it
Exhibit "A". Language to be added is UNDERLINED. Language to be
deleted is shown in [BRACKETS] .
k This ordinance shall be effective 30 days after its passage by the ,,'
, } Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By f " vote of all Council members
•
: :`preset after .•eing read by number and title only, this
q day of , 1993.
'e it j 1 t /') '
4 ✓V
T
atl , City Re rder
.
.
--t 611 1. = '�; v PPRC D: This day •• ,v f : 1+.�►. d , 19
4111511$1$°r / / -
- .1.--R. •.wards, Mayor
Approved as to form:
r _g "1, .
r
' , ` ' , C,.
r City Attorney .>
ORDINANCE No. 92- OWE
Page 1
a
,
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•
EXHIBIT e2An
35.96.060 Storage in Front Yard
A. Boats, trailers, campers, camper bodies: house +'
trailers, recreation vehicles in excess of 3/4 ton
a capacity [shall not] may be stored in a required
•
front setback in a residential zone subject to the
followincql
No such unit shall be parDeed ira assual
•
clearance area of a corner lot or i the
visual clearance area of a dr'vewwy which
�,roulci obs eruct viisiga from an adjacent
iyeway or street.
r
2. No such unit shall be used for dwelling
L..* pu owes except that ane ca per e house trade
ar recreational ve1ai.cl.e j iav_ be used for
sleeping purposes onl3r byr f3:enals relatives. ~`
or visitors oaf, l nd entirely awned by or , ,
•
leased to the host person far 'a period not to
4, exceed 14 da s in one calendar lreaz, pravide�
that such unit shall not be connected to any:
util.]Lty,. ottler than tampo alry el.e .c]Lt'Ir
hookups _and provided that the hash person
r ; shall receive no compensatioax for•._ such
Lk
occupancy ar use. 1 >
3 An such unit .arked in the front and shad a;
� have current state _ license .hates or ^ .
registration and must beset in mobile
• ar condition
•
•
re
trnIf
53,E „J
ete
•
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1' . ! CITY COUNCIL January 1, 1993
PLANNING COMMISSION
'',.'e ,- City of Tigard
J Tiga 1, Ore. 97223
,r
Dear Councilors and Commissioners,
I have been thinking about an article by Donna Schmidt in the Tigard Times '
= cY regarding plans to revise the RV parking code. The best way to summarize my
concern is that it appears the baby is being thrown out with the bath water.
Of all the thousands of RV owners in this city, a handful of outspoken complain-
:=,'+ ` ; ers is apparently swaying th council to abandon reasonable control of RV's. One
� thing that attracted us to Tigard was the neat and orderly looking neighborhoods. '`
, A guiding ordinance regarding RV's provides a cushion and base for mutial.
discussion for neighbors rather than personal viewpoints exclusively. If the Xr.
present ordinance is too restrictive, then fine, modify it accordingly. However,
to limit the discussion to "public safety and health" is to discount the very
essence of what makes Tigard what it is - people who care. My concerns and
: suggestions are itemized below for convenience.
t w , i 1. In conversation with Dick Brewersdorf, it sounds like a triangle from
the apex of driveways is being considered. While a meritorious concept, it fails
,• , w ' to recognize the need for safety of children of bicycles, skateboards, etc. e
Children dont always use driveways - they approach streets and sidewalks from ,
P' r all directions. They are also prone to losing control or swinging wide. In
both cases, an RV parked close to the sidewalk or street would pose a distinct
}• ' ''a ` hazard regarding visibility and collisions. Therefore, in addition to the triangle, 4.
, ., , there needs to be some general buffer near the public right of way. 'I suggest
• y
RV parking should not be allowed within 10-15 feet of the property line or the
e ' public right of way. _epee p'e'er "
ee e el 2. Regarding public safety, it is well publicized by th police that reducing
, the available cover for criminal activities reduces the liklihood of break-ins.
, . Cover not only includes shrubs, but also RV's. They block the light from any
{ ',+z` available public or private lighting, and provide excellent cover for criminals,
including juvenile delinquents. This is another reason to keep the perimeter =:
- buffer as large as possible.
l''' '''.:-- 3. There are some huge RV's in our neighborhood, some as large as a bus.
`' If parked in fromt of properties, these would be extremely noxious regarding
, O. aesthetics, blocked views, and public safety. I strongly recommend a size e.
.- E ' i limitation be attached to any loosening of the present ordinance, such as 8' wide
x by 16' long. Of course, if a large enough perimeter buffer is retained, this
, ' need is diminished.
F
''t` - 4. Wherever I see on-going RV parking, there is often a gradual but sure '`
0 '1 accumulation of debris, weeds, and clutter aroung th RV's, especially as they
age, the tires go flat, etc. If too loose of an ordinance is passed, then 10 e
,` years from now the citezens of this town are going to wonder who is responsible
for the ensuing mess. I hope none of our present Councilors or Planners desire ri
to accept this role. This is another good reason to keep the perimeter buffer
Ge as wide as possible.
4 s- ,e
4 t4. •').r'.`,."..7r--, .,: 4 4 1. ..�4 ...7 y'+`,i ' . `l"t ._.i . xrt f 4 Y.1 A A :, { y-1 Z•
°' •` 5. In the Times article mentioned earlier, Wendi Hawley is quoted as-saying
the city shouldn't get involved in fights between neighbors. I disagree on the
_ * basis that the city can proactively prevent squabbles, and the very fact we have
a police department shows the city is involved in such situations. 1-1ost people
just will not work through touchy property issues with neighbors. They usually
•' either live in defeat or they fight. Too loose of an RV ordinance will just lead
to more fighting, or will cause those who dont want to fight to live in misery.
6. One reason for the high property values in Tigard is the long-standing
RV ordinance. It has helped preserve an attractive look, and gives people some
' , confidence in the preservation of this feature. Ten years from now I hope none
of our present Councilors or Planners want to be responsible for destroyed views,
j+ a lowered image, and reduced property values in Tigard.
t' .4: Although the issue of billboard blight is important, I think most people
are more concerned and affected by what happens in their own neighborhoods - this
1 is where our city needs to use especially good judgement. I hope these thoughts
i leand suggestions are seriously considered. Lets throw out the bath water, but
please, keep the baby
I
Carl Meininger
i 16545 S.W. 93rd
,t Tigard, OR 97224
j 624-9857
ter, wk 639-8910
..E {','1�' * +e ,.i k f -�. .t _{ 3. 1 .0 �x(44• b .. i ..� r.. .d,t:'`. ... "w YG .. . . ,-
o
i .._ NOTICE OF WITHDRAWN,/DIAL
Jurisdiction TIGA,RD
Date tilailed 2128/92 Local File Number 91-35
} Date Proposal was Provided to DLCD 11.4.91
Summary of Proposed Action. (Write a brief description of the proposed
action. )
+ REPS OF CODE SECTION 18.96.060 WHICH PROHIBITS FRONT YARD STORAGE OF
ry���i AND Tom.�y�� �p�py /+}
t' ,h BOA S AND RECREATIONAL V L"HICLES.
•
' _ This Proposal Was: Withdrawn X Denied
Direct Questions and Co nts To DICK BEWER DORFF
13125 SW HALL BLVD. z.
TIGARLS, OR 97223
ri 639-4171
(Phone)
NOTE: If more copies of this form are needed, please contact the DLCD
office at 373-0050, ar this form may be duplicated on green paper.
* 1KDR DLCD OFFICE USE *
DLCD File Number
epaswith/denial.for m
�.1
Y
AGENDA ITEM 5.3
FLEMORANDUM
Y CITY r OF TIGARD, OREGON
4
' TO: Planning Commission i
FROM: Dick Rewersdorf f 8
DATE: December 28, 1992 ee.
SUBJECT RV Storage in Front Yards
At its November 17, 1992 work session, the City Council directed
staff to prepare ordinance revisions to the front yard storage
' requirements for recreational and other similar vehicles. The ,
.; revisions were to be reviewed at public hearings by the City i
. Planning Commission and City Council. re
. a
•+ . The City Council proposed that recreational vehicles, trailers,
�,e.' boats, etc. be allowed to be stored in front yards if:
g o They do not interfere with visual clearance areas; , `
o They are not used for long term or permanently for
o`, sleeping purposes;
" ± - o They are licensed and remain in mobile condition;
i3
In addition, it was suggested that there be a simultaneous review
of a Police Department proposal to limit parking of such units or { }
-�4 vehicles overnight on City streets. Chief Goodpaster has indicated
iM . the revised ordinance for parking, adds recreation vehicles, etc. to. i-.
'r the list of vehicles restricted from storage on streets. The
yk, parking ordinance targets long term storage on streets. While the i.
existing ordinance lists time frames for parking, the Chief
indicates that actual enforcement process takes from five to seven
days. This provides time for those who park trailers, campers,
etc. on the street overnight for loading purposes enough time to
.1=1Z 'comply. While you are not required to hold a hearing on the police
proposal, it is included for your perusal and recommendations. 1.:
Included in this packet is a proposed ordinance with draft wording
>' r
M aimed at accomplishing what the City Council suggested. Also
�k
- included for your information are memos dated August 27, 1992 and
w November 10, 1992 to provide additional background information. `
'� -° There are also two diagrams indicating visual clearance areas at
street corners and at driveways.
Staff's recommendation continues to be to repeal the existing code
provisions entirely.
j
v ,.
.
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EXHIBIT "A"
18.94 .060 Storages Front Yard ,,..
A. Boats, trailers, campers, camper bodies, house
trailers, recreation vehicles in excess of 3/4 ton
capacity [shall not] max be stored in a required
front setback in a residential zone subject to the
following:
No such, mat shall be perked in: a yiseaal
gLagjonce_ea of a corner lot or n
yisua] clearance ' area of ,a driyew�ey which
would obstruct vision from an adjacent
c3r�.ttc-�t� or stream£.
2. No such unit shall be used for d re ]ing
p ' oaes except that one camper mouse trai ler
or reareaticsnal yeYaa�cle mQ, r Abe used for
sleepinct pmuoses only by friends, relat yes .
visitors on 1:and entirely_ o�raed by or
]eased to the host person for a period. soot to
y provided ,
exceed 14 darts ins®�e calendar year, ;.
r' ' treat such unit shaa l,, not be connected to any
•
utility, other than temporary electricittir
` hookups and provided goat the host person n4`
.:: sh..l1 receive no compensation for such
occupai gy or use.
3. A such unit parked in the front yard shall
have currents state license .,laces or
registration and must be kept ,tn mobile
condition.
•
A,
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and Pravellays 24 feet or More in Width
•
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Than 24 Feet in iiTid$h
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y, • .
° ;, G CITY OF TIGARD, OREGON
{�a
ORDINANCE NO. 92-
' Y, ORDINANCE /MENDING THE TIGARD MUNICIPAL CODE BY UPDATING DEFINITIONS;
REPEALING SECTION 10.28.020; SPECIFYING : PROHIBITED PARKING;
REGULATING THE PARKING OF LARGE VEHICLES ON PUBLIC STREETS
* WHEREAS,.the Oregon Vehicle Code has been renumbered, and certain terms
re-defined; and
WHEREAS, the City Council finds offensive advertising or sales of
'� merchandise from vehicles parked on public streets; and
REAS, the City Council finds that maintenance or storage of vehicles
'< on public streets. is offensive and can create a traffic hazard; and t •
a.; WHEREAS, the City Council finds that the parking of trailers, campers,
motor homes and other similar vehicles on public streets or public =;
property can create a traffic hazard and obstruction; and ' i
4
L , the Tigard Municipal Code must "reflect all of the above
changes; now, therefore,
THE CITY OF'TIGARD ORDAINS AS FOLLOWS
es Y
4 , ` SECTION 1:• Section 10.28.010 of the Tigard Municipal Code is amended
*, ;f to read as follows
., 10.28.010 Definitions. •
f. (a) "Parking" or "parked" for purposes of the city motor`
• Y vehicle code, means the stopping or standing of any ,
vehicle upon any street or highway within the city,
except for, the purpose of and while actually engaged in
s loading or unloading passengers or freight, or in
obedience to traffic regulations or traffic signs or
1, . signals.
F
(b) It is unlawful for any person to park or stop any
11, vehicle for a longer period of time than that designated
le by official signs, parking meters, or other markings
• 0 placed by or under authority of the city. "Parking time
liect" includes the aggregate of time of all stopping or h
_.,• standing of the same vehicle on the same side of the
M street within a space of three, hundred lineal feet
E7 - measured along the curb-line and between intersections;
a
and the parking, standing or stopping of any vehicle
, within such expanse shall not exceed the designated time
limit during any three-hour period.
s (c) For purposes of this chapter, the definitions of the fi
following terms as used herein shall conform to the
ag r`
following ORS sections which by reference herein are made
t• $.", a part of this chapter:
z ORDINANCE No. 920
Page 1
j
f es 4
'' Y t 4}: ' ',11" 1.∎, + w Y . +h ,t a 'k i .1'Y i �T s ' , 4 — ,1k d
y .. $ _____-_ ____-
, , . , 0 0
, r
'' (I) "Camper"' is defined as set forth in ORS Sections
,, ,.' 801.180.
` . i' (2) "Highway" or " treet" is defined as set forth in ORS
Section 801.305.
(3) "Mobile home" is defined as set forth in ORS
801.340.
(4) "Motor bus" is defined as a Commercial Bus as set
., forth In ORS 801.200. a
(5) "Motor hame" is defined as set forth in ORS Section
u�' , 801.350 e
(6) "Motortruck" is defined as set forth in ORS Section
801.355.
(7) "Recreational Vehicle" is defined as set forth in ,'
ORS 446.003.
(8) "Trailer" is defined as set forth in ORS Section
•' 801.560.
M (9) "Travel Trailer" is defined as set forth in ORS
` ' ' 801.565 a
1' J-' - (10) "Truck Tractor" is defined as set forth in ORS
�' Section 801.575. a
a:,
SECTION 2: Section 10.28.020 of the Tigard Municipal Code,
` specifying purposes for which parking is prohibited, is
hereby repealed.
k J} ' SECTION 3: Chapter 10.28 is amended by adding Section 10.28.22 to
4
' ' read as follows:
"Section 10.28.022 Per . .ses for which 'arkin. is
prohibited.
, . No person shall park a vehicle oft the right-of-way of any
hi g hwa y, or upon on any public street or public way within
,e �. . ,; the city limits for any of the following purposes:
, { ,.' (1) Advertising, selling or offering merchandise for
R sale; is
(2) Washing, greasing or repairing such vehicle except
e. e as may be necessitated by emergency;
` (3) Storage, for . any period of more than twenty-four
° hours, except that this subsection shall be subject to
p
� t ; , the limits elsewhere prescribed in the city motor vehicle
{: code or as may he prescribed by the Oregon State Motor
Vehicle Code. It shall constitute prima facie evidence
a.
a of storage of a vehicle if the same is not moved for a 4:
t period of twenty-four (24) hours. The continuity of the ''
; time shall not be deemed broken by movement of the
vehicle elsewhere on the block unless the movement
.` removes the vehicle from the block where it was located ea before it is returned. Any vehicle mentioned in this
l subsection parked on the right-of-way of any highway, or
upon any public street or public way within the city in
violation of this subsection may be treated as an
abandoned vehicle and the provisions of Chapter 7.60
shall apply."
is
ORDINANCE No. 92-
' Page
' �... M _ . 1°' y 2./, ). -° ' t Y .k, 1 .y 1 ' r H d , r•r i F Y +
. x
, .
• .
SECTION 4: Section 10..20.030 is amended to read as follows:
Section 10:28.030 Truak� tr iter. bus., campers motor
home, recreational vehici,e. and bgat restrictions:,
No person shall at any time park or leave standing a
house trailers motor bus, motor truck, tractor trailer,
truck tractor, motor home, boat, vehicle with camper,
recreational vehicle, or trailer, as defined in section
10.28.010 (c), whether attended or unattended, on any •
improved public highway, public street or other public
way within the city limits, for a period greater than
thirty (30) minutes, between the hours of one minute past
twelve a.m. and six a.m.
Tractor Trailer, Truck Trailer. No person shall at
i w , any time park a tractor trailer or truck trailer as
described in Section 10.28.010(c) unattended on any
improved public highway, public street or other
public way within the city limits.
SECTION 5: This ordinance shall be effective 30 days after its
"•,f. passage by the Council, approval by the Mayor, and posted
by the City Recorder.
,, PASSED: By vote of all Council members r '
• present after being read by number and title only, this
,r day of , 1992.
Catherine Wheatley, City Recorder 14
•
•
APPROVED: This day of , 1992. ,
i
} Gerald R. Edwards, Mayor
Approved as to form:
� Y
�• 4 City Attorney
LAI
t3 49 Date
•
i
ORDIBIA ICE No. 92
G= b3
1 . Page
{
r` ''. ',, t4. i4 ; ., ter.`.1-, . .'" ,r? .• - ., , I ..t \'• _
;7:•:;,
1
•
MEMORANDUM
i
CITY OF TIGARD, OREGON i
ti y
TO: Planning Commission
i
..
FROM Dick Bewersdorff
DATE: December 28, 1992
1.1 SUBJECT: RV Storage in Front Yards
, a
ti At its November 17, 1992 work session, the City Council directed
es staff staff to prepare ordinance revisions to the front yard storage ` -
requirements for recreational and other similar vehicles. The
revisions were to be reviewed at public hearings by the City '
0' Planning Commission and City Council.
h'.
`: The City Council proposed that recreational vehicles, trailers,
boats, etc. be allowed to be stored in front yards if:
4 o They do not interfere with visual clearance areas;
o They are not used for long term or permanently for
Y sleeping purposes; .
1 t
o They are licensed and remain in mobile condition;
t - , In addition, it was suggested that there be a simultaneous review
,: % of a Police Department proposal to limit parking of such units or
z vehicles overnight on City streets. Chief Goodpaster has indicated
the revised ordinance for parking adds recreation vehicles, etc. to
`
the list of vehicles restricted from storage on streets. The
parking ordinance targets long term storage on streets. While the
at existing ordinance lists time frames for parking, the Chief
'' indicates that actual enforcement process takes from five to seven
days. This provides time for those who park trailers, campers,
a. etc. on the street overnight for loading purposes enough time to
comply. While you are not required to hold a hearing on the police
' ca proposal, it is included for your perusal and recommendations.
Included in this packet is a proposed ordinance with draft wording
1 MO aimed at accomplishing what the City Council suggested. Also -*
?: 0 included for your information are memos dated August 27, 1992 and
- November 10, 1992 to provide additional background information.
There are also two diagrams indicating visual clearance areas at
street corners and at driveways.
Staff's recommendation continues to be to repeal the existing code
J provisions entirely.
i S x 1;
„ ....'c .41 7,1' , . ,:$1 ,4 k - - ;.k a _ '.,t . i �,� '
. ,.14, I .. _ Jy.. ..Iii i 4'.:; i 'h s'Al r'.
•
•
3EC �zs- 92 THU 1 14 ORPAC^ P _ 9 S . 4
i
Bill Gross
,,` 11035 SU 135th
Tigard, OR 97223
'',i
Tel: '524-6325
• . : '''-, . 0 Iiii . ... ..
r'
December 2, 1992
s Liz Newton
Tigard Community Development ..#
. 13125 SU Hall
't
Tigard. OR 9?2?3
Tel: 639-1171 .
•
fax: 684-7297 84-729?
REa HPO #? 1EETIHG; UEDHES JRY, DECEMBER 2,, 1992-? PM
�:
' MEETING CRLLED TO ORDER AT 7:10 P11. •
`' I ROLL CALL
s
Present: Dorsett, Blanchard, Cunningham, Bross, tic6linchy.
. Excused: Uoolery, Howden.
,j APPROVED MINUTES FRon 1DUEi1BER. 4, 1992 fEETIHO AS READ.' ..�
u::
u' UELCOIIE TO GUESTS k
i
y,, Vice-chair- Dorsett welcomed ironwood Loop residents'as guests to our
i
meeting.
e. ' HOP 92-0184: SAFE AHD SOUHO MASSAGE
ti 'Y_ Members considered the notice of decision on HOP 92--0184. Members con--
, sidered whether to appeal the approval of this home occupation permit
for massage services in a single-family dwelling on Ironwood Loop in
z' f the vicinity of Scholl ferry and Springuood Drive. s`'
Members considered testimony from=
Lloyd Sel19 applicant, including personal resume, classes and
class hours taken for a massage technician license as required by
Oregon Law, final exam schedule for his license and a promise not
.
>' use any signage. and
�'� 3Y; Ironwood Loop residents. including concerns about on-street park-
. , .ng, traffic. massage services and signage.
•
M
;c. mon 7 mrrTTMm;—nrrrIm r'P 7 1vv7 halt¢' 9
+ .. ,. . 'a +v, . . '^ tt4 ` :'.t- •.{'� .'t i 'f COr. :. .. ,z, �,t.'ea i ,, � ,:i k;
Dec —� '1°6-Qt9 1 a �R�e � F' . e
y
ka^
4.‘1,'-'2, !Umbers discussed in detail:
Basis for any permit appeal now; ,
fl
:., ' Basis for any permit revocation later; and
applicant=s promise not to use any signage.
• °., Motion: Larry BlcGlinchy; to rake no appeal of this home occupation per- ,"•
nit as there is no basis for appeal, but recommend that applicant work ;_.
with Ironwood Loop residents to resolve their concerns. ,
_ Second: Jim Blanchard; In favor: 5; Rgainst: 0; Abstain: Q.
CPA 92.0002: 1DRRRY RD 4GABRDE ST) EXTEHSIOH °
' Cur HPQ convened with HPQ 43 to consider the request for approval of
f-.4,-' the final alignment. design and designation for the Murray Rd (Baarde
4 St) extension. Members considered two proposals for alignment, design
and designation referred to as Report Option and HPO 43 Option.
0
Our members considered testimony from:
j `
. ,
Randy Uooley. City Engineer; ,-,
Herman Porter, 6HPO 43 Chair; and
$ Residents in the vicinity of'Bull Mtn and Oa arde and McDonald
' : streets.
I "` Our members voted on five ballots: ,
• r' Ballot 1. Recommend approval of Report Option.
;t In Favor: O.
A
Ballot 2. Recommend approval of HPO *3 Option
iii• r
.0 rri
,,l In Favor: O. i s
Ch, Ballot 3. Recommend 1) rejection of both options and 2) Request staff ''
` g' to develop another option.
.,,.
In Favor: S.
,
Ballot 4. IF d4O OTHER OPTIOH IS POSSIBLE. recommend approval of Report
r tilt
Option.
* In Favor: O.
.. Ballot SS. IF NO OTHER OPTION IS POSSIBLE. recommend approval of HPO 43
Option.
` t In Favor: S.
• h
1. -.
.4.--•",..-'• ,. HP0 7 F1EET_IHG-DECEflBER 2. 1992 PRGE 2
., ...+3. 1 ` L Y d � 4. 1 i
a a a t ! k M ,:,
a. t,
x{ DE9- s°'92 -I-1.4u izet ,s ,ORPAc ,.
P . O REUIECJ Or IU TICES or DECISION ;
Notices of decision were read abocue.
t
..,.
. ,...., OTHER OUSINESS . .
,:: RESIE fl%TIWH SW UICE-CIffIIR1HHN .
►ty Dorsett resigned as vice-chair as she sold her hoarse and will moue
to Portland soon.
{ Members will noslienate and elect a new nice-chair at our next .ieeting. .
ilECETIND 110.10URNE® 11T 9:10 PH.
',
Respectfully suha°aittedd, k'
t i
y
, ! Ui11 Gross, Secretary
r `.C, •
nti
,i 1#1,3,...
.I d.
1
+ pricy' 7,
i' _-� NPO ? Q1c TTTNl;-nrrretga y ? 1 Q€4?
a• . r W,. r.r, ! .s',, + ,aa , ! t t ''-74':'^'
1 t 'i +. + ..r i„_, , + ,. , ? t . j ,
i t ::F-
' MEMORANDUM
CITY OF TIGARD, OREGON
M.
TO: Planning Commission
'` t
FROM Dick Bewersdorff
,2., ''':',;-' DATE: November 24, 19 9 2 -,,
SUBJECT: RV Storage in Front Yard.
f
,
'117., At its November 17, 1992 work session, the City Council directed
'-- staff to prepare ordinance revisions to the front yard storage:
requirements for recreational and other similar vehicles. The
- '` revisions were to be reviewed at public hearings by the City
Planning Commission and City Council. e
The City Council proposed that recreational vehicles, trailers, x
s4 boats, etc. be allowed to be stored in front yards if
o They do not interfere with visual clearance areas;
, , } o They are not used for long term or
,, sleeping purposes;' permanently for
' : o They are licensed and remain in mobile condition;
aY ' In addition, it was suggested that there be a simultaneous review
e'.- of a Police Department proposal to limit parking of such units or
'ti4<< ' O vehicles overnight on City streets. Chief Goodpaster has indicated
,,,e-oe., the revised ordinance for parking adds recreation vehicles, etc. to
< 7 the list of vehicles restricted from storage on streets. The
parking ordinance targets long term storage on streets. While the
v= existing ordinance lists time frames for parking, the Chief
e ,: indicates that actual enforcement process takes from five to seven
days. This provides time for those who park trailers, campers,
' etc. on the street overnight for loading purposes enough time to
' .... comply. While you are not required to hold a hearing on the police f
proposal, it is included for your perusal and recommendations.
Included in this packet is a proposed ordinance with draft wording
f ap aimed at accomplishing what the City Council suggested. Also
0 included for your information are memos dated August 27, 1992 and
November 10, 1992 to provide additional background information.
There are also two diagrams indicatincx visua s at
Y s�t set corx�ers a- an t driveways.. any letters received since t
November 17, 1992 Council work session are also included.
k {: k> Staff's recommendation continues to be to repeal the existing code
* , , k', provisions entirely.
x.,.
:::7,.t •,,,
.. ... - ♦4q, h' y . ,.* + 0' %', '; : �r . S if �4 1� 1 � 4 ,t ' Y 'k i a
TILE OF PROPOSED ACTION -•
.,-'1'.-:-,.. Must be sent to DLCD 45 days prior to the final ttc,erinq
See OAR 660-38-020
Jurisdiction City" of Tigard
Date Mailed 11/24/92 Local Fale. Number 92-0005
' '` Date Set for Final Hearing on Adoption January 26 1993
Month Day Year
Time and Place for Rearing. . 7:30 p.m. -Tigard City Hall
13125 SW Hall Blvd. , Tigard, OR -9722k
{ TYpe of Proposed Action (Check all that apply)
, 4 Comprehensive Land Use New Land Use
M. "J Plan Amendment R- Regulation Amendment Regulation
'' Please Complete (A) for Text Amendments and (B) for Map Amendments
A. Summary and Pulse of Proposed Action (Write a brief
description of the'proposed action. - Avoid highly technical
terms and stating "see attached".):
J, t.:
Amend Development Code Chaster 18.96.060 A. to_a11ow rerreatinn.
vehicles, boats, trailers, cam•er, etc. to be stored in front .art
- setback subject to (1) visual clearance areas 2 .. - . ' , '
purposes by friends, relatives, for no lonse - t ,• a;
i (3) units kept in obi conditio n and 1icensed4,
t 'e m le
- 4 B. • For Map Amendments Fill Out the Following. (For each area to
;t• be changed, provide a separate skeet if necessary., Do not use
r z. t.t. tax lot number alone. ):
a
7,, ; Current Plan Designation:' ' - Proposed Plan Designation:
Current Zone: . Proposed Zone:
e
Location: _
e
® Acreage involved.:• .
'. Does this Change Include an Exception? •Yes No
y •
= For Residential Changes Please Specify the Change, 16 Allowed
Density in Units Per Net Acre: .
:--i
Current Density; Proposed Density: .
as
i. .. ',, Id t:
-,, ...,,,. 0 .
„. ,, , . „.,. 0 . , .
:,.., : . .
‘.:."- ,..,.., * List Statewide is Which t1ay Apply to the Proposal: ':.
Goals 1 & 2 r
u
t."i List any State or Federal. Agencies, Local Government or Local Special
.. Service Districts Which may be Interested in or Impacted by the
' proposal:
N/A
Y ,i Dick Bewersdorff
Direct Questions and Comments To _ ,
13125 SW Hall Blvd.
: , Tigard, OR 97223
(Phone) 639-417i'
t = Please Attach Three (3) Copies of the Proposal to this Form and
Nail Tel
.
Department of Land Conservation and Development
2.,.°.`i•2:--Y 1175 Court Street, N.E . -
i Salem, Oregon 97310-059€1
i
�' 6Ts If more copies of this form are needed, please contact the DLCD
office at 373-0050, or this .form may be duplicated on green paper.
Please be advised that statutes require the "text" of a proposal to be
tw,,, "1- provided. A general description of the intended action is not
;; sufficient. •Proposed plan and land use regulation amendments must be
n. : sent to DLCD at least 45 days prior to the final hearing
'' E (See OAR 660-18-020) .
* * * FOR OF
DLCD FICE USE * * *'
ry gj
Lu
.. DLCD File Number
pays Notice
ice.
1, i , '{w <pa>preposed€o m . -
i
.., fir. ,,'''.77,' w3 4 •:, ... .•'{ f '44 1 ` x{ p4 X .ny 1 1 ¢
a .. - ! J.$:
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Planning Commission
" c
i= FROM: Dick Bewersdorf f
i
= , DATE: November 23, 1992
3' s, SUBJEC;t s RV Storage in Front Yards
At its November 17 1992 work session, the City Council directed ?
4 + s i y
staff to prepare ordinance revisions to the front yard storage
requirements for recreational and other similar vehicles. The
revisions were to be reviewed at public hearings by the City
t
Planning Commission and City Council.
The City Council proposed that, recreational vehicles, trailers,
boats, etc. be allowed to be stored in front yards if: ,
°.° o They do not interfere with visual clearance areas,
o They are not used for longterm or permanently for
sleeping purposes;
•
{ o They are licensed and remain in mobile condition;
w ` In addition, it was suggested that there be a simultaneous review
of a Police Department proposal to limit parking of such units or .
,,t F vehicles overnight on City streets.
° Included in this packet is a proposed ordinance with draft wording
aimed at accomplishing what the City Council suggested. Also .
included for your information are memos dated August 27, 1992 and
November 10, 1992 to provide additional background information.
There are also two diagrams indicating visual clearance areas at
street corners and at driveways. Any letters received since the
'' a~ November 17, 1992 Council work session are also included.
Staff°s recommendation continues to be to repeal the existing code
provisions entirely.
■
•
/ ���
--v
j i „ nati�� 4 y., r$F }�•S� , t 1 .3� 4 v� } CITY OF TIGARD
ai s 21 izt Y \rjd i 'qa'n r^4'r t G9 � -,.. OREGON. n)
t„ ,. xhD.,nkrf.n„ fF"tr3i.}Y,t` 3tr ! t T r..z', _•
lc t . b>w ;-•';,..,'. ,',,,.=F <;.f t3 ,1:',,f a i v dr e �`f {1
Vr. '� j'�,+ 71,-,'.,!.-1,17..:', }T e6r +.
' a.'xY
s , j3 It -v fs +i r �t
r ,Z5,(4'....:^441'. 7, ', '
a , ;f:':;-'
,--;*:4,:''.s i Y 4 41r.,4„� t' +, ,, l � i M--',.•,
'
)ak4 ; .. S } ,,,, t j'r •.'h <t l t i F ,2, .✓ � � i t rCx�r, f , +{t � '�''�f ^ �tF � 1 � �y� eG�'1 YJ• >irS%'t � yi5 h f �� �r
'f,,,`,$I: r ' "'>#;:‘,47'/A.,:' '% t','';:�H k+ s """. rtw ;rf+:F,tr..1q,
•
• ' • STUDY SESSION (6:30 PM) is
a
t
1. Roll Call and Call to Ord
`, 2. Discussion Items
V)) 2.1 Tualatin Valley Fire and Rescue Quarterly Report
'' 2.2 Franchise Update: Electric Ughtwave, PGE, GTE
a '`w
a Z3 Recreation Vehicle (RV) Parking Update
Z4 Update on Solid Waste
z;..,,, 2.5 Americans With Disabilities Act
4•4 3 Adininistrallve Review
4. eda Items
CIL
rig
ca
5. Executive Session: The Tigard City Council will go into Executive Session under the provisions
. of ORS 192.680 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current
,� and pending litigation issues.
,. t9 6. Ad ousnmen6 ..
s, ; Ocali/7.02
r1, '
COUNCIL AGENDA a NOVEMBER 1.7, 1992 r— PAGE 1
1 -,1
, '. . 4 "".'7 b. + + ° � . t .:ti' 11 Y" . ,• 1 ./ I T � --- r f r
ayn ..,3 .+1 z: ^ 'z',,,--
... ti t 1...y..::. : � I.: T ... ,1 ...3 1"-i. 3 .J:: ....
,. . t;. r
'''--:':-.4 optic telecommunications network within the city limits ', '
to serve future commercial customers in Tigard. Council.
RJ agreed to consider a franchise agreement; a proposal will
t be submitted for formal consideration. f'
h Finance Director. Wayne Lowry advised that staff has been
' negotiating with PGE and GTE to renew their franchise .
agreements. Most changes to the agreements ,have been ,
tentatively agreed to by the City and each utility. -_
a" Formal consideration for the agreements is scheduled for
'e the December 8, 1992, Council meeting. fir_
2.3 Recreational Vehicle (RV) Parking Update:
ee'' Council continued their discussipn with staff on
-:: L7; this issue; the Council had participated: in a
,; workshop on October 20, 1992. (See November 10,
1992, memorandum from Patrick Reilly to Council to
:=1.'
which has been filed with the packet material for
this meeting. )
t
Elements of the discussion included the following:
• Councilor-elect Hawley said the City should
4 not be an arena for resolving disputes with
w feuding neighbors. She said the Code should
be silent. She also noted her concerns with a
', complaint-driven code.
• Senior Planner Bewersdorff reviewed his y`
T`' findings with regard to other cities (see
aforementioned November 10, 1992 memorandum
for details concerning other cities).
° :,.^'' $ Senior Planner Bewcrsdorf f reviewed the
"visual clearance" language. This language is
'L,,',7.:'.''': restrictive and, in most instances, would
disallow RV parking in driveways.
Motion by Councilor Johnson, seconded by Councilor
Fessler to initiate a hearing process on the "RV
Ordinance" based upon the following ideas:
The code language on RV's will be
t9 repealed;
.vi�
RV parking be allowed in the front yard
but may not be parked in a visual
clearance area;
CITY COUNCIL MEETING MINUTES NOVEMBER 17, 1992 PAGE 2
Sy i .,'4
f 3 a ka.., a: ti ti .i .. y Ak t , I� .Z_i * j 'Z ,.
The vehicle or unit Est have current
t
state license plates or registration and
must be kept in mobile condition; and
a•
• The RV cannot be used as an alternative :x
dwelling unit on an ongoing basis.
;, The motion passed by a unanimous vote of Council
present.
On-street RV and large vehicle parking language
" will also be considered at the same time as the
above
2.4 Solid Waste Update
4 i - Acting Public Works Director (PW. Director) Loreen
Edin updated Council on efforts by staff and ±'.
x•. haulers to address automated curbside collection,
consideration of a curbside yard debris pick up
service (this will be required by Metro by July 1,
1994) , and service standards and efficiencies. ,{s
1 Council noted their appreciation of the report b
PW Direcotr Edin that the haulers have been doing a
4 n good job of marketing their services and responding - ''
to complaints. r
•
The haulers have been required to file a financial
n " report for the last several years with the City of
Tigard. This year, based on Tigard's procedure, '
the County Wasteshed program is developing a
financial reporting method to derive needed •
information and to provide uniformity throughout
„ ; the County.
PW Director Edin advised that at the last rate
•
hearing, Council directed staff to work toward more
efficiencies. In the last four months, haulers ;
have seen implementing:
•
• automated curbside pickup of containers (not
co a I-
recyclables)
• goal to have all areas automated in the next
18 months
e offering curbside yard debris pickup (Metro
(-9 will require this by July 1 1994; it .s
expected that rates 'trill increase)
i
• service standards are being reviewed; .e.,
convenient office hours, ice and Snail day
contingency plans, response to complaints: .
CITY COUNCIL I ETING MINUTES - NOVEMBER 17, 1992 - PAGE 3
1 . 4
h... 8 t -1. .tv wt• '1 \ y 1-'i. } {' .i l P, a. ;:. - °> 8 t i y y ,
' ' ' 6 . , ,s `` r as
; �p Y s t §,y
Sifmmerfleld/civic ASSOCIATIO
.. s.,, ,•,.. x,,,,,, .' , , 10650 S.W.Summerfield Drive
` ° Tigard,'Oregon 97223
" .' ,;' 1iif`n 620-0131
November 12, 1992
: Tigard City Council
, P.C. Box 23397
"4: Tigard, Oregon 97223
Dear Council Members: r`
- Our Summerfield Liaison representative, John Ben;neth, has informed us
you are considering a possible easing of restrictions on storing boats,
trailers and RVs on residential property.
,:i• ;: ,-....,-.,'
I j .,,
'. We understand the four options you are considering are: .
i . 1) make no change in the ordinance
{z
r 2) reduce the present 20' setback to 10'
• :
3) permit front yard storage without any setback if no side
4 yard storage is feasible
4) remove all restrictions
This was discussed at our Board meeting Tuesday, November 10, and they
,? wish to go on record as unanimously supporting no change in the ordinance.
Kb Will you please make this decision a part of your records on this matter.
Sincerely,
iii a
' Charlotte Tice
Administrator
4:',.:-:,:.':)."',1' CT:F13 ,1
t
y:4t
, •
.w r4 :�, ' d. . 'ki 'r ...■,as ., .. , ,_ .,„',„ ,' j. a f,.' ` . k ` .
a Wh
Y en You Think Real Estate Think
a F! T
...,.. ,-..:
, :.,.::,....,.. DAVE DISNEY ,
SALES ASSOCIATE
'*V1 -''''.1: Ta; Mayor and City Council Members SERVING OREGON SINCE 1984
d MIi_LUON DOLLAR CLUB
•• . City of Tigard ..,
10700 SW BEAVERroN•HILLSDAlE HWY. OFFICE(503)646-5006
=• ,
, PARK PIAZA WEST.D(ECT1vE BLDG. 1
From: Dave Disney SUITE 360.ABBY FILOOR.WEST ENQ HOME(503)639-2317
109-10 S.W. 10 8th BEAVERiON.OR CON 970D5 FAX(5i13)626-3547
Tigard, Oregon
s Subject; R V Parking
Introductions
` . Y;.. : I have been a licensed full-time real estate aoelt
' since January of 1984. I am also a Tigard resident, having moved
here in 1985.
• -
' In reference to your memorandum dated November 10,
t,,. 1992, regarding R V parking; I am in.support of options number
? and 4 to resolve conflict of opinions .-":
� ` I.,,.-',:.: . eve heard comments statLng that R V's parked in
driveways,- c-Along a gravel strip or: oh ' concrete pads appear ..
.
unsightly to ;dome citizens and that they drop property values.
f To show support for Options 3 andr4, I researched the
Realtors Multiple Listing Service to determine how many homes in
this City are - . listed with R V periling and list for under
":- $250,000. This. date is maintained for approximately' one year.
Currently -there ~are thirty- six (36) residential
properties on the market that offer R V parking. , The average
,!'4%-.' list price is $126,00'0. , with..a hi,gti: value' of $249,000 and a low
• '-.' value of $80, 000.
Recently • there have been one hundred thirty-nine (1; 9?
1`; residential properties sold and closed' which offered. R V parking.
The -average closing price was $118,000. , the high value being
$239,000. and the low value at $65,300.
• T Since I began in real' estate, I have personally sold
fifty (50) such homes, within the City Limits of Tigard.
®• •
E With this information, you can see for yourselves that
residential R V parking does not, in fact, lower property values,
4 that there is a demand in this City for residential R V parking
and that this should be allowed to continue.
No one should be told what to do with, or on, his own '
«. � property simply because of another persons' idea of esthetics,
and this is the reason that I am in support of Options #3 and ##4.
Sinc-rely yours
David P. D'isney',
i • ,4
L4 a r , : r „ a t i r , f '' ,r r a= '', 1'.''''' o Y s; ` ,r':
a': MMMORAiYn 1:.�p'
CITY OF TIGARD, OREGON
x
U
Mayor and City Council
FROM: Patrick Reilly
$ 'S ce‘r
DATE: November ',0, 1992
SUBJECT: ]tai' Parking
, f T t, gistory
In July, 1991, storage of recreational vehicles, trailers, campers
s , and boats in front yards became an issue due to a number of
complaints , After studying the issue and meeting with all MPO a s
xy NPO S initiated a request to delete the prohibition of front yard
t; storage from the development code. A s. y of the results of the
NPO meeting s is provided in the attached July 17, 1991 memo from
,': a Liz Newton ''
In December, 191: the Planning Commission recommended unanimously
' against repeal of code section 1a.96.060 A. which prohibits the
A ' storage of such vehicles and units in the required front yard
"' setback. In February, 1992, the City Council held a public hearing
A . on the proposed repeal and also voted unanimously against repealing
the code section. Minutes of the December 2, 1991 Planning
Commission meeting and the February 11, 1992 City Council meeting
' are also aetached.
y ',' In late June, 1992, Councilor John Schwartz and Dick Eewersdorff a'
met with Rick Perkins and a local representative of the Good Sam
Club (a national RV owners club) as a result of a request to the
Council. After that meeting, staff ,
prepared a summary of what
` other cities across the country do to regulate RV's and other
:, , similar units. This was reviewed by the Council on October 20,
1992 who requested an additional workshop on the issues involved.
Other Cities
va
L '' Most of the material provided for the October 20 meeting came from
excerpts of ordinances from around the country. Additional
information was requested from local jurisdsctions. Thais included:
La Hillsboro -- Police controls RV parking on the streets,
blocking sidewalks and clear vision areas; There are no other
regulations controlling RV's.
Gresham -- Only in the 5,000 and 7,000 square foot low density
a zones are recreational vehicles mentioned. They must be
,' parked on a hard surface such as compacted gravel, concrete,
:',
' ' ` -, spa:: .,_3 4 ,t'
,. . .. . T i err .+ a t. 3
a f i
asphalt, or similar durable surface and are only restricted
from parking in the clear vision triangle of corner lots.
3
Wilsonville - Has no regulations regarding RV's
y r` Lake Oswego - Not allowed in public right of way, nothing
t.
addresses aesthetics;a There are no regulations addressing 1g,s
on private property.
>; Washington County - Ras no limits on storage of such units in
residential zones unless the number exceeds five which is a
code violation
There are a number of possible ways to proceed. These include:
1. Do not repeal ordinance section 18.96.060 A. This would
. mean that 'a, etc. would still be restricted from being t
parked in the required front yard"setback.
4._ , 2. Repeal the ordinance section that restricts parking in
the required front yard setback. Clear vision standards
(18.102.080) can still regulate the parking of RV's, ete.
that would •block the vision of vehicles backing out of
adjacent driveways. Parking.on a public street, living •
or sleeping in an RV or the connection to water or sewer
services would be regulated by other code provisions.
3. Modify the existing ordinance for clarity, health, and
safety but allow RV's, etc. to be parked in the front
z t'< yard. Possible code language:
Boats, trailers, campers, camper bodies, house trailers,
recreational vehicles or commercial vehicles in excess of
3/4 ton capacity are allowed to be stored in a required
front, side or rear yard setback in a residential zone
but may not
a. be parked in a visual clearance area;
b. be used for sleeping purposes for over 72 consecutive
15, hours;
c. be connected to water or sewer services;
4. Modify the existing ordinance for clarity, health and
• safety as in # 3 above with the added limitations:
goats, trailers, campers - •
d. Only one such vehicle or unit may be parked in the
front yard. Said vehicle or unit must. be parked at
y least 10 feet back from the outside edge of the
sidewalk, face of the curb if there is no sidewalk,
gf t as 4
• i
•
'� � ';ter •
.4?.:-.-::::;'`E or from the edge. a ate- of thft. _ t~
.'
if therms: is no or e
R -
` e, It' Yom- storages cr P shall- s a
; or.or graveled.
f, The vehicle. or unit, must. have t state= license:
plates or risttiof: t' kept it bid•
condition..
a 5. Xodify the ex.i.sting ordinance to prohibit storage
in
r irk front setback unless there are ph i
c
.,-. ."
a s i5' cs• of the aot, landscaping or the lack of
reasonable access the side or whi wo uld
. = preclude such storage
Possible code languag e.
Boats, trailers,- came ,. ,. house trailers,,;
u rea ea oval vehicles, or • _ ` ia3. dales in: eces5 s.'.-..2':- ''.
ff';;3/4 ton capacity shall' not not..be stored in a r
, front yard in a. residential tome- a . ta due to- physical
.ch cteristics` of the lot;'-.'building: or landscapi2ac, ,,
,f space is not available in the,sidev yard. or there is not.
{ ;reasonable s : to either the-_side"or;rear'yard.; A,lot
t - - '- ..shall cleaned have r l access Co; the: aide or
1-''' - r°. d.. if tsV 4 s° hard.
sta ntiaal .; a trees or
without . •.a�. ' -. �� de� :
„, . l dscap g�-:, A. corner- lam.-s ~. ' nornallya P;_.
,.. have real®z al,e"access`. to••the rem �-fence•.i not
.;; deened to prevent reasonable acc
sa®aasensa on i►88e �fi�+.ed �rar.
There a1 3ears to no cc es f ,� '�
. P li c safety can ;
des a sm control regat$.ve �= �-.ta�o a ®sue 'and cone o1I ems u c . re
subdivisions that wish to control par can do through
• protective covenants and restri ions. It 1s, th fore,.
tt ' recommended that option f 21 to re the. code section a.ltcget r,. i.
be chosen
i
k
1I'[.t .... i..iT . ;'7. ... .w- I* * ., <`jh'.`- ,J .• w A �Y).M .... R;: .. e.c ..r �i j.i.v .. ..y ,..
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• ' ',. -.:
Page 1
COMPARATIVE MARKET ANALYSIS
. a •
I Prepared by: 02/08/93 ,
■ ,
. .
'STATUS:ACT,CON,SLD Al EA CITY:Lia2IL LIST_PRICE:<250000
TYPERES:RESID EXT_FEAT 1:RV-PARK EAT 2:RV-PARK
- mmwmmo -
3:RV-PARK
'''■ -0-. -,
-,.. ....."4-'
ACT k X. • ..,
.e
KR Type Address A# Bed 8th TSF YrBlt L/Price
" ..',.....-/
84316 REBID 9225 SW EDGEWOOD .
. 151 1 1.0 846 1920 70500* ,..
:...'''.-.,,,: 93463 RESID 14435 SW HALL BLVD 151 3 1.0 1215 1940 00500 '..
..,
00269 RESID 11500 SW GREENBURG 151 ",' 1.0 087 1950 84900
89120 RESID 10265 SW PARK ST 151 ":' 1.0 936 1940 84900 1.
93054 RESID 10340 SW 69TH AVE. 151 2 2.0 1367 1958 84950
1 ' 89434 REBID 12815 SW GRANT AV _
151 3 1.0 1171 1964 87500
'*Iii?
77884 RESID 11665 SW 92ND 151 3 1.0 1128 1982 102000* '
-:-.'*■-"
82343 RESID 10260 SW BROOKSIDE CT. 151 3 2.0 1700 1966 104500* ■
',4-.■'.'i'-,' : 92470 REBID 12435 SW KNOLL DRIVE 151 3 2.0 1742 1355 107000
07488 RESID 7540 HERMOSA WAY 151 4 2.0 2016 1961 107000 .,
92062 FESID 10835 SW 108TH 151 3 2.0 1308 1979 107600 ,.
■4
91774 REBID 13455 SW CRESMER 151 . .2.2,.0 1428 1971 114900
90935 RESIL 11765 SW TIGARD DR 151 • '&' 2:0 1515 1971 116000
. . • • .
4. ..
-..-', ' c'''''''92 RESID 12180 SW NORTH DAKOTA 151.1'" P "'"o /496 /992 117500
92810 REBID 8050 SW LARcH sT ;-' 151 2 2.5 1880 1905 119500
83257 RESID 12610 SW KATHERINE ST . 151 4 3.0 1924 1975 122750* 7.
, 92.7.■31 FESID 12395 SW 127TH
/51 4 P.0 1632 1970 124900
1125 1c ‘'.' 125000*
-1-1) RESID 9760 SW MCDONALD ST ,. 1 151 3 1. 1 11,-0 J84,-, - - -
, ,.. cl._, (_,.. , ,
.,---, -. 34280 RESID 9765 SW SATTLER ''; 151 3 2.5 1805 1955 12E4997
92313 RESID 13870 SW 12151 AV 151 4 2.0 2604 1965 129950
q3377 REBID 13335 SW CHIMNEY RIDGE CT 151 3 2.0 1630 1979 134900
02069 RE510 10925 SW DEIFY DELL flt 151 3 2.1 2131 1957 136500
86972 REBID 16212 SW 108TH At.E 151 3 2.1 1810 1992 120900
82255 REBID 7120 SW BARBARA LANE 151 3 '-'. 1 1808 1972 139500* ,
89226 REBID 16225 SW 93RD 151 4 ;1.5 2400 1960 149950
44, 08109 PESID 0094 SW VIOLA ' 151 3 2.0 1827 1992 154000*
' \-.4■,::!:: 91377 RESID 11338 SW 91ST COURT' 151 4 2. 1 2137 1993 1E14900 -4
695/5 Rh31D 12523 SW GRANT ■ _ . 151 6 3.:9 ...2060 1981 137000
88688 fellbID 4 -.' I.'"P124 1970 157500
14255 SW BULL MOUNTAIN RD. 151 .-. :,-- - -
77148 RESID 11290 SW 92ND AV 151 .4. 2:1'''2450 1951 159500*
,
'1.51 3 2.1 . 2210 1992 164'300
.. "" . 86107 REBID
8085 SW VIOLA ,
W . 87106 RESID 16096 SW 103RD AVE 151 4 .7.1 2058 1992 174950
.., 80006 RESID 16363 SW 103RD AVE 151 4 2. 1 2091 1992 170950
388 ruin 11550 SW BULL MTN RD 151 3 2.0 3368 1957 185900*
4 M ' 31546 RESID 12294 SW LANSDOWNE LN 151 3 2. 1 2534 1990 219900
89451 RESID 14150 SW FERN ST 151 3 2.5 2842 1979 249000
' W -
li . HLR Type Address A# Bed 8th TSF YrBit L/Pei.ce
09579 RESID 2205 SW HAMLET ST 151 3 2.0 1258 1978 114900
9261 FESID 13575 SW 115TH AVENUE 151 3 .5 2520 1968 132900
d3:149 RESID 14110 SW 97TH AVE 151 5 2.0 4256 1976 219950
** SLD ** ,
'!■:;-4....," MLR Type Address All Bed 8th TSF Cl/Date S/Price
208:26 RESID 10685 SW 85TH AVE 151 2 1.0 1010 8/27/91 65300
::...-2,-.:,..--..;.• ., :, ..., -^."'-' ',,... ,. ,, ,„4,,- ,. ...;15,,.* * -,,&,;..., ..,/,-;-`.:-... :',I.'` -•• '.:?',-::'''.r,';'` .•.':''. '..-'*: ' ''-'1.- ' -''''''''
•67.21Menaescsragr
,•,'' 0,
0 • P ag e 2 . ,..-
0'
... 7", ** SLD **
".•=.4!clt ........... '" •, .
"i4711:2i ' .
,01' ir ML# Type Address AO Bed Bth TSF Cl/Dete 2/Price
55753 RESID -,,
8910 SW OAKWAY ST. 151 2 1.0 780 6/12/92 7195i
50221 RESID 11436 SW 115TH 151 3 1.0 960 4/09/92 73500
21642 RESID 11710 SW 121ST 151 3 1.0 960 4/28/92 Ctfl
31721 PESID 11970 SW 95TH 151 3 1.0 1389 lo/3o/91 77900
58345 RESID 9570 SW LEWIS LANE 151 3 1.0 1185 5/29/92 72000
i, ',.'. = 66179 REBID 10880 SW .79TH 151 4 1.1 1400 10/25/92 79500
56676 RESID 13135 SW ASH 151 2 1.1 1208 4/21/92 81500 . ",
, . .
24063 PESID 9144 SW STEVE STREET 151 3 2.0 1020 12/04/91 22500 =, ...
76697 RESID 6725 SW FLORENCE LN 151 3 1.1 960 10/12/92 82500 .., „
'''' 36....22 RESID 11035 SW HALL 151 2 1.5 1226 11/21/91 83000
67862 RESID 9119 SW WASHINGTON DR. 151 3 2.0 1570 9/24/92 87500
' - '- 70500 RESID 11640 SW 98TH AVE. 151 3 2.0 1220 8/11/92 88000 - •
5436'' RESID 9235 SW MILLEN 'DRIVE 151 3 2.0 1086 5/29/92 89000 .•
., • . . , -.
719...:0 PFSID 1432W,FANNO CREEK LOOP 151 2 2.0 1086 9/01/92 e?utfo
-r---,-4. 73518 RESID 1Ir'5.!SW HALL BLVD ' -151 2 1.0 1238 9/21/92 29500
,.• .., ...
',:.. ...:-: 4D081 RESID e3t5 'SW MAPLELEAF 151 2 2.0 1269 3/25/92 90000
46369 RESID 10432 SW KENT ST -151 2 2.0 1.088 2/06/92 91000
:".. .„J,....,,f 73603 RESID 8800 SW HAMLET ST 151 3 2.0 1252 9/15/92 91000
,.. • 53265 REBID 12475 SW 121ST 151 2 2.0 1460 4/07/92 92000 4
i
68729 RESID 11763 SW MORNING HILL DR 151 3 2.0 1165 12/31/92 925(10
.•=..., ',0?'
59521 REM() 10020 SW TIGARD ST. 151 4 2.0 1830 5/29/92 93000 .:
• -; .,:. • =
57215 RESID 14315 SW 112TH -= 151 3 2.0 1200 5/08/92 93000 .*.
45965 REBID 15680 SW 88TH AVENUE 151 ' 2.0 1256 1/16/92 93500 t..4
634'8 RESID 12127 SW LINCOLN AVE u,. 151 3 2.0 1272 6/04/92 95000
32495 RES(D 12200 SW 126 . .= 151 2 2.0 1820 1/02/92 95950 =4'
73555 RESID 16560 SW 108TH *. *151 3 1.0 1412 11/10/92 96500
45326 RESID 11860 SW NORTH DAKOTA 151 4 2.0 1580 12/27/91 97000 .=
,.--,•:=.. .. , 55115 RESID 7075 SW GONZAGA i, . 151 3 1.5 1648 9/19/92 97000 .
.., f
61C8 PFSTD 11020 SW 831R AV 1 151 4 2. 1 1704 12/19/91 97500 ;
", ' ' • 54221 RESID 11665 8W .92Np 151 3 1.0 1128 4/17/92 92000
--..7-,46 PF91D 7210 ati/AiNE 151 4 2.0 1824 9/11/91 98000
78970 RESID 10265 SW 82ND 151 3 1. 1 1044 12/15/92 98000
68208 REBID 7123 SW LOCUST Fr, c,
151 2 2.0 1748 8/21/92 -0000
73670 REBID 9415 SW LEHMAN ST.
151 3 1.1 1210 9/02/92 99500 ..
50583 RESID 9685 SW SAITLER(AT 96TH A 151 3 '.4.0 1526 4/14/92 99900
22062 REBID 9825 SW SATTLER 151 3 1.5 1200 8/12/91 99950
76120 PESID 7045 SW SHADY LANE 151 2 2.0 1296 9/17/92 99995
86950 RESID 11645 SW TERRACE TRAILS 151 3 2.0 1514 12/22/92 100000 ,IT
54294 RES(D 10765 SW BLACK DIAMOND 151 3 2.0 1417 4/27/92 101500
,m,766 pFoin 13750 SW 116TH PLACE 151 3 2.0 1381 2/02/92 102000
:,....‘1,1 .,... ,,,., . ,.4
16326 RESID 11860 SW JAMES COURT 151 4 2.0 1662 7/02/91 103000 •',
29910 RESID 13210 SW BRITTANY DR 151 3 2.0 1224 12/16/91 102000 •,
,
•.=•,- = ,- 79930 RESID 12795 SW COWLES CT. 151 3 2.0 1359 10/29/92 104000 7
76118 RESID 12025 SW CARMEN ST ' 151 '. 3 1. 1 1440 11/03/92 104000
i
48249 REM 17270 SW 131ST AVE. 151 3 1.1 1608 4/24/92 105000
03648 PESID 15005 SW LESLIE CT 151 3 2.0 1300 12/20/92 105000
51803 RESID 10345 SW MCDONALD
151 3 2.1 2394 2/10/92 105000
. .
20603 RESID 9765 SW FREWING ST. ' 151 3 1. 1 2568 10/17/91 106500
367t5 prsm 12070 SW WILTON AVE 151 3 2.0 1432 10/31/91 107000 ,
72073 RES(D 9245 SW LEHMANN 151 4 2.0 1410 10/22/92 108000
-.' ;. ' • . 21559 RESID 1.3605 SW CRESMER DRIVE 151 3 2.0 1606 9/25/91 109000
• -,...",..
:-' . ,...... . 76723 PESID 9310 SW MILLEN OF 151 2 -..0 1400 1/05/92 109000
35642 RESID 9185 SW SATTLER ST 151 2 2.0 1542 10/25/91 109950
'1„1` ..,... 65164 Pcnip 11055 SW COTTONWOOD LANE 151 3 2.0 1578 9/09/ 2 110000 1
.i
35027 RESID 15075 SW DAWN CT 151 3 2.0 1400 4/30/92 111000
36197 RESID 10648 SW 127TH COURT 151 3 2.5 1608 1/17/92 1i2500
51.1 ,'5 REOID 14595 SW 79TH 151 4 2.1 1740 7/27/92 113000
40( 14 PESTD 12330 SW TIEDEMAN 151 4 2.0 2332 6/29/92 112400
*.c, GO
.,
..
,."‘' g
". ==- r.
If;` ;+;
",. L'a
.
. ..i
. -...4 =.
••. t
,',... •
7.*:.• • .' .' .
- •,7:::'-‘.;...
!...;1..-' ,
ev...,, 4' .. vt•S''' ...‘,,;\. .. J V :, 1 1
2 .
0
......6 ..
7
' .., -7•-•‘: ML# Type Address
A# Bed Bth TSF Cl/Date S/PKice
4 -- - " 48846 RESID 9975 SW SATTLER 151 3 2.0 1872 4/30/92 115000
71871 RESID 12020 SW ROSE VISTA DRIVE 151 4 2.0 2295 10/05/92 115000 f,
'Z' 71214 RESID 10980 SW PATHFINDER WAY 151 3 2.0 1536 10/07/92 115900 .4
38051 RESID 11395 SW COTTONWOOD LN 151 3 2.5 2322 12/13491 115900
35551 RESID 13295 SW SHORE DR 151 4 2.5 1744 11/14/91 116000 .
'.,. ','*. • 51349 RESID 10925 SW 108TH AVE 151 3 2.1 1875 7/06/92 116000 :
63795 RESID 10915 SW FAIRHAVEN WAY 151 3 2.0 1650 9/02/92 117000
.'44.-", 31193 RESID 9405 SWMILLEN DR. 151 3 2.0 1536 11/21/91 117000
96092 RESID 10075 SW 108T1-4 AVE 151 3 2.0 1550 1/11/93 117000
•.'f,- . -,, 82157 REBID
1,3060 SW HAMRTON CT 151 3 2. 1604 1/26/93 117500
.:
- ..- ,- 45956 RESID 17060 SW 131ST AVE 151 3 2.0 1662 1/24/92 118000
• 79681 RESID 15845 SW SERENA CT 151 3 2.0 2012 11/25/92 110000 :..
. . .-.
76266 RESID 13250 SW BRITTANY 151 4 3.0 1972 12/17/92 118500
.4/ -......2..! 57571 RESID 11555 SW TERRACO4TRAILS DR.151 3 2. 1 1923 10/01/92 118900
24227 RESID 790e SWTIAPLELEAr 151 4 1.0 2070 10/01/91 119900 •
RESID 131,40SW 'HOWARD DR . 151 4 3.0 2000 9/28/91 / 19900
50489 RESID 116127Sw WOODLAWN CT. - In 3 2.5 1598 6/16/92 119900 :
60147 RESID 15360 SW 100TH AV - . 151 4 2. 1 1650 6/01/02 119950 ,
50344 RESID 6524 SW LOCUST 151 3 2.5 1792 2/14/92 120000
. ..--:- 62306 RESID 12175 SW 127TH AV 151 4 2.0 1950 6/20/92 122500
43983 RESID 14415 SW 86TH AVE 151 4 2.1 2179 7/14/92 124000
-.'. t...., .,: 75239 REBID 9720 SW MUIDOCK ST 151 4 2.5 2496 11 /25/92 125000 ...,
33272 RESID 11573 SW WOODLAWN CT 151 4 4.2 2091 11/19/91 125e/00
,.., ...,'.1„. 76296 REM!) 13355 SW 110 AVENUE ' 151 4 3.0 3096 12/22/92 125000 -,
49629 REM 9150 SW MOUNTAIN VIEW LAN 151 3 2.0 2022 6/00/92 125500
71845 RESID 13695 S W 118TH CT
151 3.2.0 1574 10/12/92 126500
.,
61214 RESID 13116 SW BENISH SY -.151 3 2.0 1700 10/01/92 127000
81506 RESID 10255 SW MCDONALD ST. 151 3 2. 1 1792 11/30/92 127000
•2.
.,... ..;:4:, 524/0 RESID 11985 SW WESTBURY TERR 151 4 2-5 2200 5/22/92 130000
39383 RESID 13735 SW WALNUT I. 151 3 3.0 2332 3/09/92 130000 I,
. .
76685 RESID 15285 .SW' 10qTH 151 3 2. 1 1911 10/13/92 131S00
- ' *-- 14945 REBID 14425 SW,.87TH CT 151 4 3.0 2348 8/30/91 133000
74793 REM!, 11380 SW COTTONWOOD LN 151 3 3.0 2203 11/13/92 130000 -
33187 RESID 13015 SW BEDFORD STREET 151 421 1050 4/28/92 135000 "
38345 REM 13136 SW CHIMNEY RIDGE 151 8 2. 1 1941 11/14/91 135000
17977 RESID 12125 SW 123 RD COURT 151 3 2.5 2110 7/09/91 135000
52959 REBID 10880 SW DERRYDELL CT 151 3 1, 1 1700 4/30/92 135000
__
78542 RESID 7530 SW YARNS 151 4 2.5 2578 12/11/92 135000
59199 RESID 15565 SW 79TH AVE 151 3 2. 1 1700 7/20/92 135000
77987 RESID 12390 SW MARION ST 151 4 3.0 2500 9/28/92 136000
67370 RESID 9885 SW PEMBROOK ST 151 3 3.0 2007 6/30/92 137900
,-.."1-...t.■.' 26007 RESID 15329 SW THURSTON LANE 151 3 2. 1 1555 9/06/91 138750
' 4:; 59853 RESID 11130 SW FONNER 151 3 2.0 1943 6/26/92 140000
18194 RESID 9965 SW KENT CT , 151 3 2.1 2190 7/12/91 142000
6 . ...
77734 RESID 115298W SHOREVIEW PLACE , 151, 3 2.1 1840 12/31/92 144000
80849 RESID 11369 SW 91ST COURT 151 4 2. 1 1905 11/02/92 1.44900
54623 RESID 14105 SW 117TH 151 3 2.0 2270 4/27/92 144900 t
‘....:, ..;.-...4,' 65476 RES1D 10078 SW CHATEAU 151 4 2. 1 1900 6/30/92 145000
- -- : 65680 REBID 13335 SW HALL BLVD 151 4 1.5 1895 10/05/92 145000
85067 RESID 9910 SW PEMBROOK ST. 151 4 3.0 , 2280 1/27/93 148000
31244 RESID 11630 SW TERRACE TRAILS DR 151 5 3.0 3255 9/27/91 149500
15046 RESID 12T92 SW 123 RD AVENUE 151 3 2.0 1610 7/03/91 149900 .
10917 RESI D 5060 SW COLONY DRIVE 151 3 2.1 2247 10/04/91 150000
11928 RESID 12810 SW WALNUT 151 3 2.0 2496 6/24/91 150000
.;472.-....:.,. 45477 REDID 13992 SW FERN STREET 151 4 2.2 2850 7/20/92 152000
19365 RESID 11275 SW DUELLE COURT 151 4 2.1 2618 6/25/91 152500
-.:.
2335u RESID 7570 SW CHERRY DRIVE 151 4 3.0 2627 10/03/91 152950
• 72704 RESID 15365 SW 79TH 151 4 2. 1 2164 9/22/92 153500
,-; E .....
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4r* clin **
M1-11 Type Address A# Bed Bth TSF Cl/Date.. S/Prl.:e .
602b0 50 PE9ID 11245 SW WILLOW WOOD CT 151 3 2.1 2365 7/06/v....2 154500 7,
70776 RESID 10340 SW HOODVIEW DR. 151 4 3.0 2682 8/11/92 154900 . ..
Er'310 RESID 13192 SW BENISH STREET 151 4 2.1 2300 1/07/93 156651
.:4:::A/;.'•;,:' -E-1.31S., REBID 14340 SW 164TH AVENUE 151 4 3.0 2568 J2/09/92 157000 ,
',;5159 RESID 11225 SW FAIRHAVEN 151 4 3.0 2848 3/31/92 160000
. . . .
33395 RESID 11375 SW '30TH 151 3 1.1 2362 12/17/91 1SLA20
22744 RESID 12550 SW EDGEWATER CT 151 4 2.1 2008 7f26/91 16'4500 l'
' '- 740'7'0 RESID 11'7'75 SW OUELLE PLACE 151 4 2. 1 2618 12/01/92 165500
:,'....-;.',.,-' 64371 RESID 15038 SW 131ST 151 3 2.0 1785 8/J1/92 166450
129 RESID 9246 SW HILL STREET 151 4 2. 1 2280 7/26/91 170000
3u711 kholD 24802 SW 91ST 151 4 2.1 2500. 11/25/91 170000
.. .. .;,.
54918 REBID 13620 SW FERN STREET 151 4 3.0 2742 7/15/92 182000
..'..::,; :!.. '' 58804 RESID 11885 SW BULL MOUNTAIN RD 151 4 3.5 3936 6/09/92 183000
15730 RESID 13175 SW BULL MTN ROAD 151 4 3.0 3422 7/09/91 184500
-......r,:'... ,: 32727 RESID . _
14890 SW SUNRISE LN 151 3 2.5 2358 10/10Pd1 185000
31394 RESID 14400 SW 150TH 151 4 3.0 3225 4/15/92 188000
10c25 RESID 7060 SW BEVELAND 151 3 2.0 1590 10/30/91 189000
-•'-' ‘• '- - , , ...
...,4- :. ' 5882E1 RESID 14265 SW 150TH 151 4 3.0 3569 5/15/92 193000 ,)
58239 RESID 15960 SW COLONY CT. 151 4 2.5 2652 6/23/92 195900 '.
'-.4 -l • -, -'
57818 RESID )6050 SW COLONY DR 151 5 3.0 3214 6/25/92 217500
.--- .::,,:-.' 65550 RESID 13250 SW BULL MTN. ROAD 151 4 2.1 2576 9/11/92 230000
5193 PESID 14675 SW SUNRISE LANE 151 5 3.1 3752 11/",.:5/91 ....13VUOU
** ACT Status Subtotals **
............oretmersorreeat ■
'?...::''''.....
,.:"..."' 36 Properties Found
•
...."."; '", List Price
. '- ''' ''.- Averaue: 132917
Median: 125998 . •
-- " ,:•• . High: 249000 •
Low: 79500
- - I
** CON Status Subtotals **
- .
. ,
-,:•",4-.r.,,t. 3 Properties Found
•
. , . .
List Price L'''' • '
. ,
Average: 155917
Median: 132900 . .
• .,.
••:::.:',-,',...;,i' High: 219950
Iro.i: 114900 . • ,..
,....,
:,'-',:• .: :,,, ,
.. - ** SU) Status` Subtotals **
-1.7:.:-.:1;;''. • .... .......... .
139 Prop'erties round
List Price Sale' Price
, ,_,1 : Average: 126928 • 123847
Median: 119950 118000
High; 249000 239000 •
'... ' Low: .
63300 65300
, • .
- ...I .
** Total From All Statuses ** •
,••• -
170 Properties Found
).,.... .
List Price Sale Price
Average: 128628 123847
Med1c,r): 122200 118000
High: 249000 239000
Low: 63300 65300
-■':' ': -
u ommenbs S SAWN : 4 '2$0, 000 Ti 61kR 1!) RV.,PAR ktildf___AVAit.Ftex E
:
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,K: Y a
i t
MEMORANDUM
� .., CITY OF TIGARD, OREGON
r• a TO: Mayor and City Council
:,: FROM: Patrick Reilly •
DATE: November 10, 1992
SUBJECT: RV Parking
History •
In July, 1991, storage of recreational vehicles, trailers, campers
• y ' and boats in front yards became an issue due to a number of
$ complaints. After studying the issue and meeting with all NPO's,
• 1 NPO 5 initiated a request to delete the prohibition of front yard
., : storage from the development code. A summary of the results of the
ilk NPO meetings is provided in the attached July 17, 1991 memo from {.
'e', ... ' Liz Newton.
1
k ,' In December, 1991 the Planning Commission recommended unanimously
against repeal of code section 18.96.060 A. which prohibits the
g P
"i' storage of such vehicles and units in the required front yard
_ setback. In February, 1992, the City Council held a public hearing
`' on the proposed repeal and also voted unanimously against repealing
•••,', t
= it
the code section. Minutes of the December 2, /991 Planning
, , °� Commission meeting and the February 11, 1992 City Council meeting
are also attached.
�i In late June, 1992, Councilor John Schwartz and Dick Eewersdorff
with Rick Perkins and a local representative of t
,» met. the Good Sam
• i "° " Club (a national RV owners club) as a result of a request to the
x a o Y i u
.
' y4 Council. After that meeting, staff prepared a summary of what
't 4'= other cities across the country do to regulate RV's and other
'' : similar units. This was reviewed by the Council on October 20,
1992 who requested an additional workshop on the issues involved.
":" Other Cities
Most of the material provided for the October 20 meeting came from
F3 excerpts of ordinances from around the country. Additional
J information was requested from local jurisdictions. This included:
Hillsboro - Police controls RV parking on the streets,
blocking sidewalks and clear vision areas; There are no other
regulations controlling RV's.
4' Gresham - Only in the 5,000 and 7,000 square foot low density
zones are recreational vehicles mentioned. They must be
t T,; parked on a hard eurface such as compacted gravel, concrete,
u
j = any '. .• j t a a }1 t = " ., 1 " ' + ' '' fi=b" 1,-
asphalt, or similar durable surface and are only restricted
from parking in the clear vision triangle of corner lots. •
•
0 Wilsonville Has no regulations regarding Re's
s ' Lake Oswego Not allowed in public right of way, nothing
addresses aesthetics; There are no regulations addressing RV's u
I on private property.
A
L Washington County - Has no limits on storage of such units in
residential zones unless the number exceeds five which is a
, code violatirn.
4 ,fi 1 !
There are a number of possible ways to proceed, These include: 1
J.1
F ' 1. Igo not repeal ordinance section 18.96.060 A. This would
.. mean that RV's: etc. would still, be restricted from being i;
', parked in the required front yard setback. ,_•
' t 2. Repeal the ordinance section that restricts parking in
�h
the required front yard setback. Clear vision standards
.,1'.1 , (18.102.050) can still regulate the parking of RV f e 0 etc.
that would block the vision of vehicles backing out of
t °; adjacent driveways. Paa "xing on a public street, living
or sleeping in an RV or the connection to water or sewer
services would be regulated by other code provisions.
3. Modify the existing ordinance for clarity, health and
' ' safety but allow RV's, etc. to be parked in the front
„ ;' 1; yard. Possible code language:
r Boats, trailers, campers, camper bodies, house trailers, 4
A , recreational vehicles or commercial vehicles in excess of
' 3/4 ton capacity are allowed to be stored in a required
front, side or rear yard setback in a residential zone
fi. . but may not
et< a. be parked in a visual clearance area;
b. be used for sleeping purposes for over 72 consecutive
et, 673 hours;
Y c. be connected to water or sewer services;
::;.: ge"'" 4. Modify the existing ordinance for clarity, health and
gg safety as in # 3 above with the added limitations:
1:
Boats, trailers, campers . .
d. only one such vehicle or unit may be parked in the
front yard. Said vehicle or unit must be parked at
t' least 10 feet back from the outside edge of the
;) sidewalk/ face of the curb if there is no sidewalk,
4_I
5 t
x;{ ' -+"a' 4 _, ?,° � S..°'`•�+ ^'.' i..4y, 3 b M tit 4'a }- ! :♦ �. 4 j P '..f» " T ] '.: Y, [ ij•: Y is
or from the edge of the paved surface of the street
if there is no curb or sidewalk.
r ` e. Front yard storage or parking shall be hard surface
e or graveled.
f. The vehicle or unit must have Current state license
° . plates or registration and must be kept in mobile'
condition.
5. modify the existing ordinance to prohibit storage in the
required front yard setback unless there are physical
characteristics of the lot, landscaping or the lack of
e- access the side or rear yard which would
preclude such storage. Possible code language:,
} Boats, trailers, campers camper bodies, house trailers,
• recreational vehicles, or commercial vehicles in excess
o2 3/4 ton capacity shall not be stored in a required
front yard in a residential zone unless due to physical
characteristics of the lot, building or landscaping,
space is not available in the side yard or there is not
•reasonable access to either the side or rear yard. A lot
shall be deemed to have reasonable access to the side or
* .. rear yard if terrain permits and access can be had
' 'a without substantial damage to existing trees or f`"
landscaping. A corner lot shall normally be deemed to
have reasonable access to the rear Yard. A fence is not
Cr
deemed to prevent reasonable access.
. Recommendation
There appears to be no community consensus on the need for
aesthetic control relative to RV°s etc. Public safety can be
;, controlled by existing visual clearance regulations and
subdivisions that wish to control parking can do so through
protective covenants and restrictions. It - is, therefore,
recommended that option #2, to repeal the code section altogether,
° be chosen.
est
44 ai
d. S ,, r ".�':. 3 t j aFh fi X ;'• d d
.* TT
�• f is :}
(
*%4 1.1EMORi1L NUM
o- f CITY OF 'TIGARD, OREGON
{ TO: Dick Bewersdorff, Senior Planner
PROM: Liz Newton, Community '^relations Coordinator IA
• DATE: July 17, 1991
S'ECEDEC°T: PPO C,„osusents on RV Storage Ordinance
On Wednesday, July 10, 1991, I facilitated a discussion with NPO's x/2, 4 & 8 to
discuss the I1PC) 5 proposal.regarding W storage.e.
By a vote'of 13 - 2, the members present favored some regulation of RV storage :t7.
ass front'yes. Six people favored leaving,ttae ordinance as is, 5 favored some
modification to regulate front yard storage.
Suggestions for regulation of front:yard storage included the following: .
o Prohibiting front yard storage except in cases of hardship.: '
o Allow front yard storage as long as vision clearance requirements - 4
are met.
'4 o Allow front yard storage as long as the vehicle is behind a legal
fence. A„
o Allow front yard storage where there is a minimum.mum of 50' frontage.
Most of the people in attendance felt that the 7500' minimum proposed by NPO #5
is discriminatory. There were concerns raised about pie shaped lots that may meet
the` 7500 minimum but may not'have room in the front to store an RV or smaller
lots with front yards that are adequate.
There were some concerns raised regarding the city's current 'enforcement by
complaint' policy.. Some felt that if ordinances can not be actively enforced they
should be repealed.
The biggest concern expressed was that if RV storage is permitted in the front ,'
yard vision clearance provisions must be met.
•
•
Ord , -.
•
''. < •. . , as :'' 1 4 •,1 4 r- r
,c
4�: 7. PUBLIC REARING— ZONE ORDINANCE ZOA 91-0005 FRONT'
f YARD STORAGE (ALL ' A proposal to delete . section
C 18.96.060 (A) of the City of Tigard Community Development Code
a., which , -
prohibits front yard storage in a residential. zone.
Section 18.96.060 Storaga in Front Yard' (A) states: Boats,
trailers, campers, camper bodies, house trailers, recreation
' vehicles, or commercial vehicles in excess of 3/4 ton capacity
.. F
shall not be stored in a required front yard in a residential
zone. LOCATION: Citywide APPLICABLE APPROVAL CRITERIA:
Community Development Code Section 18.22.040 and 18.96.060
a. Public hearing was opened.
b. There were no declarations or challenges.
:n'..''.
" c. Senior Planner Bewersdorff reviewed the Staff Report as ,
submitted to the City Council in their meeting packet..
d. Public testimony:
- Opponents (against amendments) , ;
e Harry L. Schukart, 11910 S.W. Morning Hill Drive, ';
Tigard, Oregon advised he was testifying as
s ,: ' President of the Horning Hill Homeowner's
* •. Association. He said 95* of the association
x members were opposed to the amendments because such
■-` action would likely lead to other unsightly front
yard storage.
n. -' Mr. Schukart advised that if people can afford
recreational vehicles (rv's), then they should be -;.
able to afford to store them in a proper place,. He '<'`
said covenants and restrictinns would be one way to
4. -°'� regulate f , gu front yard. storage; however,. . residents
would have to file a civil, suit and co through the
court system. This, he advised, would be too
an
costly.
• Teri Wasco, Tigard, Oregon, noted problems with
„ cars parking on sidewalks or streets because of
front yard storage of rv's. She noted aesthetics
.: ea
would be damaged and front yard storage was "visual
in harassment." She cited several existing problems
near her neighborhood.
Cal Woolery, 12356 S.W. 132nd Court, Tigard,
Oregon, testified as Chair of NPO 7. He said the
NPO would not want to see any change in the current
ordinance and recommended improvement of
1 :
4 CITY COUNCIL MEETING S -� FFEBRUARY •11, 1992 •- PAGE 6
4
'nn
i
j •
-- , F xS i 4 4 •1' ' • 14, i .. J x •
5 ,
_ 1
a=
' ' '' a, enforcement of the current provisions.
Y 0 Dale Rossman, 13355 S.W. 76th Avenue, Tigard,
f ,4 . " Oregon noted he would not want the current a
7 ' ordinance changed. .,He cited safety. issues; and
t adverse : affects on market values if rv's were
allowed to park in front yards. Me added that,
< :s while the ordinance was not perfect, it gave City
.; staff some ability to regulate problems.
3' . D.K. Paul, 14137 S.W. Fenno Creek Court, Tigard,
Oregon, testified as President of the Colony Creek
' Estates Homeowners' Association. Mr. Paul said
o a residents in his area were 80-90% opposed to ;,
repealing the ordinance as was being proposed. He ;;
cited the desire to maintain attractive
1 -i'...:-, neighborhoods and adverse affects . on property
values if the ordinance was repealed.
`. Mike Brewin, 9955 B.W. Fable•, Tigard, Oregon,
i i requested that Council not repeal the ordinance.
_' `.' He, too, cited adverse affects on property values. ;'
` Mr. Brewin distributed
pictures taken earlier in �;
the day which illustrated his point about the {''
.? <1` current problem in Tigard. (Note: Mayor Edwards, •
during later remarks, commented that many of the
photos were of situations which would not be
addressed by current language. )
, . Mr. Brewin urged Council to not change the f;:
ordinance because of a vocal minority who were
breaking the law on this issue.
- Proponents (for amendments)
k� `. ° NPO 5 Chair, Craig Hopkins, reviewed NPO S's t.
efforts. The NPO initiated an amendment to repeal ,
1'. :.' the Code restrictions following a series of `;
,1 neighborhood complaints and discussions on the
@,, issues. Reactions from all NPOs on this issue were-
ad mixed. Since the code only applies to the required
front yard (normally 20 feet) campers, recreational
= vehicles, boats, etc., can be legally -stored in
L , many front yards. Older subdivisions, many times,
J
ri have greater setbacks which would allow front yard
J
storage.
W
'.1 c. The public hearing was closed.
d. Council comments. Council remarks were generally in
favor with the Planning Commission findings which
i t I; CITY COUNCIL FETING MINUTES ® FEBRUARY 11, 1992 - PAGE 7
:7:4.:'
.. +a:': '"4� t:"''',;.'%.,:.'s,' v z — `9,• '' — ' ".4 '; 4' 4 ; {J. yr
a
y
'' r recommended that the Council maintain 'the existing F
' ' regulations, citing neighborhood aesthetics as the main
• ,_ • rationale. In addition enforcement, safety, and
infringement of another's property rights were of concern
t „' Q - .- . to the Council.
e. Motion by Councilor Johnson, seconded by Councilor
Kasten, to deny the NPO 5 application for the repeal of
Section 18.96.06 A.
It
�• The motion was approved by a unanimous vote of Council
present.
s r'
f. Councilor Johnson requested a conversation by Council at {
a future study session meeting regarding policy on Code
Enforcement.
8.> CONSIDERATION OF REvisiaff O CITY VACATION ORDXNARC1;
k a. Senior Planner Bewersdorff reviewed this agenda item.
The proposed ordinance would revise the City's street
` ° vacation notification requirements to coincide with 1991 ••
changes in Oregon State Statutes.
b. ORDINANCE NO. 92-05 - AN ORDINANCE TO AMEND PROVISIONS OF
THE TIGARD MUNICIPAL CODE PERTAINING TO NOTICE OF PUBLIC
t' HEARING FOR STREET VACATIONS, SECTION 15.08.120.
{
co Motion by Councilor Kasten, seconded by Councilor Schwab,
to adopt Ordinance No. 92-05. ,
' The motion was approved by a unanimous vote of Council
present.
9. EXECUTIVE SESSION: The Tigard City Council went into
• ' Executive Session at 8:45 p.m. under the provisions of ORS
192.660 (1) (d) , le) , & (h) to discuss labor relations, real
property-transactions, current and pending litigation issues.
1 10. ADJOURNMENT: 8:55 p.m. •
7
Attest: j , Catherine Wheatley, City Reorder
"\') • 0,/ . /I'' -
Catherine
G)layor,City -of Tigard
Date: 3- l C?- q
ti
4': hetrecor dencanIccm0211.92
CITY COUNCIL.MEETING MINUTES -- FEBRUARY 11, 1992 PAGE 8
•
1
- 5.3 ZONE ORDINANCE AMENDMENT ZOA 91-0005 FRONT YARD STORAGE (ALL NPO'S) A
proposal to delete section 18.96.060 (A) of the City of Tigard Community
Development Code which prohibits front yard storage in'a residential
zone. Section 18.96.060 Story e in Front Yard (A States Boats,
trailers, campers, camper o ies, ouse trai ers, recreation vehicles,
r ' or commercial vehicles in excess of 3/4 ton capacity shall not be stored i`
in a required.front yard in a residential zone. LOCATION: Citywide
APPLICABLE APPROVAL CRITERIA: Community Development Code Section
s'' 18.22.040 and 18.96.060.
a o Senior Planner Richard Bewersdorff explained the applicant, NPO #5, was
, seeking to do away with the rule prohibiting storage of items in the �:'
' front yard. He explained that this is an issue of community values
_ revolving around aesthetics. He. discussed the C-C & R's set up.in
-;, developments to deal with this Issue.
'' APPLICANT'S PRESENTATION
. _ ' o Craig Hopkins, Chair of NPO #5, spoke representing the NPO. He said
• that this section of the Code was complaint driven, and therefore tended •.
: to be unevenly enforced. He described a specific incident where there
was some animosity between two neighbors, and this resulted in a L-
complaint being4i1 .ne He suggested removing this section from the Code Y
because it is too difficult to enforce.
o Discussion followed pertaining to C C & R's. President Fyre expressed
concern, as this was the only method of dealing with problems of this 3,.
nature and many carmunities did not have C C & R's set up.
o Commissioner Barber inquired of Mr. Hopkins whether the NPO would be in n
Y favor of keeping this section of the Code if there were enough code
i • enforcement officers. Mr. Hopkins advised that the NPO would look
{ favorably if the Code were consistently enforced.
e 7# " o There was discussion about the term "required front yard" and Senior
Planner provided definition and clarification.
Y�
¢; OPPONENTS
r ,:
gy i .', o Bill Gross, 3019 SW Hampshire, spoke on behalf of NPO #7-opposing the
°I xr+. .. proposed elimination of this section of the Code, as it would tend to
a have a detrimental effect on the appearance of neighborhoods. He stated t
o, ? that NPO members do not believe that C C & R's are the best method to
3` deal with yard clutter problems. He advised that the NPO finds that the
.3 policy is sound, whether or not the policing is difficult.- He said
there was no basis for the proposal to allow larger yards to have more
am clutter.
r 0 In response to a question from Commission Saporta regarding any middle
£; ground which could be taken, Mr. Gross stated that the consensus of the
iiPO membership was that the Code ought to be retained as is.
r
' PLANNING COMMISSION MINUTES - DECEMBER 2, 1991 PAGE 5
{ ` .UTTAL
e Craig Hopkins spoke again about the possibility for misuse.of the Code. L?.
He described the loss incurred by the person who was cited in the _'
particular instance which occurred in his neighborhood. He suggested a
there were other avenues to deal with nuisances.
>' PUBLIC HEARING CLOSED
.Y,
o Commissioner Boone did not favor rejecting the code, because maintaining
the community is important.
o Commissioner Saporta said, while the specific incident Mr. Hopkins spoke
' of was unfortunate, thi s;,yas no.basi s for altering.the Code. He said he ,
would consider a modification to the requirements; but since the
.i:
applicant did'not favor this, he would vote to leave the node as is.
Y: o Commissioner Moore agreed with Commissioner Saporta. He described the 'G
C 8 R's in his neighborhood, which he chose specifically for its
maintenance benefits. He noted that storage is a. self-imposed problem.
He favored keeping the Code as isa
o Commissioner Castile commented he would-prefer to arrive, at some
compromise that would allow for some amount of limited storage. Since
'=. - '-f.ns there has no compromise currently available, he favored keeping the Code.
.
o Commissioner Barber advised she did not like to see uneven enforcement.
She suggested there should be more than one code enforcement officer.
There was discussion about current resources in this area. She favored
keeping the regulation but with modifications to make it more ,}.
understandable.
o President Fyre commented that having limited enforcement ability was not
justification for eliminating the regulations. He favored keeping the
Code as is.
* Commissioner Moore moved and Commissioner Saporta seconded to make a
„ recommendation to City Council against repealing the City Code Section
.=� ;. 18.96.06 (A). Motion passed unanimously by Commissioners present.
f 7,
6. OTHER
a,
cc o Senior Planner Bewersdorff advised that City Council had upheld the
oo Planning Commission's recommendation and study concerning Note 2 on the
study areas on the Transportation Plan Map.
5
•
14i`° - PLANNING COMMISSION MINUTES - DECEMBER 2, 1991 PAGE 6
. .: .. .;! .r'.:, .. an.... .!?
1
MEMORANDUM
CITY OF TIGARD, OREGON
o
of
TO: Mayor and City Council
t
FROM. Patrick Reilly
DATE November 10, 1992
i
SUBJECT: RV Parking
„ Histor ' 1:
T '' 5t-pr In July, 1991, storage of recreational vehicles, trailers, campers ..;
c ' and boats in front yards became an issue due to a number of 4:
o complaints. After studying the issue and meeting with all NPO's,
NPO 5 initiated a request to delete the prohibition of front yard
• storage from the development code. A summary of the results of the
NPO meetings is provided in the attached July 17, 1991 memo from
r
,
Liz Newton. NPs ..,-. !- - u.° is ``{'
In Dec. ber, 1991 the Planning Commission recommended unanimously
�' against, repeal of code section 18.96.060 A. which prohibit ;;tae
storage of such vehicles and units in the required front Yazd
{ ' setback. In February, 1992, the City Council held a public hearing
on the proposed repeal and also voted unanimously against repealing
the code section. Minutes of the December 2, 1991 Planning
Commission meeting and the February 11, 1992 City Council meeting
{ ' are also attached.
� °'"'`BIn late June, 1992, Councilor John Schwartz and Dick Bewersdorff
met with Rick Perkins and a local representative of the Good Sam }
Club (a national RV owners club) as a result of a request to the
t Council. After that meeting, staff prepared a summary of what ,
4 _ / other cities across the country do to regulate RV's and other
similar units. This was reviewed by the Council on October 20,'
- 1992 who requested an additional workshop on the issues involved. 1.
I- Other Cities
` Most of the material provided for the October 20 meeting came from .,
excerpts of ordinances from around the country. Additional
', 0 • information was requested from local jurisdictions. This included:
e- 0 eSSe0'}' 2 /u�NCS r-c `.
;' 1 Hillsboro - Police controls RV parking on the streets,
blocking sidewalks and clear vision areas; There are no other
: regulations controlling RV's.
Gresham - Only in the 5,000 and 7,000 square foot low density
} . . zones are recreational vehicles mentioned. They must be
parked on a hard surface such as compacted gravel, concrete,
%:,:' -, .
V
.. . - .. •.,. .,_ " ,. � .fin . .. '.r. �, r t' � i, t:� " '}�
4 ' '}I
} asphalt, or similar durable surface and are only restricted
from parking in the clear vision triangle of corner lots.
a
Wilsonville - Has no regulations regarding RV''a
#4_ Lake Oswego - Not allowed in public right of way, nothing
addresses aesthetics; There are no regulations addressing RV's
.;r2 on private property.
i
Washington County Has no limits on storage of such units in
4 .,-, residential zones unless tar number exceeds five which is a
code violation.
-',I'; • P5. 4Y- C.-5 0,-d'P7 1 V 1-2 4-'l. r-4- S
Opta.6
There are a number of possible ways to proceed. These include
1. Do not repeal ordinance section 18.96.060 A. This would
' '., mean that RV's, etc. would still be restricted from being
parked in the required front yard setback.
?,'s a 2. Repeal the ordinance section that restricts parking in
°t. Y' the required front yard setback. Clear vision standards
- . ; "(18.102.050) can still regulate the parking of RV's, etc.
,. , that would block the vision of vehicles backing out of
, adjacent driveways. Parking on a public street, living
. or sleeping in an RV or the connection to water or sewer
", { j services would be regulated by other code provisions.
v 3. Modify the existing ordinance for clarity, health and
4 . safety but allow RV's, etc. to be parked in the front
k x.;
x ,r yard. Possible code language.
K Boats, trailers, campers, camper bodies, house trailers,
° , recreational vehicles or commercial vehicles in excess of
4 4�; * 3/4 ton capacity are allowed to be stored in a required
-4, 14, front, side or rear yard setback in a residential zone
` l but may not:
' y 0. be parked in a visual clearance area
• • be used for sleeping purposes for over 72 consecutive
> „ �
4 hours; Cow " G� LN-'-� ��---- .^1
��, '� c. be connected to water or sewer services;
4 ° 4. Modify the existing ordinance for clarity, health and
safety as in # 3 above with the added limitations:
Boats, trailers, campers
d. Only one such vehicle or unit may be parked 2:,, i n the
front yard. Said vehicle or unit must be parked at
z ,Af least 10 feet back from the outside edge of the
,', '', sidewalk, face of the curb if there is no sidewalk,
{
-.,
,. ":1,%.,'-- `: •�,. ,`•1. ,,r . %-, J iid + r,5`.'F. ,.`'7.1.;4 _ {e ..4,,''',,,.-".
..4 k 1',S4 t ,. .. ,.t . - , . ,._',Tr."..
s ...
i Z
or from the edges of :the paved surface of the street
•
• if there is no curb or sidewalk.
e. Front yard storage or parking shall be hard surface
ei or graveled. ,
k115.61‘-'�.‘ v^�1 k Va"'�4'"� 'v g `
lae vehicle or unit must have current state license
4 ==.4 plates or registration and must be kept in mobile
condition.
5. Modify the existing ordinance to prohibit storage in the
required front yard setback unless there are physical
characteristics of the lot, landscaping or the lack of
reasonable access 'the side or rear yard which would
` preclude such storage. Possible code language:
Boats, trailers, campers, camper bodies, house trailers,
recreational vehicles, or commercial vehicles in excess •{`
of 3/4 ton capacity shall not be stored in a required
front yard in a residential zone unless due to, physical
characteristics of the lot, building or landscaping,
space is not available in the side yard or there is not
reasonable access to either the side or rear yard. A lot
t- shall be deemed to have reasonable access to the side or
' t = rear yard if terrain permits and access can be had
without substantial damage to existing trees or
landscaping. , A corner lot shall normally be deemed to
have reasonable access to the rear yard. A fence is not
deemed to prevent reasonable access.
+ecQTQmendation
-�° There appears to be no community consensus on the need for
aesthetic control relative to •RV's. etc. Public safety can be
controlled by existing visual clearance regulations and
subdivisions that wish to control parking can do so through
protective covenants and restrictions. It is, therefore,
recommended that option #2, to repeal the code section altogether,
be chosen.
in
•
- . n . 4 4, - . ..• i, � �5 ., .• .- 1,.,. •i•
%.,'. 4'"
MEMORANDUM!
CITY OF TIGARD, OREGON tr-
„- ,,
e
TO: Mayor and City Council
FROM Patrick Reilly
M DATE: October 27, 1992
,. ,,`; SUBJECT: RV Parking
,
ie HistOr�r
x
In July, 1991, storage of recreational vehicles, trailers, campers
and boats in front yards became an issue due to a number of
complaints. After studying the issue and meeting with all NPO's,
°}' ' NPO 5 initiated a request to delete the prohibition of front
,� q p yard. :.
, storage from the development code. A summary of the results of the
NPO meetings is provided in the attached July 17, 1991 memo from
{,', ,,; Liz Newton.
k ; In December, 1991 the Planning Commission recommended unanimously
fr against repeal of code section 18.96.060 A. which prohibits the
storage of such vehicles and units in the required front yard
_'• setback. In February, 1992, the City Council held a public hearing
''..-.%es,, on the proposed repeal and also voted unanimously against repealing
the code section. Minutes of the December 2, 1991. Planning
eeo{ >' Commission meeting and the February 11, 1992 City Council meeting
, .r are also attached.
, ; k In late June, 1992, Councilor John Schwartz and Dick Bewersdorff
4 mat with Rick Perkins and a local representative of the Good Sam
Club (a national RV owners club) as a result of a request to the
Council. As a result of that meeting, staff prepared a summary of
`J, . ,, what other cities across the country do to regulate RV's and other
similar units. This was reviewed by the Council on October 20,
1992 who requested an additional workshop on the issues.
y
Y Other Cities
,• Most of the material provided for the October 20 meeting came from
excerpts of ordinances from around the country. Additional
information was requested from local jurisdictions. This included:
Hillsboro Police controls RV parking on the streets,
blocking sidewalks, and clear vision areas
Gresham - Only in the 5,000 and 7,000 square foot low density
zones are recreational vehicles mentioned. They must be
x* parked on a hard surface such as compacted gravel, concrete,
ee asphalt, or similar durable surface and are only restricted
•, e
� s?.§.w. A. 1.., '' kk` , 1, -''4 a `, a ., ., ' '
• 'fir 4 - r.•. N,c•x, r �_. .°...t` t
a
•
from parking in mhe clear vision triangle of corner lots.
Wilsonville Has no regulations regarding RV's
Lake Oswego - Not allowed in public right of way, nothing
addresses aesthetics
a { Washington County -- Has no limits on storage of such units in
residential zones unless the number exceeds five which is a
code violation ..l
, motions f+
There are a number of, possible ways to proceed. These include:
1. Do not repeal ordinance section 13.96.060 A. This would
mean that RV's, etc. would still be restricted from being
parked in the required front yard setback.
iy t�.v♦
2. Repeal ordinance section that restricts parking in the
required front yard setback. Clear vision standards ,_
(18.102.050) can still regulate the parking of RV's, etc.
z. that would block the vision of vehicles backing out of
• ' adjacent driveways. Parking on a public street, living J
or sleeping in an RV or the connection to water or sewer
services would be regulated by other code provisions.
3. Modify the existing ordinance for clarity, health and x`
safety but allow RV's, etc. to be parked in the front
e. yard. Possible code language:
Boats, trailers, campers, camper bodias, house trailers,
recreational vehicles or commercial vehicles in excess of
3/4 ton capacity are allowed to be stored in a required
front, side or rear yard setback in a residential zone
but may not:
1. be parked in a visual clearance area;
2. be parked overnight on a public street;
3. be used for sleeping purposes for over 72 consecutive
e hours;
..,,• 4. be connected to water or sewer services;
4. Modify the existing ordinance for clarity, health and
safety as in # 3 above with the added limitations:
Boats, trailers, campers . .
5. Only one such vehicle or unit may be perked in the
front yard. Said vehicle or unit must be parked at
least 10 feet back from the outside edge of the
sidewalk, face of the curb if there is no sidewalk,
or from the edge of the paved surface of the street.
i
ap
In no case would any vehicle or unit or portion there
of be allowed to be parked stored within the public
right of way for over 24 hours
6. Front yard storage or parking shall be hard surface
ft
or graveled.
7. The vehicle or unit must have current state license +:
} = plates or registration and must be kept in mobile ±i
condition. :.
.1:c%= -:.". 5. Modify the existing ordinance to prohibit storage in the
required front yard setback unless due to physical
characteristics of the lot or landscaping, the lack of
reasonable access the side or rear yard are not
available• Possible code language:
Boats, trailers, campers, camper bodies, :louse trailers,
recreational vehicles, or commercial vehicles in excess
` of 3/4 ton capacity shall not be stored in a required
front yard in a residential zone unless due to physical
characteristics of the lot, building or landscaping,
t " space is not available in the side yard or there is'not
reasonable access to either the side or rear yard. A lot
shall be deemed to have reasonable access to the side or
rear yard if terrain permits and access can be had r;
without substantial damage to existing trees or
landscaping. A corner lot shall normally be deemed to .
have reasonable access to the rear yard. A fence is not
deemed to prevent reasonable access.
Recommendation
Since there appears to be no community consensus on the need for
. %, aesthetic control, public safety can be controlled by visual
clearance regulations and those subdivisions that wish tocontrol
parking can or do so through protective covenants and restrictions,
it is recommended that option #2 repeal of the code section be •
chosen.
a. 5
im
-z=
c./ �
MEMORANDUM V
c y
fn CITY OF TIGARD, OREGON t 1k� r 1 W&\
1 a , 1 14+
' TO: Mayor and City Council (� `� `'�'� - 6 ,
4 `4
FROM Patrick Reilly V � ‘ A P ''-e
1 a (1\6 �p�'
' DATE: October 27, 1992 v
..,,. SUBJECT: RV Parking r4\ �� �0.,t) k
HiataK 1 k \ 'G y
In July, 1991, storage of recreational vehicles, trailers, campers t
' : and boats in front yards became an issue due to a number of V ,1 j
complaints. After studying the issue and meeting with all NPO°s, ay.('° ,�
NPO 5 initiated a request to delete the prohibition of front yard
storage from the development code. A summary of the results of the t 1 '
as
NPO meetings is provided in the attached July 17, 1991 memo from Cl' /'
Liz Newton.
In December, 1991 the Planning Commission recommended unanimously x •;
against repeal of code section 18.96.060 A. which prohibits the
storage of such vehicles and units in the required front yard
setback. In February, 1992, the City Council held a public hearing %
on the proposed repeal and also voted unanimously against repealing
the code section. Minutes of the December 2, 1991 Planning
Commission meeting and the February 11, 1992 City Council meeting
are also attached.
s In late June, 1.992, Councilor John Schwartz and Dick Bewersdorff
met with Rick Perkins and a local representative of the Good Sam
iY' Ms.
Club (a national RV owners club) as a result of a request to the
i Council. As a result of that meeting, staff prepared a summary of
, what other cities across the country do to regulate RV's and other
similar units. This was reviewed by the Council on October 20,
° •, 1992 who requested an additional workshop on the issues.
' Other Cities
Most of the material provided for the October 20 meeting came from
excerpts of ordinances from around the country. Additional
® information was requested from local jurisdictions. This included: ,
Hillsboro -- Police controls RV parking on the streets, �' ,
blocking sidewalks5' and clear vision areas, (e y', 0,0, 1�an ?
j:
f Gresham - Only in the 5,000 and 7,000 square foot low density
,f+ zones are recreational vehicles mentioned. They must be
parked on a hard surface such as compacted gravel, concrete,
t' asphalt, or similar durable surface and are only restricted
1l
.a
Z
t ,y .. i S:w is y i 4.i 2.r: 1. 7 ♦
a '`.i'; .. . .. , .. ' t' , q,-. , ,. w'::d '' , ; 4 f:, " i i t x 1h �'y r,+ ,t
1 from parking in the clear vision triangle of corner lots.
t
Wilsonville - Has no regulations regarding RV's
`d' _ . Take Oswego - Not allowed n tublic right of way, J
add se s l r, e A O d d^' c • AU; al ( "a .,
,- ov
•. Washington County - Has no limits on storage of such units in
o ‘, residential zones unless the number exceeds five which is a
code violation , .
® t s
`' There are a number of possible ways to
p y proceed. These include:
.'
+1 ''
1. Do not repeal ordinance section 18.96.060 A. This would
mean that RV's, etc would still be restricted from being'
parked in the required front yard setback. •
4' 2. Repeal ordinance section that restricts parking in the
required front yard setback. Clear vision standards
(18.102.050) can still regulate the parking of RV's, etc.
that would block the vision of vehicles backing out of
Ito adjacent driveways. Parking on a public street, living
or sleeping in an RV or the connection to water or sewer
� ' services would be regulated by other code provisions.
' 3. Modify the existing ordinance for clarity, health and
v safety but allow RV's, etc. to be parked in the front
rim, yard. Possible code language:
Boats, trailers, campers, camper bodies, house trailers,
recreational vehicles or commercial vehicles in excess of f=
tj 3/4 ton capacity are allowed to be stored in a required
front, side or rear yard setback in a residential zone
-, ., WW1 but may not:
}
V r 1. be parked in a visual clearance area; ,'
(. �.) - 4 -2 e,. ';e .., ^7..".l•wo o.-v+ ,+tom- --....---f.. „'^ -.fir w
& ,3. be used for sleeping purposes for over 72 consecutive
,, �, *I hours;
,4.3 be connected to water or sewer services;
ire,' 4. Modify the existing ordinance for clarity, health y s I� and
Ea safety as in # 3 above with the added limitations:
}: 0
,,f' 1 ' Boats, trailers, campers . . .
-5. Only one such vehicle or unit may be arked in the
�� front yard. Said vehicle or unit must be parked at
least 10 feet back from the outside edge of the
.,'. '‘,A"": • sidewalk, face of the curb if there is no sidewalk
or from the edge of the paved surface of the street.
K.,.a
..•. r.•era ..},.
j' (in'no case would any vehicle or unit or portion there "�F
,« of be allowed to be parked stored within the public .'
,{`right of way for over 24 hours.
Front yard storage or parking shall be hard surface }
C or graveled.
,a The vehicle or unit must have current state license
1
plates or registration and must be kept in mobile
condition. ,♦
1 5. Modify the existing ordinance to prohibit storage in the tk'
required front yard setback unless due to physical
characteristics of the lot or landscaping, e-3 aekk--ef--
reasonable access the side or rear yard are not
z' available. Possible code language:
y„ Boats, trailers, campers, camper bodies, house trailers,
recreational vehicles, or commercial vehicles in excess
of 3/4 ton capacity shall not be stored in a required
front yard in a residential zone unless due to physical `;
3: , characteristics of the lot, building or landscaping, W`
'r space is not available in the side yard or there is not
Syr
resonable access to either the side or rear yard. A lot
, shall be deemed to have reasonable access to the side or
rear yard if terrain permits and access can be had
" % . without substantial damage to existing trees or -,
, landscaping. A corner lot shall normally be deemed to
,} have reasonable access to the rear yard. A fence'is not J.
`:~,` ?' deemed to prevent reasonable access
,' Recommendation y
el
_ . (- Since there appears to be no community consensus on the n'led for
aesthetic control, public safety can be controlled by visual
k . - clearance regulations tand those subdivisions that wish to control
t 5+ " parking can do so through protective covenants and restrictions,
it is recommended that option #2 1 repeal of the code section4be
I I: chosen.
x
z
t ,. 4"e ( ii,t� sue- r .J s�
I d' W v"-C(11.4 444
avo t ‘
,, t eijtv, (1‘) vl , t 1 1
DiA ./ t/ 614 40f4
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* MEMORANDUM -':
CITY OF TIGARD, OREGON
'd :
. .r TO: Dick Bewe •sdorff
FROM: Ed Murphy
DATE: October 23, 1992
SUBJECT: RV's
f
As we discussed, the Council wants to hold another workshop on
RV's, boats, trailers, and campers. What I would like to present
x to them at the next workshop is the following:
• A quick history of this particular issue in Tigard, i.e. , how
q the issue started, the Council hearing in February, 1992, and
what they decided at that time (perhaps even include the
' minutes of February 11) . The visits of the staff to all of
the NPO's and their comments; what other cities in the area do
Y je about these types of vehicles, plus four different options and
a recommendation.
Regarding the other cities, they had mentioned Hillsboro,
Gresham, Washington County, Lake Oswego, and Wilsonville.
, They wanted a little more detail, I think, regarding whether
'i ' or not they currently regulate these types of vehicles, and if
.e:',. . 4-.,4
they don't, did they recently repeal an ordinance that did.
As far as the four different options, it looks to me like they
are as follows
{ t 1. Do not repeal the ordinance.
2 . Repeal the ordinance, (noting that we can still regulate
parking within a visual clearance area, parking on a
public street, living and sleeping in an RV, or
ji connection to the sewer and water services with other. .
kY? ordinances. All we would be repealing would be the
' } f� ordinance against storage in the required front yard
..:... setback area.
"; 3 . Modify the ordinance for clarity, and health and safety
e purposes. This ordinance would basically say that RV's
„,„4 4...11' 1 allowed in any front, side, or back yard setback
',• 7 lir' area, but it would clarify that they are not to be lived
or sl-4. in (used for permanent housing in any sense) ;
connect :d to the sewer and water, parked in a visual
clearance area, nor parked overnight on a public street
t within a public right-of-way.
yr
e 4 ,:'+tr ,■s'-..-"+n !. A4 ,; i i 3 i ••
,.
4 The other ordinance would include everything in #3
mentioned above, and would still allow RV's and other
vehicles to be parked in the. front yard area, but with
some additional limitations or restrictions, as follows:
There would be a limit set on the number of
r
vehicles parked within the front yard setback area t.
at any one time - I would suggest just one vehicle.
Require hard or graveled surface parking area if it
was within the required front yard setback area. (I
am ambivalent on this one);
It would require vehicles to have current state
,.r license plates or registration,- ,›
It would require vehicles to be kept in a "mobile
condition"
It would require vehicles to be set back from the
x edge of asphalt, face of the curb if there is no
sidewalk, or outside edge of the sidewalk by ten
° feet. Also, in no case would the vehicles, or any
portion of the vehicles be allowed within the
public right-of-way.
I would not include a provision that the vehicles be parked in the ��;s� ,
side or rear yard, unless it was impractical The standard with s'
broad discretion to define what is "practical" seems difficult to
administer and enforce.
I hope this accurately summarizes the City Council's discussion and
= t , discretion. As I mentioned, it will be scheduled on November 15,
and therefore, due to me on November 4. Thank you for continuing'
to work on this problem.
By the way, just by way of reference, do we restrict other non-
structural items from the front yard setback, such as satellite
disks, or hot tubs?
_r
cc: Ken Schreindl
br/RV.Mem
Fa
.k•, 44.
•
y 1
a .{ r
. 1
i
,, Council Agenda Item 14, 1
I R D CIT_y C O U N C I L
lt £4 MEETING MINUTES OCTOBER 20, 1992
f • Meeting was called to order at 6:30 p.m. by Council President
Schwartz.
i 1. ROLL CALL
Council Present: Council President John Schwartz; Councilors
Judy Fessler, Valerie Johnson, and Joe fasten, Staff Present:
Patrick Reilly, City Administrator, Ed Murphy, Community
Development Director, Liz Newton, Community Relations
Coordinator; Tim Rallis, Legal Counsel; and Catherine Wheatley,
City Recorder.
STUDY MEETING
;. 2. DISCUSSION ITEMS:
, 2.1 Recreational Vehicle (RV) Parking
4} 4 a. City Administrator Reilly introduced this agenda topic
411 noting that Councilor Schwartz and Senior. Planner Dick
'F Bewersdorff met with Rick Perkins and a local
,, . representative of the Good Sam Club in June 1992. Since
_ then, staff has reviewed material on this issue. (See
summary memorandum, dated October 7, 1992, filed with the
y : Council Packet material from Patrick J. Reilly, City
Administrator, to the Mayor and Council. )
ui b. Community Development Director Murphy distributed and
'' ',r'''.'- reviewed reviewed an October 20, 1992 memorandum from him to Pat
' Reilly concerning regulations on RV's, boats trailers,
campers.
®C Photographs, from several streets, throughout the City
g° which illustrated different RV parking situations, were
also submitted to the Council for their review.
- Mr. Murphy noted that approximately 6 to 8 complaints
OA
were received during the summer. Staff responds only on
w a complaint basis.
It was noted that several subdivisions have ,deed
restrictions which could control the parking of RV''s; the
'' City would not have jurisdiction over the enforcement of
�„w deed restrictions.
r -r -i i�
, ;-.1.... , CITY COUNCIL MEETING MINUTES - OCTOBER 20, 1992 PAGE 1
•
f.,.. ..w
•
_ y r ..n.. ..,. . , , w . r e... ..e• r1� rrL.Sri... � .r 1rt11
r- c. City Administrator Reilly advised, to simplify the
• «,'r issues, the threshold question is: Does the City desire
{ "4 to regulate or not regulate RV parking. ,:.
'I as Community Development Director Murphy added that if the
Code is enforced only on a complaint basis that it may be
better to not regulate.
is
d. Council discussion followed:
- Councilor Schwartz commented that some people find
.` RV's parked in neighborhoods objectionable. He
noted concerns with complaint-oriented enforcement.
• t City Administrator Reilly suggested RV parking can
J~L; be regulated; however, enforcement could be applied
;r ? differently.
ri:. /�
City Attorney Ramis commented on a legal element. ,
{rfM
He noted that some cities, such as Beaverton, have
required persons wishing to park RV's on their
property obtain the permission from their
neighbors. This has encountered some
Constitutional challenges (from the State Supreme
xi; Court) because of the improper delegation of :'
' , authority.
Council Ressler asked questions about measurement
. of right-of-way noting that two cars could be
parked in driveways and not be in violation of any
ordiance. If the parking did not pose a safety
, problem, then she said she thought it would be an
µ acceptable practice. She offered that screening
z might be a compromise; i.e. , landscaping or a
':4 removable fence.
Councilor Johnson requested comments from Mr. Rick
-, Perkins:
Mr. Perkins advised that, in his situation, the
6!C M problem was with the 20-foot setback. He was
within a few inches of being in compliance, but he
"r.< could not get his 17-foot trailer back any farther
on his property. He, advised that the trailer had
, been parked there for three years.
• gu Mr. Perkins also noted that finding rental storage
1 space for RV's was a hardship because of the
j• expense, not only for the rent but also for an
increase in insurance premiums. In addition, he
advised that such storage space was difficult to
locate in Tigard.
'' CITY COUNCIL MEETING MINUTES OCTOBER 20, 1992 - PAGE 2
X1'0
* + L yIx9Y)h+s.W ..NH n* KKN IM5r U* M/1+S.pf}.9} +)K+)JLWifN)l)+)INNNli 14+afti)!Y
-f • r..an,,. S+YNr.ti rF +rrr x+efrt+r,+. NYe.tLV. H4av}
Additional Council discussion followed. Topics
included the pros/cons of r egulating through the
City or ` through 41CC&R°s"; whether or not such
4 parking devalued property; whether the City's main
�
� `
_ focus of responsibility ' should be for safety
issues; where the City should address property
. a: rights vs. protection of property values. s;
Methods of enforcement were also discussed. One
�:' suggestion was to stipulate that all vehicles would
be required to have a current license and kept in
f t mobile, operable condition. Enforcement through
CC&R's was discussed briefly and options available
:R to; a neighborhood which did not have a homeowner's
association.
a.,
After discussion Council consensus was for the I:
I following: Staff will research additional t%;.
information from other cities as to how they
� ~ ; a address this particular situation. In addition
t ` staff will prepare a summary of requirements with
regard to regulation of setbacks, safety/health o `
issues. A draft ordinance will be available for
Council review with another workshop to be
scheduled on this issue.
•
Jai
Mr. Perkins indicated agreement with Council6s
decision to work for a compromise
Council meeting recessed :55 p.m.
Council meeting reconvened 8:02 p.m.
2.2 Board and Committee Structure
• a. Community Relations Coordinator Liz Newton
summarized this agenda item (see Council meeting
packet material for Item 2.2) . She distributed the
City Council Boards and Committee notes from the
m May 1992 Council workshop.
Common themes from the Board and Committee meetings 4
included:
` . broadening issues for Board/Committee review
6 creation of a "supergroup"
•
y
^ CITY COUNCIL MEETING MINUTES - OCTOBER 20, 1992 - PAGE 3
of 4
t nrt
OFF-STREET PARKiiIG AND LOADING
Section 85. Off-Street Parking Requ9ren%ents. Parking spaces shall
be provided and satisfactorily maintained by the owner of the property for
each building or use which is erected, enlarged, altered, or maintained In
{
accordance with the requirements of Section 85 to Section 88.
Section 86. General Provisions.
86.1 In the case of mixed uses, the total requirements for
off-street parking facilities shall be the sum of the requirements for the
various uses computed ,separately.
86.2 Spaces which only meet the requirements of one establishment
may serve more than one establishment on the same parking lot. Provided that
at sufficient evidence it presented which shows that the,normal hours of
� . operation of such establishments do not overlap.
parking All 3
86, aces
P g s p proviaed shall be on the same lot with the -
main building it serves or on an abutting lot. Upon demonstration by the
kd applicant that no parking on the same lot or an abutting lot is available, the
Planning Director may permit the parking spaces to be on any lot within 200
feet of the building.
86.4 For all residential. uses, any required parking space shall not
be less than 8 1/2 feet wide and 18 1/2 feet long. (See also Section 87.16.
Compact Cars, and Section 88, Off-St..eet Parking Lot Design for other
standards.)
86.5 Required parking spaces shall be available for the parking of
operable passenger automobiles of residents, customers, patrons and employees
z= �
and shall not be used for the storage of vehicles or materials or for the
parking of trucks used in conducting the business or use
A. In and rink) zones parkin and loading spaces ma
121-12-2.911114--in-a142;and rear ids and may be loctec: 2 front
ya a .1 a cifical? ' alloatg-1.0-1111-AMbseetiOn.
B. Parking in the front yard is allowed for each dwelling unit in
the driveway area l pmains o d are.e.. Also, one additional
oe space shall be allowed in that area
s" a yard and closest to tIteArxe y..,,4,u41,1 o„.,the—fall.otgi.rig
condit onstl
1. The owner of the lot upon which the space is so t„sbal1
'' ent qtr mitten zees pa r - i ow n� tn a ace with
the owner of the roEey on that...sid ,q,,,],,os�se t, o the
,.�
Propose_ additional space. This agree tent shall he
binding on the successors in interest to the property of
both parties and shall be recorded with the Washington
County Department of Records and Elections.
70
rr £0 d TOO ON ZO 91 26`60 Inc TbSZ 9ZS-£OS 131. fdl:; PJ01N3n 3c
t .1'' i. •3 `Zt•.a t s i ,�' a 'ate is }' Rr '' ..µ q f i :, 4 ..t a +`�` rU=.
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2. Notwithstanding the agreement of the property owners, the
' additional space sQl all not be -,
traffic s n.
3. The additional space shall be hard andereelf
ti C. Other than-is-provided-in-Be , no narle ink* Is allowed 1 n the
frosat witjp' s�� t►inin a special tearkina �erneit.
To obtain a permit the person seeking to place such p king
;q space in his front yard must be the owner of the lot and must
t ,
'r : submit an application on3a .form prepared by the Planning
z
' ee Director.
D. The Director shall review the application and shall 'ent tthe
e if it is shown that:
4 s 1. Due„_te2_,pleyedeeejeeeeheeaeeeeeLstln,seefenuJlsli.ng
placement or landscaping, Payki.ng, f.r �h€ side dr rear.
yard cannot ireasonali3* be provided• or
2. No on-street parking is available for temporary guest
parking.
It shall be a condition of 411 permits that the parking areas allowed
shall be beZE.LaninfAced.
x u A person denied a permit shall be given reasons in writing for the
denial, and may appeal the denial in the manner provided by Section 131, (ORD '..e.
3293; November 1982.)
E. If the permit is to be granted, notice of the Planning
Director's action shall be sent to all owners of property
' located on the same street and within 200 feet of the
applicant's property. The notice shall include:
fi 1. The owner and location of the parking space,
2. A description of the request.
r y
3. The fact that the request has been approved, `.
4. A statement informing the recipient of his right to
appeal the Director's decision to the Planning Commission
of 4 in the manner set forth in Section 131. (ORD 3293;
November 1982.)
00 88.7 Every parcel of land hereinafter developed for use as a
parking area for more than five vehicles.shail conform to the requirements of
is this subsection.
A. The development shell be reviewed by the Board of Design
Review. The Board shall ensure that the application
meets the standards of the Design Review process and
further that the parking area is effectively screened
from public right-of-way and surrounding property by a
sight-obscuring fence, hedge, or planting.
71 i 6µ
b0'd T00° oN 0: 9"r 6'60 i nC ItSZ-9zs-£OS :131 aio NO S3A0311
.4
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Beaverton Code •,
1
4, but by manufacture or, modification, obscures the
a i ;
vision of:
•
a. any official side-mounted traffic control 4'
sign or signal; ,..
b. intersection traffic; or
c. any pedestrian in a crosswalk.
k Such vehicles described in subsection A2 .are inclusive of, but
not limited to:
Vehicles with darkened, shaded or curtained windows.
Vehicles modified to eliminate side window(s) and/or rear •
window(s) .
i Vehicles with visibility through windows blocked by
{ parcels, packages, or freight. j'
pickup vehicles of less than six feet in height but
;' mounted with a canopy or camper with limited visibility ,
through it.
Panel trucks with no side and/or rear window(s) .
-, _':; An "uncontrolled intersection" is one where there are no
' traffic regulating signs or signals.
t' 6.02.310 kretib,Prohibited Parkin ox standim. No person
4 shall park or stand:
A. A vehicle in violation of state motor vehicle laws
or on the public right of way in violation of a lawfully
erected parking limitation sign. 4.
B. A vehicle in an alley other than for the expeditious
• , : ' ' loading or unloading of persons or materials, and in no case
for a period in excess of 30 consecutive minutes. :t
C. A motor truck as defined by the Oregon Vehicle Code
on a street between the hours of 9:00 p.m and 7:00 a.m. of
the following day in front of or adjacent to a residence,
• tr motel, apartment house, hotel, or other sleeping
accomumodat ion.
, , #Nli D. A, vehicle upon a bridge, viaduct, or other elevated
• :. structure used as a street or within a street tunnel unless
• {", { authorized.
t E. A vehicle upon a parkway or freeway, except as
authorized.
,`, 4._ P
,. 1. A vehicle that has not been moved a distance of
, at lease one tenth of a mile within 72 hours;
2. Unless the court finds that a vehicle is parked
so that it interferes with or obstructs the free movement
,,;. of traffic in or onto the street, it shall be a defense
w to a violation of subsection Fl that the owner or
� operator of the vehicle had the abutting property owner's
,,. or occupant's permission to park the vehicle on that
portion of the street which abuts the owner°s or
-' occupant's property if the vehicle bears a license plate
7
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• o' TO'd TO0' oN Z0:9l Z6'60 Inc tbsZ-9ZS-£0s : 131 QI3 NO1. 13n€13H•
,
Beaverton Code ;
9
I
with a valid, unexpired registration sticker and is not
a discarded vehicle.
'f -, G. A vehicle for a period in excess of a maxnaum
' - parking time limit where so designated by sign or other ,`.
' marking. Where maximum parking time limits are designated by
- , { ; sign, movement of a vehicle within a block shall not extend
,� the time limits for parking.
'' R. Unless otherwise indicated, a vehicle within 20 feet
of an intersection except momentarily to pick up or discharge ...
a passenger.
I. Any trailer house, camp trailer, mobile home, auto
' home, camp car, recreational vehicle, boat, boat trailer,
' utility trailer, or any other device not primarily intended
for the transportation of people, upon any street, highway or
'''�' , alley for a period of over 48 hours within any block or within ,
, . , 200 lineal feet of the same place, whichever is shorter.
' �, 3. A vehicle on a street or public place or premises 4.
r '''sc open to the public without a license plate or a vehicle with k•I 4k a license plate or temporary licensing permit which is expired
for more than one month.
y IC A vehicle any place on premises occupied by the city
police station that is marked as a place for police parking
`e only. °;.
L. A motor vehicle upon a sidewalk, curb, planting
i "' strip or median within the public right-of-way. [BC 6.02.310,
t5 amended by Ordinance No 3278, 8/17/82; Ordinance No. 3365,
. , 4/10/84; Ordinance No. 3427, 1/22/85; Ordinance No. 3447, e
5/14/85; Ordinance No. 3537, 10/21/86; Ordinance No. 3560,
'; 4/14/87]
6.02.320 prohibited Parking. No operator shall park and .`
,- Ls no owner shall allow a vehicle to be parked upon a street for
.- '''" ,-,° the principal purpose of:
_ 9.' A. Displaying the vehicle for sale;
B. Repairing or servicing the vehicle, except repairs
necessitated by an emergency.
6.02.325 Sel.li M erchandise From_VehicLta. No operator
shall park and no owner shall allow a vehicle to be parked
t upon a street or on premises open to the public for the
c +' principal purpose of selling merchandise from the vehicle '_
' unless authorized by City permit. ;:'
at 6.02.330 Use of Lading, Zane. No person shall stand or
0 park a vehicle for any purpose or length of time, other than
r for the expeditious loading or unloading of persons or
materials, in a place designated as a loading zone when the
hours applicable to loading zone are in effect. In no case
` when the hours applicable to loading zone are in effect shall
the stop for loading and unloading of materials exceed the
r A e4 t '
8
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BEAVERTON CID
4 „9-1c :auot;darea'
b$tZ-9ZS (COS) :# XM
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( ) O9zz-9.5(COS)
5001.6 .713 UOVaNeati
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Frarl d NODEMSEI
10/26/92 14:48 'x503 9 7446 COST DEV DEPT Mk, C a 001 r.
IIIP'' k)1( / 6tir`e .
d , (F) Manner of usin loadin areas. No s.-ee for loading shall be so
locat t e Vehicle using sudh loading s! :ce projects into any public
', street. Loading space shall be provided with access to any alley, or if no
alley adjoins the lot, with access to the str et. `.Any required front, side
• , or rear yard may not be used for loading. - ,,
t
s 1 Section: 3.0360 - "f .catio a of 'r
tee,' loading and parking require-
. Post-tt'"brand fax transmittal mama 7: t of P1061 y n the applicant can provide a
it , [fi/ use does not require the amount of
-�+"aeLe +r / ':1.1 *•< :.,: .,-4 his Ordinance. Modifications may
+i �' .isf.-.ction of the Co�tission that
Deft. 1pr ' , e i question, will not interfere
.r si - talk or public street, or a
.' / I .f use-.
Section: 3.0370 Recreational Vie aicle Park g
}
;. As defined by Section 7.100 (14) of the City o Gresham Code a recreational
vehicle parked on a residential lot within the Wt 7 or 5 land use districts
w shall meet the following requirements:
(Al The vehicle shall be parked on a hard surface ch as compacted gravel,
. concrete, asphalt, or similar durable material.
(B) If parked on a corner lot the clear vision rem parking restriction
'} applies (refer to Section 3.0600 through 3.0620(B).
, -. The graphic example below illustrates the area whe e a recreational vehicle
' could be parked en a residential lot and meet al the provisions of this
'< ` Jr; section and Section 3.0600.
f
FIGURE 2.5 ° i
1 t` RECREATIONAL VEHICLE PA KING y�-
.
i• . .,v ,F 4 ri ;;11..,
{ House '
cg o.(o,9.m. .,4' . . a A"a i. 2 e , i.,.zc a tt: h
MI - 0 34 i ,
re
3 _ �et � �:�'�� �� �.'��� ., :eel Ileglme
: .< STREET RVs not permitted kr
shaded areas
J MNMUMNM'INma �a�;us��ia i�trsa�r.
Exterior areas where RVs are parmitt T' l
,al + 0.wi: �erior areas where RVs are not pa ,•' 4
', t . 1,', '"',': J 4 ?k:•, f t t+".4k;0.� /%v7,,M"`C.7,C3 3i 3 f"" ' •s4 ....,,,,,,,4.,,-, ,, e{.3,, r f.4.
�' Vi fip T^n of rYnh n, . r.,,y ,n ,.Y.n:S '.� k h; iYaYni :}.ua. •
kii
. `..: *S (Added by Ord. 1239 adopted 2/18/92; eff. 3/1.9/9') (2/92)
e' � �,'
r ,
ram-20
` 5
.� ? k , {,r i'k Y t +. a 7•x:"r � �iy ,u**el'. . ��t� ' f r� ,r.f' r t 'Z . u ^e.. .Y� 71,,,;A,.,+• + ��."5:-',:':..,',... ! N1 i,r M A . .•_.1;',''' ,',;'-';72
+,�.. . t a...
MEMORANDUM
" • CITY OF TIGARD, OREGON
Y•r
'
TO: Mayor and City Council
FROM: Pat Reilly •
1t DATE: August 27, 1992
` ' SUBJECT: RV Parking
{ Z::
As you may recall, Councilor John Schwartz and Dick Bewersdorff net
r. with Rick Perkins and a local representative of the Good Sam Club
.,{ (national RV owners club) regarding RV's in late June, 1992. �`
:' .ii :- Councilor Schwartz indicated to Mr. Perkins that he would like to
have a workshop with the other Council members about the issues
k= brought up by Mr. Perkins.
1'
?S,'
'l - t;. Staff indicated that we would review the Good Sam Clubs RV Parking
"- Rights Manual and highlight portions for Council's review. Staff
: also checked with other Metro area cities to determine what if any
" f other restrictions exist for RV's. The City Attorney's Office
provided a response to a court case (City of Euclid, Ohio v.
Fitzthum) and its relevance in. Oregon.
Staff received a copy of the RV manual on August gust 18. We have
:4-::1,.a• attached a copy and have highlighted what we believe are the most
;,'•; relevant parts. The City Attorney's opinion is also attached. It
''- :''''-'.:j. .', indicates that Fitzthum is not controlling in the State of Oregon.
t It appears that only two cities regulate RV's. The City of Forest
'xis; Grove regulations are pertinent only to street parking. The City
°'`~' of Beaverton allows parking of RV's in the front yard by special
1 ,r ,A. permit if due to physical characteristics of the lot, building or
1. ,, landscaping, parking in the rear or side cannot be reasonably ,
'' {, provided. Such parking requires, also, that the owner enter into
m a written agreement with the owner of the property on the side
m closest to the RV parking, hard surfacing and no traffic sight
s? obstruction.
RV Manual Summary
'" Various articles provide experience in the actual regulation of
CO
RV's on lots and streets in other cities across the country. They
{ provide examples of various ordinances. Mr. Perkins has indicated
4! that a more reasonable approach might be if some provision were
made to allow parking in the front yard where access to the side or
t rear yard was not practical. Staff has highlighted the following
'�ti , �a .'°' from the RV manual:
1 iy.4 .
y 4
Y _ . n L ?.f r.: .,' ,.:4 ..,-;.‘";+ r 1. < ; y ''f4'4':' q,4. C r' .S '. `.:. '1'4."s ♦ �:;
a a ti {,w�. : ?� - �� ? t
a / 1
4
o the RVer=s viewpoint, pages 7-9 '
o a San Leandro, CA experience which provides for front
yard parking if there is no reascwrable access to side or
yard rear
yard, page 17
''% ' ''''" o 72 hour allowance in Redondo Beach, CA, Page 18 ,,;
' '? i o Boynton Beach, FL allowing parking in driveway and where
enforcement was only on a complaint basis 4
T 0 a `situation in. West Dundee IL similar to Tigard, pages t
28-30
Y{ 4 o Vlarquoketa, Iii, pages 31-32, Bellevue NE, pages 35-36,
i `, - Tenafly, NJ, pages 37-38, Albuquerque, NFL, page 42, and
^
,,: Oklahoma City, OK, page 47 all allow front Yard storage
P
-: if side and rear yards are not accessible
i o Euclid, OH case, page 45 , .
f
if - y±:.
"., , It would be relatively simple to amend the existing Tigard code to
P provide for front yard storage if the rear or side yard was not {
ik' accessible. The other codes listed in the RV manual also provide {
,'' i ^' much more detailed approaches and examples of standards.
-.%44
,
` I' Alternatives
1. leave RV code as is; ,.
k ' a. continue to enforce on complaint basis;
•
{ b. begin more proactive enforcement of RV code
violations;
2. repeal. RV code section;
4 ,f.;
,,' 3. amend code to provide for front yard storage where not
,., practical in front and rear;
a. 4. amend code with more detailed standards such as distance
from structures, limitations on length and height,
i to screening specifications, distance from curb, connection r.
I.:, to utilities, etc. ;
41"
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1;
RECEIVED PLAN KING
j, °,
• .
AUG 18 199
,...:::,,,,..'t=,-- .
. Chapter 1T
`s Negotiating u
�• .v i' Owners of recreational vehicles don't expect non-RVers to share their enthusiasms for
s ;'.I' Rr traveling by camper, trailer, or motorhome. It's the freedom to choose lifestyles that makes this •
i , a truly free country where we have the capacity to pursue our own interests. •
#' However, RV owners do expect the right to use their private property as they wish as long
as it does not affect the health, safety, and welfare of neighbors and fellow citizens.
Unfortunately, there are a lot of non-RVers who do not share this attitude. For the past
(' 'r two decades, these anti-RV forces have become increasingly vocal in their objections to seeing
RVs parked in their neighborhood, either on the street or within the private limits of the RV
is , st, owner's property lines.
Why?Most objections are based on the grounds of aesthetic values,putting forth the premise
• ,.o that RVs reduce property values and are an eyesore. Since objections to RV parking on this
, basis alone was defeated in the now famous Euclid, Ohio, case that was heard by the United
i States Supreme Court (see page 45 in this publication),,the anti-RV forces have reso`o
O fighting RV par�ing rights on a asps ofrthe health, safety, and welfare of the neighborhood.
• .. Initially, they frequently have the backing of local government ofCiciais, but members of
i rF %•
o
the RVing community have on many occasions, been able to counteract this trend. By co-
t • operating with city and community zoning officials, they have worked out compromises that
• satisfy the majority of both RV and non-RV owners.
`, :. a The purpose of this publication is to acquaint those facing anti-RV legislation with the
methods which other RV owners have utilized to gain favorable legislation.
' ', Promptness and'coop ration are key words when approaching the problem. Every RV
owner should be aware of the existing ordinances within his or her own community. Some
have learned, the hard way, that anti-RV parking legislation has existed for many years, even
` ,' ' decades, only to be overlooked until some disgruntled property owner requested action from
{ the local law enforcement agency.
0- ,.; If an RV owner discovers that his community has legislation on the books against RV
parking, one approach might be to let the sleeping giant alone, but this could be dangerous;
.,. once that first citation is issued, a situation evolves that frequently gets out of hand and is
' difficult to fight.
There is another problem. A city council can quietly enact anti-RV parking legislation
i
tj'
without the knowledge'of local RV owners. This has happened on more than one occasion,
3` w and once this legislation is on the books, it is far more difficult to change than if the RV owners
are vocal early in the negotiations.
..'
. °`' Every RV owner should become a committee of one to be aware of zoning changes that
' are being discussed in his city or town.This is admittedly easier in a smaller community where
t such news is published in the local newspaper, but notices of hearings are public information
y',= ;, . and must be published in some manner.
Once it has been established that a community is considering any changes that are going
, ' •,:,,,'
to affect the rights of RV owners, it is time to take action, but in an orderly manner,orYte
7
P e
S Y 3` t �7 tt Y.:' t.a t a•a n it �j.e Y y ,' .. .L;q °:F v u . i,,{ , i ,. t .,
,4.„
The first step is to organize; work through Good Sam chapters to enlist the assistance of ''
the RVers in your area. From that nucleus, select a committee to canvass neighborhoods and
r contact homes where RVs are parked. An inexpensive advertisement in the local newspaper
,,o. announcing an organizational meeting can bring in still more support,and frequently local RV
,; dealers will be willing to lend their support by paying for advertisements or flyers to be delivered
..- to RV owners.
Y
:.- a Other sources of support may come from Rif manufacturers and the clubs they sponsor
as well as other recreation-oriented groups. if the law restricts RVers'rights, it could extend to •
other interest groups such as motorcyclists, boaters or off-road enthusiasts. Finding out how -;:
this law is going to affect multiple use vehicles, such as vans and pickups, also could swing a
lot of residents to your side.
From this gathering, it is essential that a spokesman with a cool head and calm but firm
o
approach be appointed to represent RVers at public hearings and to the press. More than one
should be prepared, with each presenting a different aspect of the problem The rhetoric should
be organized.To have one speaker after another stalk to the microphone and harangue about
the same issue does no good and creates a lot of ill will from non-RV owners as well as elected
a officials. An orderly presentation gains more support and respect.,
t
s Numbers talk.Although you have only a few spokespersons,just having RV owners show .
up and demonstrate their strength in numbers has been a very effective element in past situations. ;7'.
1 It convinces legislators that here are people who are sincere in their requests to exercise their ';
property rights, •
' Again, the gathering should be orderly. It is rare that the anti-RV forces are as organized
or generate as much support as those for RV owners' rights.
Suggest that a committee be formed of all of those involved(RVers,anti-RVers and officials) ,
jaA to work out a solution to be presented at a future public hearing.
ryV
date r" - Be reasonable in your requests. Demanding the unlimited right to park an RV anywhere
' ' on your property without regard for others is not going to meet with any sympathy. Study `'
'� ordinances that have been successful in other communities, and use them as guidelines in et t establishing one that suits your community.
4 f`• , If opposing forces object to RVs parked in front yards, suggest that they be parked on A.
• 1• ' paved or graveled surfaces specifically designed for that purpose.if they object to an RV blocking °'
the view of neighbors, establish a reasonable setback.
t q Show that you are good citizens, concerned about your community just as they are, but
'at_ ,. also concerned about your personal property.
'' A survey of the RV storage spaces in your community might be in order. When compared '.3
' - with the number of RVs involved, it very well could demonstrate that there are not sufficient
. : spaces to accommodate all of the RVs in question.
Maintaining a good image in your community is most important. Keeping your RV and �'
' fr. the area surrounding it neat and tidy will help you in your argument to keep it on your property.
.." °-' °' An RV that obviously is neglected and has weeds growing up around the wheels and leaves
t�
a piled around it is bound to draw more criticism than one that is properly parked and maintained.
a au :° If it is necessary to enlist the aid of an attorney,be sure to have hicn send for Good Sam's
legal brief to assist him in preparing his case in your behalf.That, and this manual, could save
•
him hours of research and save your committee needed funds.
Don't be timid about asking questions, why did the question of RV parking surface? And '
from what source? How many residents are really against RV parking? Is it only a disgruntled
few or is there a trend in this direction involving a majority of the residents? Frequently just
4 ;a one or two families can stir up a real storm.
r. If the situation cannot be resolved through the usual procedures of public hearings and a
, +a vote of the local governing board,then take your issue to the voters in the form of a referendum
i ' ' If the voters turn thumbs down, then at least the answer is definitive and not deckled by
, y;-
"4
p `:
i
a handful of anti-RV property owners.
Just remember that it is not a hopeless situation, you are not alone in your efforts. Not
all communities succeed in their eforts to obtain favorable legislation, but many are finding
° that elected officials and ,Midges are swayed in the direction of.the wholesome life-style and'
family.togetherness that.RVing represents.
Every time'RVers present a reasonable argument and win,it is bound to influence another
community somewhere in this'country. That is one of the purposes of this document; to aid
others by providing information of organized-efforts that have yielded successful results.
,
�4un t give up without turning over every stone.As the 1l�'ing community grows ira numbers
area strength, so do your chances to obtain pro-RV onlinances.
' we`sincerely hope that the inf+ormation provided to you by.' . Enterprises. Inc will be
beneficial to you and all of the RV owners,of your community
•
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L CAUFFORNIA, San Leandro
{ In 1979, it looked like the RV owners of San Leandro, California,were in for a hard time.
d'}
proposal before the city council went beyond street
parking restrictions, which would have
t' : }
prohibited parking of all oversized vehicles between the hours of 2 and 6 a.m. The proposal
also extended to off-street parking,arid would have prohibited parking within the 20-foot front
yard setback area of residences.
� This ordinance would have encompassed vehicles excess of 20 feet in length. 7 feet in
,:r,` ' height,and 7 feet in width.The ordinance was drafted in response to complaints about problems
of visibility due to oversized vehicles on streets and in driveways. Station wagons, vans, and
i ` pickups with shells were to be exempted from the restrictions.
Council members agree that,shotflid the ordinance be passed,it would not apply to shorl-
term parking situations; complaints were to be issued only after a vehicle had been parked in
t., one location for a sufficient time to be considered "long-term.
Good Samers in San Leandro went into action. First they learned that there were not
-,..-.1".' sufficient storage lots nearby to accommodate all of the RVs that would be in violation of the •
ordinance. They proposed ey gathered their forces and voiced their complaints to the city council
i Members of the council listened, and the resulting revised ordinance is more favorable to
- most RV owners than the one originally proposed. It specifies that RVers unable to park their
a vehicles behind the 20-foot setback, and who have no reasonable access to either the rear or
side yard, may park their vehicles in their driveways, provided they do not extend over the
h public sidewalk.
• { As for street parking, non-motorized vehicles are not allowed to be parked between the
hours of 2 and 6 a.m.
San Leandro,California
,%;1.,. TITLE Vi VE nCLES
Chapter 1 Traffic Control
A variance granted pursuant to these provisions shall remain valid only so long as the
necessary facts established in order to obtain the variance continue to exist.
(b) Off-Street Parking Of Vehicles Of Certain Size; Residential. r
d' (i) No motor vehicle exceeding the following two (2) dimensions: twenty (20)
feet in length and seven (7) feet in height shall be parked or left standing
' within twenty(20) feet of the front yard or street side yard (on a corner lot)
i� side of the sidewalk; provided, however,that such motor vehicles may be so
, parked or left standing onv the driveway portion thereof,it space is not
ILI available upon the driveway of the vehicles to be parked beyond said twenty
(20) feet,or if space is not available in the rear yard or side yard.or there is
e no reasonable access to either the rear yard or side yard;a corner lot is
presumed to have reasonable access to the rear yard.
i. (2) Not withstanding paragraph (b)(1) of this section, no part of any motor
. vehicle may extend over the public sidewalk.
,` (c) Non-Motorized Vehi ht�,.
' No vehicle other thai a motor vehicle as defined by California Vehicle Code
r '� §415 shall be parked or left standing upon any street between the hours of 2:00
i , a.rn.and 6:00 a.m.
is 17 ,
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• , : CALIFORNIA, Redondo Beach
t .Another example of how one person can make a difference comes from Redondo Beach,
California.
It was in 1980 that Good Sarver Dr. Win Buckner almost single-handedly defeated the
3
Redondo Beach City Council's proposed anti-RV parking ordinance.
` Buckner protested the proposed legislation in person at a City Council meeting, utilizing
information from the Legislative Kit to support his argument. He succeeded in getting the
. 31 councilmen to postpone their decision on the ordinance for one week.
` It was a busy week for Buckner. He wrote and had printed 500 flyers which he and his
z.
;; wife distributed on every parked RV they found, driving nearly 1 00 miles on city streets and
through parking lots.
• ' , When the council met the following week, Buckner was pleased to see City Hall packed
t: , ; and overflowing. Fifty of those attending the meeting were, like Buckner, prepared to deliver
+ = speeches in protest of the anti-RV parking legislation.
After only six of these speeches, the city councilman who had introduced the legislation
• " announced that he would withdraw his motion. Without the alertness of Buckner, and the
support of those he contacted,the legislation probably would have been passed and signed into
' law before the RV owners of that coamnunity were aware of the restrictions being imposed on
• . ahem.
Once again, it stressed the importance of knowing what is going on in the community.
;; The proposed legislation would have allowed motorhoines to park in the front yard area
on approved driveways which lead directly to a garage. Non-motorized RVs could be parked
p
on driveways,side yards,and back yards if they were behind the front line of the main structure
on the property.
,, 0. Redondo Beach,California
' • I. Regulations for parking and/or storage for each lot or parcel in all residential land
CO '. user districts as designated by Section 10-2.1406 of Article 2 of this chapter:.
"{Y (I) Storage and/or parking, for more than seventy-two (72) consecutive hours,of
®s boats,house trailers,camp trailers,detached camper-trailer tops,dismantled vehicles,and other
' rn trailers in the front yard area ("front yard area"defined herein for the purpose of this section as
• W ;
the area measured from the front property line to a line parallel with the face of the front wall •
a, of the main building located the greatest distant°from the front property line and extending the
full width of the lot or parcel) shall not be permitted. In addition to the above regulation,
storage in the front yard area for more than seventy-two.(72) consecutive hours of any materials
(lumber, metals, plastics,etc.), fixtures, appliances, machines,trash, waste, or other materials
�„ which are not customarily considered as a decorative landscaping feature is hereby prohibited.
r Y, . (2) On the street side of corner or reversed corner lots,storage and/or parking for
'+ y' more than seventy-two (72) consecutive hours of boats, trailers,or similar items,in the side or
4:•::•..,.# rear yard area shall be shielded by a decorative wall or fence six (6') feet high to minimize any
'';,4::'''.;; undesirable appearance from the street and surrounding property: except on the street side of
" ''' reversed corner lots no storage shall be permitted closer to the street than the required setback of
�. d . the adjacent interior lot
,� >',/ (3) Storage for more than seventy-two(72) consecutive hours of any commercial or
L ' ,
.2, , �, construction equipment or materials. of storage and/or parking for mote than seventy-two (72) ,,
1.L•:
v y ';
a.
'1,.:
1
FLO " :i:r... Boynton Beach
Good Samers in Boynton Beach,Florida,won a decisive victory and one of the most liberal
.A RV parking ordinances on the books. y`
. '' Prior to 1978, the existing anti-RV ordinance prohibiting the parking of RVs on residential
property (except in a garage) was enforced only on complaint.This led to one RVer in the
H< r` community claiming that the practice of enforcing only i response to complaints was-discrim-
' inatoryo he had been cited several times while others in the city continued to park their RVs
,;' on their property without penalty since no complaints had been filed against them. ,'r
�. This lone RV owner's allegation led to a wholesale enforcement of the ordinance, and a
-,- , loud cry of protest from RV owners who requested a new ordinance. �'
r The new ordinance went far beyond most in allowing not one but two RVs to be parked '
on a single residential lot provided that only one is parked or stored in the area between the 9`
right-of-way and the structure on a hard surfaced a;cea. A second one may be parked or stored e.
.: . . in a carport, on a driveway (behind the front line of the structure) or in a rear yard.
The ordinance goes a step further in allowing additional RVs stored in an enclosed structure.
Chapter 20
h'-`.e...;el'
, RECREATIONAL VEHICLES,BOATS AND ,
BOAT TRAILERS ..
•
• Sec 20-1. Purpose.The purpose of this chapter is to regulate the parking and storage
, of recreational vehicles and boats or boat trailers.These regulations are inmr nded for and in the
!° best interest of the citizens of the city to provide easy access to recreational vehicles while
�` promoting the health,safety and welfare of all the citizens of the city. (Ord. No 78-2. § 1.2-7- A
.' 78) j;.
r.
See. 20-2. Scope.This chapter is intended to be applicable in all residentially zoned
areas within the city liimits. (Ord.No 78-2.§ 2,2-7-78) a.
t ,�,, • Sec. 20-3. Definition,;As used in this chapter; "recreation vehicle" means any travel
` trailer, motor home,slide-in camper,or other unit built or mounted on a chassis, excluding
vans,designed without a permanent foundation,which is used for temporary dwelling or
sleeping purposes and which may be legally driven or towed on a highway,and which body
r • length does not exceed thirty-five(35) feet and total body width does not exceed eight(8) feet,
ca or any boat or boat trailer, and all other sport type recreational vehicles and the trailers used to
store or transport all such recreational vehicles.(Ord. No 78-2,§ 3.2-7-78)
®+
Sec.20-4.More shin cot ulations to a 1 .This chapter is primarily for the purpose
of protecting rest ential zoning.Therefore,any o inances of this dty or laws of this state
4,p; CD providing for the regulation of recreation vehicles,boats or boat trailers or motor vehicles are in
5,: .,,t addition to this chapter and wherever any provision of some other ordinance or applicable
ea
statute, whether primarily for the regulation of recreation vehicles,boats or boat trailers or ''
` motor vehicles or for purposes of zoning,imposes more stringent requirements or limitations
then are imposed or required by the provisions of this chapter than the more stringent
requirements or limitations shall apply. (Ord.No.78-2, §7,2-7-78)
y o
rr{ • Sec.20-5.Effect on r6vate lirriitauons on land use.'Plus chapter shall not be coca-
r 4 a,, shoed to limit any deed restrictions condominium regulations or similar private limitation more
restrictive than the regulations contained herein.Further this provision shall riot be construed as
`" creating an obligation on the city to enforce private limitations on land use. (Ord.No 78-2,§7, i
a a t
, 2-7-78)
�' ,`7
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gh
Sec. 20-6.Cori to parking on private property.Pa. rkin storing of recreation
le 'eta vehicies,boats or boat trailers era private property may be permuted under the following
conditions.
` L
t (a) That the recreation vehicle:boat or boat trader may be parked or stored in a
carport.
(bp That the recreation vehicle, boat or boat trailer may be parked or stored on a.
driveway..
"x _ (c) That the re^. .airnn vehicle,boat or boat trader may be stored in dtte tear yard,not
• closer than rive,(S).feet of the rear lot line or in the side yard not projecting
beyond the front roof line. '
(d) That the recreation vehicle.boat or boat trailer must be owned or used by a
_ • • resident of the premises.
(e) That the recreation vehicle,boat or boat trailer must be currently registered and
ticertsed as required by state and federal law.
(f) That no recreation vehicle,boat or boat trailer may be parked between the right-
of-way and the structure unless on a driveway or other hard surfaced area such
as asphalt,paving stones,sheflirock or concrete,
(g) That the total number of vehicles(other than passenger vehicles) sc..{rarked or
stored shall be limited to two•(2),not including those kept in a garage.Only one
reeereation vehicle may be parked or stored between the sight-ref tvay and the
7j structure.
(h) That the recreation vehicle,boat or boat trailer shall be parked or stored entirely
on the owner's property in a safe and orderly irate:ner and that vehicles parked or' -
stored on a driveway shall not be a:haaa_ to
. y pieiap„e entering the diiveway or to
persons passing on the sidewalk.:
`F (i) That the recreation vehicle,boat or boat trailer is not in the process of being
constructed,reconstructed or undergoing major repairs that have taken More than '
{ = seven(7) consecutive days to complete. (Ord No 78-2,§.4.2-7-78s Ord.No
80-23, § 1.6-3-80)
Sec. 20-7.Time tunic for parking on right-of-way. No recreation vehicle,boat or boat
trailer shall be parked or stored on any public right-of-way for a period exceeding one hour.
, , (Ord.No 78-2,§ S,2-7-78)
Ser.20-8. Occat vin on private pro . (a)Generally. It shall be unlawful to occupy
any recreation vehicle w Ile said vehicle is parked or stored on private property unless such use
l
is specifically permitted in the applicable zoning district.
A (b) Constauaian traders shall be permitted as outlined in Section 4(H) of Appendix;A of
this Code.
(c) Mobile homes as defined in Section I,General Definitions,of Appendix A of this
Codeshall be permitted in applicable zoned districts. (Ord. No 78-2,§6.2-7-78)
3i • _ R. •
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j: ILLINOIS West Dundee
,
Good Saner Ed Kolbaba of West Dundee,idlinois,did a lot of walking and door-knocking,
i
_ but it paid off with favorable RV parking legislation in that community.
'en' d„ Ed was fortunate in having a village planner who was cooperative. Re worked with Ed
.,';e4 .n t g.
: in� � .utelizlnforlt>atlon from the Legislative Kit to draft an ordinance to replace an existing one ;..
' ' that was anti-RV.Village board members were presented with an ordinance that MI6 a composite
prepared from ideas utilized in other communities. .
kY The problems in West Dundee surfaced during the summer of 1984 when several RV and
4 boat owners,who had parked their vehicles in their driveways,received notices from the police
that they were violating a village ordinance.They were given 25 days to move their vehicles
' Realizing they had a problem to be resolved,board members gave the RV and boat owners
f'` a sic-weeks grace period while tine board attempted to work out the problem.
■ , At that time, the West Dundee zoning:code prohibited parking any boat or RV, including
I
,,. ', . "; ! motorized units, in a residential area if that vehicle was more t i.0 feet high, 17 feet long,
" '' ! eight feet wide and was within a front yard,side
k, ,b,. gh y yard,or front drea�eworay. Vehicles also had to
be more than six feet l ,
from any building and three feet from any property line.
Mj
After receiving several complaints, the police cra ked down and started issuing citations.
�- To complicate the situation, there were no RV storage facilities in West Dundee.
ti ,: : The new rules presented to the village board were passed by a unanimous vote, and are
` favorable to RV and boat owners. The new length limit for vehicles in side and rear yards is
30 feet, and small RVs (but not boats) can be stored in driveways.
To add to the flexibility, the new ordinance also allows.RVs to be left in a front driveway
A' for up to 4 hours in any 15-day period for loading and unloading,maintenance,and visitors;
however, nobody is allowed to live in the vehicle. •
AN ORDINANCE AMENDING CHAPTER XII ZONING.ARTICLE II GENERAL ZONING DID
3RICT REGULATIONS.SECTION 210 OUTDOOR STORAGE OF TRAILERS AND BOATS OF
•
THE MUNICIPAL CODE OF THE VILLAGE OF WEST DUNDEE, IL OF 1973,AS AMENDED
ADOPTED BY THE a
,
CO VILLAGE BOARD
L OF THE
5 VILLAGE OF WEST DUNDEE,ILLINOIS .
THIS 5TH DAY OF DECEMBER 1983
4 MIN
6. PUBLISHED EN PAMPHLET FORM BY AUTHORITY OF THE VILLAGE BOARD OF THE MIL
mti;
LAGS OF WEST DUNDEE,KANE COUNTY,ILLINOIS,THIS 6TH DAY OF DECEMBER. 1983
> ORDINANCE 83-13
AN ORDINANCE AMENDING CHAPTER XII ZONING, ,`
?i ARTICLE II GENERAL ZONING DISTRICT REGULATIONS, A'
SECTION 210 OUTDOOR'STORAGE OF TRAILERS AND
a ,
BOATS,OF TIM MUNICIPAL CODE OF THE VILLAGE OF
WEST DUNDEE,ILLINOIS OF 1973,AS AMENDED
, },Viµ; Be• oalarmed by the President and Board ofT�stees of the Village of West Dundee,Kane.
� u
� '�r;`=� County,Illinois
.1+. #'4-p y` , '" ' Section 1 ,•hat Chapter XII Zoning.Article II General Zoniaig District Regu lations,
J I. ,.^? _ 'r `esi 7 .-, Section-210 tau daor'Storage of TIrailees and'Boats.of the municipal Code of the village o1`West
k".,„,;:.�' v .
Dundee, Illinois of 1973 and the same hereby is amended,by tepeeg said section in its
entirety.The amended chapter shall be designated as Chapter XII Zoning,Article 1I General'
Zoning District Regulations,Section 210 Outdoor Storage of Recreational Vehicles, Boats,and `
'
Trailers, the same now to read as follows:
'' CHAPTER XII Zoning ',
ARTICLE U General Zoning District Regulations
SECTION 12-210 Outdoor Storage of Recreational Vehicles,Boats,and Trailers
A. Definitions
' 1. Boat Means any device used or capable of being used for navigation on water.
2. Trailer:Shall include every vehicle designed or utilized for the transportation of
any boat,auto,snowmobile,and the like,which does not have motive power,but
" ` is designed to be drawn by another vehicle.
3. Recreation Vehide: Is a vehicular,portable structure built on a chassis,designee!to
—no tot be used as a temporary dwelling for travel,recreational and vacation uses and/or
vehicles with"RV"license plates.A recreation vehicle shall include but not be e.
limited to the following: travel trailer pick-up camper, motorized home,camping
I.
trailer
. 4. Owner Means a person other than a lien holder having a property interest in or
•
t ? title to a boat.trader or recreation vehicle.The term includes a person entitled to
d the use or possession of a boat,trailer,or recreation vehicle,subject to an interest
in another person,reserved or created by agreement and securing payment or
{ ;' performance of an obligation. J.
B. General Conditions =.
z 1. Dwelling Use: No boat,trailer or recreation vehicle shall be used as a dwelling, ,
•
storage or an accessory building.
2. Construction Use A recreation vehicle may be used as a temporary office or t
storage space incidental to construction of a building/development for the period of
time such construction is actively undertaken,provided such vehicle is located on
t' the same or contiguous lot as the building/development under construction.
it 3. Flammable liquids:The owner of a boat,trailer or recreation vehicle shall not
park,let stand,or store such vehicle leaving flammable liquids aboard other than
n.:-,'. in Illinois Department of Transportation or United States Department of Transpor-
t tation approved containers. I"
'''..'•' 4. Dangerous or Unsafe Storage:The owner of a boat,trailer,or recreation vehicle
o, shall not park,let stand,or store such vehicle in such a manner as to create a
• f dangerous or unsafe condition on the property where parked, permitted to stand, {,•
. . or stored. Parking,standing or storing the boat,trailer,or recreation vehicle in such
fashion that such vehicle may tip or roll shall be considered a dangerous and'
unsafe condition. •
• 5. Street Parking:No boat,trailer,or recreation vehicle shall be permitted to park on
• any Village street or parking lot between the hours of 2 a.m.and 6 a.m.At no
UM ' • time shall a trailer be left upon a Village street or parking lot unattached to a .
It. motorized vehicle.
L 6. Proof of Ownership;A legal or beneficial owner of,or lessee of the property shall
have,and display upon request to authorized Village officials,proof of ownership
of a parked,standing,or stored boat, trailer,or recreation vehicle. .
7. License Required: All boats,trailers, or recreation vehicles shall display current
, State license plates or other registration certificates.
8. Dumping: Boats or recreation vehicles shall dump sewage only into approved
< sanitary facilities. ,1.
C. Residential District Regulations
1 A boat,trailer, or recreation vehicle may be parked,permitted to stand or stored out of
.. doors in any residential district subject to the following conditions and restrictions:
3 z 1. General Conditions
• . ; a. Mobile Condition:A parked,standing or stored trailer or recreation vehicle
} t: 4 shall be maintained in mobile condition. '
• nntat 29 .'
4
i ' r
y l is
T' ba T racy Loading/Parkuj Boats.trailers.and recreation vehicles shall be ,,
pe milted to temporarily parked in the front driveway of any residence for i
• ti to to 4t3 hour: 1 in any 15 day period to accommodate loading/unloading
operations,,out-of-town guests,and minor repair/maintenance work. #;i;:
A c Indoor Seorag A boat. trailer or recreation vehicle may be stored indoors
I prove r t a_t the residence maintains two off-street parking spaces as required. i ,:
2. Number of Vehicles:No more than I boat/trailer combination and I recreation
• vehicle may be stored on any one residential lot. Kayaks,canoes,and rowboats
shall not be considered a boat for purposes of this subsection. .
3 Bulk and Location Restrictions—Side and Rear Yard:No boat,trailer,or recreation
' vehicle stored in a residential district shall exceed the following dimensions and
1 locations: ;
' r
t a. Relight: II feet excluding antennae:
• b. Lerai 30 feet,excluding hitch,tongue.and other appendages.
e.
l 1 c. Width:8 feet excluding attached hardware. `•
d. Rear Yard:closer than 3 feet from the rear property line.
la,' . e. Side Yard closer than 3 feet from the side property line.
4. Bulk and Location Restrictions--Front Yard: No boat.trailer,travel trailer,or
camping trailer shall-be allowed within any front yard except as otherwise
• •'Y provided in Section CIb Temporary Loading/Parking. No motorized recreational"' vehicle shall be stored in a front yard except on a driveway which meets adopted a a4
driveway standards and shall not exceed the following dimensions and location: ''
4f .
a. Height:7 feet excluding antennae. • •
b. Length: 20 feet ra
s`'` tw c Width:8 feet *.
y .4 d. Set Back: 15 feet from the public right of way
Yt
t_' Section 2:That any and all ordinances, resolutions,and orders,or parts thereof.in
‘, conflict with the provisions of this Ordinance,are to the extent of such conflict repealed.
Section 3:That if any section, subdivision,sentence or phrase of this Ordinance is for
t' .,� any reason held to be void,invalid,or unconstitutional,such decision shall not effect the validity
=1,y ; of the remaining portions of this Ordinance.
• . Section 4:That this Ordinance shall be in full force and effect from and after its
z passage and approval as provided by law,and after publication in pamphlet form pursuant to ,,j
the authority of the President and Board of Trustees. .
a Passed by the Board of Trustees of the Village of West Dundee,Kane County.Illinois, , '
and approved by President of said Village this 5th day of December. 1983. s
®, :; • AYES: 6
E NAYES: 0
6�`ra ABSENT: 0
i be
Thomas R. Warner s
—t Village President,Village of
` CIA West Dundee,Kane County, IL
an
.fir ATTEST: _
a Margaret Jefferson
Village Clerk
by ,{
; Barbara Raines
Deputy Clerk
{7i - z ;,
a, -. ,r•.aid ' - "atwate
ryti'
;: l'
t_
IOWA® Maquoketa
4 L::
In 1981,Good Samos in Maquoketa.Iowa,requested a Legislative Kit in order to prepare
a pro-RV parking presentation to the city council. Details of their actual activities are not
available,but the current ordinance regulating RV parking in that community has been written
for the convenience of RV owners. It provides for front driveway and/or front yard parking
4' y A when space is not available in the side yard and there is no reasonable access to the side or
rear yard.
It is interesting to note that this particular ordinance addresses the issue of LP-gas containers, r
. requiring that they meet certain standards and that valves be dosed unless the vehicle is being �'
readied for immediate use
t'.1.f
_ The ordinance also allows sleeping in the vehicle for a period not exceeding 72 consecutive
6' hours to provide for non-paying guests. -
5-1C-6:DEFIMTIONS OF RECREATIONAL VEHICLE
.;:..; AND VESSEL 15.
As used in this ordinance,camping and recreation vehicles and ^,
, equipment is defined as and shall include the following:
Recreational Vehicle: A general term for a vehicular unit not exceeding thirty-six (36) feet in
!; ]M overall length,eight (8) feet in width,or twelve (12) feet in overall height, which applies to the ;,.-
t` , following specific vehicle types:
,.
1. Camper Trailer—A folding or collapsible vehicular structure, without its own power
designed as a temporary living quarters for travel,camping, recreation,and vacation uses;
1 and be licensed and registered for highway use. .,
# a ,r
2. Travel Trailer A rigid structure, without us own motive power,designed as a temporary '
:k.:4 ;j, dwelling for travel, camping, recreation,and vacation use be licensed and registered for 'i
•e highway use and which when equipped for the road,has a body width of not more than ;
ke
}<;'e�: eight(8) feet. ;
" `/` 3. Truck Camper A portable structure, without its own motive power designed to be
r; . ,..;�; transported on a power vehicle as a temporary dwelling for travel,camping,recreation,and
vacation use; and which in combination with the carrying vehicle;be licensed and
en • registered for highway use. • ,
:> .4. Motor Home -A vehicular unit built on or as a part of a self-propelled motor vehicle
chassis, primarily designed to provide temporary living quarters for travel,camping, .,-.e.
recreation, and vacation use; and to be licensed and registered for highway use.
...t 5. Boat Trailer--A vehicular structure without its own motive power,designed to transport a let,
te recreational vessel for recreation and vacation use and which is licensed and registered for
0 highway use. ,I.
,.t 6. Horse Trailer—A vehicular structure without its own motive power designed primarily for
the transportation of horses and which, in combination with the towing vehicle,is licensed
• and registered for highway use. -.
7. Utility Trailer—A vehicular structure without its own motive power designed and or used '
for the transportation of all manner of motor vehicles,goods,or materials and licensed and ee:
4 registered for highway use
j` { Recreational Vessel: A general term applying to all manner of watercraft,other than a seaplane
',' on water whether impelled by wind,oars, or mechanical devices,and which is designed
=
primarily for recreation or vacation use.A recreation vessel,when mounted upon a boat trailer,
: p y 31 t ,. j,.
..,......•.:, :•n. . ....i.e.,-;:?,.„,
.c ;: 't ,: a - ' • 't:w' - '{ '.^..:i:'''~; e �; s 'r S..:. a {- ,' �} t1;•t �':c. . 1? r. . t t u 'i . {t.
y its ts Sowing;v when parked.shall be considered one unit,exclusive of its towing
vehicle. ,,,
5-1C:7:IEGUl.ATIONS GOVEIRNIIIG RECREA'I'I 0111AL VEHICLES'
AND VESSELS:
', _ Any oar,lessee,or bailee of a recreational vehicle may park
one such vehicle or one such vessel on a single lot in a
L residential district,subject to the following;
r 1.• Such mcreaelonal vehicle or vessel shall be maintained in a dean,well kept state so as not
to detract hoar the appearance of the surrounding area•
2. If such recreational vehicle or vessel is i with liquified •
• -r equipped containers,such contain-
ers shall meet the standards of either the Interstate •
Commerce Commission or the Federal ,
Department of lraaisportauon or the American Society of Mechanical Engineers,.as such
standards exist on the date of passage hereof. Further,the valves of such liquified petroleum ,r
;` gas containers must be closed when the vehicle or vessel is not being readied for immediate ,
use,and in the event that leakage is detected from such liquified petroleum gas containers.`
` immediate corrective action must be taken. ,
.1 At no time shall such parked recreational vehicle or vessel be occupied or used for living.
, - ;' sleeping..or housekeeping purposes except as provided'in sub-paragraph(4)of this Section.
{ :4 It shall be lawful for only non-paying guests at a residence in a residential district to occupy
, one recreational vehicle or vessel,parked subject to the provisions of this ordinance,for,
sleeping purposes only for a period not exceeding seventy-two (72)consecutive hours.The ` ,
total number of days during which a recreational vehicle or vessel may be occupied under
• ., this sub-section shall not exceed fourteen(14) in any calendar Year.
4.•
t lee,`. 5. Such recreational vehicle or vessel may be parked in the following manner: Y
(a) Inside any enclosed structure which structure ottaerwise conforms to the zoning re-
i quirement of the particular district where,located.
y ; (b) Outside in the side yard or in the rear yard,and shall not be nearer than two feet(2') .`
to any side or rear lot fine.
•
t4 i (c) Parking of recreational vehicles or vessels is permitted in front driveway or an area ad- ,
a jacent to the driveway provided:
y 1, !1'
(1) Space is not available in the side yard,or there is no reasonable access to either, '
die side or rear yard.A lot shall be deemed to have reasonable access to the rear
. ,,e, yard if terrain permits and an access can be had without substantial damage to _?..
"} existing large trees or landscaping.A corner lot shall normally be deemed to hay
reasonable access to the rear yard.
(2) Inside parking is not possible.
(3) The recreational vehicle or vessel may not extend over the public sidewalk or
a z Y, -< publicly owned right-of-way. irk;.
' (d) The City Manager or Police Chief may issue a permit for parking on any City street or P
{ `e •{, alley for a period not to exceed seventy-two (72) hours..
(e) The City Manager or Chief of Police may issue a permit for parking more than one ` }
at i
recreational vehicle or more than one recreational vessel on a single lot in a residential :' •
district. 'et
(f) The owner of a*recreational vehicle or recreational vessel parked on a single lot in a 1
residential district shall also be the owner or the..reenter of such residential let: •
ill - • ,
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B K , Bellevue
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j
A few months after the establishment of a favorable RV parking ordinance e in Albuquerque, r''
New Mexico (see page 41), Good gamer Victor Clarence of Bellevue, Nebraska, served on a ,
similar committee with the same favorable results.
q Using the Albuquerque ordinance as a guideline, the Bellevue committee tailored it to suit
the needs of their own community.
` ORDINANCE NO 1115
', AN ORDINANCE RELATING TO PARKING AND STORAGE OF`
t
RECREATIONAL VEHICLES,TRAILERS AND BOATS:
DEFINING TERMS:PERMITTING PARKING AND USAGE
THEREOF: REPEALING SECTIONS 2240,2241,2437,2438, ;-.
24371,24381,2537,2538,2637,AND 2638 OF ORDINANCE :'
No.770,TIM ZONING ORDINANCE OF THE CITY OF
".., BELLEVUE;TO PROVIDE AN EFFECTIVE DATE. •
-`i. Be it ordained by the Mayor and Council of the City of Bellevue,Nebraska:
....L• .', Section 1. For the purpose of this ordinance,the following definitions are hereby
adopted:
RECREATIONAL VEHICLE means a vehicular unit not exceeding 40 feet in overall x
,7"T length,8 feet in width,or 12 feet in overall height, primarily designated as a temporary living
quarters for recreational,camping or travel use it either has its own motive power or is
eninen
designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes n`"
• ;'; motor home, truck camper, travel trailer,and camping trailer A vehicle meeting the above
tK t definition except for size is not deemed incidental to a dwelling unit.
TRAILER means a vehicle without motive power,designed so that it can be drawn by
motor vehicle, to be used for the carrying of persons or as a human habitation. However,a
-' structure which meets the requirements of the Building Code of the City of Bellevue in all ways,
including foundation, is not a trailer,whether or not it was once a vehicle.
y 47'..-
• iN BOAT means a vehicle for traveling in or on water,not exceeding 40 feet in body r
n length, 8 feet in width,or 12 feet in overall height. Height includes the trailer, if the boat is r'
i4z r" mounted on a trailer. A vehicle meeting the above definition except for size is not deemed
incidental to a dwelling unit.
' YARD,FRONT,means that part of a lot between the front for line and the fiont(s) of
_ the principal building on the lot,arid)extended to both side lot lines.
2 YARD, REAR, means that part of a lot between the rear lot line and the back(s) of the '
. principal building on the lot, and extended to both side lot lines. ,•,
t YARD, SIDE, means that part of a lot not surrounded by building and not in the front
{ or rear yard.
a,
fa ' Section 2. In all residential zones provided for in the Bellevue Zoning Code, it is
0 permissible to park a recreational vehicle, trailer,or boat and boat trailer in the following
.3 manner:
a. Parking is permitted inside any enclosed structure, which structure otherwise a r
conforms to the zoning requirements of the particular zone,where located;
b. Parking is permitted outside in the side yard or rear yard provided it is not nearer
k than 2 feet to the lot line: t
' '`', c Parking is permitted outside on a concrete driveway,provided; ..
35
.,.. .. tY ..• � a i �12 tar(;a ,y1•,'1 rt a ,._�r.. :. j. -«. t � .� �t j { ,�<., `;, .F "'_'^,.0, eta.. f 3 a,li
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•
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1. Space is not available'in the rear yard or side yard,or there is no reasonable
y Y access to either the side yard or rear yard:a corner lot is always deemed to
• have reasonable access to the rear yard:a fence i
i is not necessarily deemed to
prevent reasonable access:
a` : 2. inside parking is not possible:
ti 3. The unit is parked perpendicular tar the front curb-
3.
n d. The body of the recreational vehicle or boat must be at least 13 feet from the face .
t.
of any curb:
e. No part of the unit may extend thoroughfare
(right-of-way).
, f. Parking is permitted only for storage purposes,and any recreational vehicle or
trailer shall not be
1. Used for dwelling purposes,except for overnight sleeping for a anaxunurn of 14
p•;: °, days in any one calendar year Cooking is not permitted at any time..
1 Permanently connected to sever lines,water lines,or electricity.The .
recreational vehicle may be connected to el city ipcirarily for charging
batteries and other purposes.
•
3. Used for storage of goods;materials,or equipment other than those items
• considered to be part of the unit or essential for its immediate use
g.; Notwithstanding the provisions of Subsections(3)above«a unit may be parked
anywhere on the premises during active loading or unloading;and the use of
electricity^or propane fuel Is permitted when necessary to prepare a r ational
•
vehicle for use. r
h. The unit shall be owned by the resident on whose property.the unit is parked for
storage.
Section 3, Sections 2240,2241,2437,2438,24371,24381,2537,2538.2637,and
-�, !:,:• 2638 of Ordinance No 770 are hereby repealed:
Section 4.This Ordinance shall take effect from and after its passage and approval
according to law.
Passed and approved this 10th day of June, 1974.
• Signed/Robert M. Haworth
Mayor :y
' d !ATTEST:
Signed/Mary Stauklett
City Clerk
• First reading: May 13. 1974 •
a. Second reading: May 27, 1974
• Third reading:June 10, 1974
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X S , Tenafly :::,-:
4•.
When RV owners in the community of Tenafly, New Jersey, launched their legal battle,
RVs were "not allowed at all,`, according to Good Samers Frank and Olive Enos.
This case dates back to 1979 when a lawyer representing the RV owners utilized information
from Good Sam's Legislative Kit to convince legislators to vote in behalf of the RV owners.
a
.- The results, which went into effect in May 1979, permit side yard RV parking when it is
determined that "the recreation vehicle cannot reasonably be parked in the rear yard . due
to the size of the lot and the location of permanent structure"or if it would require"substantial
removal of existing landscaping.,"
RVers in Tenafly agree that it is an ordinance "that they can live with,"
t
" ; PUBLIC NOTICE
'e BOROUGH OF TENAFLY t
ORDINANCE NO 1166 h
AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED: t
°'TIT.E ZONING ORDINANCE OF THE BOROUGH OF
Se TENAFLY" KNOWN ORIGINALLY AS ORDINANCE 838 AS j
al,, AMENDED AND SUPPLEMENTED AND AS RE-ENACTED BY
a. ORDINANCE 1158 ADOPTER JANUARY 23, 1979.
3 ' BE iT ORDAINED by the Mayor and Council of the Borough of Tenafly in the County
1 ? of Bergen and State of New Jersey that the basic zoning ordinance of the Borough of Tenafly be _'
and the same shall be amended and supplemented concerning the subject of recreational
vehicles, said amendments and supplements to be as follows;
Section I.Article VII, "Definitions",Section 700 shall be supplemented by the
'•. insertion in alphabetical order of the following definitions:
• '. RECREATION VEHICLE - A transportation structure,self-propelled or capable of being
' `:'towed by a passenger car, station wagon or small pick-up truck,of such size and weight as not
al a:a., to require any special highway movement permits,and primarily designed or constructed to
"k provide temporary, movable, living quarters for recreational, camping or travel use,or to carry
such equipment but not for profit nor commercial use nor shall it be a mobile home. It shall
include but not be limited to the following defined recreational vehicles:
, • CAMPER-A separate vehicle designed for human habitation and which can be
GO
attached or detached from a light truck with the truck having either single or double rear wheel
and with or without an assisting tag axle and wheels mounted either on the camper chassis or
the truck chassis behind the truck's rear wheels. When removed from the truck,campers are hi�4
..t called unmounted campers.These campers are sometimes called truck campers. z
<< CAMPING TRAILER -A type of trailer or trailer:roach, the walls of which are so
constructed as to be collapsible and made out of either canvas or similar cloth,or some form of
rigid material such as fiberglass or plastic or metal.The walls are collapsed while the recreational .`:,
4.
vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary .,
,,,...:.
i; living quarters and is not being moved. .
MOTOR HOME - A structure constructed integrally with a truck or motor van chassis
designed for human habitation and incapable of being separated therefrom.The truck or motor
an chassis may have single or double rear wheels.
." . BOATS, SNOWMOBILES AND THEIR TRAILERS - A boat or snowmobile trailer is a +,'.
' vehicle on which a boat or a snowmobile may be transported and which is towable by a
passenger can station wagon, pick-up truck or a recreational vehicle as defined.A private boat .,
. or private snowmobile when removed from the trailer is termed an urtttmotrnted boat or snowmobile.; :�`
4 37 ,,
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Section 2 The basic zoning ordinance shall be supplemented by further supplementing ,
Section 360 entitled"Off Street Parking and Loading"by the insertion of a new subsection
known as 360.110 entitled"Recreational Vehicles"to read as follows: • j
360.10 Permitted Use of Recreational Vehicles. It shall be unlawful for any person to q .
i : park or store any recreational vehicle as defined in Section 700 off this ordinance qn arty `'
property ui the Borough of Tenafly except as follows:
Y, A. In certain specified places in a residential zone or on non-conforming residential E
premises as follows:
d 1 Within an enclosed building conforming with all pro,isions.restrictions and • -•
,_ regulations of the Tenafly Zoning Ordinance.
S 2. In the rear yard which is defined for purposes of this ordinance as the portion of
the tot to the rear of the rear line of the principal budding only provided the recreational vehicle ..
shall:
a. Be located no closer than 3 feet to the prat®pal structure on the lot.
b. Be screened from adjacent dots and stieets bya solid'fence.wall.door,gate,
shrubbery or hedge,not to exceed six feet in height and in conformance with the fence
regulations of the Tenafly Zoning Ordinance.Any door gate or other enclosure to a garage or
•b i
parking space which enclosure provides screening from adjacent lots or streets for any vehicle or
equipment parked therein shall be kept dosed except when opening such enclosure is necessary
ei to obtain access to said parking area Any fence or wall shall have the least objectionable side c
I` facing the adjacent property or the street.A fence shall be 75%solid.Shrubbery shall be at least xis
six feet high and planted at sufficiently dose intervals to provide immediate effective screening 'p
'� throughout the year(evergreen).
'
c Not exceed thirty-one feet in length and nine feet six inches in height excepting an ° . '
additional twelve(12") inches permitted for vents and air conditioning units.
t
3. Ina side yard which is defined for purposes of this ordinance as that portion of the
s,
lot to the side of the principal structure and between the front and rear lines of the principal ',
structure only in cases where a variance pursuant to NJ.S.A.40:550-70(c) is granted by the
Board of Adjustment; provided,however, that if parked in a side yard the limitations set forth in
} Subsection Z1.1)and c concerning rear yards shall also apply; provided further,however that in n.
�u
the case of a corner lot no portion of the recreation vehicle or the screening provided therefor
V., ti• shall be closer to the side street than the set back requirements of the basic ordinance for princi-
pal buildings where they front on said side street. ,'
4. a. A recreational vehicle may be permitted to park in a side yard without the
e necessity of the granting of a variance by the Board of Adjustment under the following
conditions:
Y i. The recreational vehicle shall be parked in the side yard as of the date of the •
.enneen adoption of this ordinance. • `
e ii. A finding is made that: •
.a
a. The recreational vehicle cannot reasonably be parked in the rear yard in such a
. It I-- way as to conform with this ordinance due to the size of the lot and the location of permanent
s
oe . structures thereon: or
. b. To locate same in the rear yard would require substantial removal of existing
landscaping; or ,_.
f
(9 c. The recreational vehicle,if parked in the rear yard,would be more offensive to Y '
ILI . neighbors and the public in general than it would be if parked in the side yard.
iii. The owner of the recreational vehicle shall,within 60 days of the adoption of this
ordinances apply to the Recreational Vehicle Appeal Board as hereinafter constituted for t
t certification of the facts required by paragraphs I and 2 above.
iv. The Recreational Vehide Appeal Board shall certify to the applicant and to the ,
Construction Official within 120 days of the adoption of this ordinance that the facts required by }:,
paragraphs-I and.2 above-ace true. If the Recreational.Vehicle Appeal Board fads to.forriaally ,
certify or deny certification on any application within the 120 day period.certification shall be ;
automatically granted. 4,
` I b. The Recreational Vehicle Appeal Board shall consist of three members appointed
by the Mayor and confirmed by the Council.Each member shall serve for a term corm.encing • .,;:
Y
upon appointment and ending 120 days after the adoption of this ordinance at which time the .
3 El'6 I li 1 L yyt7. _ .y:
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'a TRAILER means a vehicle without motive power,designed so that it can be drawn by
motor va;hicte,to be used for the ca to of
n 11 persons or property or as a human
itation. However.a mature which meets the requirements of the Building Code of
.- _,habrat,. # * -a a*ail ways,including foundation,is not a trailer, whether or
r ' t=t' ,u.+,e'. ar of a lot between the front lot line and the-front(s) of
_4 ....4)...13;:i '' ' '-. '.'o: • a:1t>.and..extended to both side lot lilies.. - ,
YARD. REAL means time pan of a lot between the rear lot line and the back(s) of the
principal building on the$ot<and extended to both side lot Penes. ,
` '
t,''-,:".., YARD SIDE means that pan of a lot not surrounded by building and not in the front ..
or rear yard.
Seezion 2. Sewxion 7.A.2,f of Commissions Ordinance No.2726. as amended is hereby repealed. 1.
Section 3 Section 7,A.2.e. of Commt2sfor.Ordinance No 2726. as amended, is hereby redesignated .
7,9:2. ,
Seaton 4. The following is added to,Sorteonr7 A.2.of Commission Ordinance No 2726. as amended•
d , e. Recreational vehicle.boat,or boat;arid-boat-trader parking as follows:
;. (l) Inside parking.or
(2) Outside parking in the sale yard or the rear yard,or
' ;I'''' (?) Outside parking lm the fratrt yard,provided ti 4`
' , {a). ,ace de not available or there is no reasonable access to either the side and or
'' . vreitI7 i ' 3trrrney aootle a wa i'e to have reasons e.access to t the rear
p
r ' e+:•'yea,:ttecessartly eerrted to revent reasons a access;
j- '; .o ', r Os': r5 .' possible:
- •
i", ' (c) The unit is parked iwndicular to the front curb:
_
(d) The bodtr of the rereauonal vehicle or Ticiat is at lean l i feet from the face of the
..-....'4" curb: and
.1 te? Na r pas:of`tlte 4.n.a extends over the publics'dewalk <
(4) Parkin; is permitted only if the unit, while parked in this zone, is .-,..
(a) Not used foed.vdliing purposes.except one recreational vehicle may be used for :+ '.
dwelling purposes for a n:tinium of 144 da s in any calendar year on any given
Ion Cooking i:: not permitted in the recreational vehicle at any time Butane or
propane fuel shall not be used. a.
(b) Wot permanently connected to sewer lines.water Rues,or electricity.The .
rational vehicle resat'be conneae :to electricity temporarily for charging
batteries aim!other ourposes if the receptacle and the connection from the
n. ; • tecreationaf vett.ive nas been inspected and approved by the City; this connection
. .truest meet the Electrical Code of the City of Albuquerque and a"City electrical
e • • • a— — ..e, neagaieraa eel.; t .d .aried for all such installations.The individual taking out the
.; . r v'n:: r� «A f:e: inspection of the electrical wiling when ready for
' g :',.'1 .
E `+'•az ra'tl:.�va ,spection fees will be charged,except no inspection shall be ;
:r °' for'' ••. ..a. •t3 50 fee ••.
' f9 ''4 (c) Not used for storage of goods.materials or equipment other than those-items
COOffideffed to be a part of the unit or ess,ntial for its immediate use. ''
. (5) Notwithstanding die uaons'of Subsectionn.(3) and(4) above,a unit maybe parked .
' . anywhezeon she .'remises auxin: active loadina or unloadin ,.and use of electricit or
• ne
propa fuel is ..:mitt when neces : to . ,are'a recreational vehicle for use. .
H . (6) g •` Provisions of Section 7.A.2 g.(3)`_
1 y 6 If
control the
than the provisions of Subsection (I) through (4)above.
* g. Trailer parking as follows: < .
t l) lnside,:Forking if ,dl provisions of Section 7.A.2.e.(4)above are met,or ,
(2) Outside parking:ta the side and or the rear•yat'rt;of cargo trailers o€less thaan;2soo
pounds carrying c.: itif.= r
' , (3g' .As a dweirni connected to any uttli iota period p ia the or until,
� g y tom,� a �!of u to s" mon
v
OKLAHOMA, Oklahoma City
In 1978, Sam Peters,'then Good Sam state director of Oklahoma, enlisted the assistance .
• of Good Somers,other RV organizations,and RV dealers in a long and hard-fought battle which
resulted in legislation favorable to RV owners. Unfortunately, it has turned out to be a rather ' "
bittersweet victory:
..:, y.:' The resulting ordinance, which still exists, allows RV parking in side yards, rear yards and .
in the front yard provided"that space is not available or there is no reasonable access to either
' - : the side or rear yard.''
ft was one RV owner's refusal to abide by the provisional clause that created the turmoil
.' ` 4 that followed.He had access to a side yard for parking his trailer,but refused to use it,preferring `4
to keep it in his front yard'adjacent to his driveway. He was in violation of an ordinance that . ,
most RVers felt was reasonable.
e'x.s Neighboring residents complained, but the RVer refused to comply with the parking re-
quirements. t 'r'
Since this was in'an older section of the city,residents in that area had a six-block by four- .;
', block section established as the Linwood Place Urban Conservation District, formed the Lin-
wood Place Neighborhood Association, and proceeded to get an and-R.V parking ordinance
enacted just for that area Because one RV owner refused to abide by the Oklahoma City
x .
Ordinance, all of the RV owners in the Linwood District were adversely affected.
The resulting legislation also set a precedent for other neighborhoods to follow, and Peters '�
reports that the ordinance for which he and others fought is gradually being eroded away as , °
, various neighborhoods follow in the footsteps of the Linwood residents.
This is a strong argument in favor of properly caring for parked vehicles, keeping them
:aa a. dean and presentable. Otherwise,favorable legislative action might be difficult to negotiate and
maintain. ,x
_ 6400.2 Accessory Use Regulations for Residential Districts
i;
• (c) Recreational Vehicle. Boat. Boat and Trailer or Boat Trailer Parking. Recreational vehicle,
Cr: boat, boat and trailer, or boat trailer parking is permitted in the above districts subject to
the following conditions and requirements:
I
L . 1. Inside parking,or • 5 ;
J 2. Outside parking in the side yard,or r
f:
in 3. Outside parking in the rear yard.or ,
0
4. Outside parking in the front yard, provided.
a. Space is not available or there is no reasonable access to either the side yard or rear
yard; a corner lot is always deemed to have reasonable access to the rear yard;
(This applies to all recreational vehicles except self-propelled multi-purpose vehicles
, and applies to boats,boat-and-trailers and boat traders not having a boat mounted
{-4 upon it);
tv b. The unit is parked on a hard surfaced area - .4
;' c. The unit is parked perpendicular to the front Garb,unless parked on a circular _ ,'
js drive; 4. '
', 47
yy,
.
4,41 as p:
'-‘et;''...;-.. d. The length of the recreational'vehicle.boat and trailer or boat trailer shall not be
? greater than 8 feet in width and 40 feet in length. Length shall be measured from
}. bumper to bumper on self-propelled vehicles and front bumper to tongue on towed
vehicles.The body including the bumper and tongue of the recreational vehicle,
boat-arid.trailer os boat trailer is tit least 11 feet from the face of the curb:
e No part of the unit extends over the public sidewalk:
} f. No sight Wangle as required by ordinance shall be violated:and { ,_.
` g. 'Cargo wailers,or stock trailers,are prohibited from parking in the front yard.
t ;
5., Parking is permitted only if the unit.while parked in this zone is: :,'
a. Not used for dwelling purposes,except one recreational vehicle may be used by the F
owner or tenant of the premises,friends,'relatives or guests for dwelling purposes
for a maximum of 14 days in any calendar year on any given lot,provided that
r said recreational vehicle shall not be connected to any utility,other than temporary r'`
electrical hookups and provided further that the host person shall receive no )
compensation for such occupancy or use Provided further that cooking is not
permuted In the recreational vehicle at any time,and no such recreational vehicle
;, shall discharge any liner,sewage,effluent or other matter,except into sanitary y
tn.,t. facilities designed to dispose of such material.
't ma
? b. Not pernently connected to sewer lines,water lines,or electricity.The
' recreational'vehicle may only be connected to electricity temporarily for charging
batteries and other hook-up facilities shall comply with applicable state law and the ,
Oklahoma City ElecWcal Code: "
h c. Not used for storage of goods, materials or equipment other than those items
considered to be a part of the unit or essential for its immediate use
' 6. Notwithstanding the provisions of Paragraphs 4 and 5 above.a unit may be parked
,' anywhere on the premises during active loading or unloading,and use of electricity or
propane fuel is permitted when necessary to prepare a recreational vehicle for use A s
�'. period not to exceed 48 hours shall be a reasonable period for wive loading:and .....,,,,,t.,:, '
unloading. ,
` ,,. (d) Accessory Sign Accessory signs, including on-premises directional and information signs,
'-- -t,' identification nameplates and temporary signs,are permitted,subject to the provisions of
the Sign.Regulatio*ts.
T. : 't
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it.. mss,:
i
: OHIO, E Euclid 1
.=
,
. Editor's Note~to February of 1977,a landmark decision on tile rights of RVcrs to park their rigs on their own '
property became final when the U.S.Sup (;Duct re'f'used to review a dcoson of the Ohio-Court of Appeals
- in what has become known as the Euclid case
,r^ The history and significance of that case from its beginnings are outlined here in full for your education and
'�, - assistance,presented step by step by Corinne Shulman,a California attorney who is the author of the Legal Bilef
:^ which Good Sam makes available to attorneys rep coning Good Sam members in similar cases anywhere in the
t country.Mrs.Shulman also authors the column,°'legally Speaking,"vwh:ch appears in the Hi-Way,Herald.
i'. The most significant recent victory in the fight against restrictive RV parking laws.occurred
' in an Ohio case, known as City of Euclid v Fitzthum, et al, 48 Ohio App. 2d 297, 357 N. E.
,_ 2d 402 `1976), cert. denied 429 U.S. 1094, 51 L Ed. 2d 540 (1977). We've given you what
lawyers call the "citation" to the case, a reference to the law books in which the full opinion
i:� printed, because you will undoubtedly find the case useful in your battle against adoption 'e t°
", of a restrictive ordinance and you may want to draw the case to the attention of the City
.` Attorney, (and your own attorney, if you have one). `.
Some years ago,Euclid,Ohio,adopted an ordinance which prohibited the parking of"any
Z`'
,
type of truck,trailer,auto trailer or trailer coach"in residential areas,on either public or private
,.s, property, unless such unit was "parked or stored in a completely closed structure..,
,t In 1974, nine RV owners were cited for parking their RVs on their own property and they z
� and others banded together in a determined effort to fight the ordinance.The matter was tried .
,
:, at the municipal court level as a criminal offense and the owners were found guilty and fined,
the trial court finding the ordinance constitutional. t
The RV owners appealed and the Ohio Court of Appeals reversed their convictions,finding 4.;.
the ordinance unconstitutional. It is that decision, made in February, 1976, to which we've
referrer' you, for subsequent petitions by the City of Euclid, first to the Ohio Supreme Court y,
,' and then to the U.S. Supreme Court, were both denied and the opinion of the Ohio Court of
! ' ' Appeals is now final.
The state appellate court said that in Ohio,zoning restrictions for purely aesthetic reasons
n. t are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of
the police power, the power to regulate for the public health, safety, morals, and welfare. The
fie t extort then stated that:
J The vice of the present ordinance is that the record will 3
- support neither an application of the ordinance which
tat bears a substantial,and therefore reasonable,relationship i..$'
to public health, safety, morals or welfare nor the im-
position of a taxonomic scheme based on any state of r?`
facts that may reasonably justify it. Part of the tack of
ri 4,1 reasonableness is exposed by evidence of an uneven reg-
J1
.'"?4, , ; ulatoty application: . .
f x Reviewing the facts illustrated the"constitutional inadequacies of the ordinance."The City
had produced testimony to show that a trailer parked in a driveway would interfere with access
j z i.4
'b4 1. ,space is not available'itt the rear yard or side yard,or there is no reasonable
aLcess to either the side yard or rear yard;a corner lot is always deemed to < :.
have reasonable access.to the rear yard: a fence is not necessarily deemed to
prevent reasonable access:
' 4; 2. Inside parking is not possible;
' 3. The unit is parked perpendicular to the front curb:
d. The body of the recreational vehicle or boat mdst be at least 13 feet from the face
of any curb; .,
'..1".-..,:::':.:1.
e. No part of the unit may extend over the public sidewalk or public thoroughfare ,
(right-of-way). ` µ'
f Parking is permitted only for storage purposes, and any recreational vehicle or
,, trailer shall not be
1. Used for dwelling purposes,except for overnight sleeping for a maximum of 14
days in any one calendar year Cooking is not permitted at any time. ;
,' ; 2. Permanently connected to sewer lines. water lines,or electricity.The ,.
recreational vehicle may be connected to electricity temporarily for charging
batteries and other purposes.
3 Used for storage of goods,materials,or equipment other than those items
considered to be part of the unit or essential for its immediate use
s g. Notwithstanding the provisions of Subsections (3)above, a unit may be parked
anywhere on the premises during active loading or unloading: and the use of , to
electricity•or propane fuel is permitted when necessary to prepare a recreational
,,= vehicle for use. �'
h. The unit shall be owned by the resident on whose property the unit is parked for
storage. •
Section 3. Sections 2240,2241,2437 2438,24371,24381, 2537, 2538. 2637. and ,
. 2638 of Ordinance No 770 are hereby repealed.
Section 4.This Ordinance shall take effect from and after its passage and approval
x according to law.
t'ti
;. Passed and approved this lath day of June. 1974.
+r
K Signed/Robert M. Haworth
AMayor
TTEST•
=, Signed/Mary City Clerk Struklett _ ..,•:".
s�'
j�
First reading: May 13, 1974
` , r ,. Second reading: May 27, 1974
{
®° ` Third reading:June 10, 1974, ti..
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A. ., NEW JERSEY, Tenafly
t When RV owners in the community of Tenafly, New Jersey, launched their legal battle,
RVs were '"not allowed at all," according to Good Samers Frank and Olive Enos.
This case dates back to 1979 when a lawyer representing the RV owners utilized information
from Good Sam's Legislative Kit to convince legislators to vote in behalf of the RV owners.
,� The results, which went into effect in May 1979, permit side yard RV parking when it is
determined that "the recreation vehicle cannot reasonably be parked in the rear yard . . . due
't to the size of the lot and the location of permanent structure"or if it would require"substantial
i removal of existing landscaping."
RVers in Tenafly agree that it is an ordinance "that they can Iive with.
PUBLIC NOTICE _
• r BOROUGH OF TENAFLY
ORDINANCE NO 1166
* ''` AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED:
3
"THE ZONING ORDINANCE OF THE BOR('-'rTGH OF
a,, TENAFLY"KNOWN ORIGINALLY AS ORx.'ea zt4CE 838 AS
AMENDED AND SUPPLEMENTED AND AS RE-ENACTED BY .
ORDINANCE 1158 ADOPTED JANUARY 23, 1979.
' BE IT ORDAINED by the Mayor and Council of the Borough of Tenafly in the County
of Bergen and State of New Jersey that the basic zoning ordinance of the Borough of Tenafly be
,t-,;' and the same shall be amended and supplemented concerning the subject of recreational
• _ vehicles, said amendments and supplements to be as follows:
1.i Section 1. Article VII, "Definitions", Section 700 shall be supplementers,by the .
._? insertion in alphabetical order of the following definitions:
':,.',.0
---...a RECREATION VEHICLE - A transportation structure, self-propelled or capable of being a.
' ' , ;' towed by a passenger car, station wagon or small pick-up truck, of such size and weight as not t'
to require any special highway movement permits, and primarily designed or constructed to
,' provide temporary, movable, living quarters for recreational,camping or travel use or to carry
such equipment but not for profit nor commercial use nor shall it be a mobile home. It shall
include but not be limited to the following defined recreational vehicles: 'a-,
CAMPER - A separate vehicle designed for human habitation and which can be �
' attached or detached from a light truck with the truck having either single or double rear wheel
' and with or without an assisting tag axle and wheels mounted either on the camper chassis or '
the ruck chassis behind the truck's rear wheels.When removed from the truck, campers are 4°'
t called unmounted campers.These campers are sometimes called truck campers. 1
w C CAMPING TRAILER - A type of trailer or trailer coach, the walls of which are so CO constructed as to be collapsible and made out of either canvas or similar cloth,or some form of
• w rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational ,
--t vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary
living quarters and is not being moved.
MOTOR HOME - A structure constructed integrally with a truck or motor van chassis
designed for human habitation and incapable of being separated therefrom.The truck or motor
• r van chassis may have single or double rear wheels.
,: BOATS, SNOWMOBILES AND THEIR TRAILERS - A boat or snowmobile trailer is a '
vehicle on which a boat or a snowmobile may be transported and which is towable by a
passenger car, station wagon, pick-up truck or a recreational vehicle as defined, A private,boat '
or private snowmobile when removed from the trailer is termed an unmounted boat or Snt'mobile.
;4,*':::ar 37 N.
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Section 2.The basic zoning ordinance shall be supplemented by further supplementing
Section 360 entitled"Oft-Street Parking and Loading"by the insertion of a new subsection .
A known as 360.10 entitled "Recreational Vehicle?'to read as follows: a.
4' .,. 360.10 Permitted Use of Recreational Vehicles.It shall be unlawful for any person to
park or store any recreational vehicle as defined in Section 700 of this ordinance on any
. property in the Borough of Tenafly except as follows: ^3'
'' A. •
In certain specified places in a residential zone or on non-conforming residential z:.:,
• premises as follows:
' 1. Within an enclosed building conforming with all provisions, restrictions and ..
regulations of the Tenafly Zoning Ordinance. ..1„
2. In the rear yard which is defined for purposes of this ordinance as the portion of
``x ” the lot to the rear of the rear line of the principal building only provided the recreational vehicle e ne
shall:
lt he 7 a. Be located no closer than 3 feet to the principal structure on the lot.
` b. Be screened from adjacent lots and streets by a solid fence,wall,door, gate,
era--let shrubbery or hedge, not to exceed six feet in height and in conformance with the fence ,,.:
�, regulations of the Tenafly Zoning Ordinance. Any door, gate or other enclosure to a garage or ` '
parking space which enclosure provides screening from adjacent lots or streets for any vehicle or "'
equipment parked therein shall be kept closed except when opening such enclosure is necessary
to obtain access to said parking area Any fence or wall shall have the least objectionable side at at
5 4 facing the adjacent property or the street. A fence shall be 75% solid. Shrubbery shall be at least t
six feet high and planted at sufficiently close intervals to provide immediate effective screening tel 4/
ury throughout the year (evergreen). ,
c Not exceed thirty-one feet'in length and nine feet six inches in height excepting an
! �, additional twelve (12") inches permitted for vents and air conditioning units.
3. In a side yard which is defined for purposes of this ordinance as that portion of the
lot to the side of the principal structure and between the front and rear lines of the principal
structure only in cases where a variance pursuant to N.J.S.A, 40:55D-70(c) is granted by the t,,,
Board of Adjustment; provided, however, that if parked in a side yard the limitations set forth in
`„ Subsection 2a, b and c concerning rear yards shall also apply; provided further,however, that in
;': the case of a corner lot no portion of the recreation vehicle or the screening provided therefor '
shall be closer to the side street than the set back requirements of the basic ordinance for prini-
�'_ : pal buildings where they front on said side street.
4. a. A recreational vehicle may be permitted to park in a side yard without the
x;j necessity of the granting of a variance by the Board of Adjustment under the following
j n'; }, conditions: ti
I. The recreational vehicle shall be parked in the side yard as of the date of the an,
It; }<. adoption of this ordinance.ate ii. A finding is made that:
, et.
a. The recreational vehicle cannot reasonably be parked in the rear yard in such a t
®° way as to conform with this ordinance due to the size of the lot and the location of permanent
structures thereon; or ' tt
b b. To locate same in the rear yard would require substantial removal of existing
t: landscaping; or
03 c. The recreational vehicle,if parked in the rear yard,would be more offensive to .
.
neighbors and the public in general than it would be if parked in the side yard.
ui iii. The owner of the recreational vehicle shall, within 60 days of the adoption of this t.
ordinance, apply to the Recreational Vehicle Appeal Board as hereinafter constituted for
certification of the facts required by paragraphs 1 and 2 above.
iv. The Recreational Vehicle Appeal Board shall certify to the applicant and to the
Construction Official within 1"20 days of the adoption of this ordinance that the facts required by
.at paragraphs I and 2 above are true. If the Recreational Vehicle Appeal Board fails to formally `'
certify or deny certification on any application within the 120 day period,certification shall be
{a automatically granted.
't b. The Recreational Vehicle Appeal Board shall consist of three members appointed n
z:t by the Mayor and conformed by the Council.Each member shall serve for a term commencing n,
-, '. upon appointment and ending 120 days after the adoption of this ordinance at which time the
t :n
Recreational Vehicle AS Board shall cease to exist. •,:
B. In a commercial or industrial zone as follows:
,,, 1. The owner of the property or his authorized agent shall submit a plan to the
Secretary of the Planning Board for site plan review showing the location and use of all
,. buildings or structures on the lot and indicating the area where the recreational vehicle shall be i
parked or stored. The plan must comply with all requirements of the zoning ordinance.The fee '' .
shall be $5,00 per vehicle for such approval in lieu of the normal site plan application fee.
;`S 2. In reviewing the plan the Planning Board shall give due consideration to the
location of existing buildings and structures, the proposed location of the recreational vehicles
+•' the provision of adequate light and air access and egress, the appropriate use of the land, f
s adequate screening, appropriate fire protection and adequate safety conditions.
a3 3. The Planning Board shall render a decision within forty-five days after receipt of
the plan by the Board's secretary.
e C. Prohibited Uses. Notwithstanding the locations set forth in Subsection (1) herein,
' the following uses are prohibited
1. No parked or stored recreational vehicle as defined herein shall be occupied or
used for human habitation including but not limited to sleeping, eating, resting or conducting
business.
2. No parked or stored recreational vehicle as defined herein which does not carry a
valid current year's license and/or registration or which is in a state of external visible state of
_,) disrepair or partial construction shall be parked or stored in any zone unless it is stored within a .t e
; } completely enclosed building which conforms with all the regulations of the Zoning Ordinance i;`
of Tenafly.
' `',• 3. No recreational vehicle shall have fixed connections to electricity, water, gas or <
sanitary sewer facilities. 3,
{ 4. No more than one recreational vehicle shall be stored on a single lot in a
F residential zone outside a completely enclosed building which conforms with all of the
regulations of the Zoning Ordinance of the Borough. # `
a,
- D. Permit Procedure. No vehicles shall be parked or stored on any property under the '`
. ` provisions of this ordinance unless the owner of the property shall have received in advance a
J written permit from the Zoning Officer of the Borough.The written permit shall be renewable
-3.:,...:,—.14-,-,, annually upon submission of proof of the current year's license or registration. Every permit
shall expire on the next succeeding May 30 after issuance. An application for a renewal permit
e must be made within 60 days of the expiration of the prior permit.
E. If relief is required from any restriction imposed by virtue of this section (360.1A), ,';.
application may be made to the Board of Adjustment for a variance which when granted shall
not run in perpetuity with the land but shall lapse if
4 1. The owner shall fail for a period'of one year to maintain a permit for•a vehicle i
located at that site or
} } .:: '' 2. The ownership of the property shall be transferred, leased or released to a different
;4 tenant.
: a. F. Except for special site plan permits issued in a commercial or industrial zone the
t recreation vehicle must be owned by the owner of the premises on which it is parked or by the
tenant if said dwelling unit is a rentable property, it being the intention of this restriction to
L provide said permission only for residents of the Borough and not to permit residents to
accommodate friends or family members resident outside of the municipality; in the case of
special permits for commercial or industrial zones, the owner of the property or the tenant of
the property seeking site plan approval shall be limited to storing recreation vehicles owned by �"
C9 residents of the Borough of Tenafly, it being the intention of this ordinance to accommodate
Tenafly residents and not to create a use which would engender or encourage a regional parking
lot for said equipment. y
Section 3. The Schedule of District Regulations shall be further supplemented .,.'
concerning additional regulations applicable to all zoning districts with the exception of the open
43 # zone by adding the sentence, "Recreational vehicles shall be permitted only in accordance with
,'„.'..e:'.•' the provisions of Section 360.10
Section 4. All other ordinances or parts of ordinances inconsistent herewith are
-,c-•.-14 ;.. hereby repealed as to such inconsistencies.
39
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• P
NEW MEXICO, Albuquerque
' Although the RV parking situation in Albuquerque, New Mexico,was resolved more than .
a decade ago, it is included in this publication because it illustrates how RV owners cooperated
with non-RV owners and government officials in drawing up an ordinance that has been ,
satisfactory for all concerned. More than ten years later, it still is a valid and effective piece of
legislation. .:,,t
• ` At the time the need for a new ordinance was made public, the city was working with .-,,
4 an old ordinance that covered the parking of some RV units but prohibited parking other units.
Trucks with campers were permitted to park on driveways, but not trailers.
• { RV owners complained of discrimination, and the City Planning Commission responded
by forming an ad hoc committee of en members, five of whom were RV owners and five non- ,y
• + owners.Included on the committee were.one Good Sam member(Murray Getz),two members
:.-,.i ,, of another RV organization, a representative from the real estate business, a lawyer an4 a �'
member of a boating club. #
�k.x After six months of monthly meetings,the committee presented a recommended ordinance }
to the City Council. The meeting was open to the public, and some of those present voiced
`' ' objections to the proposal. .
The committee met again, and on March 12, 1973, the final reading of the new proposal �.
, ee. generated no objections from the floor and the City Council voted unanimously to pass the .3:-
• . ordinance.
• �° RVers gained the right to have their units in their driveways, 11 feet back from the curb,
`~ or in the side yard or back yard. .1`'
r
x; COMMISSION ORDINANCE NO.26.1973
AN ORDINANCE AMENDING SECTIONS 4 AND 7 OF
COMMISSION ORDINANCE NO 2726, AS AMENDED,
I „_ -4.7. . PERTAINING TO ZONING REGULATIONS ON YARDS, BOATS,
•> RECREATIONAL VEHICLES,TRAILERS,THE PARKING OF
SUCH VEHICLES IN RESIDENTIAL ZONES, AND DECLARING
.., , AN EMERGENCY..
. re Be it ordained by the City Commission, the Governing Body of the City of Albuquerque, New Mexico:, ,
7 Section I. The definition of'Trailer"in Section 4 of Commission Ordinance No. 2726, as amended, is
-1 -; hereby repealed and the following paragraphs are hereby added in correct alphabetical sequence to Section .
i .; 4 of that Ordinance:
• Cm BOAT means a vehicle for traveling in or on water, not exceeding 30 feet in body
• -J length, 8 feet in width. or I 1 feet in overall height. Height includes the trailer, if the
boat is mounted on a trailer. A vehicle meeting the above definition except for size is
not deemed incidental to a dwelling unit.
RECREATIONAL VEHICLE means a vehicular unit not exceeding 40 feet in body
length,8 feet in width, or 11 feet in overall height, primarily designed as a temporary 5;
t', living quarters for recreational,camping,or travel use it either has its own motive
• .. power or is designed to be mounted on or drawn by an automotive vehicle. ,::
• 3'• , b Recreational vehicle includes motor home, truck camper, travel trailer and camping
':i'....•'
=
trailer. A vehicle meeting the above definition except for a see is not deemed incidental I.
to a dwelling unit.
41
r.,-,,,r.:t• '
*".:I.','-,.:4.- . 0 a .;,
' R TRAILS means a vehicle without motive power,designed so that it can be drawn by =r
;, Y , a motor vehicle, to be used for the carrying of persons or property or as a human a
habitationt However,a structure which meets the requirements of the Building Code of
_ - 4 ?'*.� , •;c::tta :n all ways, including'foundation, is not a trailer, whether or
I.. . .ro .. , _�,f puO1,:-s ,y l'o- .art of a lot between the front lot line and the front(s) of
3, ' •.4.;i .p
; :ari..a tl�:b . ,t.,,-....a ., rot,and extended to both side lot lines.
la YARD REAR means that pert of a lot between the rear lot line and the back(s) of the
principal building on the lot,and extended to both side lot lines. :a,
YARD, SLDE, means that part of a lot not surrounded by building and not in the front
or rear yard.
Section 2 Section 7.A.2.f of Commission Ordinance No 2726, as amended, is hereby repealed.
' - Section 3. Section 7.A.2.e. of Comntissio- Ordinance No 2726, as amended, is hereby redesignated
'` ' 7,A.2.f.
. ,, Section 4. The following as added to Section-7.A.2. of Commission Ordinance No 2726, as amended:
e. Recreational vehicle, boat,or boat-and-boat-trailer parking as follows:
(I) Inside.parking. or
' „, (2) Outside parking in the sole yard or the rear yard,or
(3) Outside parking in the front yard provided
ti ,. ( Sa). , ate is not available or there is no reasonable access to either the side ay rd or
, tresir at' .a wringe,tol is always deemed to have reasonable access to the rear
• ' .a,tap jence E..not necessarily deemed to prevent reasonable access;
ctrl''.tn5a. c pat t,i° r,:possible; '''
(c) The unit is parked yerpendicular to the front curb; et
i alt et (d) The body of the.recreational vehicle or Uciat is at least 11 feet from the face of the
curb: and
(e) No part of the itn,i extends over the u�,lilt sidewalk.
_• (4) Parking is permitted only if the unit, while parked in this zone, is
is ' ta) Not used for dwelling purposes, except one recreational vehicle may be used for
t dwelling purposes for a maximum of 14 days in any calendar year on any given
lot. Cooking is not permitted in the recreational vehicle at any time. Butane or
propane fuel shall not be used.
r A..
s; (b) Hot rmanenti connected to sewer lines, water lines, or electricit .The b.
'Pt:,:a, ational ve c e may be connecte a to electricity temporarily for charging ;,
batteries and other purposes if the receptacle and the connection from the r.
recreational veh;cie has been inspected and approved by the City; this connection
n. : .must meet the Electrical Code of the City of Albuquerque and a City electrical
.J • , v' .ateat,- .r >kvi•-Hi.t. ned for all such'installations.The individual taking out the
', 03 • ' • - t e Elora ailonatayai4ftaaatn inspection of the•electrical wiring when ready for
"`r t a r'�s a few fees wil be charged, except no inspection shall be
,.
03 (c) Not used for storage of goods,materials or equipment other than those items t.
considered to be a part of the unit or escntial for its immediate use.
(5) iVotwitirrdin, the a +v6sions of Subsection$• 3 and 4 above,a unit ma be arked • to
anywheron the remises •urin active loadin or unloading, and use of electricity or
• iwrop ftrel is pe milted when necessary totrepare a recreational vehicle for use.
(6) If the= ing on the lot is under constructiein the provisions of Section 7.A.2.g.(3)
, ,.' below control,rather than the provisions of Subsection (1)through (4) above.
g 1kaiter parking as follows: x
:, 11) Inside,:parking if all provisions of Section 7„A.2.e.(4) above are met, or
}
, it (2) Outside parking in the sidc and r..'the tear�yard of cargo trailers of less than.2500
# pounds carrying capacity. t
;a (3) As a dwelling connected to any utilities, for a period of up to six months or until ,;
•- 4rr�. t.. ..4 .. h 1 i ,I-, { , _1J 1 L X _ ,- 1,,'+.1 i } yY nF .`
i t 1
'3 ," construction is completed,whichever comes first.The six-month period shall begin to ' !,
:`,1 tun from the date on which a building permit is issued for a dwelling unit qn the same
r lot.The body of the trailer shall be set back at least 5 feet from any lot line and 8 feet ',,:7,.
Y -: from the dwelling under construction.
(4) Notwithstanding the other provisions of this subsection,a trailer may be packed .
anywhere on the premises during active loading or unloading. ;. =,
,<` , Section 5. if any section, subsection, paragraph, sentence, clause, phrase or part hereof are for any ,
'-'::..1.i'..*.:,:'. reasons declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be
affected since it is the express intent of the City Commission, the governing body of the City of
Albuquerque, to pass each section, subsection, paragraph, clause, phrase, and every part hereof
' separately and independently of every other part.
Section 6. This ordinance is hereby declared to be an emergency measure on the ground of public need. ,,.
It is therefore to become effective five days after publication in full as provided by law
PASSED, SIGNED AND ADOPTED by the City Commission of the City of Albuquerque, Rernalillo
County, New Mexico this 12th day of March, 1913. ;if-
''.'
Signed/L. PMAAVEDA
',; : Chairman, City Commission 3
ATTEST:
' Signed/GISELE GATEGNAL
' ':r City Clerk
APPROVED AS TO FORM:
:>$. Signed/PATRICK L. twicDONALD
Assistant City Attorney
F:
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,
Penfield
=; The Spirit of Good Sam and RVing really came through in Penfield, New York.
Penfield had an existing recreational vehicle ordinance which was favorable to RV owners,
L when a petition was signed by 160 residents'requesting that the ordinance be amended to I
restrict the time and location of parking of RVs in residential districts. -
4 The required public hearings were held, and in June, 1984, the town board issued a news
v }a release that stated the followings
As previously explained by Town Board member aware of the concerns of their neighbors who oppose
Charming Philbrick,the Town Board in holding public the parking of said vehicles in residential districts.This
hearings on April 23rd, 1984 and May 14th, 1984, is an absolute necessity if we are to be a community
s recognized the legitimate concerns of approximately of individuals and not of restrictive regulations.Penfield
one hundred sixty Penfield residents who signed a Pe- is composed of people with varied recreational pursuits
" tition requesting that the existing Recreational Vehicle in a Town whose motto is "a Town of Planted Prog-
Ordinance be amended to restrict the time and location Tess. To burden this community with a laundry list of
. of parking of recreational vehicles in residential districts. do's and don'ts,could approach over-regulation of pn- .:,
' This Town Board is committed to being aware of vate property.Each property owner has rights equal to " -'
and attentive to the legitimate concerns of all Penfield one another, This perfect balance must be preserved. `v
residents.On issues that would affect all Town residents Failure to do so will leave this Board no alternative but
• .0,. by way of existing Ordinance amendment,public hear- to reconsider the imposition of unwanted regulations.
' ',r, ings are required. In fact, there presently exists Ordinance Sections
,, The public hearings have been held. , which limit the storage of unlicensed vehicles and cer- r"
The information gleaned from the public hearings tain commercial vehicles over one-ton capacity to in °"
a I is that use and ownership of recreational vehicles is sure and preserve the character of residential
,I limit t residents in this area It is the Board's hope that all individuals who own
y. by regulation would in this Board's opinion be at this recreational type vehicles and boats wilt make every
time, contrary to the purposes for which residential conscious effort to locate them so they are least often '
•
districts exist as defined in Article III,Sec. 3-33 c of our sive and obtrusive to their.neighbors. We at this time 1.
Ordinance which states: look to good neighbor efforts to resolve this issue in a =':;
'The purpose of the Residential Districts is to manner acceptable and pleasing to all without the need
g maintain the residential character of the distract. The of this Board having to impose further regulations upon ,''
districts are to provide residential uses at suburban scan- its residents.
lords.'• it is our further hope, that those people who be
in However, the Board would point out that those long to organized RV associations within this Town
residents who own recreational vehicles and park them help solve RV neighborhood location problems as they
in residential neighborhoods should be mindful and occur.
Good Sam feels that the legislators of Penfield recognized the need for wholesome recreatior
that encourages family participation. Perhaps this approach will reach the leaders of oche
communities.
lk It also is hoped that RVers will recognize their responsibilities,as outlined in this document
'w< to keep their RVs presentable at all tunes and to resolve their differences with neighbors in
_, reasonable manner
ry
I: '.7 V, . 0 0 ,,.,
•
Euclid
_A_.
Editor's Note: In February of 1977,a landmark decision on the rights of Infers to park their rigs on their own
,: : property became final when the U.S. Supreme Court refused to review a decision of,the Ohio Court of Appeals
in what has become known as"the Euclid case."
The history and significance of that case from its beginnings are outlined here in full for your education and 4
k , t assistance,presented step by step by Corinne Shulman,a California attorney who is the author of the Legal Brief
t d which Good Sam makes available to attorneys representing Good Sam members in similar cases anywhere in the
country. Mrs.Shulman also authors the column,"Legally Speaking,"which appears in the Hi-Way Herald.
.' •J The most significant recent victory in the fight against restrictive RV parking laws occurred
;; in an Ohio case, known as City of Euclid v. Fitzthum, et al., 48 Ohio App. 2d,297, 357 N. E.
2d 402 (1976), cert. denied 429 U.S. 1094, 51 L. Ed. 2d 540 (1977), We've given you what
• lawyers call the "'citation" to the case, a reference to the law books in which therfull opinion •
is printed, because you will undoubtedly find the case useful in your battle against adoption
x .
; fir of a restrictive ordinance and you may want to draw the case to the attention of the City
' �� '. Some years ago,Euclid, Ohio, adopted an ord Attorney, (and your own attorney, if you have one). r
inance which prohibited the parking of"any
, type of truck, trailer, auto trailer or trailer coach"in residential areas,on either public or private
k {; property, unless such unit was "parked or stored in a completely closed structure.
< ' In 1974, nine RV owners were cited for parking their RVs on their own property and they �.
and others banded together in a determined effort to fight the ordinance.The matter was tried
:;, at the municipal court level as a criminal offense and the owners were found guilty and fined,
the tidal court finding the ordinance constitutional.
iF The RV owners appealed and the Ohio Court of Appeals reversed their convictions,finding '"
the ordinance unconstitutional. It is that decision, made in February, 1976, to which we've ;'
y _ referred you, for subsequent petitions by the City of Euclid, first to the Ohio Supreme Court
'' ' and then to the U.S. Supreme Court, were both denied and the opinion of the Ohio Court of
Appeals is now final.
re :The state appellate court said that in Ohio, zoning restrictions for purely aesthetic reasons
are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of t
1 the police power, the power to regulate for the public health, safety, morals, and welfare. The ,,,
court then stated that:
e The vice of the present ordinance is that the record will
support neither an application of the ordinance which 7,
Tears a substantial,and therefore reasonable,relationship r
to public health, safety, morals or welfare-nor the irn `i
:
� position of a taxonomic scheme based on any state of
facts that may reasonably justify it. Part of the lack of
reasonableness is exposed by evidence of an uneven reg-
ulatory application.
t{ Reviewing the facts illustrated the"constitutional inadequacies of the ordinance."The City
had produced testimony to show that a trailer parked in a driveway would interfere with access
45
'4 4t'
t . !^
'_ for fire fighting equipment, would serve as a conduit for fire, was more difficult to move than
t
a car, lowered property values, and under certain circumstances, could create a safety hazard
-..,:.:--..A: by obstructing the view of street traffic.
The RV owners had produced evidence to show that automobiles (which were not pro-
hibited from driveway or street parking) could be conduits for fire, may be just as difficult to
A move as trailers if locked, may ifnpede fire fighting and/or cause fire hazards and may be
et e
°' unsightly when stored outside. But the state appellate court properly disregarded this evidence,
following a generally recognized rule of Iaw that it is for the trier of the fact (here the trial at
court) to resolve conflicts in evidence. The court then posed and answered the constitutional
question:
en le. Where, then, are the Due Process and Equal Protection
vices of the ordinance? They lie in the indisputable fact .,
a that enclosing vehicles classified as trailers does not change 4"
the fire hazard propensities; does not enlarge health safe- j`
it.,:, guards. Indeed it is clear beyond peradventure that en-
closure may diminish health and safety factors by upping
sewage spillage from portable sanitary facilities . . . and
. teat collecting highly flammable escaping propane gas which :r`
' would otherwise be dissipated in the ail: . . . These are ,.
'} factors too obvious to be resolved on mere credibility ,..
determinations. They point up the arbitrariness and un- '`et
s? reasonableness of the attempt to regulate. Uncontrovert-
able evidence also supports the Equal Protection violation '`
r.te
. r• . in requiring vehicles in the trailer classification to be en-
s• e . closed. This evidence is found in omission of boats from .
x p the proscription unless parked on trailers—despite the .
t obvious fact that non-trailer boat parking so decreases ..
Rs<` mobility that a boat so stationed is a greater safety hazard et
e.
:„ than one capable of movement on wheels.
S The Euclid decision is of great value in at least two areas:
e en First, it is directly on point if you are facing an ordinance which limits the storage of RVs aet
"`` to enclosed structures, and should be brought to the attention of the planning commission,city x!
council, and/or city attorney contemplating the enactment of such an ordinance.
` ' ' Next, the state appellate court's determination that the Equal Protection Clause of the ti
ca United States Constitution was violated by this ordinance which failed to include other rec- F;;
ty reational equipment (boats not on trailers) means that an ordinance which is not all-encor�i- ,.
• K passing would also be subject to attack. As a practical matter, you may want to hold this
WI ' argument in reserve, rather than pointing out what may be fatal flaws in a proposed ordinance.
O In other words,if your city is contemplating an ordinance which would regulate the parking '
u1.
oi
of some RVs, but not all, it would seem wiser not to point this flaw out if the only result
s.
accomplished would be a more broadly-drawn ordinance.
.. The background facts in the Euclid case are of additional value, for the evidence available
to the RVers in Euclid is equally available to you Try to find out the reasons for the proposed F"'.
, _ ordinance, then come in with material and argument to show that autoraiobiles are equally
� .,;
{ ,.guilty," for it is unlikely that the city would adopt an ordinance prohibiting the parking of .
automobiles as well
_tee Thus, if the city suggests that RV's are "unsightly," bring in some snapshots of the most .
dilapidated cars you can find parked on your city's stets, if the city talks in terms of fire
` , t.' hazard, question the presumed difference between an RV and a locked can
.,' The possibilities are endless and the Euclid case should prove invaluable.
.
1r. r'.
Sec 20-6. Con,,t ' ' 0 parking on private property. Parkin• _ �.,ring of recreation
vehicles, boats or boat trailers on private property may be permitted under the following
y X conditions:
(a) That the recreation vehicle,boat or boat trailer may be parked or stored in a
• �.:,..` carport.
{ (b) That the recreation vehicle, boat or.boat trailer may be parked or stored on a • e
., 1,:.. driveway.
F
(c) That the recreation vehicle,boat or boat trailer may be stored in the rear yard,not
• r ::;; closer than five (5)feet of the rear lot line or in the side yard not projecting
, beyond the front roof line. :.
(d) . That the recreation vehicle,boat or boat trader must be owned or used by a
r' ,resideint'of the premises. + .
• ; (e) That the recreation vehicle,boat or boat trailer must be currently registered and .,.
licensed as required by state and federal law.
1 ' - - (f) That no recreation vehicle, boat or boat trailer may be parked between the right- .
• •- of-way and the structure unless on a driveway or other hard surfaced area, such
as asphalt, paving stones, shellrock or concrete.
t ` . (g) That the total number of vehicles (other than passenger vehicles) so sparked or. ,,.
7 stored shall be limited to two (2), not including those kept in a garage. Only one
recreation vehicle may be parked or stored between the right-of-way and the
structure.
,' (h) That the recreation vehicle, boat or boat trailer shall be parked or stored entirely ```
on the owner's property in a safe and orderly manner and that vehicles parked or
stored on a driveway shall not be a hazard to people entering the driveway or to•:.;.-,..;:::-.-7--,;
persons passing on the sidewalk. '
(i) That the recreation vehicle,boat or boat trailer is not in the process of being
: constructed, reconstructed or undergoing major repairs that have taken more than
seven(7) consecutive days to complete. (Ord. No 78-2, §4,2-7-78; Ord. No
• x ., 80-23, § 1, 6-3-80) e;
.
f, Sec. 20-7.Time limit for parkinf on right-of-way. No recreation vehicle, boat or boat
trailer shall be parked or stored on any public right-of-way for a period exceeding one hour.
(Ord. No 78-2, § 5, 2-7-78)
;-• "{ Sec. 20-8. Occu •n on rivate roe (a) Generally..It shall be unlawful to occupy
' any recreation ve icle while said vehicle is parked or stored on private property unless such use
is specifically permitted in the applicable zoning district.
Y ,,„,:,..,-.e, (b) Construction trailers shall be permitted as outlined in Section 4(H) of Appendix A of
this Code.
-'.7...i'‘'.7;11.:,. (c) Mobile homes as defined in Section 1, General Definitions,of Appendix A of this 3,
` fi "t` Code shall be permitted in applicable zoned districts. (Ord.No 98-2, §6,2-7-78) y"
CC ' 5 ;
ti,
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FLO ' ,I' A Blieriaveiittira Lakes t
•
Early in i984, an appellate court in Florida ruled in favor of motorhome parking in the
Buenaventura. Lakes subdivision; Since the lower court decision was overturned, this is a
significant decision to the Raring Community.
In this particular case, the plaintiff filed;a complaint seeking to prohibit the defendants,
Joanne Snider and Sue Gesarnan, from parking their motorhome on their property, claiming
the motorhome violated the covenant which read:
No house trailers or mobile homes shall be allowed on
any of the said lots . . . no trucks or house trailers of any
s 4 kind shall be permitted to be parked in the subdivision
<,3 for a period of more than four hours(except during con- Y;
x ;' struction) .
The trial court ordered the owners of the motorhome to remove the vehicle`_withfn ten
days.
In reversing the trial court's injunction,the appellate court judge agreed that a motorhome
is not a house trailer, mobile home or a truck, and therefore did not fall into the restrictions •
T ' imposed on the property owners of the subdivision.He also referred to the definitions of mobile
r s home and motorhome as they appear in Webster's New Collegiate Diatianary in defining the
difference in the two items.
The attorney for the appellees argued that because a motorhome is driven about and lived
in, it fell into the category of a "mobile home," further stating that the terms "house trailer"
and "mobile:home,"are used interchangeably. However, the judge saw it otherwise,and ruled
in favor of the motorhome owners.
•
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•
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26
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•
• ,A, Miramar
Good Sam's Legislative Kit gave the RVers of Miramar,Florida,the information they needed
to fight for favorable parking legislation in 1981. Under the direction of Good Samer Walter
Landmesser, the RVet ; of that community combined their efforts in presenting their needs to
the,city council. •
The ordinance allows 1W parking in the open on residential lots provided they are not
used for living or sleeping.
ORDINANCE NO 81-15
AN ORDINANCE AMENDING ORDINANCE 68-4, SECTION
r• { 6(16); DEFINING RECREATIONAL VEHICLES AND BOATS:
PROVIDING RESTRICTIONS ON'fHE PARKING OF SUCH
VEHICLES IN RESIDENTIAL AREAS; PROVIDING AN ',.
EFFECTIVE DATE: PROVIDING A REPEALER.
Be it ordained by the City Council of the City of Miramar, Florida:
That Ordinance 654 Section 6(16) be and the same is hereby amended to read as follows:
a 16. TRAVEL TRAILERS,TRAVEL CAMPERS, OR OTHER VEHICLES USED
FOR DWELLING PURPOSES:
•
A. No vehicle regularly or intermittently utilized for dwelling purposes,`
travel trailer,travel cam p p er,boat, swamp buggy, or other vehicle shall be parked
overnight in the City of Miramar unless parked,in an area zoned for such purpose or
re in an area specifically designated for such purpose by the City, unless a Temporary Use
Permit has been granted by the City Council, or unless unoccupied and stored in a a.
garage or carport, or unless conforming with the following requirements.
e.
i. B. All boats, motor homes,truck campers,camping trailers, recreational and
camping equipment in the form of travel and camping trailers, truck trailers and motor
.` `' travel homes designed and used for temporary dwellin g purposes shall meet the
• a following requirements when parked.in the open on lots containing a single family or
duplex residence:
• ra 1. When parked on such,lot, the equipment shall not be used for living
or sleeping quarters,or for housekeeping or storage purposes,and ;
shall not have attached thereto any service connection lines, except
0. as may periodically be required to maintain the equipment and
appliances.
2. Parking shall be limited to equipment owned or leased by the
occupant-owner or occupant-lessee of the lot or owned or leased by ,
a bonafide out of Broward County house guest of the occupant•_
owner or occupant-lessee of the lot with the parking of such
0 equipment by guest not to exceed fourteen(14) consecutive days.
3. Such equipment and the area of parking shall be maintained in a
clean, neat and presentable manner,and the equipment shall be in a
' * usable condition at all times.
•
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IL LINOIS, est Dundee
Good Samer Ed Kolbaba of West Dundee,Illinois,did a lot of walking and door-knocking,
but it paid off with favorable RV parking legislation in that community.
1 Ed was fortunate in having a village planner who was cooperative. He worked with Ed
in utilizing information from the Legislative Kit to draft an ordinance to replace an existing one ,
that was an-ti-RV.Village board members were presented with an ordinance that was a composite
prepared from ideas utilized in other communities
The problems in West Dundee surfaced during,the summer of 1984 when several RV and
boat owners, who had parked their vehicles in their driveways received notices from the police'
that they were violating a village ordinance. They were given 25 days to move their vehicles.
Realizing they had a problem to be resolved,board members gave the RV and boat owners
a six-weeks grace period while the board attempted to work out the problem.
At that time, the West Dundee zoning code prohibited parking any boat or RV, including
motorized units, in a residential area if that vehicle was more than 10 feet high, 17 feet long,
eight feet wide and was within a front yard, side yard, or front driveway. Vehicles also had to
be more than six feet from any building and three feet from any property line.
After receiving several complaints, the police cracked down and started issuing citations.
To complicate the situation, there were no RV storage facilities in West Dundee,
The new rules presented to the village board were passed by a unanimous vote, and are
favorable to RV and boat owners. The new length limit for vehicles in side and rear yards is
g 30 feet, and small RVs (but not boats) can be stored in driveways.
To add to the flexibility, the new ordinance also allows RVs to be left in a front driveway
for up to 48 hours in any 15-day period for loading and unloading, maintenance,and visitors;
, however, nobody is allowed to live in the vehicle,
AN ORDINANCE AMENDING CHAPTER XII ZONING, ARTICLE II GENERAL ZONING DIS-
TRICT REGULATIONS, SECTION 210 OUTDOOR STORAGE OF TRAILERS AND BOATS OF , a3
THE MUNICIPAL CODE OF THE VILLAGE OF WEST DUNDEE, IL. OF 1973,AS AMENDED
ADOPTED BY THE
VILLAGE BOARD k'..
OF THE
VILLAGE OF WEST DUNDEE,ILLINOIS
THIS 5TH DAY OF DECEMBER 1983 .:
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE VILLAGE BOARD OF THE VIL-
z LAGE OF WEST DUNDEE,KANE COUNTY,1I-I.INOIS,THIS 6TH DAY OF DECEMBER, 1983
ORDINANCE 83-13
AN ORDINANCE AMENDING CHAPTER XII ZONING,
ARTICLE 11 GENERAL ZONING DISTRICT REGULATIONS, -
SECTION 210 OUTDOOR STORAGE OF TRAILERS AND
{ BOATS,OF THE MUNICIPAL CODE OF THE VILLAGE OF
WEST DUNDEE, ILLINOIS OF 1973,AS AMENDED
Be it ordained by the President and Board of Trustees of the Village of West Dundee, Kane
County,Illinois:
y't Section.l:That Chapter XII Zoning,Article II General Zoning District Regulations,
Section 210 Outdoor Storage of Trailers and Boats, of the Municipal Code of the Village of West
s 2S
• 4 t `.
' S
-' Dundee, Illinois of 1973 •r. ' nd the same hereby is amended,by repe g said section in its ,
entirety.The amended chapter shall be designated as Chapter XII Zoning, Article II General a,
Zoning District Regulations, Section 210 Outdoor Storage of Recreational Vehicles, Boats,and
....:;f3.."
"' Trailers, the same now to read as follows: ;'
,4 CHAPTER XII Zoning
ARTICLE II General Zoning District Regulations a q.,
SECTION 12-210 Outdoor Storage of Recreational Vehicles, Boats, and Traders ,a -
( i. j
A. Definitions
1. Boat: Means any device used or capable of being used for navigation on water.
1 Trailer Shall include every vehicle designed or utilized for the transportation of x^
any boat,auto, snowmobile, and the like, which does not have motive power but ti
is designed to be drawn by another vehicle.
3. Recreation Vehicle: Is a vehicular, portable structure built on a chassis, designed to
{` be used as a temporary dwelling for travel, recreational and vacation uses and/or
z vehicles with "RV"license plates. A recreation vehicle shall include but not be ,
limited to the following: travel trailer pick-up camper, motorized borne,camping
trailer.
' 'j 4. Owner. Means a person other than a lien holder having a property interest in or *'
+a title to a boat, trailer, or recreation vehicle.The term includes a person entitled to ....
;,, the use or possession of a boat, trailer,or recreation vehicle, subject to an interest ` ;`
in another person,reserved or created by agreement and securing payment or '_
i .. ` performance of an obligation. ,
B. General Conditions
i + 1. Dwelling Use No boat, trailer or recreation vehicle shall be used as a dwelling,
',; storage or an accessory building. '
', - 2. Construction Use A recreation vehicle may be used as a temporary office or `°
` storage space incidental to construction of a building/development for the period of „.
time such construction is actively undertaken, provided such vehicle is located on
the same or contiguous lot as the building/development under construction.
3. Flammable Liquids: The owner of a boat, trailer or recreation vehicle shall not
'- park, let stand, or store such vehicle leaving flammable liquids aboard other than �4
in Illinois Department of Transportation or United States Department of Transpor- `
'_;°' tation approved containers.
4. Dangerous or Unsafe Storage: The owner of a boat, trailer, or recreation vehicle a,
4-.'• shall not park, let stand, or store such vehicle in such a manner as to create a ,
`" dangerous or unsafe condition on the property where parked, permitted to stand,
} - ' ; or stored.Parking, standing or storing the boat, trailer, or recreation vehicle in such
fashion that such vehicle may tip or roll shall be considered a dangerous and
unsafe condition.
5. Street Parking: No boat, trailer, or recreation vehicle shall be permitted to park on
r any Village street or parking lot between the hours of 2 a.m. and 6 a.m. At no
time shall a trailer be left upon a Village street or parking lot unattached to a
;' motorized vehicle.
6. Proof of Ownership: A legal or beneficial owner of or lessee of the property shall :r
have and display upon request to authorized Village officials, proof of ownership
allie
of a parked, standing, or stored boat, trailer, or recreation vehicle. ,:1`
ca
0 7. License Required: All boats, trailers, or recreation vehicles shall display current ,a.
J State license plates or other registration certificates.
8. Dumping: Boats or recreation vehicles shall dump sewage only into approved '
sanitary facilities. ;
C. Residential district Regulations 4.
A boat, trailer, or recreation vehicle may be parked,permitted to stand or stored out of
'a *_ doors in any re' _:ntial district subject to the following conditions and resaricuons: '
1. General Conditions
• -,-• ' a. Mobile Condition: A parked, standing or stored trailer or recreation vehicle ,
shall be maintained in mobile condition. _:;
29
t• n
4 ' _�� J r- :,.- l y ',e-..a. s I d:5 ' t r a ,
b. Tem p rar Loadin Parking: Boats,trailers,and recreation vehicles shall be
permitted to be temporarily parked in the front driveway of any residence for
:4 , up to 48 hours within any 15 day period to accommodate laading/unioading `"
operations,out-of-town guests,and minor repair/maintenance work
' , . c. Indoor Storage: A boat,trailer or recreation vehicle may be stored indoors
, 3 provided that the residence maintains two off-street parking spaces as required.
2* 2. .Number of Vehicles: No more than l boat/trailer combination and 1 recreation f'
'''''..:::...2.'a.:l * vehicle may be stored on any one residential lot.Kayaks, canoes, and rowboats •='„,.
shall not be considered a boat for purposes "'r
p rpc3ses of this subsection. ;�..
' 3. Bulk and Location Restrictions—Side and Rear Yard: No boat,trailer,or recreation , '
vehicle stored in a residential district shall exceed the following dimensions and
s locations:
1
a. Height 11 feet excluding antennae. _'
b. Lend 30 feet,excluding hitch, tongue,and other appendages.
c. Width: 8 feet excluding attached hardware. .,:,
,i . d. Rear Yard closer than 3 feet from the rear property line. ',>.'
;- e. Side Yard: closer than 3 feet from the side property line. d
�: 4. Bulk and Location Restrictions--Front Yard: No boat, trailer travel trailer, or
x camping trailer shall be allowed within any front yard except as otherwise
h St 3,
' provided in Section Cib Temporary Loading/Parking. No motorized recreational t
i,a vehicle shall be stored in a front yard except on a driveway which meets adopted
driveway standards and shall not exceed the following dimensions and location:
q r }
a. Sleight: 7 feet excluding antennae. ••
b. Length_20 feet
y, c. Width: 8 feet ='
' , d. Set Back: 15 feet from the public right of way
Section 2:That any and all ordinances,resolutions,and orders, or parts thereof, in
r` ,, conflict with the provisions of this Ordinance,are to the extent of such conflict repealed.
Section 3:That if any section,subdivision,sentence or phrase of this Ordinance is for -'
r` -' i, any reason held to be void, invalid, or unconstitutional,such decision shall not effect the validity
. '<t:` of the remaining portions of this Ordinance.
,: r '
■
t> Oection 4: That this Ordinance shall be in full force and effect from and after its
'es passage and approval as provided by law,and after publication in pamphlet forin pursuant to
"1 the authority of the President and Board of Trustees, "
i ; Passed by the Board of Trustees of the Village of West Dundee, Kane County,Illinois,
•
and approved by President of said Village this 5th day of December, 1983. r.
` AYES: 6' NAVES: 0
2, t– ABSENT: 0
>' Thomas R. Warner
Village President, Village of
r awe
•■•1 West Dundee, Kane County,II.
W ATTEST; ,,
Margaret Jefferson ry,
Village Clerk
j
by
i" Barbara Haines
yt
* '' Deputy Clerk
e
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i.
30
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{ IOWA, Maquoketa
4 ,
In 1981, Good Samers in Maquoketa, Iowa, requested a Legislative Kit in order to prepare
a pro-RV parking presentation to the city council. Details of their actual activitit's are not —
1µs ` available, but the current ordinance regulating RV parking in that community haz%:en written
for the convenience of RV owners. It provides for front driveway and/or front yard parking :`
when space is not available in the side yard and there is no reasonable access to the side or
rear yard.
It is interesting to note that this particular ordinance addresses the issue of LP-gas containers, r
{ requiring that they meet certain standards and that valves be closed unless the vehicle is being 1
r.,,i readied for immediate use. .'1`.
.
t The ordinance also allows sleeping in the vehicle for a period not exceeding 72 consecutive
hours to provide for non-paying guests.jy
,'. 4 5-IC-6:DEFINITIONS OF RECREATIONAL VEHICLE
j.; ANDVESSEL: 4
.. As used in this ordinance, camping and recreation vehicles and
. equipment is defined as and shall include the following:
k x: Recreational Vehicle: A general term for a vehicular unit not exceeding thirty-six (36) feet in
overall length,, eight (8) feet in width, or twelve (12) feet in overall height, which applies to the �4
' , following specific vehicle types: , r
1-.4:-..--v 1. Camper Trailer—A folding or collapsible vehicular structure, without its own power,
's' designed as a temporary living quarters for travel,,camping, recreation,and vacation uses; "`
, and be licensed and registered for highway use. ';
1 ' ?. Travel Trailer-A rigid structure, without its own motive power, designed as a temporary
'% dwelling for travel, camping, recreation, and vacation use; be licensed and registered for ,
t
highway use; and which when equipped for the road, has a body width of not more than
eight (8) feet.
i 3. Truck Camper---A portable structure, without its own motive power, designed to be ,.
transported on a power vehicle as a temporary dwelling for travel, camping, recreation, and
"` vacation use; and which in combination with the carrying vehicle; be licensed and
registered for highway use. '
®' .4 . Motor Home—A vehicular unit built on or as a part of a self-propelled motor vehicle ;
chassis, primarily designed to provide temporary living quarters for travel,camping,
(I) i recreation, and vacation use and to be licensed and registered for highway use
ii
5. Boat Trailer A vehicular structure without its own motive power, designed to transport a a
m recreational vessel for recreation and vacation use and which is licensed and registered for
highway use.
6. Horse Trailer—A vehicular structure without its own motive power designed primarily for 4'
the transportation of horses and which, in combination t.ith the towing vehicle, is licensed
and registered for highway use.
7. Utility['railer--A vehicular structure without its own motive power designed and or used
for the transportation of all manner of motor vehicles,goods,or materials and licensed and
registered for highway use
`j ., Recreational Vessel: A general term applying to all manner of watercraft, other than a seaplane
on water, whether impelled by wind, oars, or mechanical devices, and which is designed
a, , pritarily for recreation or vacation use A recreation vessel, when mounted upon a moat trader,
4
31 •
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.4 ..i.• -t''.="4. '. i 4.1i., t v - 1/44 it F t �.'_ , u-, t 4 ' � 4 l :L t,4 t Al l t a
- . I , Y <, , I. , . .A �u y
J
{ and its towing vehic hen parked, shall be considered one (1) t, exclusive of its towing 1
`
. vehicle.
y
5-1C-7:RI GULAT1ONS GOVERNING RECREATIONAL VEHICLES • -- . AND VESSELS:
-
Any owner, lessee, or bailee of a recreational vehicle may park
ea one such vehicle or one such vessel on a single lot in a j'
residential district,subject to the following: iY
;` 1. Such recreational vehicle or vessel shall be maintained in a clean, well,kept state so as not
to detract from the appearance of the surrounding area
2. If such recreational vehicle'or vessel is equipped with liquified:gas containers,;such contain-
ers shall meet the standards of either the Interstate Commerce Commission or the Federal '
' Department of'Tra�nspoftation'or`the American a.�`"ciety of Mechanical Engineers,.as such
-.4:','3'. standards exist on the date of passage hereof,Ikurther, the valyes.'off such liciulfied petroleum *.
gas containers€nitst,'be e'losedwhen the vehicle or vessel is not`being readied,for ut fined&ate-
'.- t use and in the event that leakage`is'detected from.such:ligitifled petroleum•gas containers, i,
. immediate corrective action must be taken. ;
3. ,Ar no time shall such parked recreational vehicle or vessel be.occupied or used for living,
slee'in ,or housekee in purposes except as provided in sub-paragraph p .(d of this..Section:'
�, :, , P g - P �P � P p O
c ; z.
j 4.' It shall b lawful for only non-paying guests at a residence in a residential district to"occupy'
tine:recreational vehicle or vessel, parked subject to the provisions of this ordinate,for
sleeping,purposes only fora period not exceeding seventy-two(72) consecutive.hoursc±he >'
total number of days during which'.a recreational vehicle or vessel may be occupied"under
this sib-section'shall not.exceedfoarteen(14) in any calendar year: :"'
5. Such recreational vehicle or vessel may be parked in the following manner
', (a) Iu,side any enclosed structure which structure otherwise conforms to the zoning re- : ' f.s
quirement of the particular district where located.
. r (b). Outside in the side yard or in the rear yard,and shall not be nearer than two feet(2')
s' E ;to any side or.rear lot line.
': (c) Parking,of recreational vehicles or vessels is permitted in front driveway or an area ad-
r ? jacent to the driveway provided:
(1) Space is not available in the side yard,or there is no reasonable access to either `
tt±
the side or rear yard.A lot shall be deemed to have reasonable access to the rear '
yard.if terrain permits and an access can be had without substantial;;damage to ,
, . existing large trees or landscaping. A corner lot shall ilOrrnallYti deemed to hay'
reasonable access to the rear yard. j..
z+ c
(2) Inside parking is not possible. .
(3) The recreational vehicle or vessel may not extend over the public sidewalk or
publicly owned right-of-way.
(d) The City Manager or Police Chief may issue a permit for parking on any City street Or ,,,..;
t "` alley for a period not to exceed seventy-two (72) hours. e
(e) The City Manager or Chief of Police may issue a permit for parking more than,one
12- iecreational vehicle or More than one recreational vessel on a single lot in a„residential
:lisi[ict. J
•{ t (f) The owner of a recreational vehicle or recreational vessel parked;on a single lot.;inrya 4 .''
residential'district shall also be the owner or the renter of such residential lot.. r,
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i ,'' �I �M Frenchtown, Township I r'4 A
js'
The RV parking victory won by the RVers of Frenchtown Charter Township in Monroe F
. r'`� County, Michigan, was referred to by a local newspaper as "a textbook case of democracy at
work.,,
4
} ' Good Sam was fortunate enough to receive from member John Tomaro,who was spokes-
a'
man for the RV contingent, a complete file on the steps taken to win this important decision.
x' The task accomplished by the RVers of Frenchtown Township should provide ideas for other p
.h communities ..facing similar circumstances.
i The seed was planted on August 3, 1983, when Good Samers Roman and Elgie Grabitz z? r
received a notice that their 26-foot motorhome, which was parked in their driveway, was in '
violation of the township ordinance.The drive was 100 feet long. 4
.4 s ; Roman and Elgie appealed to the Zoning Board of Appeals for permission to leave their ',
motorhome in their driveway,but their appeal was denied.The Board cited that the ordinance
had been "drawn for the health, safety and welfare of the community." The Grabitzes were a
given 30 days to move their motorhome.
At that time, the ordinance specified that RVs could be parked or stored outdoors in any
ea et t
single family residential district, but only in the rear yard. F
''''4' The couple then appeared before the Frenchtown Township Board to ask for a variance.
Speaking in their behalf was Tomaro.
%, ,4, He persuaded t`�ne board to request the Planning Commission to schedule a meeting to x
'` hear the views and comments of residents in the township concerning RV parking. Tomaro
f - became spokesman for the RVing community throughout the following proceedings.
On Sept. 22, 1983, the Grabitzes and Tomaro appeared before the Frenchtown Planning
I Commission, but,heir request to have the ordinance reviewed fell on unsympathetic ears.The ` .
Commission didn`t want to open up a Pandora's box.`'
Not acceptin this defeat, the Grabitzes and'another couple, who also had received a a '
1• citation, paid for z;n ad in the local newspaper inviting anyone interested in RV parking to
taata. '`' attend a meeting.
At that meeting, attended by several interested residents, it was determined that a petition f i`
would be circulated to gather signatures to present to the Board, asking for a revision of the ,
l ordinance. Although it was during the holiday season, committee members managed to get '
4 fa nearly 1500 signatures in just two weeks.
In early January, the petition was presented to the Frenchtown Township Board. As a
5
at
7' result of the number of signatures, the Board sent the Planning Commission a letter recom- <
0 mending that the Commission consider holding public hearings on the situation. It was deter-
L mined that something must be wrong with the current ordinance when a small committee
managed to get 1500 signatures in just two weeks. Even allowing for multiple signatures from
La
a single household, that still represented 700 property owners; with 6300 households in the
i. ' township, the signatures represented more than 10 percent of the residents.
...,. After the initial hearing,'members of the Planning Commission agreed that the matter .,n.
should be addressed, and arranged to personally tour the township to determine what steps
could be taken to properly amend the 11-year-old ordinance.
At the next meeting, Tomaro was asked by the Commission to organize a committee with ,
33
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' three other residents to study the problem and present their ideasM a solution that would be
acceptable to the community, After meeting among themselves, the newly-formed committee
then met with the Planning Commission. By then, it was March 8, 1984.
I- ,$ , Both sides made concessions that they felt were reasonable. The Planning Commission
agreed to allowing RV parking in driveways,but it was pointed out that this would block access
r to most garages and carports. After more meetings and discussions, it was determined that
parking immediately to the side of and adjacent to the driveway would be permitted on a r+"'
parking pad,with a minimum of six inches of compacted 21-A gravel or the equivalent. All
parties agreed to this compromise.
", After the necessary readings at Commission meetings, the proposal was sent to the Town-
: ship Board where it was approved by a unanimous vote.
It took ten months and perseverance on the part of the RVers, but it was a good example
f,, of what can be accomplished. From a small voice . . . that of the Grabimes . . came a major
revision in an ordinance that had been on the books for more than a decade.
Had this approach not been successful, the committee was prepared to go through the
necessary procedures to put a referendum on the ballot and take their fight to the voters.
::: Fortunately, this was not necessary.' w
h.,, , ",< Throughout the negotiations, the meetings attracted extensive press coverage, helping the ; ,,
RV committee in enlisting the assistance of others in the community i4`
k' Charter Township of Frenchtown ,,
n
` oree Ordinance No 100
s ,
The Charter Township Board of the Charter Township of Frenchtown, County of Monroe,and
State of Michigan, ordains: ;
To amend the text of the Frenchtown Charter Township Zoning Ordinance No. 100 as follows: ,,
f; _ Amend Ordinance No 100 Section 4.05 Paragraph (e) to read as follows: .nee a Recreation vehicles where parked or stored may be located in the front, rear or one ar
'
ea
. ;, , side yard separately or in the following combination; front yard and one side yard, rear yard and
ea na{ one side yard.In no case shall recreation vehicles be parked or stored in the front, rear and one
side yard in combination. In the case of a side yard recreation vehicles may be parked or stored
a`- , in only one such yard, that being the side yard closest or immediately adjacent to the main
t s driveway. When recreation vehicles are parked or stored in the rear yard or the side yard, the
location of all such vehicles shall conform to the minimum yard space requirements for
accessory buildings in the zoning district where located provided,however, said recreation
re} ,? vehicles may be located closer to the primary building than ten (10) feet. When recreation
1 vehicles are parked or stored in the front yard the location of all such vehicles shall riot be closer
'`` than twenty-one (21) feet from the edge of the traveled roadway and shall be restricted only to
F the driveway portion of the front yard or a designated recreation vehicle parking or storage area
immediately adjacent to and having direct access to the driveway. In the case of a designated J.
parking or storage area located in the front yard, said area shall as a minimum be constructed of
0 ' a six (6) inch depth of compacted 21A gravel or equivalent approved by the building inspector.
For the purpose of this se`.ion of the ordinance a driveway shall mean the paved or unpaved
strip of land leading directly from the traveled roadway to the garage or residence. Said area
shall not exceed beyond one (1) foot on either side of the existing garage. Where a garage is not
r! ® located on the site, a driveway may not be greater than 21 feet in width. a'
Circular drives or similar facilities shall not be considered part of the driveway or a
designated recreation vehicle parking or storage area for the purpose of this section of the
ordinance.. On a lake lot, all of the above requirements shall apply except that a vehicle so
stored on the lake side shall be set back twenty (20) feet from the lake lot line.
When effective:This Ordinance shall become effective thirty (30) days after final r passage and publication in the Monroe Evening News, a newspaper having general circulation in
x ,f ` Frenchtown n.
Charter Township,Monroe County, Michigan
Frenchtown Charter Township Board By Bernard J. Felder Authenticated:
at et Frenchtown Charter Township By Robert J.Norwooc te
Monroe County, Michigan July 3,1984 ,_
f - 34•a S
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NEBRASKA, Bellevue
r
A few months aer the establishment of a favorable RV parking ordinance in Albuquerque,
New Mexico (see page 41), Good Sarver Victor Clarence of Bellevue, Nebraska, served on a '
G
similar committee with the same favorable results.
Using the Albuquerque ordinance as a guideline, the Bellevue committee tailored it to suit M,
the needs of their own community,
ORDINANCE Na 1115• .',
' AN ORDINANCE RELATING TO PARKING AND STORAGE OF •"' RECREATIONAL VEHICLES,TRAILERS AND BOATS;
�, DEFINING TERMS; PERMITTING PARKING AND USAGE
{ " THEREOF; REPEALING SECTIONS 2240, 2241, 2437, 2438, :
=
24371, 24381, 2537, 2538, 2637,AND 2638 OF ORDINANCE
N . 770, THE ZONING ORDINANCE OF THE CITY OF
4 BELLEVUE; TO PROVIDE AN EFFECTIVE DATE. •
i `> Be it ordained by the Mayor and Council of the City of Bellevue, Nebraska: T
Section 1. For the purpose of this ordinance, the following definitions are hereby
`' adopted:
RECREATIONAL VEHICLE means a vehicular unit not exceeding 40 feet in overall ;,'
length, 8 feet in width, or 12 feet in overall height, primarily designated as a temporary living
quarters for recreational, camping or travel use; it either has its own motive power or is
»' designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes
motor home, truck camper, travel trailer, and camping trailer. A vehicle meeting the above
definition except for size is not deemed incidental to a dwelling unit.
t
TRAILER means a vehicle without motive power, designed so that it can be drawn by ,
motor vehicle, to be used for the carrying of persons or as a human habitation. However, a
°. structure which meets the requirements of the Building Code of the City of Bellevue in all ways,
a;; including foundation, is not a trailer, whether or not it was once a vehicle.
t y
BOAT means a vehicle for traveling in or on water, not exceeding 40 feet in body ,,
'e length, 8 feet in width, or 12 feet in overall height. Height includes the trailer, if the boat is {
mounted on a trailer. A vehicle meeting the above definition except for size is not deemed `
~ incidental to a dwelling unit.
•
{ YARD, FRONT, means that part of a lot between the front lot line and the front(s) of
the principal building on the lot, and extended to both side lot lines.
0„. YARD, REAR, means that part of a lot between the rear lot line and the back(s) of the
principal building on the lot, and extended to both side lot lines.
YARD, SIDE, means that part of a lot not surrounded by building and not in the front
Lor rear yard.
ti; ®'� Section 2. In all residential zones provided for in the Bellevue Zoning Code, it is
permissible to park a recreational vehicle, trailer, or boat and boat trailer in the following
i manner;
"� a. Parking is permitted inside any enclosed structure, which structure otherwise .�
conforms to the zoning requirements of the particular zone,where bated;
b. Parking is permitted outside in the side yard or rear yard provided it is not nearer ,1I
than 2 f to the lot line; d ;
, , '`■` c. Parking is permitted outside on a concrete driveway, provided; 1
..
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RECEIVED PLANNING
AUG 1$ 1992
1.t • Chapter I
A'
Negotiating r Your RV Parldng Rights ,,,,,
Owners of recreational vehicles don't expect non-RVers to share their enthusiasms for s.
a;; traveling by camper, trailer, or motorhome. It's the freedom to choose lifestyles that makes this
a truly free country where we have the capacity to pursue our own interests. {..
-'_',',;:e4.-,t However,RV owners do expect the right to use their private property as they wish as long
as it does not affect the health, safety, and welfare of neighbors and fellow citizens. 4 1.1''.
Unfortunately, there are a lot of non-RVers who do not share this attitude. For the past c '
i ti two decades, these anti-RV forces have become increasingly vocal in their objections to seeing Y et
;
RVs parked in their neighborhood, either on the street or within the private limits of the RV
r ,
owner's property lines.
1,.! Why?Most objections are based on the grounds of aesthetic values,putting forth the premise a ,-
e that RVs reduce property values and are an eyesore. Since objections to RV parking on this a,
L basis alone was defeated in the now famous Euclid, Ohio, case that was heard by the United "
" :' States Supreme Court (see page 45 in this publication), the anti-RV forces have resorted o
fighting RV par"`kinj rights out -basis of t ae health, safety, and welfare of the neighborhood. •
1 Ya
', initially, they frequently have the backing of local government officials, but members of •
x the :Wing community have on many occasions, been able to counteract this trend. By co- t
ti
' operating with city and community zoning officials, they have worked out compromises that or t`
satisfy the 'majority of both RV and non-RV owners
The purpose of this publication is to acquaint those facing anti-RV legislation with the e:
t ' methods which other RV owners have utilized to gain favorable legislation.
} Promptness and'cooperation are key words when approaching the problem. Every RV
`.' owner should be aware of the existing ordinances within his or her own community. Some .
_a , have learned, the hard way, that anti-,RV parking legislation has existed for many years, even '
, ,` decades, only to be overlooked until some disgruntled property owner requested action from
' the local law enforcement agency. '
ge If an RV owner discovers that his community has legislation on the books against RV 7
re parking, one approach might be to let the sleeping giant alone, but this could be dangerous;
5 c once that first citation is issued, a situation evolves that frequently gets out of hand and is '
difficult to fight. fr,
' There is another problem. A city council can quietly enact anti-RV parking legislation tt
`' al .- without the knowledge'of local RV owners. This has happened on more than one occasion,
w ° and once this legislation is on the books, it is far more difficult to change than if the RV owners ta
...1 are vocal early in the negotiations. ''
Every RV owner should become a committee of one to be aware of zoning changes that
are being discussed in his city or town. This is admittedly easier in a smaller community where r
such news is published in the local newspaper, but notices of hearings are public information ,
and must be published in some manner.
Once it has been established that a community is considering any changes that are going
to to affect the rights of RV owners, it is time to take action,but in an orderly manner
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The first step is to organize; work through Good Sam chapters to enlist the assistance of y'.
rt • the RVers in your area. From that nucleus, select a committee to canvass neighborhoods and.
contact homes where RVs are parked. An inexpensive advertisement in the local newspaper
t'_ t r
announcing an organizational meeting can bring in still more support, and frequently local RV
dealers will be willing to lend their support by paying for advertisements or flyers to be delivered t'
to RV owners.
Other sources of support may come from RV manufacturers and the clubs they sponsor ..a.
, E ; .. as well as other recreation-oriented groups. If the law restricts RVers' rights, it could extend to
other interest groups such as motorcyclists, boaters or off-road enthusiasts. Finding out how
this law is going to affect multiple use vehicles, such as vans and pickups, also could swing a
lot of residents to your side.
' From this gathering, it is essential that a spokesman with a cool head and calm but firm
approach be appointed to represent RVers at public hearings and to the press. More than one ,: ;
should be prepared, with each presenting a different aspect of the problem.The rhetoric should ,
:. be organized. To have one speaker after:another stalk to the microphone and harangue about
s the same issue does no good and creates a lot of ill will from non-RV owners as well as elected
••9t
st q officials. An orderly presentation gains more support and respect
i Numbers talk. Although you have only a few spokespersons, 'ust having RV owners show
fi up and demonstrate their strength in numbers has been a very effective element in past situations.
r It convinces legislators that here are people who are sincere in their requests to exercise their
property rights. it
■' ` Again, the gathering should be orderly. It is rare that the anti-RV forces are as organized ,
f or generate as much support as those for RV owners' rights. .;;ert
Suggest that a committee be formed of all of those involved(RVers,anti-RVers and officials)
te
to work out a solution to be presented at a future public hearing.
t 1 Be reasonable in your requests. Demanding the unlimited right to park an RV anywhere
Y property g g Y sympathy. Study on your without regard for others is not going to meet with an s ath . Stud
_ ordinances that have been successful in other communities, and use them as guidelines in
. ,sit establishing one that suits your community.
"' If opposing forces object to RVs parked in front yards, suggest that they be parked on
' h paved or graveled surfaces specifically designed for that purpose.If they object to an RV blocking r
the view of neighbors, establish a reasonable setback.
'
- ti tl Show that you are good citizens, concerned about your community just as they are, but .
' `
-, also concerned about your personal property.
A survey of the RV storage spaces in your community might be in order. When compared
'k - with the number of RVs involved, it very well could demonstrate that there are not sufficient a.
z • spaces to accommodate all of the RVs in question.
Maintaining a good image in your community is most important. Keeping your RV and
., L ; the area surrounding it neat and tidy will help you in your argument to keep it on your property.
5 An RV that obviously is neglected and has weeds growing up around the wheels and leaves ;
m piled around it is bound to draw more criticism than one that is properly parked and maintained. ta
If it is necessary to enlist the aid of an attorney, be sure to have him send for Good Sam's
o -a legal brief to assist him in preparing his case in your behalf. That, and this manual,could save te
him hours of research and save your committee needed funds. ,
Don't be timid about asking questions. Why did the question of RV parking surface? And
from what source? How many residents are really against RV parking? Is it only a disgruntled
' _: few or is there a trend in this direction involving a majority of the residents? Frequently just
one or two families can stir up a real storm. d'
,- If the situation cannot be resolved through the usual procedures of public hearings and a
vote of the local governing board,then take your issue to the voters in the form of a referendum. °'
If the voters turn thumbs down, then at least the answer is definitive and not decided by
7 Q
• `�
3 'a handful of anti-RV prope owners. r
Just remember that it is not a hopeless situation; you are not alone in your efforts. Not
': .all corrmmuinrties`succeed in their efforts to obtain favorable legislation, but many are finding ..
' 1 d_at elected officials and judges are swayed in the direction of the wholesome life-style and j
family togetherness that RVing represents.
Every time RVers present a reasonable argument and win,it is bound to influence another
core munity somewhere in this country. That is one of the purposes of this document, to aid y
others by providing inform tion of organized efforts that have yielded successful results. `,
Don't give up without turning over every stone.As the RVing community grows in numbers
and strength, so do your chances to obtain pro-RV ordinances.
We sincerely hope that the information provided to you by TL Enterprises, Inca will be
`- beneficial to you and all of the RU owners of your community
.,., •"j.
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fn }. 4
- 1 ARIZONA, lend e
ra;.
. Virtually every resident in the com nunity of Glendale, Arizona, was violating a local -:'
ordinance that specified that no vehicles, including cars and trucks, were allowed to be parked `-',
in driveways. The law required that all be parked in carports or in garages, and that trailers be `"
stored in the rear one-quarter of private property.
It wasn't until Good Samer Bruce Varner received a citation for parking his motorhome
in his driveway that the actual letter of this law was brought to the attention of the community's ;`>
residents.
Most of the homes in Glendale were constructed at a time when side yards were required
s to be only seven feet wide which made putting RVs in back yards impossible. Realizing that
they had a problem, city officials mandated the City Planning and Zoning Commission to draft
'''" a new ordinance which would cover all vehicle parking, including RVs.
In order to protect their interest,RVers rallied to attend the hearings concerning the direction
.. this new ordinance would take, and soon realized that they were up against a commission
a..{' with anti-RV sentiments.
- : Good Samer Merle Peck studied Good Sam's Legislative Kit to prepare a pro-RV presen- ,
taion for the commissioners. He concentrated on the Euclid, Ohio, ruling (see page 45 in this :!,
'`1.,,-,''nen r, issue of the Parking Rights Manual). Good Samer Floyd Getsinger was appointed to present
r x =' this information, but he was met with a cold reception by the commissioners who requested
J9 f`
that he make it fast; they were not interested in hearing any legal opinions.
an a, However,the little information he did present piqued the commissioners'interest sufficiently
-; "13 to delve into the subject.and to look into the Euclid decision. f;,
Yielding to pressure from RVers and the strength of the Euclid case;the commission finally , �''
` approved a new ordinance favorable to RVers. However, the commission failed to present the ..
decision to the city council for a vote within the required 30 days. The RV contingent brought'
{ this to the attention of Glendale's city'manager who took action to complete the proceedings.
. The city council agreed to accept the,planning commission's recommendation that the new
tl- ,ordinance be accepted.
,; ' ' During their battle, the RVing community called for support from two local dealers who
generously paid for flyers for distribution throughout the community.
. The entire proceedings took one year, but since a survey indicated that 25 percent of the
residents of Glendale were RV owners, it was a decisive victory
ti t9^ ``
,w j ORDINANCE NO. 123 W SEAS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, RELATING TO ',:'
THE OFF STREET PARKING OF VEHICLES; AMENDING AND ;'s',
ADDING PORTIONS OF APPENDIX A.ARTICLE XXV,
SECTION 82; AMENDING AND DELETING PORTIONS OF ,...`-
' CHAPTER 18A, ARTICLE I. SECTIONS 18A-I AND 18A-4 ALL
": OF THE CITY CODE: AND DECLARING AN EMERGENCY y Yap .
i
Be it ordained by the Council of the City of Glendale as follows:
1
SECTION 1. That Chapter 18,Article I, Section 18A-I is hereby amended to add the
i,g .. ; following definitions z.
U
'
„:„.„.....:,:
z
• . _,
+ "Recreational Vehicle. A vehicular type of unit forty( feet or less in length and eight (8) feet or less in width, primarily designed as a temporary living quarters for recreation, `
� : motive camping,or travel user which either(I) contains its own otive power as in the case of motor °� '
, ' homes, mini-motor homes, or recreational vans; (2) is drawn by another vehicle as in the case
° + s. of travel trailers,tent trailers, camper trailers,or watercraft on boat trailers, or (3) is mounted on
.,g another vehicle as in the case of truck campers.” '-.
ti d
SECTION 2. That Chapter 18A, Article I, Section I SA-4 is amended to read as follows:
`
No person shall occupy any mobile home in the City except in a mobile home park or
-, << mobile home subdivision, and no person shall occupy any recreational vehicle in the City except
f= in a mobile home park. No person shall park any mobile home on any lot or parcel of land `:
which is situated outside of an approved mobile home park or mobile home subdivision. .`
Recreational vehicles may be parked or stored on any lot or parcel of land subject to the
y provisions of Section 82, Article XXV, Appendix A of the Glendale City Code, provided that no
eat a"' living quarters shall be maintained or any business carried on in such recreational vehicle while
M= the same is so parked or stored."
' SECTION 3. That Appendix A, Article XXV, Section 82 (a) be amended to read ,
as follows:
(a) For the purpose of this article, an "off-street parking space" shall mean an area in ..
the form of a rectangle measuring no less than ten feet by twenty feet, except double carports or s
i
a garages shall be not less than eighteen feet by twenty feet exclusive of drives or aisles giving
" access thereto, and each such space shall be accessible from streets or alleys, or private �'.
- driveways or aisles leading to the front yard. _
^ tt, SECTION 4.That Appendix A, Article XXV, Section 82 be amended by addin new
'a ' ° paragraphs (I), (m) and (n) as follows: Y g
"(1) Any vehicle which is not otherwise prohibited by the provisions of this 're
' Ordinance from being parked in the front yard of a single-family or two-family residence lot
„,' et s may be parked in that front yard provided that such vehicles are parked on an improved
driveway or upon an improved parking surface, and provided that the total width of the parking ` t.
, area does not exceed either thirty (30) feet or fifty percent (50%) of the lot width as measured °'/
' at the front yard setback, whichever is less, For the purpose of this Section.improved driveway `':
or improved parking surface shall consist of concrete, asphalt,oil cake,crushed stone, paving
bricks, or such other improvements as may be approved by the Director of Planning which
would render the parking surface sufficiently dust free." "`
.:1.;,4"1,"-
-e,., "(m) No part of any vehicle parked in the front yard of a single-family or two family
taro residence lot in accordance with the provision of subparagraph (1) hereof shall extend over the
public sidewalk, of street curb where no sidewalk exists; nor shall any such vehicle be parked
within the area formed by a ten-foot by ten-foot (10'x 10') triangle as measured from the point '
' of intersection of the back of the sidewalk, or street curb where no sidewalk exists, and a side
A. k, property line extended to the back of the sidewalk,or street curb where no sidewalk exists,
,:. when such side property line is within five (5) feet of a driveway or an improved parking 'l`
p l� Y ( ) Y p l? g
p,r ... surface located on an adjacent lot."
"(n) Not more than one (1) unregistered or inoperable motor vehicle shall be stored '
0, _ , , ; on any lot or parcel of land within any Residence District, and no such unregistered or
ed inoperable vehicle shall be stored within the front yard.
SECTION 5. That should any provision of this Ordinance be held invalid, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision; and to this end, the provisions of this Ordinance are declared to be severable.
SECTION 6. WHEREAS the immediate operation of the provisions of this Ordinance is
0 necessary for the preservation of the public peace, health and safety of the City of Glendale, an
a emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from
,
and after its passage, adoption and approval by the Mayor and Council of the City of Glendale,
!M re
and it is hereby exempt from the referendum provisions and laws of the State of Arizona.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 28th day of June, 1983.
George Renner ATTEST: APPROVED AS TO FORM; REVIEWED BY
r Mayor Laverne Behtn William E. Farrell John Maitbie
s City Clerk City Attorney City Manager
12
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' A, Phoenix
The 67,500 RV and boat owners of Phoenix, Arizona, nearly became victims of legislation
4' ,r that was aimed at owners of large trucks and commercial vehicles,but included recreational ,`.
vehicles as well
" Through the diligence and persistent efforts of Good Sarver Lee Stedman Morris, this
discriminatory ordinance was not passed and RV owners of the nation's ninth largest city can
continue to park their vehicles on their own property.
t . The proposed front yard parking ordinance first surfaced before the City Council of Phoenix
in June, 1984, in response to complaints concerning oversized vehicles in residential areas. t .
• -, Only two RV owners, Lee and Doris Tyner, coowners of a 19-foot mini motorhome, were f:
present at that first meeting. At issue was a phrase in the proposed ordinance specifying that
a
, "recreation vehicles, boats, buses and trailers shall not be parked in the front yard of any
residence district. This phrase had been added to the ordinance regulating oversized vehicles
without statistics to back up the necessity for such a ban on RV parking. • a'
•
• .e.
e„-et,..„, r The proposed ordinance was referred to the Zoning Ordinance Revision Committee(ZORC) ` 4
for further study. {an
s ,"' ' By the time the ZORC meeting was held on July.12, Lee had enlisted aid from other RV
clubs and vehicle owners' organizations and received strong support from boat owners and i-
. j fishing organizations.In total,she had support from 14 groups,including marine product dealers.
The first meeting with ZORC was informal and provided the public representatives the '
i opportunity to present their views. Lee cited other communities where RV parking had been .,..,.
',:'
contested and legislation had been decided in favor of the RV owners. She stressed the fact '
:v4...,',.; ' that most of the residential areas in Phoenix do not allow sufficient space for side or back yard t
''...'en.,,,-,t•= parking. She also brought up the lack of alleys and the insufficient number of commercial
'''''•'--''. storage Iots in the area
-+` It was brought out that although theme had been complaints relating to "motor vehicles"
J, i there were no statistics about how many of the complaints were directly related to recreational }
vehicles. `'
', ®, , : The committee had failed to research the subject, but Lee had done her homework and
r presented them with statistics that would help them make an educated decision. rt
There are 67,500 boats and RVs in Phoenix representing 34 percent of the population of
' the city with 290,000 owners and users of this equipment; 190 businesses in Phoenix are }
devoted to the sales and service of these units; the annual registration fee on a new Class A -
, in motorhome is $700, more than many people pay in real estate taxes; the city sales taxes on
4' I i new RVs put $1,114,000 into the city treasury in 1983
1 An aid to the mayor told Lee that the resistance to the ordinance was the best researched v
i and most organized in the history of the administration. - _
On August 1, 1984, ZORC met for a work session and to review information, but the
Y meeting was not intended for citizen oral presentations. This was followed by meetings of the
Planning Commission on August 22 and October 4. At these sessions, realtors, who have
traditionally been considered anti-RV parking, stepped forward in favor of RV owners.
n. :' ` , During this entire time no organized interest groups stepped forward in opposition to RV
a parking.
x ,.
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• By October 4, the committee of two that had appeared at the first meeting to represent
„-;-,e, RV owners had grown to 200 as the snowbirds started filtering back to the area and vacationing t
RVers returned to their homes in Phoenix.As Lee noted,the timing could not have been worse.
The meetings took place when there were fewer RVers in Phoenix than at any other time of
year and during the hottest season when temperatures soar well above 100 degrees. They also
t'a fi,..4 were scheduled at inconvenient times, such as 3:30 p.m. when business people must leave
their jobs to attend or during the dinner and peak traffic hours.
At the conclusion of the October 4 Planning Commission meeting, still nothing had been °
determined, but the RV owners had gained two months to promote their cause. The final
session was set for December 17, again poor timing because of holiday activities.
At the final meeting,Mayor Terry Goddard,to whom Lee had been supplying information,
said that the planning department staff had been overly zealous in their efforts to respond to
•• parking complaints without further investigating the source of the complaints and the nature
of the vehicles initiating the complaints.
�' .. It was a major victo ry in a major city working and negotiating with poorly informed
committee members.Media coverage made Phoenix residents more keenly aware of the impact
RV ownership and related activities have on their community.
.; In response to the favorable decision, the RV contingent vowed to become a self policing
committee to go after those RV owners who do not properly store and maintain their vehicles,
making them objectionable to the neighbors.
nt
y <. As of this printing the ordinance is awaiting final approval by the Phoenix City Council.
, You may request information regarding this ordinance from the Planning Department,City •
• of Phoenix, 125 East Washington, Phoenix, Arizona 85004 Attention: Rick Counts, Planning
Director.
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ARIZONA Sierra Vista
" The community of Sierra Vista, Arizona, had no parking ordinance and, thanks to quick f.`
action from Good Sarners in that community, still has no ordinance regulating parking of any
vehicles.
The issue of RV parking was brought to the attention of the city council when a resident
complained about a trailer that had been parked in a cul-de-sac for "three or four years," with
a cord leading across the sidewalk to the RV. In response to the complaint, the council drafted t:
;` an ordinance.that would have been very restrictive to all RVs in that community.The proposed
14 11 ordinance would have permitted an RV to be "parked in any enclosed structure, in a side or
l
rear yard provided it was no nearer than two feet from a structure or outside in a driveway if
space was not available in the rear or side yard or 'reasonable' access to those areas was
blocked."
The ordinance also would have required the vehicle to be at least 10 feet from the owner's
property line and would not have allowed any part of the unit to extend over the public
c,:i=ewalk or thoroughfare.
f Good Samers Carl Kimble and John I-lulfin enlisted the assistance of RV s ers in Sierra
Vista by covering the community street-by-street,distributing copies of the proposed ordinance
and requesting their cooperation in attending the hearing concerning the ordinance.'
Their efforts paid off when 350 pro-RV residents filled the City Hall council chambers to
>< voice their objections to the ordinance. Their very presence was all that was needed, Although
,` the ordinance was seventh on the agenda,it was moved up to first to accommodate the crowd.
Then the council voted 7-0 to delete the proposed ordinance from their agenda, and never to
consider it again. The motion to delete the proposal from the agenda included the provision
'' that the city staff not draft another ordinance, and that the council not consider the matter at
a future date.,
The ordinance, if passed, would have carried a heavy fine and possible jail sentence for
violators.
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'--- - .-. Leandro
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In 1979,it looked like the RV owners of San Leandro, California,were in for a hard time
A proposal before the city council went beyond street parking restrictions, which would have
`° ? - prohibited parking of all oversized vehicles between the hours of 2 and 6 a.m. The proposal
also extended to off-street parking,and would have prohibited parking within the 20-foot front
yard setback area of residences. '
< This ordinance would have encompassed vehicles in excess of 20 feet in length, 7 feet in .
��t< " height,and 7 feet in width.The ordinance was drafted in response to complaints about problems
e;: of visibility due to oversized vehicles on streets and in driveways. Station wagons, vans, and
' pickups with shells were to be exempted from the restrictions.
• µ,-' ' Council members agree that, should the ordinance be passed,it would not apply to show-
term parking situations; complaints were to be issued only after a vehicle had been parked in ,
-,.,'_{ one location for a sufficient time to be considered "long-term."
Good Samers in San Leandro went into action. First they learned that there were not
s. sufficient storage lots nearby to accommodate all of the RVs that would be in violation of the • •
proposed ordinance. They gathered their forces and voiced their complaints to the city council.
d i.•
.i f Members of the council listened, and the resulting revised ordinance is more favorable to
•- ,•
4` :'• most RV owners than the one originally proposed. It specifies that RVers unable to park their � °�
�R vehicles behind the 20-foot setback, and who have no reasonable access to either the rear or
side yard, may park their vehicles in their driveways, provided they do not extend over the
ky,
public sidewalk.
'°LL• ' Y As for street parking, non-motorized vehicles are not allowed to be parked between the :
hours of 2 and 6 a.m. ;`
.4,' a,
%; San Leandro,California
TITLE VI VEHICLES
R + Chapter 1'raffle Control
A variance granted pursuant to these provisions shall remain valid only so long as the 5,,
' necessary facts established in order to obtain the variance continue to exist. f,
tt a (b) Off-Street i'arking Of Vehicles Of Certain Size; Residential.
M (I) No motor vehicle exceeding the following two (2) dimensions: twenty (20) ,
.' 1 feet in length and seven (7) feet in height shall be parked or left standing
within twenty (20) feet of the front yard or street side yard (on a corner lot) 5
side of the sidewalk; provided, however, that such motor vehicles may be so '
parked or left standing on the driveway portion thereof, i1 space is not "'
available upon the driveway off ci►e vehicles to be parked'beyond said twenty
(20) feet, or if space is not available in the rear yard or side yard,or there is
no reasonable access to either the rear yard or side yard; a earner lot is
". presumed to have reasonable access to the rear yard.
(2) Not withstanding paragraph (b)(1) of this section,no part of any motor
vehicle may extend over the public sidewalk.
(c) Non-Motorized Vehicles.
" No vehicle other than a motor vehicle as defined by California Vehicle Code
§ 415 shall be parked or left standing upon any street between the hours of 2:00
a.m. and 6:00 a.m.
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CALIFORNIA Agoura s {
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Even the home of Good Sam Club's International Headquarters,Agoura,California,wash' , .,
exempt from restrictive RV parking. However, legislation passed in that community in Octob..
1983, only affects street parking, not parking on private property. '
Nominally, in the interest of safety,the city council of that community passed an ordinan•a
_ that restricts the parking of an "oversize vehicle" on any public street or highway within..' •
_' residential zone between the hours of 9 a.m. and 5 p.m. The ordinance does not apply t '
persons who actually are engaged in loading or unloading an RV or anyone who is .;1 ',.t
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emergency repairs.
,' Since the ordinance allows street parking between the hours of 5 p.m.and 9 a.m.,reside C ,, • , ,4;•.
using their RVs for daily transportation can utilize this space for overnight parking. fi,+ .,
t+., - ORDINANCE NO.33 j z i;
,,' AN ORDINANCE OF THE CITY OF AGOURA HILLS
CONCERNING THE PARKING OF OVERSIZE VEHICLES AND
CERTAIN COMMERCIAL VEHICLES ON PUBLIC STREETS `
-a.`,--.a.'', AND HIGHWAYS AND AMENDING THE AGOURA HILLS , ,4. .;
a, ° MUNICIPAL CODE
The City Council of the City of Agoura Hills does ordain as follows: {J
a ' Section 1. Chapter 2 of Article III of the Agoura Hills Municipal Code is amended by .
>Y t r, ; adding Sections 3201 and 3202 to read: _.`
3201: Oversize Vehicles-Parking within Residential Zone. al
(a) No person shall park or leave standing upon any public street or highway within a ,+
a., a residential zone, as amended, any oversize vehicle at any time between the hours of 9:00 a.m. ,
k is and 5:00 p.m. For the purposes of this section, the term"oversize vehicle shall mean any '
. vehicle or combination of vehicles which exceeds eighteen feet (18') in length, eighty inches
a. ' a : (80") in width, or eighty-two inches (82") in height, exclusive of projecting lights or devices
2 allowed by Sections 35109, 365110, or 35112 of the Vehicle Code as may be amended.
q j (b) TThis section shall not apply to any person who is actually engaged in the loading
or unloading of any non-commercial oversize vehicle or is actually engaged in making
emergency repairs thereon. Further, this section shall not apply to any commercial oversize f
— vehicle making pickups or deliveries of goods, wares,and merchandise from or to any building
; or structure located on a public street or highway within a residential zone or delivering
au materials to be used in the actual and bona fide repair,alteration, remodeling,or construction of ti
' any building or st ucture upon a public street or•highway within a residential zone for which a
.' budding permit has previously been obtained.
it
(c) Violation of this section is hereby deemed to be an infraction and is punishable
according to the provisions of Section 1200(b) of this Code. Furthermore, pursuant to Section
{ ,, 22651 of the Vehicle Code, any oversized vehicle parked or left standing on a public street or
...-,,,,a highway in a residential zone in violation of this section may be removed from the street or Y
j ' highway upon which such vehicle is parked or left standing.
r PASSED, APPROVED AND ADOPTED this 19th day of October, 1983, by the following • };`
'' �' AYES: 4 Frances J. Paviey ATTEST:
NOES: 0 Mayor E. Fredrick Bien a
y ABSTAIN: 1 City Clerk ,l
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CALIFORNIA, Redondo Beach ..
4
y , Another example of how one person can make a difference comes from Redondo Beach,
F z California. . .
.-..,..'t!„.:;....,,, It was in 1980 that Good flamer Dr Win Buckner almost single-handedly defeated the
r^ Redondo Beach City Council's proposed anti-RV parking ordinance.
Buckner protested the proposed legislation in person at a City Council meeting, utilizing
•
. : information from the Legislative Kit to support his argument. He succeeded in getting the
councilmen to postpone their decision on the ordinance for one week.
It was a bus week •for Buckner. Ile wrote and had
Y printed 500 flyers which he and his 1 ,
e•.,:•ee wife distributed on every parked RV they found, driving nearly 100 miles on city streets and
through parking lots. t
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When the council met the following week, Buckner was pleased to see City Hall packed i F
=X and overflowing. Fifty of those attending the meeting were, like Buckner, prepared to deliver s'`
` speeches in protest of the anti-RV parking legislation.
', ; After only six of these speeches, the city councilman who had introduced the legislation
` announced that he would withdraw his motion. Without the alertness of Buckner, and the
support of those he contacted,the legislation probably would have been passed and signed into
'' law before the RV owners of that community were aware of the restrictions being imposed on
ahem. ,,Y:,
t .'#, Once again, it stressed the importance of knowing what is going on in the community. ';•
a, The proposed legislation would have allowed motorhomes to park in the front yard area $,,
on approved driveways which lead directly to a garage. Non-motorized RVs could be parked
on driveways,side yards,and back yards if they were behind the front line of the main structure
a ii : .. on the property.
'Redondo Beach,California
O. ,
..i � I. Regulations for parking and/or storage for each lot or parcel in all residential land
, use districts as designated by Section 10-2.1406 of Article 2 of this chapter.
(1) Storage and/or parking, for more than severity-two (72) consecutive hours,of
+� boats, house trailers, camp trailers, detached camper-trailer tops, dismantled vehicles,and other
t� trailers in the front yard area ("front yard area" defined herein for the purpose of this section as '�
( • the area measured from the front property line to a line parallel with the face of the front wall
of the main building located the greatest distance from the front property line and extending the
full width of the lot or parcel) shall not be permitted. in addition to the above regulation, `..
storage in the front yard area for more than seventy-two.(72) consecutive hours of any materials
(lumber, metals, plastics, etc.), fixtures,appliances, machines, trash, waste, or other materials
twhich are not customarily considered as a decorative landscaping feature is hereby prohibited.
" (2) On the street side of corner or reversed corner lots,storage and/or parking for
}i = more than seventy-two (72) consecutive hours of boats, trailers, or similar items,in the side or
'- ' `: A rear yard area, shall be shielded by a decorative wall or fence sox (6') feet high to minimize any •'-
undesirable appearance from the street and surrounding property; except on the street side of ;y.
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- reversed corner lots no storage shall be permitted closer to the street than the required setback of t
" - the adjacent interior lot.
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I y� (3) Storage for more than seventy-two (72) consecutive hours of any commercial or :,
�c�nsiruction equipment or materials, or storage and/or parking for more than seventy-two (r2) ;
consecutive hours of boa ouse traders,camper trailers, detached c er-trailer tops, vehicles,,
or dismantled vehicles,on vacant lots or parcels in the residential districts shall not be permitted.
(4) Private automobiles and motor vehicles which are operative may be parked or
stored in the front yae;i area only on approved driveways which lead directly to a garage. ,'
(5) Storage for more than seventy-two (72) consecutive hours of any commercial or
construction equipment or materials on any lot or parcel in the residential land use districts is
hereby prohibited except for equipment and materials being used for construction on the
premises where a valid building permit has been issued or applied for. 7
(6) House trailers, mobile homes, campers,or boats shall not be occupied or used as
a dwelling unit in any land use district unless located in a trailer or mobile home park which
has been approved by the City.
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CALIFORNIA, IA
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Dick Fish, Good Sam's Northern California state director, spearheaded an effort in Sun- .::
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nyvale, California, that resulted in favorable legislation for RV parking on private property. �
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The Sunnyvale issue dates back to 1957 when overnight on-street parking was prohibited;
this ordinance was repealed in 1968 since its enforcement was not considered either practical
' R or in the public interest.
j In 1976, a new ordinance was proposed concerning parking and storage of recreational {
�« vehicles in residential areas. In a report prepared for the mayor'and city council members of . _
Sunnyvale by William F Powers, director of community development at that time, it was
,.{ observed that at a city council hearing concerning the proposed ordinance, "overwhelming
z opposition was expressed by some to specific points which might well have been modified ed so '
as to become acceptable, but by the most vocal majority opposed to any regulation."
'' This opposition, of course, came from the RVers attending the hearing:
Because of that opposition, the city council decided to take no further action at that time, i
;` but this did not eliminate the problem. Based on first-hand observations and continuing corn-
plaints, there still was a need for some parking ordinance regulating RVs. ,
" A casual survey at that time also indicated that the number of recreational vehicles was e.
growing, particularly small and medium-sized vehicles. (This was following the gasoline crunch
of the mid-1970s.) The survey also brought to the attention of the city council the increasing
number of vans, either converted or convertible for camping use, and pick-up trucks which r
1/ were being used as second family cars in place of station wagons.
},=; In his report, Powers further stated: "These changes seem to support the previous rec-
, e.;'` ommendation that the basic problem is one of parking for vehicles in general rather than
recreational vehicles as such and that any distinction should probably be made on the basis of
size rather than use." !..;.,
Powers recommended several courses of action, and the resulting legislation makes it
• se ' ; possible for RV owners•to park their vehicles in front and side yards under specified conditons.
Sunnyvale,California
- 19.48.240 Parking and loading areas—improvement standards. The surface of areas
M designated as parking and loading areas and their approaches shall be paved with asphaltic or
0 Portland cement concreted surfaces, and bumper guards, stall entrances, and traffic flow
markings, shall be provided and maintained in conformity with standards approved by the
directory of community development. Provided, however, that in R-O and R-1 zoning districts,
the surface of parking areas and their approaches may be some other stabilized permanent 4,;:
surface in conformity with standards ap roved Al he director of community development. (Ord.
1949-79 § 2: Ord. 1786-75 § 7, 1975: Ord. 1085 § I (part) 1963: prior code § 10-3.1.025).
1
.'- 19.48.260 Parking in from and side yards—When allowed: Except in a corner triangle �:
..,''T:' on corner lots, parking is allowed in the required front and side yards in all residential zoning
districts. Provided, however, that in R-O and R-1 zoning districts such parking shall be limited to
r: currently licensed operable vehicles; shall be on a stabilized permanent surface installed in
' = accordance with Section 19.48.240; and that such parking area shall not cover more than fifty
percent of any required front yard. (Ord. 1949.79,§ 3: Ord. 1085 § 1 (part), 1963:prior code ?�'
rd
§ 10-3.1027).
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, ejo
Serving on committees and attending meetings can result in favorable legislation. That's
4r ; what the RV owners of Vallejo, California, found out when that community was in the process
of drawing up an ordinance to regulate RV parking.
Representatives of the Good Sam Club and other RV organizations were invited to attend
meetings with the City Council and deputy city attorney of Vallejo to offer their suggestions ;�
and opinions on the direction that the ordinance should take. After a number of meetings that
generated input from all segments of the community,the final form of the ordinance was agreed
' upon and voted into law.
In addition to permitting RV storage on residential property, the ordinance provides for :�'
temporary use for sleeping purposes by friends, relatives or visitors for a period not to exceed
„k
30 days in any one calendar year
ORDINANCE NO.218 N.C.(2d)
' t AN ORDINANCE OF THE CITY OF VALLEJO AMENDING THE x,
VALLEJO MUNICIPAL CODE BY ENACTING, ADOPTING AND
` > ADDING THERETO, A NEW CHAPTER TO TITLE 7, SAID NEW
CHAPTER TO BE NUMBERED CHAPTER 7.96, PROHIBITING
t:,;:.,
THE OCCUPANCY OR USE OF MOBILE LIVING UNITS AS
' ` DEFINED THEREIN BY ANY PERSON FOR LIVING OR
SLEEPING PURPOSES UPON ANY STREET, ALLEY, LANE,
'': HIGHWAY, MUNICIPAL OFF-STREET PARKING LOT, OR
OTHER PUBLIC PLACE, OR UPON ANY LOT, PIECE, PARCEL,
OR TRACT OF LAND WITHIN THE CITY OF VALLEJO:
''' ;=r' SUBJECT TO CERTAIN EXCEPTIONS AS EXPRESSED
THEREIN; EXEMPTING THE PARKING OR STORAGE 1'.
•,, THEREOF WHEN NOT USED FOR LIVING OR SLEEPING .
PURPOSES IN VIOLATION OF CITY ORDINANCES OR '
,' z', REGULATIONS; PROVIDING PENALTIES FOR VIOLATION OF
_, „ THE ORDINANCE AND A SEPARABILITY CLAUSE; AND
`} :w REPEALING SECTION 10(a) OF ORDINANCE NO 430 N.C..
AND ALL OTHER ORDINANCES AND PARTS OF ; ,
ORDINANCES IN CONFLICT OR INCONSISTENT THEREWITH. ,-
n' The Council of the City of Vallejo does ordain as follows: 7.
SECTION 1.The Vallejo Municipal Code is hereby amended by enacting, adopting and adding
thereto a new chapter to Title 7, said new chapter to be numbered and read as follows: ';
- CHAPTER 7.96
CO ; MOBILE LIVING UNITS
s
Section 7.96.010. DEFINITIONS. As used in this Chapter: z
"Mobile living unit" means a camp car, commercial coach, mobile home, recreational
vehicle, or travel trailer as each of these terms is defined in Chapter I (Sections 18000.18013),
Part 2 (Mobile Homes) and in Chapter 1 (Sections 18200.18220), Part 2.1 (Mobile Homes Parks
Act), Division 13 of the Health and Safety Code of the State of California, and a camp trailer, I
house car, or trailer coach, as each of these terms is defined in Division I (Sections 100-675) of
' t
1 :, the Vehicle Code of the State of California,or any other vehicle or structure originally designed,
or permanently altered in such a manner as wul permit occupancy or use thereof for living or 'i
` sleeping purposes, and so designed or equipped with wheels,or capable of being mounted on
wheels and used as a conveyance on public streets or highways,propelled or drawn by its own
21
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6 or other motive power,excepting a vehicle or device used exclusively upon stationary rails or
tracks.
, '' "Person" means and includes any natural person,partnership, firm,company,
corporation, trust, or unincorporated association. 1`
' Section 7.96.020. USE OR OCCUPANCY OF MOBILE LIVING UNITS FOR SLEEPING ', •
o PURPOSES PROHIBITED; EXCEPTIONS. It shag be unlawful for any person to occupy or use ,
any mobile living unit for living or sleeping purposes upon any street, alley, lane, highway, nes
municipal off-street parking lot,or other public place, or upon any lot, piece, parcel, or tract of
.s ,r land within the City of Vallejo except as provided below-and in Sections 7.96.040 and 7.96.050 i
of this chapter:
4. (a) Within a lawfully established and licensed mobile home park,
r recreational trailer park, travel trailer park, labor camp subject to Chapter 4 '''
(commencing with Section 2610) Part 9, Division 2 of the Labor Code of the State of '
- rj<
t California, or other like facility which is designed and equipped to operate for the
purpose of providing temporary or permanent accommodations for such mobile living in
units;and
(b) A mobile living unit may be occupied or used for sleeping purposes only
by friends, relatives,or visitors on land entirely owned by or leased to the host person
for a period of not to exceed thirty(30) days in any one calendar year provided that
is said mobile living unit shall not be connected to any utility,other than temporary
t electricity hookups,and provided further that the host person shall receive no po
compensation for such occupancy or use All temporary electrical hookup facilities el
shall comply with applicable state law and the Vallejo Electrical Code, No such mobile
i
" +. living units shall discharge any litter, sewage,effluent or other mailer except into
sanitary facilities designed to dispose of such material.
Section 7.96.030. PERMITTING PROPERTY TO BE OCCUPIED OR USED FOR SUCH
PURPOSES PROHIBITED. Subject to the exceptions set forth in Sections 7,96.020, 7,96.040 and iei
7.96.050 of this chapter,it shall be unlawful for any owner,lessee, or occupant of any lot,piece,
+ parcel, or tract of land within the City of Vallejo,whether for gain, hire, reward,or gratuitously,
' i' or otherwise, to permit the same to be occupied or used by any mobile living unit for living or
sleeping purposes.
r` Section 7:96.040. OVERNIGHT PARKING EXCEPTION. Nothing in this chapter shall be
`,- , deemed to prevent the temporary occupancy,for sleeping purposes, of a mobile living unit for a
'' single period of not more than fourteen (14) hours from the evening of one day to the morning ie
saiies iii. of the next day,if lawfully parked on a public street,when the following conditions are met:
(a) Said vehicle must conform to all applicable sections of the Vehicle Code
i of the State of California; si
y; (b) Said vehicle must have completely self:contained utilities, meeting all
applicable codes and laws of the State of California governing.such mobile living units, •
4, "
' as defined in Section 7.96.010 of this chapter, or meeting such requirements in the
•i,,,i i jurisdiction of registration, if the vehicle is registered outside of the State of California;
.I:
(c) The self-contained utilities described in (b) above must include toilet ,,
ai
e3. facilities; iii
,: (d) Said vehicle, or the occupants thereof. may not discharge or discard any ,
litter, effluent, sewage or other matter into any public street or way or upon any
private property while parked as provided in this section;
' (e) No mobile living unit may be parked under the provisions of this section
an
in any residential zoned district; and iii
' (f) No mobile living unit may be parked under the provisions of this section a'
anywhere in the City of Vallejo for two or more consecutive nights.
in. • Section 7.96.050. EXEMP'T'ION FOR PARKING OR STORAGE ON OWNED OR ~
LEASED PREMISES. Nothing in this chapter shall be deemed to prohibit the owner or operator ii
of any mobile living unit from parking or storing his mobile living unit upon premises owned, ti.
s-, leased, or otherwise lawfully occupied or used by him,so long as such.mobile living unit is not
s r,-en s occupied or used for living or sleeping purposes in violation of the provisions of this chapter,
Title 16,Zoning, of this Code, or any other applicable ordinance or regulation of the City of.
a { Vallejo. '
i s Section 7.96.0600 PENALTIES. Every person violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor,and upon a first conviction thereof shad be
a
.x'. `-v x' ;+.i ! , , :tv'r-' t a e ; a -
. punished by a fine no eeding ONE HUNDRED DOLLARS ($10 ),or by imprisonment in
p; the County Jail for not exceeding thirty (30) days, or by both such fine and imprisonment, and
upon a second conviction thereof shall be punished by a fine not exceeding TWO HUNDRED
} FIFTY DOLLARS ($250,00),or by imprisonment in the County Jail for not exceeding ninety
44
(90) days, or by both such fine and imprisonment, and upon a third or subsequent conviction
thereof shall be punished by a fine not exceeding FIVE HUNDRED DOLLARS ($500.00), or by t
::-...-5"..'-, : imprisonment in the County Jail for not exceeding six (6) months,or by both such fine and
. imprisonment.Every person continuing committing,or permitting any violation of the
.;: provisions of this chapter shall be deemed guilty of a separate offense for each and every day of
r t e : said violation of this chapter
Section 7.96,070. ENFORCEMENT. It shall be the duty of any Police Officer,the
Building Official, the Health Officer, and any other employee of the City of Vallejo designated by t.,..
the City Manager by writing filed with the City Clerk, to enforce the provisions of this chapter.
r ,*° The Budding Official, the Health Officer,or any regularly appointed employee of said Building
Department or Health Department,and any other employee of the City of Vallejo so designated
s. by the City Manager, are hereby empowered to make arrests and'issue citations pursuant to
Section 536.5 and 853.6 of the Penal Code of the State of California for violations of this
chapter.
SECTION 2.'SEPARABILITY.If any section, subsection,sentence,clause,or phrase of this °
ordinance is for any reason held unconstitutional or invalid, such decision shall not affect the
.r;n7 1 validity of the remaining portions of this ordinance.The City Council does hereby-declare that it
• would have passed this ordinance in every section,subsection, sentence,clause, or phrase
q ,' thereof, irrespective of the fact that any one or more sections,subsections,sentences,clauses,or `
phrases be declared unconstitutional or invalid.
SECTION 3. REPEAL OF CONFLICTING ORDINANCES. Section 10(a) of Ordinance No 430
:: N.C.adopted March 27, 1961,and all other ordinances or parts of ordinances in conflict with or
%. . inconsistent with the provisions of this ordinance are hereby repealed.
n_ SECTION 4 EFFECTIVE DATE.This ordinance shall take effect and be in full force and effect
from and after thirty(30) days after its final passage.
First read at the regular meeting of the Council of the City of Vallejo held on the 18th
T ' day of March, 1974,and finally passed and adopted at a regular meeting of the City Council
tt
5 ri held the 25th day of March, 1974, by the following vote:
AYES: Councilmen Bertuzzi, Cunningham, Curtola, Douglas and Sibley
y NOES. None
ABSENT: Councilmen Asera and Dubnoff, excused.
Signed/FLORENCE E. DOUGLAS et
Mayor •
ATTEST:
Signed/HELEN G.SEEBER
A" , City Clerk
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FL ItA, Boynton Beach
Good Samers in Boynton Beach,Florida,won a decisive victory and one of the most liberal .
`` RV parking ordinances on the books.
Prior to 1978,the existing anti-RV ordinance prohibiting the parking of RVs on residential . .-
property (except in a garage) was enforced only on complaint. This led to one RVer in the
community claiming that the practice of enforcing only in response to complaints was discrim-
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inatory; he had been cited several times while others in the city continued to park their RVs
A ,lr on their property without penalty since no complaints had been filed against them. •
` This lone RV owner's allegation led to a wholesale enforcement of the ordinance, and a 4=
loud cry of protest from RV owners who requested a new ordinance. t
The new ordinance went far beyond most in allowing not one but two RVs to be parked
a{ on a single residential lot provided that only one is parked or stored in the area between the
right-of-way and the structure on a hard surfaced area A second one may be parked or stored
in a carport, on a driveway (behind the front line of the structure) or in a rear yard.
The ordinance goes a step further in allowing additional RVs stored in an enclosed structure.
Chapter 20
i 4='..- RECREATIONAL VEHICLES,BOATS AND
,* BOAT TRAILERS ,
Sec. 20-1. Purpose. The purpose of this chapter is to regulate the parking and storage
of recreational vehicles and boats or boat trailers. These regulations are intended for and in the
best interest of the citizens of the city to provide easy access to recreational vehicles while
promoting the health, safety and welfare of all the citizens of the city. (Ord. No 78-2, § I, 2-7- '4.,.
)t;1. 78)
'psi-, "; Sec. 20-2. Scope.This chapter is intended to be applicable in all residentially zoned
xe areas within the city limits. (Ord. Noe78-2, § 2, 2-7-78)
Sec. 20-3. Definition.As used in this chapter,"recreation vehicle" means any travel 2
trailer, motor home, slide-in camper, or other unit built or mounted on a chassis, excluding>y:,t p $
. vans, designed without a permanent foundation,which is used for temporary dwelling or
r ; sleeping purposes and which may be legally driven or towed on a highway, and which body } '!
— ' length does not exceed thirty-five (35) feet and total body width does not exceed eight (8) feet,. >'
r I- or any boat or boat trailer, and all other sport type recreational vehicles and the trailers used to ;
store or transport all such recreational vehicles. (Ord. No. 78-2, § 3,2-7-78) '
Sec. 20-4. More stringent re ulations to apply. This chapter is primarily for the purpose
...e of protecting residential zoning.There ore, any ordinances of this city or laws of this state
'{ atli providing for the regulation of recreation vehicles,boats or boat trailers or motor vehicles are in
0 addition to this chapter and wherever any provision of some other ordinance or applicable
statute, whether primarily for the regulation of recreation vehicles,boats or boat trailers or
;: motor vehicles or for purposes of zoning,imposes more stringent requirements or limitations
then are imposed or required by the provisions of this chapter than the more stringent ee
requirements or limitations shall apply. (Ord. No. 78-2, § 7, 2-7-78)
Sec. 20-5. Effect on rivate limitations on land use.This chapter shall not be con-
{ -, strued to limit any ee restrictions, con ominium regu ations or similar private limitation more .a
..,, restrictive than the regulations contained herein. Further this provision shall not be construed as
r creating an obligation on the city to enforce private limitations on land use. (Ord. No 78-2, §7, 7
' 2-7-78)
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• RECEIVED PL.ANNfNG
O'DONNI3LL, RAMIS, CREW & CORRIGAN
JUL 1 5 1992
ATTORNEYS AT 1,AVV
JEFF H.BACHRACH CLACiCe 1MAS(:JUN'K'Y OFFIt
HflI�.OVS1€c ih'RIGH'T�U1LI5WC
MARK 1,.BUSCH 172; Hoyt street 181 N.Grant,Suite 202
N.W.
C HARLE E.C OB1UGA1�" Canby,Oregon 97013
Portland,Oregon 97209
SrEP1iEN h.C ti,Ew (503)285-1149
CImRLES-M.GREEFF TELEPHONE: (503)222-4102 t
WLILIAM A.MONAIIAN FAX: (503)243-2944
NANCY$:MUR33AY JAMES M.COLEMAN
MARK P.OTXINNELL F-1511 fE3'fi Rol.EL xon
.,. PLEASE.REPLY TO PORTLAND OFFICE
TIMOTHY V.RA1VIIS Special Counsel q`
•a S1IFJI4k C.RIDGWAY*
MIC JAEL C.RODINSON**
WILLIAM J.STAINAKBR
July 13, 1992
•1:so ADMnsea TO aucrnl IN suss or crasawarou
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1amso AVMTILD 10 MACA6l LT WC re
Mr. R. Perkins
11740 .W. 114th Place
Tiga , OR 97223
Re: Recreational Vehicle Parking
Dear Mr. Perkins
This firm represents the City of Tigard. Tim Ramis wanted me to
j
contact you regarding the letter which you sent him regarding ,
recreational vehicles. In that letter you cited the case of City
of Euclid v Fitzthum, 48 Ohio App 2d, 297, 357, NE2d 402 (1976) , 1,
cent denied, 429 US 1094 (1977) . Fitzthum is not controlling in
the State of Oregon. It is an Ohio case with precedential value
only with the State of Ohio. In fact, the Oregon Supreme Court has
reached the contrary conclusion. In the case of. Oregon Caty v_
Hartke, 240 Or 35, 400 P2d 255 (1965) , the Oregon Court determined
{ that cities may zone based on aesthetic considerations alone.
Thank you for bringing this case to our attention. I encourage you
to continue working with the City Council and City staff as you
have done.
very truly yours,
q :
O'DONNELL, RAMIS, CREW & CORRIGAN
•
MAad c,
Michael C. Robinson'
MCR/smc
=^, MCn\TIoARD190c24•4WEduoIS.LiR
cc: Patrick J. Reilly, City Administror
Dick Bewersdorff, Senior Planner
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MEMORANDUM
; CITY OF TIGARD, OREGON i
TO: Pat Reilly & Ed Murphy
. .? FROM: Dick Bewerodc)rf f
' DATE: June 30, 1992
SUBJECT: Meeting with Rick Perkins regarding RV"s
Councilor John Schwartz and I met with Rick Perkins and a
representative of the Good Sam Club regarding Rv"s. Councilor
Schwartz indicated to Mr. Perkins that he would like to have a.
workshop with the other Council members about the issues Mr
-_ 4 , Perkins brought up-
o The Good Sam Club representative will be providing a copy
of an By Parking Ra... hts 1ah�zal Staff will try to
highlight the manual for Council's review.
o Staff will check with other Metro cities to determine ;
,.; what if any other restrictions exist for RV's on private
• r, property.
o We need a response from the City Attorney regarding the
iy. relevance of the case City of Euclid v. Fitzthum. to our
• ; , regulations and whether our ordinance can be legally i:.
{ enforced.
We indicated that we would keep Mr. Perkins informed as to what
direction the Council will take.
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4 {= AGENDA ITEM 5.3
/ 99i
MEMORANDUM
CITY OF TIGARD, OREGON n , �,�!.
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TO: Planning Commission ko
FROM: Planning Division
AY.
:_ DATA: November 12, 1991
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SUBJECT: NPO 5 application to repeal requirements limiting vehicle
storage in front yards 4
OVERVIEW:
Summary: The Tigard Development Code Section 18.96.060"A. requires
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the following:
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•
'A Boats, trailers, campers, camper .bodies, house-
dr trailers, recreational vehicles, or commercial
vehicles in excess of 3/4 ton capacity shall not be s `
a stored in a required y
� ; gaited front and in a residential ;
zone.
This section applies only to the ,rs..w. .rsa yard which ranges from 15
+ to 30 feet depending on the particular residential zone. NPO 5 has ".
r
made application to repeal the above requirements. i
T,
aa:' Policy Implications: Should the City continue to restrict
recreational vehicle and other similar types of storage in front .`
:-..0: ':' yard?
Financial Impact: Because of the variety of circumstances relative rte'
"' to the number of recreational vehicles stored in yards and `
* t individual circumstances, a considerable amount of code enforcement
time would have to be expended to consistently and uniformly
0., enforce existing regulations. No fees are involved.
o°" Recommendation: It is recommended that the regulations be repealed
unless it becomes City policy to proactively enforce the existing
regulations.
- ANALYSIS•
7.
Background: NPO 5 has made application to delete Section 18.96.060
A. of the Tigard Development Code. In late April, 1991 the City
Code Enforcement Officer cited a property owner for parking a
recreational vehicle in violation of the above code section. The ''
action was the result of a complaint. The City had not been :
enforcing the requirement without receiving complaints. The
F
{ owners i r ' • 'p ointed Y 'nu ber r n%lair
violproperty ations To -hho e=:cwas oinscitedlstent, ., the. Code out a:Enforcement of Offotheicers s =then d
cited a. number of other property owners. lis a result, the City
. : then received 'numerous complaints regarding the,enforcement of .the
1 , provisions. Enforcement was suspsnded`"and all L P®'s were asked to
' - review a proposal by NPO 5 to change the front yard storage 1.
regulations to apply only to lots smaller than 7500 square .feet. _'
?WO review was completed-. during the summer. A summary of. NPO
comments is attached. Since 14130 5 did not find a reasonable
solution to fit existing circumstances from the i3PO sessions, it
' filed an application to delete the requirements.
m Issue: Thy. *issue of whether a recreational vehicle or other
. similar boat; vehicle or trailer should be allowed to be stored ill
the front yard is primarily r one community, values;•revolving :around > ,
aesthetics. Side yards are, in some cases, not large enough to
, allow storage.' Some residential areas favor the; „.existing s y
} ,- regulations others do not. Many.,subdivisions have covenants or ,.
deed restrictions that restrict such storage. Evens though such
°. CC&R's control the storagaa,,some subdivisions prefer that too City _.
,� ` have a similar restriction so that the City would do the
enforcement
Recommendations If the City is to retain the regulations, staff
' agrees that it should be enforced ..proactively. En€orcement by , >
.*•,-;-,:- ' complaint is not the best policy even though it is sometimes
...';' -`„•`�; necessary due to the lack of resources or tine. Since CC&R's. can
control .parking and storage-, p g .�__,e in neighborhoods that so choose, .it
: appears that repeal of the provisions may be warranted.
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MEMORANDUM
CITY OF TIGARD OREGON
TO: Dick Bewersdorff, Senior Planner s ;,
FROM Liz Newton, Community Relations Coordinator L/1
DATE° July 17,' 1991
SUBJECT: NPO Comments on RV Storage Ordinance
On Wednesday, July 10, 1991, I facilitated a discussion with NPO's 1/2, 4 & 8 to
discuss the NPO 5 proposal regarding RV storage.
By a vote of 13 - 2, the members present favored some regulation of RV storage
in front yards. Six people favored leaving the ordinance as is, 5 favored some
modification to regulate front yard storage.
f
Suggestions for regulation of front yard storage included the following:
o Prohibiting front yard tgtorage.:1 except in cases of hardship.
•
o Allow front yard storage as long as vision clearance requirements
are met.
o Allow front yard storage as long as the vehicle is behind a legal,
fence.
o Allow front yard storage where there is a minimum of 50' frontage.
Most of the people in attendance felt that the 7500° minimum proposed by NPO #5
is discriminatory. There were concerns raised about pie shaped lots that may meet
' . the 7500 minimum but may not have room in the front to store an RV or smaller
lots with front yards that are adequate.
There were some concerns raised regarding the city's current °enforcement by
complaint• policy. Some felt that if ordinances can not be actively enforced they
should be repealed.
? The biggest concern i
expressed was that if RV storage is permitted in the front :<
, yard vision clearance provisions must be met. -,
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NPO#5 MINUTES
' <`: July 17, 1991'
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y ROLL CALL:
•.
-+ Present: Hopkins
. 1- Bieker
Doty
,Q`, Hawley
a x
y !, Absent: Takahashi (excused) h J
' MacKinnon
The meeting was called to order in joint assembly with NPO#6 in Town Hall at 7:30 p.m.
' The only item of business in the joint meeting was consideration of NPO 5's proposed
amendment to the municipal code having to do with R.V. storage. After a brief ,
` ' background presentation by Craig Hopkins, Dick Bewersdorff moderated the subsequent
t,'-',` discussion. Most of the comments were in response to the memorandum he_read from ,-
°'' Liz Newton that sumnmarized other NPO's comments on this issue.
After the discussion, both NPO's adjourned to their separate gatherings in order to further
■
deliberate issues pertinent to their areas.
ie .,.
e. �' As a matter of old business, we continued to evaluate our RN storage amendment
proposal. We concluded that considering Tigard's uniquely diverse neighborhoods, any
amendment would tend to be discriminatory. Therefore, it seemed that the most
reasonable thing to do was pursue having the existin ordinance removed from the Code.
'� Craig Hopkins and Bill Bieker volunteered to continue working with Liz Newton on proper
T4 draft language for an amendment presentation to Tigard's Planning Commission and City
t'. Council.
i°" r�.I Under"New Business"Wendi Hawley shared that NPO 5's comments regarding the Raze ,A
Meadows project were part of Hearings Officer's final decison. .y
With no further business, the meeting was adjourned at 8:46 p.m.
Respectfully submitted, '
Craig Hopkins
} h:\ioginljoknpo5min.712
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mENUTES t
NPO ?#8
e WEDNESDAY JULY 10, 1991 t
Meeting began at 7:30 pm with a joint meeting of NPOs 1/2, & 4 to
discuss the present RV Storage Ordinance, with the possibility of
recommending some changes.
° ' The present ordinance requires that RVs not be stored in the
' - required 20 front yard setback. They may be stored in the side or
back yards, and may be stored in the front yard if the yard is deep
enough. There were suggestions from- NPO 5 that front storage be
allowed if the lot exceeded a certain minimum area There was a
variety of opinion in .NPO 8, which was generally against the "area"
e. exception. Some members were interested in some modification of
` the present ordinance, but most favored staying fairly close the
t ordinance as written.
° ee Chairwoman Chase called the roll for the regular meeting at 8'35
` ' r` pm. Present were: Chase, Blomgren, Epler, Iford, Hein, Juve, and t
l
Stevens. John Nolan 1 an is s no leaving the NPO.
Alice moved that the Minutes of the June 12 meeting be approved as
r
presented. John seconded. °Passed• unanimously. .
Cathy said that the areas of "special concern" will be discussed in
' the August meeting.
We continued the discussion from last month on the problem of brush
e?_• and other sight obstructions at corners. There does appear to be • . -,
�, .ee-e, a Tigard City ordinance which addresses this problem.
Cathy reported that she had received -no notices of decisions.
r Cathy presented a notice of the WESTERN BYPASS. MEETING ON JULY 17. .
We will discuss the town meeting at the August NPO meeting.
We discussed the Minor Partition request by Cloy Haeffele on
property at 10900 SW Hall Blvd. After determining which piece of :
e 0
property we were discussing discussing, we noted that there were problems -.
accessing the property, because the .State did not want to grant ;
pt additional entrances on HALL Blvd. Cathy stated that if the owner
t'= al could get the necessary access, she would not have a problem. Joel ;
CD said that we should approve the minor partition, with a note
.�s mentioning the possible access problem. Cathy was concerned about '
the possibility of creating a flag lot ,because of the access
problem. Joel felt that the parcel was to large to cause a flag
lot concern, that it would probably be subdivided eventually.
Cliff pointed out that the property is 270' deep which would be
:`.�' reasonable for a cul de sac.
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NPR^ ._' JULY 1 ?, 1991
Jim moved that we have no problem with the minor `partition, but
that we had some concerns about the access. Stevens seconded.
Cit. questioned ioe MP request . Bob noted that it was already zoned
Cathy quest�oned 'i~he Zoning.
R did not ask for a zone change. The R12
zoning is designed for apartments. "
Motion passed unanimously.
John moved adjournment at 9:00. Stevens seconded. Motion carried.
.Meeting Adjourned at 9 a OOpm.
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::::::::
e; TO: NPO's .„
i.
< ' FROM: Planning Division ,w`
DATE: July 10, 1991 yi
RE: Storage/Parking of RV's, trailers, boats etc. in front
yards
Issue
l. Due to complaints, the City of Tigard notified a number of property
owners in the NPO 5 area that recreational vehicles, boats,
' trailers etc. were illegally parked or stored in the front yard
r ,
area.
-
3 The relevant Development Code provision is 18.95.060 A. Storage in
. Front Yard:
- Boats, trailers, campers, camper bodies, house trailers,
recreational vehicles, or commercial vehicles in excess of 3/4
ton capacity shall not be stored in a required front yard in
a residential zone.
This section applies only to the reejuired front yard which is 20
feet in most zones.
'i,
'; The enforcement of this requirement caused a considerable
# a consternation among residents who had been parking or storing such
'
Y;' items in the front yard setback City The Cit had not been proactively :
enforcing the requirement prior to receiving the complaint.
a NPO 5 met to consider suggesting a change to the code requirements. 2,'
m They have tentatively proposed that the above code provision be
y
ccoo modified to apply only to lots smaller than 7500 square feet.
.a Request
0 NPO 5 and the planning staff are requesting that other NPO's
aI consider the issue and whether the existing code requirement should
be retained, modified or eliminated.
Please forward any position your NPO may have on the issue to the
Planning Division. You may wish to summarize your NPO comments or
suggestions below or on the back of this memo.
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RECEIVED PLANNING
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Commentary
33.266.150 Vehicles in Residential Zones
'' 'This section states in one place the types of vehicles that are allowed,not allowed,or allowed
under certain circumstances in residential zones. Previously,the regulations were stated in
{ each zone,but differed from zone to zone. The recent diversity of rem'eational vehicles has
.•, meant that<the existing code has been inadequate to deal with the subjecct. Trucks and other
. .,, motorized vehicles other than passenger vehicles will be classified as either light,medium,or x
heavy. Only those motorized vehicles classified as light trucks or as passenger vehicles will
,, be allowed in residential zones except for motor homes in the medium truck range,. _
. ' Generally,ether kinds of utility or recreational vehicles,e.g. boats,trailers,will be allowed if
not in parked in required parking spaces and not in front of the house..
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+t Chapter 33266 Title 33,Planning and Zoning
...„.. .. ..: Parking and Loading 5/29/92
c. Perimeter landscaping may not substitute for interior landscaping. However,
" interior landscaping may join perimeter landscaping as long as it extends 4 .
feet or more into the parking area from the perimeter landscape line.
d. Parking areas that are 30 feet or less in width may locate their interior
landscaping around the edges of the parking area Interior landscaping
E; placed along an edge is in addition to any required perimeter landscaping.
33:266.140 Stacked Parking Areas
ti (Amended by Ord.No. 164014,effective 3127/91.) Stacked parking areas must comply with
•- all of the development standards of Section 33.266.130 above,except for those standards
,
superceded by this section,
} j A. Perimeter setbacks and landscaping. Parking areas must be set back from 'R'•
streets at least 4 feet and landscaped to at least the L2 level. 4j
B Striping and layout. Parking areas used exclusively for stacked parking need not
fi ' ;' be striped or meet the layout standards of Subsection E above. Stacked parking areas
.4, which will allow parking at some times without attendants must be striped m .
conformance with the layout standards of Subsection F. above.
C. Interior landscaping. The minimum interior landscaping requirement is one tree
' per 5,000 square feet of site area If surrounded by cement,the tee planting area must
have a minimum dimension of 4 ft. If surrounded by asphalt,the tree planting area • {e.
.` _ must have a minimum dimension of 3 ft. Trees must be protected from potential
damage by vehicles through the use of bollards,curbs, wheel stops,or other physical ,,barriers.
z
t;-,e 33.266.150 Vehicles in Residential Zones
S A. Purpose. The regulations of this section are intended to reinforce community .
f 1 standards and to promote an attractive residential appearance in the City's
r ? neighborhoods. The size,number,and location of parked and stored vehicles in
residential zones are regulated in order to preserve the appearance of neighborhoods as
'° predominantly residential in character. Since parking lots and outdoor storage are not
"� intended to be primary activities in residential zones,these activities should constitute
no more than a minimal intrusion on any residential area.
®' B . Where these regulations apply. These regulations apply to all residential uses in
all R zones.
'` C. Parking of passenger vehicles and light trucks. Passenger vehicles and light
trucks may be parked in any allowed parking area. ,
6 .
D. Parking of medium and heavy trucks.
�'
'Y` 1. The parking or storage of medium and heavy trucks and equipment is prohibited,
except for motor homes in the medium truck category.
r 2. Motor homes in medium truck category may be parked in allowed parking areas
' except they may not be parked between the front lot line and the building line.
< .: 26640 w-. I.
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' $ Title 33,Planning and Zoning Chapter 33.266.
x , 5/29/92 Parking and Leasing
�' E Utility trailers and accessory recreational vehicles. Utility trailers and
accessory recreational vehicles may not be parked or stored in required parking spaces.
. Utility trailers and accessory recreational vehicles may be parked in other allowed.
,. parking areas,except they may not be parked between the front lot line and the
building line.
- t:, F Inoperable vehicles. The outdoor accumulation and storage of inoperable, .
neglected,or discarded vehicles is regulated by Subsection 03.090 of Title 18,
i Nuisance Abatement and Noise Control.
, -
Bicycle Parking
33.266.200 Purpose
''.-'..,.1','' Bicycle parking is required for some use categories to encourage the use of bicycles by
providing safe and convenient places to park bicycles. The required number of spaces is lower
. : for uses that do not tend to attract bicycle riders and higher for those uses that do. 3:...-
. -n 33,266.210 Required Bicycle Parking
The required minimum number of bicycle parking spaces for each use category is shown on
Table 266-6.
33.266.220 Bicycle Parking Standard
A. Location.
1. Required bicycle parking must be located within 50 feet of an entrance to the
building. With the permission of the Office of Transportation,bicycle parking
t > ` may be located in the public right-of-way.
2. Bicycle parking be provided within a building,but the location must be
.F' easily accessible for bicycles.
a,. .; B . Covered Spaces. .r
r :.
1. If motor vehicle parking is covered,required bicycle parking must also be
I ,. .._4, covered.
2. If 10 or more bicycle spaces are required,then at least 50 percent of the bicycle
` ®` spaces must be covered.
ig
3
C. Signs. If the bicycle parking is not visible from the street, then a sign must be posted
indicating the location of the parking facilities.
U. Rack types and required areas. Bicycle racks and the area required for parking
ill - and maneuvering must meet the standards of the Office of Transportation.
` 266-11
,
a;
a
.� r .a �t.. 4 r. ,.'w :n .: .. '1 +.. �•.'. .r"� +."/ i i.j r .. ..r r.5~t t... .r K. .. '.. '� .•,i�, ��;,,,
t 1
2,. The Ci ouncil;
� 3.
The Commission; .
• 1, 4• An employee of the City's planning staff; r',
B. Any party entitled to notice of the original decision, or
', 6. Any, party who submitted comments in writing on the original
decision. _
.F °a` D. The amended decision process shall be limited to one time for each
:-f',--.'.,', original application.
R. The Director shall make the determination as to issuance of an amended �,
v decision based en findings that one or more of the following conditions
exist:
1. An error or emission was made on the original notice of final .1-.!:
decision;
` 2. The original decision was 'eased`on incorrect information; and .
;':::.:f.,"1!":''''''':' 3• New information becomes available during the appeal period which was ,
not available when the decision was made which alters the facts or ' '
conditions in the original decision.
F. An amended decision shall be processed in accordance with Section
r 18.32.120 of this title. (Ord. 89-06 Ord. 84-61; Ord. 84-31)
J, 18.32.280 Denial of the Application: Resubmittal
A. An application which has been denied or an application which was denied
and which on appeal or review has not been reversed by a higher authority,
including the Land Use Board of Appeals, the Land Conservation and
(, Development Commission or the courts, may not be resubmitted for the same z
or a substantially similar proposal or for the same or substantially (
similar action for a period of at least 12 months from the date the final
• x ? City action is made denying the application unless there is a substantial
change in the facts or a change in City policy which would change the ;.,
' ' outcome. (Ord. 89-06; Ord. 83-52) ..
Ali__'
t, ,., 18.32.290 Standins_Ig...Apneal or for a Petition for Review •. ' .
". • A. In the case of a decision by the Director, any person entitled to notice
of the decision under, Section 18.32.120 or any person who is adversely
}s � affected or aggrieved by the decision, may file a notice of appeal as >r '
provided by Section 18.32.340.
4
''
I
,
�.J
( 't t' '_r
n Revised 1/71/91 7 ' - Page 70
t
i i
.�,.•
'• 't a, -•}4 1 ....:.'`.",.t7.7';'.:%- '..'-',.''..'''''',' b ∎.: .. 3 �'y.,,,.1 } ',37..,,;,; >.:...0':.,,.:3-;.:.''.-.„,"'.; S„ A 'M,.,-,......^::,...,i...,
C, The offial,g1.•ord shall include.. •
.`I, • ii1•I materials considered by the 'hea..ixngs body;
2 All materials stsbmittssd by the Director to the hearings body
with respect to the application,
3. The verbatim record made by the stenographic or mechanical
means, the m&nuteas of the hearing and other documents
considered;
k l
t. The final ordinance;
r'�
5 All correspondence, and
6 A copy of the notice which was given as provided by Sacticn ,
<s` 18.30.080, atcompany`aig affidavits and list of persons who were
sent mailed notice. (Ord., 89..06; Ord. 83-52)
18.30.170 Rtes,A2l.ication
A. If an application has been made and denied in accordance with the ,
provisions set forth in- this title or by a,ttionl by. the Land' Use
Board of Appeals, the Land Conservation and levelopment Commission,
or the courts, no new appl cation for the same or acsbstanti.alU.y
similar change shall be accepted within one year fram they ..data of
action denying the application; except' the Ceuuei1 may
.h the �lnal e3
reinitiate an ageplioation upon a findang that there has . been a
substantial change in the facts ssrrs3unding the application or a
change in policy which would support the reapplication. (Ord.
89-06 Ord. 83-52)
x
'4 Revised 02/27/89 Pate. 45
1 fi
:! 7 di I I r ' r
i
F
In 1978, Sam Peters, then Good Sam state director of Oklahoma, enlisted the assistance
`" of Good Samers,other RV organizations,and RV dealers in a long and hard-fought battle which
resulted in legislation favorable to RV owners. Unfortunately, it has turned out to be a rather
bittersweet victory. - .
z The resulting ordinance, which still exists, allows RV parking in side yards,rear yards and r----
- -:.- . , in the front yard provided "that space is not available or,there is no reasonable access to either '``.
the side or rear yard.
It was one RV owner's refusal to abide by the provisional clause that created the turmoil `
ti; that followed."He had access to a side yard for parking his trailer,but refused to use it,preferring ,
to keep it in his front yard adjacent to his driveway. He was in violation of an ordinance that
5 most RVers felt was reasonable.
; Neighboring residents complained, but the RVer refused to comply with the parking re-
quirements.
Since this was in an older section of the city, residents in that area had a six-block by four- :
block section established as the Linwood Place Urban Conservation District, formed the Lin-
wood Place Neighborhood Association, and proceeded to get an anti-RV parking ordinance
enacted just for that area Because one RV owner refused to abide by the Oklahoma City
,' Ordinance, all of the RV owners in the Linwood District were adversely affected.
The resulting legislation also set a precedent for other neighborhoods to follow, and Peters
reports that the ordinance for which he and others fought is gradually being eroded away as
various neighborhoods follow in the footsteps of the Linwood residents. _ &t
3 '',, This is a strong argument in favor of properly caring foe parked vehicles, keeping them '
-, clean and presentable. Otherwise,favorable legislative action might be difficult to negotiate and
, r
x maintain,
6400.2 Accessory Use Regulations for Residential Districts
. : ; ,(C) Recreational Vehicle, Boat, Boat and Trailer or Boat Trailer Parking. Recreational vehicle, ,,,
boat, boat and trailer, or boat trailer parking is permitted in the above districts subject to ,
m the following conditions and requirements: ,
co 1. Inside parking, or s'
.
2. Outside parking in the side yard, or 1.''.'
3. Outside parking in the rear yard, or
4. Outside parking in the front yard, provided. �,`
a. Space is not available or there is no reasonable access to either the side yard or rear . 3 d
yard; a corner lot is always deemed to have reasonable access to the rear yard;
(This applies to all recreational vehicles except self-propelled multi-purpose vehicles ,
•
' and applies to boats, boat-and-trailers and boat trailers not having a boat mounted ;
upon it);
b. The unit is parked on a hard surfaced area; -
c. •The unit is parked perpendicular to the front curb, unless parked on a circular
._- ; drive;
ti, 47
` d. The length of the recreational vehicle, boat and trailer or boat trailer shall not be
'{ greater than 8 feet in width and 40 feet in.length. Length shall be measured from
bumper to bumper on self-propelled vehicles and from bumper to tongue on towed
•. ; vehicles:The body including the bumper and tongue of the recreational vehicle,
boat-and trailer or boat trailer is at least,11 feet from the face of the curb;
-:. e. No part of the unit extends over the public sidewalk; `re,
'e•, f. No sight triangle as required by ordinance shall be violated; and .
,, f< g. Cargo trailers, or stock trailers,are prohibited from parking in the front yard. `
5. Parking is permitted only if the unit,while parked in this zone is
,-"'.-":4-'''...„.':'...,;
a. Not used for.dwelling purposes,except one recreational vehicle may be used by the
owner or tenant of the premises, friends,relatives or guests for dwelling purposes ,-
;< for a maximum of 14 days in any calendar year on any given lot, provided that
said recreational vehicle shall not be connected to any utility,other than temporary
rt electrical hookups,and provided further that the host person shall receive no
compensation for such occupancy or.use. Provided further that cooking is not ;t
permitted in the recreational vehicle at any
time,and no such recreational creational vehicle e
' shall discharge an y.Tatter,sewage, effluent other matter, exce p t
into sanitary
y' facilities designed to dispose of such material.
'•'' b. Not permanently connected to sewer lines, water lines,or electricity. The
-:e"'.- is recreational vehicle may only be connected to electricity temporarily for charging e.
' batteries and other hook-up facilities shall comply with applicable state law and the ,.
' ` Oklahoma City Electrical Code. e
;Y 'i c Not used for storaze of goods, materials or equipment other than those itemsl
..
considered to be a part of the unit or essential for its immediate use.
6. Notwithstanding the provisions of Paragraphs 4 and 5 above, a unit may be parked
e anywhere on the premises during active loading or unloading, and use of electricity or
tit propane fuel is permitted when necessary to prepare a recreational vehicle for use. A 4
period not to exceed 48 hours shall be a reasonable period for active loading and
unloading.
xi i w
{
„ (d) Accessory Sign. Accessory signs, including on-premises directional and information signs,
SAY. identification.nameplates and temporary signs,are permitted,.subject.to the provisions of ''.
`'^ a the Sign Regulations. .
7.. ., .: `.t'',' * .1.$ •-„,"i",..,,,,:t , . * 1.4",
S..Za
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•
1
1110, Euclid
.,
i, ;' Editor's Note: In February of 1977,a landmark decision on the rights ofRVers to park their rigs on their own
property became final when the U.S. Supreme Court refused to review a decision of the Ohio Court of Appeals
+'" in what has become known as"the Euclid case." a
The history and significance of that case from its beginnings are outlined here in full for your education and
assistance, presented step by step by Corinne Shulman,a California attorney who is the author of the Legal Brief. ,.,
which Good Sam makes available to a'_t_3rneys representing Good Sam members in similar cases anywhere in the
country.Mrs. Shulman also authors the column,"Legally Speaking,"which appears in the Hi-Way Herald.
The most significant recent victory in the fight against restrictive RV parking laws occurred
K _ in an Ohio case, known as City of Euclid v. Fitzthtim, et al., 48 Ohio App. 2d 297, 357 N. E.
•• 2d 402 (1976), cert. denied 429 U.S. 1094, 51 L Ed. 2d 540 (1977). We've given you what
;_ lawyers call the "citation" to the case, a reference to the law books in which the full opinion •'p
{, is printed, because you will undoubtedly find the case useful in your battle against adoption
'`.../,.!,`. _,- of a restrictive ordinance and you may want to draw the case to the attention of the City
' Attorney, (and your own attorney, if you have one).
Some years ago, Euclid,Ohio,adopted an ordinance which prohibited the parking of"any
t type of truck, trailer, auto trailer or trailer coach"in residential areas,on either public or private
property, unless such unit was "parked or stored in a completely closed structure."
• In 1974, nine RV owners were cited for parking their RVs on their own property and they
t,,; and others banded together in a determined effort to fight the ordinance.The matter was tried
e:4..-.4. �; at the municipal court level as a criminal offense and the owners were found guilty and fined,
,,`,' ' the trial court finding the ordinance constitutional. Q
The RV owners appealed and the Ohio Court of Appeals reversed their convictions,finding
;.' •.. the ordinance unconstitutional. It is that x' decision, made in February, 1976, to which we've
referred you, for subsequent petitions by the City of Euclid, first to the Ohio Supreme Court
' and then to the U.S. Supreme Court, were both denied and the opinion of the Ohio Court of
Appeals is now final.
i ' '` The state appellate court said that in Ohio, zoning restrictions for purely aesthetic reasons ,,
- are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of !_
{'' the police power, the power to regulate for the public health, safety, morals, and welfare. The
;� � �; p p i3 g P Y
lj Y'- !:
court then stated that
The vice of the present ordinance is that the record will
support neither an application of the ordinance which
t� bears a substantial, and therefore reasonable, relationship ,
to public health, safety, morals or welfare nor the im-
position of a taxonomic scheme based on any state of '
facts that may reasonably justify it. Part of the lack of
reasonableness is exposed by evidence of an uneven reg-
ulatory application.
4,
Reviewing the facts illustrated the"constitutional inadequacies of the ordinance."The City
' ' had produced testimony to show that a trailer parked in a driveway would interfere with access
4
fi
•
•
B. If there are garages on both abutting lots with
• yyt'.
j front yard depths less than the required depth • s
for the zone, the depth of the front yard for the
garage for the intervening lot need not exceed -
the average depth of the front yards of the
abutting lots.
,e et. ,, C. If there is a dwelling on one abutting' lot with 'a
front yard of less depth than the, required depth
for the zone, the front yard for the lot need not
exceed a depth one-half way between the depth of
L the abutting lot and the required front yard
depth.
(CDRD.12 70;1/90)
D. If there is a garage on one abutting lot with a '
front yard of less depth than the required depth
for the zone, the front yard for the garage for
the lot need not exceed a depth one-half between
' the depth of the abutting lot'and the required
and dept front
yard p ORD 1270;1/90)
r 38.050 STORAGE IN FRONT YARD
EOats, trailers, campers, camper bodies, house- •- _
trailers recreation:Vehiere ,-rirRcomeie-toial"vehicles � Y
in excess of three quarter ton capacity shall `not` be
StClred
•n a r�rtr�i ra.: r , + •: one
if the location creates an * : . ".�. . .- sr-
of passing motor" is which consttute8 a potential
traffic hazard.
R 38.060 CTIONS INTO REQUIRED YARDS
A. An open •ec a - - n .0 an existing utility
easement, provided a minimum vertical clearance
of .12 feet is maintained between the, lowest point
of the deck and the ground, and that no posts are
installed within the easement. No other
structures shall be allowed. •
re. (1/90)
38-2
1{ ,. Y•. f k :I.. r �' t..0 {. n'1,° .'"..c . ai .6: k 1�� i "L�'' ;_ ' ..•+4a�`q4 v
,� T r 6.110 Forest Grove Code Book 6.255 _.
' ° } commonly known as 'Jacob" brakes, in a manner that creates '
- L
unnecessary noise is prohibited
, :4 P ING REGULATIONS J, "�
6.150 Method of Parking
(1) No person shall stand or park a motor vehicle
,:' in a street other than parallel with the edge of the roadway,
. '' headed in the direction of lawful traffic movement, and with
, A the curbside wheels of the vehicle within 12 inches of the
edge of the curb, except where the street is marked or signed
for angle parking.
(2) Where parking spaces are designated on a
street, no person shall stand or park a vehicle other than in
the indicated direction and within a single marked space, &-
unless the size or shape of the vehicle makes compliance
impossible.
'; (3) The operator who first begins maneuvering a
motor vehicle into a vacant parking space on a street has
{ priority to park in that space and no other vehicle operator
shall attempt to interfere.
. (4) When the operator of a vehicle discovers that
the vehicle is parked close to a building to which the fire
: department has been summoned, the operator shall immediately '
remove the vehicle from the area, unless otherwise directed by '
police or fire officers.
6.155 Prohibited Parking or Standinge No person shall
park or stand:
(1) A vehicle in violation of state motor vehicle
laws or in violation of a lawfully erected parking limitation
:, sign or marking•
(2) A vehicle in an alley other than for the
expeditious loading or unloading of persons or materials, and 1%
in no case for a period in excess of 30 consecutive minutes in
any two-hour period. , .
:F (3) A motor vehicle that is designed, used or
CD maintained for the transportation of property and having a
gross weight in excess of 8,000 pounds, on a street between
5 the hours of 9 p.m. and 7 a.m. of the following day in front
Ca of or adjacent to a residence, motel, apartment house, .hotel
0 or other sleeping accommodation.
ILI (4) The following licensed vehicles in a ressiden-
tial zone:
$ (a) Farm
`A (b) Heavy fixed load
(c) Heavy trailer ,
(d) Light fixed loan!
y CH 6 -6 5 (Rev. 09/91)
? :r,.. 1
4
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a,+ ..: 'S .:.r {.. to'•. :. -.
1:1-1:
: . ...: ..
Fly 6.155 Forest Grove Code Book 6.180 i'
r
y 3lC
�_ (f) Motor.j ome
.,, (g) Prorate trailer
(Ii) Bus i
(I) Re tea ana ,-a l er ,
(j) Special-use trailer
(k) Truck
(1) Transporter
(m) Towing registration/permit =,
(n) Utility trailer/light trailer `
(o) School bus
(P) r
Pa..E.-kal...Witun ....9..E.ELthin
30 fe.=t o¢ a dr; gmeee or more than 24 continuous
4 ee hours in the same block.
6.160 Prohibited Parking. No operator shall park and no
owner shall allow a vehicle to be parked on a street {.
' for the principal purpose of:
(1) Displaying the vehicle for sale.
4 (2) Repairing or servicing the vehicle, except rem .
pairs necessitated by an emergency. a,
(3) Displaying advertising from the vehicle.
4 ( (4) Selling merchandise from the vehicle, except x
, when authorized. -.
6.165 Extension of Parking Time. Where maximum parking e .
l . time limits are designated by sign, movement of a ti:.:
vehicle within a block shall not extend the time limits for
,'' parking.
6.170 Parking on Public Property. No person shall park a
vehicle in excess of 48 hours on public property ;
$ where parking is permitted, unless authorized by the council.
0. 6.175 Use of Loading tone. No person shall stop, stand,
or park a vehicle for any purpose or length of time
Cl) other than for the expeditious loading or unloading of persons
or materials, in a place designated as a loading zone when the
-a ' hours applicable to that loading zone are in effect. When the ;,*.
in hours applicable to the loading zone are in effect, the load- ;f.
ing and unloading shall not exceed the time limits posted. If
no time limits are posted, then the use of the zone shall not
exceed 30 minutes. °''
., 6.180 Restricted Use of Bus and Taxicab Stand. No person
shall stand or stop a vehicle other than a taxicab
in a designated taxicab stand, or a bus in a designated bus
r ( stop, except that the operator of a passenger vehicle may a
CH 6 6 (Rev. 09/91)
4
,, '- ., . _
., .. t'
MEMORANDUM 0 • ..,
. ,
CITY OF TIGARD, OREGON ` ''
TO: {
Pat Reilly%
,„,;):'
FROM Ed Murphy 's ,..
i r D.P.TE: October 20, 1992
SUBJECT: Regulations on RV's, boats, trailers, campers
On February llth, 1992, the City Council decided against repealing
section 18.96.060 which restricts the parking of boats, trailers,
. and campers in the required front yard setbacks. Staff has
continued to enforce the current ordinance on a °complaint only”
basis
Meanwhile, information was received on how other cities regulate
" those types of vehicles, particularly RV's. This information was
, , distributed to the City Council recently, and is the subject the ;:
"' meeting tonight° ,_
a
Following is a summary of what the Tigard code currently regulates,
rt ' which may assist with the Council's discussion of this issue.
City Codes currently regulate as follows CGSt
{ • Places restrictions on storage within the
A':''.' ,r; required front yard setback area . . . . Yes
0 Places restrictions on storage within the
y;' . required side or rear yard setback areas . . . . No
�' 0 Requires hard or graveled surfaced parking area . No No
• Sets limit on the number of vehicles at any one time . No 0T
fi
Y Restricts parking on the public street or
�, Yes
� within a public right-of-way .
11 ... ; • Restricts parking within a visual clearance area . . . Yes r
D. r° • Sets limitations on the size, length or
height of vehicle . . . . . . . . . . No N■ 4
• Requires vehicles to be placed on the site
perpendicular to the street No 1"--)0
• Restricts living and sleeping in an RV Yes '
°e • Restricts connection to sewer and water services . Yes
s
Requires proof of ownership . . . . No M1
Requires vehicles to be kept in mobile condition . No (AIN
Requires vehicles to have a current state
license plates . . . . .
• Allows vehicles to be used as a temporary dwelling . . Yes
� .. .. .a( .c. '.5 n .. .. .x °;... ... ..� X53':.n. .� .. � ..j a � ' • .
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.(f_ de//L+ 7_ /---4ej/k4C, ,,---, ' ' ' " -'' - ''. ‘:''r . '' 'J. ' :'''
To Whom -I It May Concern; 4'
Due to the case known as City of Euclid v. Fitzthum, (et al , 48
Ohio App: 2nd 297, 357 N.E. 2nd 402 ( 19760, Cert. Denied 429 U.S.
}
1094, 51 L. ed. 2nd 540 (1977) it is the opinion of many citizens
of Tigard (whether they agree or disagree with the our present
ordinance) that Municipal code 19. 96. 060 is unconstitutional in
its entirety and should not be binding. In February of 1977, a
landmark decision on the rights of people to keep RV' s on private
y property became final when the refused to
review a decision of the Ohio Court of Appeals. The City of
Tigard cannot be above the law of the land in its quest to again
Z,M restrict use of private property This decision clearly states
t { ; that zoning regulations may not restrict the use of private :
•
property for purely aesthetic reasons and shall be deemed
unconstitutional as it does not bear a reasonable relationship to
ryr. public health, safety, morals, or welfare of citizens,
Additionally, this ordinanLs is discriminatory. People with large
front yards may keep their vehicles in their yard, while smaller
lots or cul-da-sac owners who have no access to their back or s.
side yards are unfairly restricted even when there is no
�., neighborhood or design covenants in force. Once again the city
becomes the enforcer of one person' s views against an entire
rei neighborhood. This ordinance must be done away with. Di'ck
EU
Bewersdorff stated in an interview that my camper, as an example,
did not pose a safety hazard and was not considered an eyesore or
attractive nuisance under city standards. However, one of:
„my
neighbors used the city and its employees to wish his or her wrii.l
•
;5 :v, r •,ayl � s � -.+• .� .. i .. +. ,7 t„ti+o �::�A ii -.yr �� _ r . ... i i.i. A'. ^{,�;�
•
on me and other people living,.�. in close proximity to •me. , There
have been campers, boats, and motor homes in this unrestricted
area for at least ten years. Because a new person moves into the
i,.
area must we all live by their standards or do we still live in a ,.
state that recognizes the will of the majority?
' i have every confidence, when put to a vote of the people of
{ Tigard, this ordinance will be struck down by a wide majority.
k'•
respectfully request at this time that this ordinance be (1 )
Immediately be removed from the city books, (2) Frozen with no
citations written until a realistic ordinance can be written and
acted upon.
Because of the constitutional inadequacies of this ordinance, the
third option would be to put it to a vote of the people. I am
very willing to launch such a referendum based on the number of
people I have contacted in recent weeks who feel this entire
ordinance is unfair, restrictive and just plain out of line. This
action would be very expensive to the city and its citizens and
{
would be counterproductive. Many other cities have either re-
written realistic ordinances based on the needs of the entire
population or have repealed those restrictive laws entirely. I <a„
a.,
have every confidence that, having been made aware of the
co
constitutional questions raised above, this council will do the
same.
•
i r
s ..:i .... t�..� �f .. k Wt '.Ca ... r � +, (d " ;ti :.t:W+y y.' :{.. K ..�.'Ai F.., ��'�:. :. ..�. ° 1 Y4 .-#..•. i F.:� _1 .. .