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City Council Packet - 10/20/1992 y i a t CITY OF TIGARD ` OREGON AGENDA I PUBLIC NOTICE. Anyone wishing to speak on an } agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be k .0. recognized by the Mayor at the beginning of that j agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by ccntactinq either the Mayor or the City Administrator. • STUDY MEETING (6:30 Pli 1. (Roll Call and Call to Order 2. Discussion Items: 2.1 Recreational Vehicle (RV) Parking 2.2 Board and Committee Structure 3. Administrative Review/Update • City Administrator 4. Non-Agenda Items 5. Executive Session: The Tigard City Council will go into Executive Session under the provisions of ORS 192.860 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 6. Adjournment i =1020.92 3 F i i i COUNCIL AGENDA - OCTOBER 20, 1992 - PAGE 1 f Council Agenda Item T I G A R D C I T Y C O U N C I L MEETING MINUTES - OCTOBER 20, 1992 Meeting was called to order at 6:30 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Council President John Schwartz; Councilors Judy Fessler, Valerie Johnson, and Joe Kasten. Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Comm).unity Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; and Catherine Wheatley, City Recorder. STUDY MEETING 2. DISCUSSION ITEMS 2.1 Recreational Vehicle (RV) Parking a. City Administrator Reilly introduced this agenda topic noting that Councilor Schwartz and Senior Planner Dick 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 Council Packet material from Patrick J. Reilly, City Administrator, to the Mayor and council.) b. Community Development Director Murphy distributed and reviewed an October 20, 1992 memorandum from him to Pat Reilly concerning regulations on RV's, boats trailers, campers. Photographs, from several streets throughout the City which illustrated different RV parking situations, were also submitted to the Council for their review. Mr. Murphy noted that approximately 6 to 8 complaints were received during the summer. Staff responds only on 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 deed restrictions. CITY COUNCIL 14EETING MINUTES - OCTOBER 20, 1992 - PAGE 1 C. City Administrator Reilly advised, to simplify the issues, the threshold question is: Does the City desire to regulate or not regulate RV parking. Community Development Director Murphy added that if the Code is enforced only on a complaint basis that it may be 100 better to not regulate. d. Council discussion followed: - Councilor Schwartz commented that some people find RV's parked in neighborhoods objectionable. He noted concerns with complaint-oriented enforcement. City Administrator Reilly suggested RV parking can be regulated; however, enforcement could be applied differently. City Attorney Ramis commented on a legal element. He noted that some cities, such as Beaverton, `rave 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 Court) because of the improper delegation of authority. ~Y - Council Fessler 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 acceptable practice. She offered that screening might be a compromise; i.e., landscaping or a removable fence. - Councilor Johnson requested comments from Mr. Rick Perkins: Mr. Perkins advised that, in his situation, the problem was with the 20-foot setback. He was within a few inches of being in compliance, but he i 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. Mr. Perkins also noted that finding rental storage space for RV's was a hardship because of the 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 i . f 1 i , s. Additional Council discussion followed. Topics included the pros/cons of regulating through the City or through "CC&R's"; whether or not such } parking devalued property; whether the City's main focus of responsibility should be for safety issues; where the City should address property rights vs. protection of property values. Methods of enforcement were also discussed. One suggestion was to stipulate that all vahicles would be required to have a current license and kept in mobile, operable condition. Enforcement through ; CC&R's was discussed briefly and options available to a neighborhood which did not have a homeowner's association. After discussion Council consensus was for the following: Staff will research additional information from other cities as to how they address this particular situation. In addition staff will prepare a summary of requirements with regard to regulation of setbacks, safety/health issues. A draft ordinance will be available for council review with another workshop to be s scheduled on this issue. ! Mr. Perkins indicated agreement with Council's decision to work for a compromise. Council meeting recessed 7:55 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 May 1992 Council workshop. Common themes from the Board and Committee meetings included: • broadening issues for Board/Committee review • creation of a "supergroup" ; C_ CITY COUNCIL MEETING MINUTES - OCTOBER 20, 1992 - PAGE 3 i Rolm n- b. Comments noted during the meetings with the boards and committees included the following: • Council should articulate their expectations and set parameters for the Boards/Committees more explicitly. • Communications from the Boards/Committees leave them and fall into a "black hole.01 • Not enough people are getting involved; need to create a way for a greater percentage of people participating and commenting. • Criticism that people feel that they are asked to become involved in the process too late. Comments that the system needs to change because people often feel that the issues are a "done deal" by the time they are allowed in the process. • Planning Commission is unsure of general policies of Council. Perhaps, a summary articulating the Council's philosophy could be given to Boards and Committees. This philosophy should be reviewed every two to three years. • The Solid Waste Advisory Committee was in a unique situation with the franchise haulers attending meetings as ex-officio members. City Administrator suggested Council review what they wanted the SWAG to do; that is, study the technical issues or focus on public relations (recycling). • Transportation Advisory Committee's work on the transportation bond issue was valuable. Since that time, however, the Committee has not been asked to deal many issues and their main emphasis has been to prioritize transportation projects for the Budget cycle every year. • Council discussed the Citizen Involvement Team concept (CIT). (See outline below.) The expectation of this concept would be that a board or committee would not become singly focused in one particular area. • Community Relations Coordinator - Newton cautioned that a format of asking for a vote from the committees may imply to the members that they have veto power on issues. The purpose is to obtain comments from the community to assist Council in their decision- making role. C. CITY COUNCIL MEETING MINUTES - OCTOBER 20, 1992 - PAGE 4 C. After discussion, Council agreed with the following recommendations: • Incorporate Transportation Advisory Board function into Planning Commission. - Appoint Transportation Advisory Board member to current Planning Commission vacancy. - Appoint Transportation Advisory Board member to Planning commission seat vacated by Wendi Hawley in January. • Defer filling any vacancies on other Boards and Committees until review of structure is complete. • Continue to reappoint existing members for six months to retain continuity during transition. • Develop "CIT" concept - Neighborhood based (start with elementary school boundaries.) - Council recommended reducing the number to four or five. - Ask existing Board and Committee members to provide input. • Review existing standing committee roles ` - Are they effective and appropriate? Library Board Park Board Solid Waste Advisory Board d. The following time line was presented to Council: 11/4/92 Board and Committee Chair meeting: Present CIT concept for feedback. 11/11 - 12/2/92 NPO meetings: Present CIT concept for feedback. 12/2 - 12/12/92 Concept Plan preparation: Staff input from interested Board and Committee members. 12/15-192 Concept Plan presentation to city Council. CITY COUNCIL MEETING MINUTES - OCTOBER 20, 1992 - PAGE 5 i i 7 5 3 5 3. ADMINISTRATIVE REVIEWil DATE : • City Administrator noted: - Joint Tigard-Tualatin School Board meeting is scheduled for January 21, 1993. - Council input for potential Community Development Block Grant fund projects was requested. Eligible area was identified in an earlier communication to the City Council. 4. NON-AGEND-A ITEMS : None 5. W CUTIVE SESSION: Cancelled. 6. ADJOURNMENT: 9:24 p.m. Attest* Catherine Wheatley, City Rec der 1 ayor, i of Tigard Date: L~ a- ccm1020.92 CITY COUNCIL, MEETING MINUTES - OCTOBER 20, 1992 - PAGE 6 i v ' ` • iv~lA fy COMMUNITY NEWSPAPERS, INC. Legal IT P.O. BOX 370 PHONE (503) 684-0360 Notice 7378 BEAVERTON, OREGON 97075 Legal Notice Advertising a RECELYME5 ' 13 Tearsheet Notuw'a City of Tigard Po Box 23397 NoV ' 21992 - • Tigard' Or. 97223 ~ 11 Duplicate Affida 0 ~ • a CITY OF. TIGARI3 trgp U M O y t. y.. -0 ot AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ass. U F!~v being first duly sworn, depose and say Ihat f am the Advertising " ° Director, or his principal clerk, of the igard Times EN' w' al'i a newspaper of general circulation as defined in ORS 193.010'w n and 193.020; published aL Tigard t* ` aq ° ' ° in the _City aforesaid coun and state that the m~i eeting c.,oO,. a -ao ayi a'° o a printed copy of which is hereto annexed, was published in the 0 ~ a 9 N.' entire issue of said newspaper for Chie successive and E U `S consecutive in the following issues: E3 a 5 Z' o n. October 15, 1992 0 . M 15th day of October 1992 Subscribed and sworn to afore me th's- N, tary Public for Oregon My Commission Expires: ll` AFFIDAVIT COUNCIL AGENDA ITEM MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: October 7, 1992 SUBJECT: RV Parking As you may recall, Councilor John Schwartz and Dick Bewersdorff met with Rick Perkins and a local representative of the Good Sam Club (national RV owners club) regarding RV's in late June, 1992. 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. 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 other restrictions exist for RV's. The City Attorney's Office provided a response to a court case (City of Euclid, Ohio v. F Fitzthum) and its relevance in Oregon. 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 indicates that Fitzthum is not controlling in the State of Oregon. 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 provided. Such parking requires, also, that the owner enter into a written agreement with the owner of the property on the side closest to the RV parking, hard surfacing and no traffic sight obstruction. RV Manual Summary Various articles provide experience in the actual regulation of RV's on lots and streets in other cities across the country. They 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 C from the RV manual: 1 i o the RVer's viewpoint, pages 7-9 o a San Leandro, CA experience which provides for front yard parking if there is no reasonable access to side cr , rear yard, page 17 0 72 hour allowance in Redondo Beach, CA, page 18 o Boynton Beach, FL allowing parking in driveway and where enforcement was only on a complaint basis o a situation in West Dundee IL similar to Tigard, pages 28-30 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 o Euclid, OH case, page 45 It would be relatively simple to amend the existing Tigard code to provide for front yard storage if the rear or side yard was not accessible. The other codes listed in the RV manual also provide much more detailed approaches and examples of standards. Alternatives' 1. leave RV code as is; a. continue to enforce on complaint basis; b. begin more proactive enforcement of RV code violations; 2. repeal RV code section; s 3. amend code to provide for front yard storage where not practical in front and rear; 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.; i 1 i l~ RECEIVED PLANNING O'DONN]ELL, RAMIS, CREW & CORRIGAN .IUL 1 199? ATTORNEYS AT LAW JEFF H. B BALLOW & WRIGHT BUILDING COUNTY OFFICE MARK L BUSCH H SCH 1727 N.W. Hoyt Street 181 N. Grant. Suite 202 CHARLES E. CORRIGAN* Portland, Oregon 97209 Canby, Oregon 97013 STEPHEN F. CREW (503) 266-1149 CHARLES M. GREEFF TELEPHONE: (503) -M-4402 WRLIAM A. MONAHAN FAX: (503) 243-2944 NANCY B. MURRAY JAMES M. COLEMAN MARK P. OMONNELL PLEASE REPLY TO PORTLAND OFFICE KENNETH M. ELIJOTP TIMOTHY V. RAMIS Special Counsel SHEILA C. RIDGWAY• MICHAEL C. ROBINSON" WILLIAM J. STALNAKER July 13, 1992 'ALSO ADMrrrM TO MAcncz N STAIR OF NASHMM i ALSO ADM= TO MACTKZ N IOSOOMM Mr. R. W.:~ Perkins 11740 ~S.W. 114th Place Tiyar~cu, vi. 97223 Re: Recreational Vehicle Parking Dear Mr. Perkins: This firm represents the City of Tigard. Tim Ramis wanted me to 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), cert 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 City 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, O'DONNELL, RAMIS, CREW & CORRIGAN Michael C. Robinson MCP? / SMC MCR%TWAFXk*0024-4%PEKX2CXTR - cc: Patrick J. Reilly, City Administrator Dick Bewer.sdorff, Senior Planner. i RECEIVED PLANNING AUG 181992 Chapter I Negotia ° for Y® V Parldng Rights ting Owners of recreational vehicles don't expect non-RVers to share their enthusiasms for 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. 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 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. 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 RV parking on this - 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 to fighting RV par ing rights on t e asis of the health, safety, and welfare of the neighborhood. Initially, they frequently have the backing of local government officials, but members of the RVing community have, on many occasions, been able to counteract this trend. By co- operating with city and community zoning officials, they have worked out compromises that 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 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 have learned, the hard way, that anti-ltV 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. 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 fast 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 without the knowledge of local RV owners. This has happened on more than one occasion, 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 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 affect the rights of RV owners, it is time to take action, but in an orderly manner. 7 The first step is to organize; work through Good Sam chapters to enlist the assistance of r the RVers in your area. From that nucleus, select a committee to canvass neighborhoods and. l contact homes where RVs are parked. An inexpensive advertisement in the local newspaper 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. Other sources of support may come from RV 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 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 officials. An orderly presentation gains more support and respect. 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 and-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) to work out a solution to be presented at a future public hearing. 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. If opposing forces object to RVs parked in front yards, suggest that they be parked on i paved or graveled surfaces specifically designed for that purpose. If they object to an RV blocking the view of neighbors, establish a reasonable setback. 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 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 the area surrounding it neat and tidy will help you in your argument to keep it on your proper y. An RV that obviously is neglected and has weeds growing up around the wheels and leaves piled around it is bound to draw more criticism than one that is properly parked and maintained. 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 i 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. If the situation cannot be resolved through the .:;:Pal 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. J if the voters turn thumbs down, then at least the answer is definitive and not decided by 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 efforts to obtain favorable legislation, but many are finding that elected officials and judges 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. 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, Inc. will be beneficial to you and all of the RV owners of your community. o 9 p •i C 'Y f ARIZONA. Glendge } Virtually every resident in the community 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 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 with anti-RV sentiments. ( Good Samer Merle Peck studied Good Sam's Legislative Kit to prepare a pro-RV presen- e tation for the commissioners. He concentrated on the Euclid, Ohio, ruling (see page 45 in this issue of the Parking Rights Manual). Good Samer Floyd Getsinger was appointed to present this information, but he was met with a cold reception by the commissioners who requested that he make it fast; they were not interested in hearing any legal opinions. However, the little information he did present piqued the commissioners' interest sufficiently to delve into the subject. and to look into the Euclid decision. 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 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. . ORDINANCE NO. 1237 NEW SERIES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, RELATING TO THE OFF STREET PARKING OF VEHICLES; AMENDING AND ADDING PORTIONS OF APPENDIX A, AR: tCLE XXV, SECTION 82; AMENDING AND DELETING PORTIONS OF C CHAPT9 ISA, ARTICLE I, SECTIONS ISA-I AND 18A-4 ALL OF THE CITY CODE; AND DECLARING AN EMERGENCY Be it ordained by the Council of the City of Glendale as follows: SECTION 1. That Chapter 18. Article 1, section 18A-I is hereby amended to add the following definition: 11 "Recreational Vehicle. A vehicular type of unit forty (40) feet or less in length and eight (8) feet or less in width, primarily designed as a temporary living quarters for recreation, camping, or travel use, which either: (1) contains its own motive power as in the case of motor homes, mini-motor homes, or recreational vans; (2) is drawn by another vehicle as in the case t of travel trailers, tent trailers, camper trailers, or watercraft on boat trailers, or (3) is mounted on another vehicle as in the case of truck campers." SECTION 2. That Chapter 18A, Article 1, Section 18A-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 in a mobile home park. No person shall park any mobile home on an 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 provisions of Section 82, Article XXV, Appendix A of the Glendale City Code, provided that no living quarters shall be maintained or any business carried on in such recreational vehicle while the same is so parked or stored." SECTION 3. That Appendix A. Article XXV, Section 82 (a) be amended to read as follows: J (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 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 i driveways or aisles leading to the front yard. SECTION 4. That Appendix A. Article XXV, Section 82 be amended by adding new paragraphs (1), (m) and (n) as follows: "(1) Any vehicle which is not otherwise prohibited by the provisions of this Ordinance from being parked in the front yard of a single-family or two-family residence lot i 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 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.". "(m) No part of any vehicle parked in the front yard of a single-family or two family residence lot in accordance with the provision of subparagraph (1) hereof shall _--.tend over the public sidewalk, or 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 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 surface located on an adjacent lot." "(n) Not more than one (1) unregistered or inoperable motor vehicle shall be stored on any lot or parcel of land within any Residence District, and no such unregistered or 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 necessary for the preservation of the public peace, health and safety of the City of Glendale. an 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, 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: Mayor Laverne Behm William E. Farrell John Maltbie City Clerk City Attorney City Manager 12 MINOR= - M__ ARIZONA, Phenix The 67,500 RV and boat owners of Phoenix, Arizona, nearly became victims of legislation 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 Samer 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. The proposed front yard parking ordinance first surfaced before the City Council of Phoenix in Jane, 1984, in response to complaints concerning oversized vehicles in residential areas. Only two RV owners, Lee and Doris Tyner, coowners of a 19-foot mini motorhome, were present at that first meeting. At issue was a phrase in the proposed ordinance specifying that "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. The proposed ordinance was referred to the Zoning Ordinance Revision Committee (ZORC) for further study. 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 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 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 that most of the residential areas in Phoenix do not allow sufficient space for side or back yard parking. She also brought up the lack of alleys and the insufficient number of commercial storage lots in the area. It was brought out that although there had been complaints relating to "motor vehicles" 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 presented them with statistics that would help them make an educated decision. 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 motorhome is $700, more than many people pay in real estate taxes; the city sales taxes on new RVs put $1,114,000 into the city treasury in 1983. An aid to the mayor told Lee that the resistance to the ordinance was the ,best researched _ 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 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. i During this entire time, no organized interest groups stepped forward in opposition to RV parking. 13 By October 4, the committee of two that had appeared at the first meeting to represent ftV owners had grown to 200 as the snowbirds started filtering back to the area and vacationing RVers returned to their hags 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 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 victory 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. 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. r C 14 1111i I'llililictig !I liopi! 1 ARIZONA, Sierra Vista The community of Sierra Vista, Arizona, had no parking ordinance and, thanks to quick action from Good Samers 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 an ordinance that would have been very restrictive to all RVs in that community. The proposed ordinance would have permitted an RV to be "parked in any enclosed structure, in a side or 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 sidewalk or thoroughfare. Good Samers Carl Kimble and John Hulfin enlisted the assistance of RV owners 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 modOn 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, ii passed, .vculd Dave carried a heavy fine and possible jail sentence for violators. C i f 15 RICO .tU CALIEFORMA, Agoura Ws 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 Oct 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 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' persons who actually are engaged in loading or unloading an RV or anyone who is emergency repairs. Since the ordinance allows street parking between the hours of 5 p.m. and 9 a.m., resid using their RVs for daily transportation can utilize this space for overnight parking. ORDINANCE NO. 33 AN ORDINANCE OF THE CITY OF AGOURA HILLS CONCERNING THE PARKING OF OVERSIZE VEHICLES AND CERTAIN COMMERCIAL VEHICLES ON PUBLIC STREETS AND HIGHWAYS AND AMENDING THE AGOURA HILLS MUNICIPAL CODE r The City Council of the City of Agoura Hills does ordain as follows: Section 1. Chapter 2 of Article III of the Agoura Hills Municipal Code is amended by adding Sections 3201 and 3202 to read: 3201. Ove,size Vehicles-Parking Within Residential Zone. (a) No person shall park or leave standing upon any public street or highway within a residential zone, as amended, any oversize vehicle at any time between the hours of 9:00 a.m. and 5:00 p.rn. 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 (80") in width, or eighty-two inches (82") in height, exclusive- of projecting lights or devices allowed by Sections 35109, 365110, or 351 12 of the Vehicle Code as may be arni ended. (b) This 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 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 materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a public street or highway within a residential zone for which a building permit has previously been obtained. (c) Violation of this section is hereby deemed to be bn 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 highway in a residential zone in violation of this section may be removed from the street or highway upon which such vehicle is parked or left standing. PASSED, APPROVED AND ADOPTED this 19th day of October, 1983, by the following AYES: 4 Frances J. Pavley ATTEST: NOES: 0 Mayor E. Fredrick Bien ABSTAIN: I City Clerk lip l • CALIEFORNIA, San Leandro 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 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 pickups with shells were to be exempted from the restrictions. Council members agree that, should the ordinance be passed, it would not apply to short- 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 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 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 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 hours of 2 and 6 a.m. San Leandro, California TITLE VI VEHICLES Chapter 1 :~affic 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. (1) No motor vehicle exceeding the following two (2) dimensions: twenty (20) feet in iengi , and seer? (7) feet in height shall be parked or left standing within twenty (20) feet of the front yard or street slue yard (o^ ? corner lot) side of the sidewalk; provided, however, that such motor vehicles may be so parked or left standing on the driveway portion thereof, iEspace is not 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 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) Not withstanding paragraph (b) (1) of this section, no part of any motor C 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. 17 MEMO CALIFORNIA, Redondo Beach Another example of how one person can make a difference comes from Redondo Beach, California. It was in 1980 that Good Samer Dr. Win Buckner almost single-handedly defeated the 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 busy week for Buckner. He wrote and had printed 500 flyers which he and his 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. 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 them. 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 on driveways, side yards, and back yards if they were behind the front line of the main structure on the property. Redondo Beach, California 1. 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 seventy-two (72) consecutive hours, of ® boats, house trailers, camp trailers, detached camper-trailer tops, dismantled vehicles, and other traders in the front yard area ("front yard arc-a" ucfiacd herein. ;;r the ptr.r,s: of this >cct.iva 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 proparty 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. (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 wail 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 9 construction equipment or materials, or storage and/or parking for more than seventy-two (72) consecutive hours of boats, house trailers, camper trailers, detached camper-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 yard 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. (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. . '3 4 i aim ,i i jj 19 I i f ; l ' CALIFORNIA,. Sunnyvale Dick Fish, Good Sam's Northern California state director, spearheaded an effort in Sun- nyvale. California, that resulted in favorable legislation for RV parking on private property. 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 or in the public interest. 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 opposition was expressed by some to specific points which might well have been modified 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, but this did not eliminate the problem. Based on first-hand observations and continuing com- plaints, there still was a need for some parking ordinance regulating M. A casual survey at that time also indicated that the number of recreational vehicles was growing, particularly small and medium-sized vehicles. (This was following the gasoline crunch of the mid-1970x.) 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 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- 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 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 designated as parking and loading areas and their approaches shall be paved with asphaltic or Portland cement concreted surfaces, and bumper guards, stall entrances. and traffic flow markings, shall be provided and main ir.ed in conformity with standards approved by the directory of community development. Provided, however, that in R-O and R-1 zoning dist::C.s. the surface of parking areas and their approaches may be some other stabilized permanent surface in conformity with standards approved by the director of community development. (Ord. 1949-79 § 2: Ord. 1786-75 § 7, 1975: Ord. 1081 § 1 (part) 1963: prior code § 10-3.1025). ` 19.48.260 Parking in front and side yards-when allowed: Except in a corner triangle 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- I zoning districts such parking shall be limited to 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 § 10-3.1027). MINIBOOM -Him= NOW { CALIFORNIA, VaHejo Serving on committees and attending meetings can result in favorable legislation. That's 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 over 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 30 days :n any one calendar year. ORDINANCE NO. 218 N.C. (2d) AN ORDINANCE OF THE CITY OF VALLEJO AMENDING THE 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 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, PIEt-E, PARCEL. OR TRACT OF LAND WITHIN THE CITY OF VALLEJO: SUBJECT TO CERTAIN EXCEPTIONS AS EXPRESSED THEREIN; Ehr_MPTING THE PARKING OR STORAGE THEREOF WHEN NOT USED FOR LIVING OR SLEEPING PURPOSES IN VIOLATION OF CITY ORDINANCES OR REGULATIONS; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE AND A SEPARABILITY CLAUSE; AND REPEALING SECTION 10(a) OF ORDINANCE NO. 430 N.C., AND ALL GTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT THEREWITH. The Council of the City of Vallejo does ordain as follows: 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 MOBILE LIVING UNITS $cCiivii i.w.vav. ua-a aNiuONa. As used in this ♦,uap aea. "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 1 (Sections 18000-18013), Pan 2 (Mobile Homes) and in Chapter 1 (Sections 18200-18220). Part 2.1 (Mobile Homes Parks C Act), Division 13 of the Health and Safety Code of the State of California, and a camp trailer, house car, or trailer coach, as each of these terms is defined in Division 1 (Sections 100-675) of the Vehicle Code of the State of California, or any other vehicle or structure originally designed, or permanently altered in such a manner as will permit occupancy or use thereof for living or 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 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. Section 7.96.020. USE OR OCCUPANCY OF MOBILE LIVING UNITS FOR SLEEPING PURPOSES PROHIBITED; EXCEPTIONS. It shall be unlawful for any person to occupy or use any mobile living unit 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 except as provided below and in Sections 7.96.040 and 7.96.050 of this chapter: (a) Within a lawfully established and licensed mobile home park, 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 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 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 said mobile living unit shall not be connected to any utility, other than temporary electricity hookups, and provided further that the host person shall receive no compensation for such occupancy or use. All temporary electrical hookup facilities shall comply with applicable state law and the Vallejo Electrical Code. No such mobile living units shall discharge any litter, sewage. effluent or other matter 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 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, or otherwise, to permit the same to be occupied or used by any mobile living unit for living or sleeping purposes. 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 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 of the State of California; (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, as defined in Section 7.96.010 of this chapter, or meeting such requirements in the jurisdiction of registration, if the vehicle is registered outside of the State of California; (c) The self-contained utilities described in (b) above must include toilet facilities; (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 in any residential zoned district; and (f) No mobile living unit may be parked under the provisions of this section anywhere in the City of Vallejo for two or more consecutive nights. Section 7.96.050. EXEMPTION FOR PARKING OR STORAGE Vl\ OWNED OR LEASED PREMISES. Nothing in this chapter shall be deemed to prohibit the owner or operator of any mobile living unit from parking or storing his mobile living unit upon premises owned, leased, or otherwise lawfully occupied or used by him, so long as such mobile living unit is not 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 Vallejo. Section 7.96.060. PENALTIES. Every person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon a first conviction thereof shall be 9'y punished by a fine not exceeding ONE HUNDRED DOLLARS ($100.00), or by imprisonment in 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 (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 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 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 the City Manager by writing filed with the City Clerk, to enforce the provisions of this chapter. The Building 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 by the City Manager, are hereby empowered to make arrests a,.-' issue Citdtiuns pursuant to Section 836.5 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 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 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. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect ffrom and after thirty (30) days after its final passage. r First read at the regular meeting of the Council of the City of Vallejo held on the 18th day of March, 1974, and finally passed and adopted at a regular meeting of the City Council held the 25th day of March, 1974, by the following vote: AYES: Councilmen Bertuzzi, Cunningham, Curtola, Douglas and Sibley NOES: None ABSENT: Councilmen Asera and Dubnoff, excused. Signed/FLORENCE E. DOUGLAS Mayor KEN ATTEST: Signed/HELEN G. SEEBER City Clerk C S t 23 FLORIDA, 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- 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. 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 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 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, § 1, 2-7- 78) Sec. 20-2. Scope. This chapter is intended to be applicable in all residentially zoned areas within the city limits. (Ord. No. 78-2, § 2, 2-7-78) 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 length does not exceed thirty-five (35) feet and total body width does not exceed eight (8) feet, 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 regulations to apply. This chapter is primarily for the purpose of protecting residential zoning. Therefore, any ordinances of this city or laws of this state 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 statute, whether primarily for the regulation of recreation vehicles, boats or boat trailers or !Motor vehicles Or or p,urPoses 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) ( Sec. 20-5. Effect on private limitations on land use. This chapter shall not be con- strued to limit any deed restrictions, condominium regulations 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) 24 MORN IN Mam MVM Sec. 20-6. Conditions to parking on rivate ro . Parking or storing of recreation vehicles, boats or at trailers on private property may be permitted under the following 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 driveway. (c) That the recreation vehicle, boat or boat trailer may be stored in the rear yard. not closer than five (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 x licensed 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, shelirock or concrete. (g) That the total number of vehicles (other than passenger vehicles) so-parked or stored shall be limited to two (2), not including those kept in a garage. Only one ' recreation veh; - 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 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. 80-23, § 1, 6-3-80) Sec. 20-7. Time limit 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) F Sec. 20-8. Occupying on private property. (a) Generally. It shall be unlawful to occupy any recreation vehicle while said vehicle is parked or stored on private property unless such use is specifically permitted in the applicable z.,ning district. (b) Construction trailers shall be permitted as outlined in Section 4(H) of Appendix A of this Code. (c) Mobile homes as defined in Section 1, General Definitions, of Appendix A of this Code shall be permitted in applicable zoned districts. (Ord. No. 78-2, § 6, 2-7-78) C i 2S r OEM FLORIDA., Buenaventura Lakes Early in 1984, 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 RVing community. In this particular case, the plaintiff filed a complaint seeking to prohibit the defendants, Joanne Snider and Sue Gesaman, 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 kind shall be permitted to be parked in the subdivision for a period of more than four hours (except during con- struction) . The trial court ordered the owners of the motorhome to remove the vehicle within 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 imposed on the property owners of the subdivision. He also referred to the definitions of mobile home and motorhome as they appear in Webster's New Collegiate Didionary 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. C Y tI S {~2 f } 1 ,i FLORIDA.. Samar 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 RVers of that community combined their efforts in presenting their needs to the city council. The ordinance allows RV 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 6(16); DEFINING RECREATIONAL VEHICLES AND BOATS; PROVIDING RESTRICTIONS ON THE 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 68-4 Section 6(16) be, and the same is hereby amended to read as follows: 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 camper, boat, swamp buggy, or other vehicle shall be parked overnight in the City of Miramar unless parked in an area Toned for such purpose or 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 garage or carport, or unless conforming with the following requirements. 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 dwelling purposes shall meet the following requirements when parked. in the open on lots containing a singlr family or duplex residence: 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 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 equipment by guest not to exceed fourteen (14) consecutive days. 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. C i f t Z7 j I i ELLINOIS,. West 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. 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 anti-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. i 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 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 th(- vehicle. AN ORDINANCE AMENDING CHAPTER XII ZONING, ARTICLE H GENERAL ZONING DIS- TRICT 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 VILLAGE BOARD 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- r eGE OF WEST DUNDEE, KANE C-OUN14 iiLINOiS, THIS ti1ri DAY OF DECEMBER, 1983 ORDINANCE 83-13 AN ORDINANCE AMENDING CHAPTER XH ZONING, C ARTICLE II 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: Section 1: That Chapter XII Zoning, Article H General Zoning District Regulations, ,o Section 210 Outdoor Storage of Trailers and Boats, of the Municipal Code of the Village of West t WWI 0 Dundee, Illinois of 1973 be, and the same hereby is amended, by repealing said section in its entirety. The amended chapter shall be designated as Chapter XII Zoning, Article 11 General Zoning District Regulations, Section 210 Outdoor Storage of Recreational Vehicles, Boats, and Trailers, the same now to read as follows: CHAPTER X11 Zoning ARTICLE 11 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 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 vehicles with "RV" license plates. A recreation vehicle shall include but not be limited to the following: travel trailer, pick-itp camper, motorized home, camping trailer. 4. Owner: Means a person other than a lien holder having a property interest in or title to a boat, trailer, or recreation vehicle. The tern 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 performance of an obligation. B. General Conditions 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 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 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 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 rnotorized 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. 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 j 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: 1. General Conditions a. Mobile Condition: A parked, standing or stored trailer or recreation vehicle 1 shall be maintained in mobile condition. 29 b. Temporary Loading/Parking: Boats, trailers, and recreation vehicles shall be permitted to be temporarily parked in the front driveway of any residence for up to 48 hours within any 15 day period to accommodate loadinglunloading operations, out-of-town guests, and minor repair/maintenance work. c. Indoor Storage_ A boat, trailer or recreation vehicle may be stored indoors provided 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 = 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 locations: a. Height: 11 feet excluding antennae. b. Length: 30 feet, excluding hitch, tongue, and other appendages. c. Width: 8 feet excluding attached hardware. d. Rear Yard: closer than 3 feet from the rear property line. 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 provided in Section Clb Temporary Loading/Parking. No motorized recreational 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: a. Height: 7 feet excluding antennae. b. Length: 20 feet 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 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 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 passage and approval as provided by law, and after publication in pamphlet form pursuant to the authority of the President and Board of Trustees. 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 NAYES: 0 ABSENT: 0 Thomas R. Warner Village President, Village of West Dundee, Kane County, il. ATTEST: Margaret Jefferson Village Clerk by Barbara Haines Deputy Clerk in IOWA, Maquoketa 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 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 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, requiring that they meet certain standards and that valves be closed unless the vehicle is being 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. 5-IC-6: DEFINITIONS OF RECREATIONAL VEHICLE AND VESSEL: 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 overall length, eight (8) feet in width, or twelve (12) feet in overall height, which applies to the 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; and be licensed and registered for highway use. 2. 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 highway use; and which when equipped for the road, has a body width of not more than eight (8) feet. 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, recreation, and vacation use; and to be licensed and registered for high ;;•ay use. 5. Bna►_ Trailer-A vehicular structure without its own motive power, designed to transport a 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 the transportation of horses and which, in combination tivith 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 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 and its towing vehicle, when parked. shall be considered one (t) unit, exclusive of its towing vehicle. 5-1C-9: REGULATIONS GOVERNING RECREATIONAL VEHICLES AND V SSU S: Any owner, lessee, or bailee of a recreational vehicle may park 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 vehide 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 Transportation 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 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, 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. 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- 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. (c) Parking of recreational vehicles or vessels is permitted in front driveway or an area ad- jacent to the driveway provided: (1) 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 yard if terrain permits and an access can be had without substantial damage to existing large trees or landscaping. A corner lot shall ne: mally be deemed to hav 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. (d) The City Manager or Police Chief may issue a permit for parking on any City street- ~r 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 district. (f) The owner of a recreational vehicle or recreational vessel parked on a single lot in a residential district shall also be the of mer or the renter of such residential lot. C i 3 } 32 OUGAN, Frenchto To ship The RV parking victory won by the RVers of Frenchtown Charter Township in Monroe County, Michigan, was referred to by a local newspaper as "a textbook case of democracy at work." Good Sam_ was fortunate enough to receive from member John Tomaro, who was spokes- man for the RV contingent, a complete file on the steps taken to win this important decision. The task accomplished by the RVers of Frenchtown Township should provide ideas for other communities facing similar circumstances. The seed was planted on August 3, 1983, when Good Samers Roman and Elgie Grabitz 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. 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 given 30 days to move their motorhome. At that time, the ordinance specified that RVs could be parked or stored outdoors in any single family residential district, but only in the rear yard. The couple then appeared before the Frenchtown Township Board to ask for a variance. Speaking in their behalf was Tomaro. j He persuaded the board to request the planning Commission to schedule a meeting to hear the views and continents of residents in the township concerning RV parking. Tomaro_ became spokesman for the RVing community throughout the following proceedings. On Sept. 22, 1983, the Grabitzes and Tomaro appeared before the Frenchto-v, a Planning Commission, but their request to have the ordinance reviewed fell on unsympathetic ears. The Commission didn't want to open up a Pandora's box."' Not accepting this defeat, the Grabitzes and' another couple, who also had received a citation, paid for an ad in the loco-1 ne vspapci iurvidug anyone interested in RV parking to attend a meeting. At that meeting, attended by several interested residents, It was determined that a petition would be circuiated to gather signatures to present to the Board, asking for a revision of the ordinance. Although it was during the holiday season, committee members managed to get nearly 1500 signatures in just two weeks. In. early January, the petition was presented to the Frenchtown Township Board. As a result of the number of signatures, the Board sent the Planning Commission a letter recom- mending that the Commission consider holding public hearings on the situation. It was deter- 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 a single household, that still represented 700 property owners; with 6300 households in the township, the signatures represented more than 10 percent of the residents. C After the initial hearing, members of the Planning Commission agreed that the matter 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 three other residents to study the problem and present their ideas for 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. 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 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 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 of what can be accomplished. From a small voice that of the Grabitzes 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.- Throughout the negotiations, the meetings attracted extensive press coverage, helping the RV committee in enlisting the assistance of others in the community. Charter Township of Frendttown Ordinance No. 100 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: Amend Ordinance No. 100 section 4.05 Paragraph (e) to read as follows: Recreation vehicles where parked or stored may be located in the front, rear or one side yard separately or in the following combination; front yard and one side yard, rear yard and 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 in only one such yard, that being the side yard closest or immediately adjacent to the main 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 vehicles may be located closer to the pr.,rnar,, building than ten (10)" feet. When recreation vehicles are parked or stored in the front yard the location of all such vehicles shall not be closer than twenty-one (21) feet from the edge of the traveled roadway and shall be restricted only to 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 parking or storage area located in the front yard, said area shall as a minimum be constructed of a six (6) inch depth of compacted 21A gravel or equivalent approved by the building inspector. For the purpose of this section 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 located on the site, a driveway may not be greater than 21 feet in width. 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 take lot line. C When effective: This Ordinance shall become effective thirty (30) days after final passage and publication in the Monroe Evening News, a newspaper having general circulation in Frenchtown Charter Township, Monroe County, Michigan. Frenchtown Charter Township Board By: Bernard J. Felder Authenticated: Frenchtown Charter Township By: Robert J. Norwooc Monroe County, Michigan July 3, 1984 34 B5, Bellevue A few months after 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 similar r-rmnittee with the same favorable results. 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 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, THE ZONING ORDINANCE OF THE CITY OF BELLEVUE: TO PROVIDE AN EFFECTIVE DATE. 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 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. 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. 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 mounted on a trailer. A vehicle meeting the above definition except for size is not deemed inciden ial W a dwelling unit. YARD, FRONT, means that part of a lot between the front lor line and the front(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 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 or rear yard. 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. Parking is permitted inside any enclosed structure, which structure otherwise 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; F C. Parking is permitted outside on a concrete driveway, provided: 35 IBM= A 1. Space is not available'in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard; a comer lot is always deemed to C have reasonable access to the rear yard; a• fence is not necessarily deemed to 3 prevent reasonable access; 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 must be at least 13 feet from the face i of any curb; j e. No part of the unit may extend over the public sidewalk or public 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 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. 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 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 according to law. Passed and approved this 10th day of June, 1974. Signed/Robert M. Haworth Mayor ATTEST: S:^^Pd/Mary Struklett City Clerk First reading: May 13, 1974 Second .,-ad•.^.o: May 27, 1974 Third reading: June 10, 1974 i 16 s i NEW .JERSEY, Tenafly ~ 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. i 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." PUBLIC NOTICE BOROUGH OF TENAFLY 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. Q 1.. 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 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 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 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: 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 truck chassis behind the truck's rear wheels. When removed from the truck, campers are called unmounted campers. These campers are sometimes called truck campers. CAMPING TRAILER - A type of trailer or trailer coach, 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 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 ( 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 snowmobile. 37 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 360.10 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 vehicle 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: 1. Within an enclosed building conforming with all provisions, restrictions and regulations of the Tenafly Zoning Ordinance. 2. 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 shall: 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, 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 facing the adjacent property or the street. A fence shall be 75% solid. Shrubbery shall be at least six feet high and planted at sufficiently close intervals to provide immediate effective screening 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 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 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 necessity of the granting of a variance by the Board of Adjustment under the following conditions: i. The recreational vehicle shall be parked in the side yard as of the date of the adoption of this ordnance. y L ii. A finding is made that: a. The recreational vehicle cannot reasonably be parked in the rear yard in such a way as to conform with this ordinance due to the size of the lot and the location of permanent structures thereon; or b. To locate sable iii the roar yard old re-quire substantial removal of existing landscaping; or c. The recreational vehicle, if parked in the rear yard, would be more offensive to nei.1h.be s- 2nel the nuhlir in general than it would be if parked in the side vard. iii. The owner of the recreational vehicle shall, within 60 days of the adoption of this ordinance, apply to the Recreational Vehicle Appeal Board as hereinafter constituted for certification of the facts required by paragraphs 1 and 2 above. -MM 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. 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 ~o 111111161111 11115111111 01 1 Recreational Vehicle Appeal Board shall cease to exist. i B. In a commercial or industrial zone as follows: ii 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 t buildings or structures on the lot and indicating the area where the recreational vehicle shall be 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. 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, adequate screening, appropriate fire protection and adequate safety conditions. 3. The Planning Board shall render a decision within forty-five days after receipt of the plan by the Board's secretary. 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 completely enclosed building which conforms with all the regulations of the Zoning Ordinance of Tenafly. 3. No recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities. 4. No more than one recreational vehicle shall be stored on a single lot in a residential zone outside a completely enclosed building which conforms with all of the regulations of the Zoning Ordinance of the Borough. 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 written permit from the Zoning Officer of the Borough. The written permit shall be renewable 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 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 (360.10), 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: 1. The owner shall fail for a period* of one year to maintain a permit for a vehicle located at that site, or 2. The ownership of the property shall be transferred, leased or released to a different tenant. F. Except for special site plan permits issued in a commercial or industrial zone the recreation vehicle must be owned by the owner of the premises on which it is parked or by the tenant if said dlwelting unit is a reentable property, it being the intention of this restriction to 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 play, approval snail be limited to storing recreation vehicles owned by 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. Section 3. The Schedule of District Regulations shall be further supplemented Loncerning additional regulations applicable to all zoning districts with the exception of the open zone by adding the sentence, "Recreational vehicles shall be permitted only in accordance with the provisions of Section 360.10". Section 4. All other ordinances or parts of ordinances inconsistent herewith are hereby repealed Z5 to such inconsistencies. 39 !!~:J~T11101`11 1 WWI ,I C NEW MEMC®, 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. At the time the need for a new ordinance was made public, the city was working with 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 ten members, five of whom were RV owners and five non- owners. Included on the committee were one Good Sam member (Murray Getz), two members of another RV organization, a representative from the real estate business, a lawyer and a member of a boating club. 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 generated no objections from the floor and the City Council voted unanimously to pass the 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. COMMISSION ORDINANCE NO. 26.1973 AN ORDINANCE AMENDING SECTIONS 4 AND 7 OF COMMISSION ORDINANCE NO. 2726, AS AMENDED, PERTAINING TO ZONING REGULATIONS ON YARDS, BOATS, RECREATIONAL VEHICLES, TRAILERS, THE PARKING OF SUCH VEHICLES IN RESIDENTIAL ZONES, AND DECLARING AN EMERGENCY. Be it ordained by the City Commission, the Governing Body of the City of Albuquerque, New Mexico: Section 1. The definition of "Trailer" in Section 4 of Commission Ordinance No. 2726, as amended, is hereby repealed and the following paragraphs are here-by added to correct alphavedcal sequcrce to Section 4 of that Ordinance: BOAT means a vehicle for traveling in or on water, not exceeding 30 feet in body 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 living quartets 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 a size is not deemed incidental to a dwelling unit. 41 TRAILER 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 property or as a human } habitation. However, a structure which meets the requirements of the Building Code of _ _ :h ail ways, including foundation, is not a trailer, whether or ar: of a lot between the front lot line and the front(s) of 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 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 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 Commi.sior. Ordinance No. 2726, as amended, is hereby redesignated 7. A. 2.f. Section 4. The following is 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: (1) Inside parking, or (2) Outside parking in the sAc yard or the rear yard, or Outside parking in the front yard, provided_ 1a) :Space is not available or there is no reasonable access to either the side yard or .rCW-Var a '-VW.I er lri i:; always deemed to have reasonable access to the rear vzii} at a+:• vim necessarily deemed to prevent reasonable access; (b3 , • U~'*_ possible; ' (c) The unit is parked r•ee ndicular to the front curb; (d) The body of the recreational vehicle-6 r"boat is at least 11. feet from the face of the curb: and - k,. N4, part of the im., extends over the public sidewalk. (4) Parking is permitted oily if the unit, while parked in this zone, is (a) Not used for dwelling purposes, except one recreational vehicle may be used for dwelling purposes for a maximum of 14 days in any calendar year on any given lot. Cooking i• not permitted in the recreational vehicle at any time. Butane or promine fuel shall not be used. (b) Not permanently connected to sewer lines, water lines, or electricity. The recreational vehicle may be connectedio electricity temporarily for charging batteries aPJ outer ourposes if the receptacle and the connection from the recreationai ven.. r nas been inspected tend approved by the City; this connection must meet the Electrical Code of the City of Albuquerque and a City electrical !^~trri~' rm-:: t*- ,~::~aed for all such installations. The individual taking out the r: •tt*iw*M.-fo+ f:n inspection of the electrical wiring when ready for _ M:2*ross ~t f.::~ 1: nspection fees will•_be ,charged, except no inspection shall be ! „ ,it<yc!t': _ S1.50 fee. (c) Not used for storage of goods, maicrials eq>.lipment other than those items canskk-red to be a part of the unit or essential for its immediate use. (5) Notwid standicig the provisions of Subsectiont•(3) and (4) above, a unit may be parked anywhew.on tie prct-inises du na active loading or unloading, and use of electricity or propane fuRl rs permitted when necessary to:preparea recreational vehicle f^r use. (6) If the chwding on the lot is under construction the provisions of Section 7.A.2.g.(3) C below shah control, rather than the provisions of Subsection (1) through (4) above. g. Trailer parking as follows: (1) Inside.parking if ill 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 L: ,.acit}1. , (3) As a dwcMr:ig connected to any utilities, for a period of up to six months or until I Milli MEN= F , construction is completed, whichever comes first. The six-month period shag begin to run from the date on which a building permit is issued for a dwelling unit qn the same lot. The body of the trailer shall be set back at least 5 feet from any lot line and 8 feet from the dwelling under construction. (4) Notwithstanding the other provisions of this subsection, a trailer may be parked t anywhere on the premises during active loading or unloading. Section S. If any section, subsection, paragraph, sentence, clause, phrase or part hereof are. for any 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 & This ordinance is hereby declared to bean emergency measure on the ground of public need. Y 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, Bernalillo County, New Mexico this 12th day of March, 1973. Signed/L.. MAAVEDA Chairman, City Commission ATTEST.• Signed/GISELE GATEGNAL City Clerk APPROVED AS TO FORM: Signed/PATRICK L. McDONALD Assistant City Attorney C.. y I zi mom l NEW YORK, 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, when a petition was signed by 160 residents requesting that the ordinance be amended to restrict the time and location of parking of RVs in residential districts. The required public hearings were held, and in .Tune, 1984, the town board issued a news release that stated the following: r As previously explained by Town Board member aware of the concerns of their neighbors who oppose Channing 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 recognized the legitimate concerns of approximately of individuals and not of restrictive regulations. Penfield nne 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 Planned Prog- Ordinance be amended to restrict the time and location ress." 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 pri- 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. residents. On issues that would affect all Town residents Failure to do so will leave this Board no alternative but by way of existing Ordinance amendment, public hear- to reconsider the imposition of unwanted regulations. 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- The information gleaned from the public hearings tain commercial vehicles over one-tor, capacity to fin- is that use and ownership of recreational vehicles is sure and preserve the character of residential closely associated with "family function and enjoy- neighborhoods. ment." To deny or severely limit residents in this area It is the Board's hope that all individuals who own by regulation would in this Board's opinion be, at this recreational type vehicles and boats will make every time, contrary to the purposes for which residential conscious effort to locate them so they are least offen- districts exist as defined in Article III, Sec. 3-33 c of our sive and obtrusive to their, neighbors. We at this time 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 maintain the residential character of the district. The of this Board having to impose further regulations upon districts are to provide residential uses at suburban stan- 'its residents. dards." It is our further hope, that those people who be- 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 rrind_fbi and occur. Good Sam feels that the legislators of Penfield recognized the need for wholesome recreatiot that en ccur-_gPs family participation. Perhaps this approach will reach the leaders of othc communities. It also is hoped that RVers will recognize their responsibilities, as outlined in this documen to keep their RVs presentable at all times and to resolve their differences with neighbors in reasonable manner. -01H Q, Euclid Editor's Note: In February of 1977, a landmark decision on the rights of RVers to park their rigs on their own property became final when the U.S. Supi=eme 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-Way Herald. 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 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 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 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. 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 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. 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 court then stated that: The vice of the present ordinance is that the record wili support neither an application of the ordinance which bears a substantial, and therefore reasonable, relationship to public health, safety, morals or weuare-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.... 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 F Raw for fire fighting equipment, would serve as a conduit for fire, was more difficult to move than a car, lowered property values, and under certain circumstances, could create a safety hazard 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 move as trailers if locked, may impede fire fighting and/or cause fire hazards and may be unsightly when stored outside. But the state appellate court properly disregarded this evidence, following a generally recognized rule of law that it is for the trier of the fact (here the trial court) to resolve conflicts in evidence. The court then posed and answered the constitutional question: Where, then, are the Due Process and Equal Protection r vices of the ordinance? They lie in the indisputable fact that enclosing vehicles classified as trailers does not change the fire hazard propensities; does not enlarge health safe- guards. Indeed it is clear beyond peradventure that en- closure may diminish health and safety factors by trapping sewage spillage from portable sanitary facilities and collecting highly flammable escaping propane gas which would otherwise be dissipated in the air.... These are factors too obvious to be resolved on mere credibility determinations. They point up the arbitrariness and un- reasonableness of the attempt to regulate. Uncontrovert- able evidence also supports the Equal Protection violation in requiring vehicles in the trailer classification to be e::- closed. This evidence is found in omission of boats from the proscription unless parked on trailers-despite the obvious fact that non-trailer boat parking so decreases mobility that a boat so stationed is a greater safety hazard than one capable of movement on wheels. The Euclid decision is of great value in at least two areas: First, it is directly on point if you are facing an ordinance which limits the storage of RVs to enclosed structures, and should be brought to the attention of the planning commission, city 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 United States Constitution was violated by this ordinance which failed to include other rec- reational equipment (boats not on trailers) means that an ordinance which is not all-encom- passing would also be subject to attack. As a practical matter, you may want to hold this argument in reserve, rather than pointing out what may be fatal flaws in a proposed ordinance. 1n other words, if your city is contemplating an ordinance which would regulate the parking of some RVs, but not all, it would seem wriser not to point this flaw out if the only result 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 io you. M, to find out the reasons for the proposed ordinance, then come in with material and argument to show that automobiles are equally "guilty," for it is unlikely that the city would adopt an ordinance prohibiting the parking o automobiles as well. Thus, if the city suggests that RV's are -unsightly," bring in some snapshots of the mo! dilapidated cars you can find parked on your city's streets; if the city talks in terms of fir hazard, question the presumed difference between an RV and a locked car. The nossibilities are endless and the Euclid case should prove invaluable. WIN OKLAHOMA,. Oklahoma City In I978, 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. 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." 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- 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. This is a strong argument in favor of properly caring 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 (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 the following conditions and requirements: t. Inside parking, or 2. Outside parking in the side yard, or s. 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 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; 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 I1 feet from the face of the curb; e. No part of the unit extends over the public sidewalk; f. No sight triangle as required by ordinance shall be violated; and g. Cargo trailers, or stock trailers, are prohibited from parking in the front yard. ' P 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 f 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 electrical hookups, and provided further that the host person shall receive no compensation for such occupancy or use. Provided further that cooking is not permitted in the recreational vehicle at any time, and no such recreational vehicle shall discharge any litter, sewage, effluent or other matter, except into sanitary facilities designed to dispose of such material. 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 j Oklahoma City Electrical Code. 1 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 S 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 ! period not to exceed 48 hours shall be a reasonable period for active loading and unloading. (d) Accessory Sign. Accessory signs, including on-premises directional and information signs, identification nameplates and temporary signs, are permitted, subject to the provisions of the Sign Regulations. N4, i 3 S 9 AQ liipil !ill I I ;ll 1111111 ~Jlil Iiiii I'111 MEN, MEMORANDUM CITY OF TIGARD, OREGON P TO: Pat Reill FROM: Ed Murph DATE: October 20, 1992 SUBJECT: Regulations on RV's, boats, trailers, campers On February 11th, 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. Following is a summary of what the Tigard code currently regulates, which may assist with the Council's discussion of this issue. City Codes currently regulate as follows: • Places restrictions on storage within the required front yard setback area . . . . . . . . . . . Yes Places restrictions on storage within the required side or rear yard setback areas . . . . . . . No • Requires hard or graveled surfaced parking area . . . No • Sets limit on the number of vehicles at any one time . No • Restricts parking on the public street or within a public right-of-way . . . . . . . . . . . . . Yes • Restricts parking within a visual clearance area . . . Yes • Sets limitations on the size, length or height of vehicle . . . . . . . . . . . . . . . . . . No • Requires vehicles to be placed on the site perpendicular to the street . . . . . . . . . . . . . No • Restricts living and sleeping in an RV . . . . . . . . Yes • Restricts connection to sewer and water services . . . Yes • Requires proof of ownership . . . . . . . . . . . . . No • Requires vehicles to be kept in mobile condition . . . No i Requires vehicles to have a current state license plates . . . . . . . . . . . . . . . . . . . No • Allows vehicles to be used as a temporary dwelling Yes r lo(zolaz P9cnda +x.l FOR PHOTOS Z~ SEE PHOTO BOOK COUNCIL AGENDA ITEM MEMORANDUM CITY OF TIGARD, OREGON TO: Patrick J. Reilly, City Administrator FROM: Liz Newton, Community Involvement Coordinator DATE: October 12, 1992 SUBJECT: Board and Committee Structure In preparation for our discussion with City Council on October 20, 1992, I have reviewed the notes from discussions with each of the Boards and Committees. Below I have listed, by Committee, the three major issues raised. These could serve as the starting point for our discussion on the 20th. In addition, after the notes, are recommendations for the next steps in the process. BOARD AND COMMITTEE CHAIRS • Boards and Committees need specific tasks, clear expectations. • Support for broadening the issues. • Communication needs improvement. Y NPOs 5 & 6 • Support for involving NPOs in "quality of life" issues. • Currently serve in a reactive mode - paperwork with no substance. • Changes, especially in boundaries should be closely scrutinized. NPO 3 • Interested in issues as a whole unit - the big picture. • Support for Town Meeting concept. • Communication between city and citizens needs improvement. NPO 7 • NPO boundaries need scrutiny. • Support for broadening issues. • Structure needs to be more proactive, user friendly. NPO 8 NPOs get involved in issues too late in the process. • Citizens should drive the issues. • Citizens in general are not well informed. NPO 1/2 & 4 • Support for broadening issues. • City needs someone on staff to be the livability advocate. • The system needs to change. 1 ECONOMIC DEVELOPMENT COMMITTEE (Disbanded) • Committees need clear roles. • Citizens need to be involved, not on specific tasks, but to provide input. • Supported the (Super group) CIT concept. LIBRARY BOARD • Use of the CITYSCAPE expanded - more interactive, ask questions. • Consensus that the Library Board does have a good sense of purpose. • Question as to if and how the Library Board affects other Boards and Committees. PARK BOARD • Frustration that recommendations to Council are not "heeded". • The role of the Park Board as strictly advisory is appropriate. • Important for Boards to have members geographically representative. i PLANNING COMMISSION • Support for broadening participation • Frustration with lack of Planning Commission connection to transportation. • Support for Planning Commission involvement in longer range issues and the "big picture". SOLID WASTE ADVISORY COMMITTEE • Support for expanding tasks and awareness. • SWAG I s role seems to be to respond to staf f , not as initiators of change. • How do you get people involved? TRANSPORTATION ADVISORY COMMITTEE • Boards and Committees ineffective without direction. • Communication needs improvement. • Support for (Super Group) CIT concept. i C i t t RECOMMENDATIONS: • Incorporate Transportation Planning function into Planning commission. Appoint Transportation Advisory Board member to current Planning Commission vacancy. Appoint Transportation Advisory Board member to Planning Commission seat vacated by Wendi Hawley in January. • Defer filling any vacancies on other Boards and Committees until review of structure is complete. , 1k, rnoS. • Continue to reappoint existing members for ohe.xear to retain continuity during transition. • Develop "CIT" concept Neighborhood based (start with elementary school boundaries.) Ask existing Board and Committee members to provide input. • Review existing standing committee roles Are they effective and appropriate? Library Board Park Board Solid Waste Advisory Board i i r ( l j { t 3 13:11! i TIME LINE 11/4 Board and Committee Chair meeting Present CIT concept for feedback i 11/11 - 12/2 NPO meetings Present CIT concept for feedback 12/2 - 12/12 Concept Plan preparation Staff with input from interested B & C members 12/15 Concept Plan presentation to City Council i ;h. I 1 2 y ij :1 SEEM= 67 CITY COUNCIL BOARDS AND COM11TTEES NOTES • should be a training ground for potential leaders • should be broad based (truly representative) • the City needs to be realistic about time constraints of participants and the complexities of issues • there should be fewer groups with broader responsibilities • should not exacerbate already lengthy processes • should not imply a false sense of authority or power • should be more pro-active (community policing, surveys) r b&c.not. C a MEI40RANDUM CITY OF TIGARD, OREGON TO: All Depts. FROM: Duane Roberts, Planning Division DATE: October 13, 1992 SUBJECT: Community Development Block Grant (CDBG) Needs Assessment I need your help in identifieg capital improvement needs that might be eligible for CDBG funding. Some examples of eligible needs are: street/sidewalk repair and construction, storm drainage replacement, water main construction, neighborhood park development, youth service center renovation, social service center acquisition, and handicapped access improvements, to name a few. The County is in the process of preparing the 1994-1997 CDBG Plan. The.plan will describe the community development needs of low and moderate income residents. Project applications, to be submitted in fall 1993, must be based on the needs identified in this 1994-1997 plan. C Based on census block group data, only one area within the City is pre-qualified in terms of 51% or more of the residents having low or moderate incomes. A map showing this area is attached. Would appreciate hearing from you by October 26th if you know of any needs within this area or of any other needs associated with low and moderate income persons within the city. DR/CDBG October 13, 1992 F 1 CT oAxorA " NORtN JI{ • ly N / O P W T -p N s CRE _ •j n •~tl\y.~J P ✓ Q J O ~ P • l W N J I SO SC 51p• lE~s Z 1 r cr. s.w. 57. TANOE~-A a 0 n V p ~ z ^ sw rANOEtiT v~ e <9p~p N .M. o T ri 3 vi sy, sw MEADOW CEM q PEE s GVy 4. 1 K ATNER94E S.W. TjQ4 O a Sr ti 4•9935 E,M4t 3 IQ 1 `•..r.~ . N Y FOULER a+ :u"JOR t{ }{IOH m WOODARD s> SCHOOL- ~L PARK r' sr V 1 '-YDESMCE t y~ t t<~c' N Pt w JOM ,T. l SZ V ~ V W SANUT BPS r N CIA OV . o Pp S~, * O b # SW Y f QP < N 4C NV r s 4~ y , # V~ fw ERROL ~ S.b a ~#wT~iM ` q yjM o LEM A.tr t/ s+ SCHOOL 5. IOTTn S. CT 4 S A •d• S \cYO s °ty Him Y tL CT. s a• S~. c3 PERR b' `t t S~ / ~ \ 13~ ~ ST 2 I \ ' pAftK 5. py v~ < c^^~ h E C~E~ `tf W 4 0 5, COOK 44 . P• > O 9'OP~JT1• C '3 ~ C.~~ZCy~M 5. 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