Chapter 8.40
RECREATIONAL VEHICLES AND RECREATIONAL VESSELS
Sections:
8.40.050 Authority to grant certificates of compliance (COC).
8.40.060 Processing requests for a certificate of compliance.
8.40.070 Termination/revocation of administrative certificate of compliance.
8.40.090 Shielding and screening.
8.40.110 Loading and unloading certificates.
8.40.120 Guest recreational vehicles.
Prior legislation: Ord. 238.
8.40.010 Purpose.
The purpose of this chapter is to regulate the parking and storage of recreational vehicles and recreational vessels. These regulations are intended to preserve the natural scenic character of the city by establishing standards related to the parking and storage of recreational vehicles and recreational vessels. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.020 Scope.
This chapter is intended to be applicable to all residentially zoned areas within the city limits. Specifically, this includes the R-1 single-family residential zone and the R-M multifamily residential zone. All recreational vehicles, recreational vessels, utility trailers, and air vehicles as defined in PVEMC 8.40.030 are subject to PVEMC 8.40.040 through 8.40.120.
Any recreational vehicle, recreational vessel, utility trailer, or air vehicle maintained in violation of the provisions of this chapter shall be deemed a public nuisance and can be abated by the city in any appropriate manner. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.030 Definitions.
As used in this chapter, the following definitions apply:
A. “Air vehicles” include powered aircraft and sailplanes.
B. “Certificate of compliance (COC)” is a use permit issued upon request after compliance with all of the requirements of PVEMC 8.40.080 and 8.40.090.
C. “Manager” means the city manager or his or her designee.
D. “Recreational vehicles” fall into three broad categories: campers, motor homes, and trailers. They share certain things in common: they are truly mobile, and are primarily designed for recreational and vacation use, rather than permanent occupancy.
1. The “camper” category of recreational vehicles includes (a) chassis-mounted campers having a fixed living module and (b) pickup campers having a removable living module.
2. The “motor home” category of recreational vehicles has its own motive power, and contains a living module and driver’s compartment within one integral unit.
3. The “trailer” category of recreational vehicles includes (a) travel trailers, (b) fifth wheel trailers, (c) telescoping (vertically) trailers, and (d) folding trailers. These four types of trailers are all designed to be towed by a motorized vehicle.
E. “Recreational vessels” include all manner of watercraft, whether impelled by wind, oars, or mechanical devices, and associated trailers.
F. “Utility trailers” include all manner of trailers used to transport cargo of various sorts.
G. “Yard” and “front, rear, and side yard” definitions are as defined in PVEMC 17.08.440, 17.08.450, 17.08.460 and 17.08.470, respectively. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.040 Intent and purpose.
It is the intent of the city to create a certificate of compliance (COC) process for those situations where there is a need to exercise limited discretion under designated types of circumstances. The purpose of this chapter is to impose a limited discretion and control by the city in situations as specifically identified in this chapter. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.050 Authority to grant certificates of compliance (COC).
The manager may grant a certificate of compliance on terms and conditions that are harmonious with the general intent and purposes of this chapter so long as it is shown that the granting of such certificates of compliance will be consistent with the purposes of this chapter and the general plan, and will serve the public health, convenience, safety, and welfare. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.060 Processing requests for a certificate of compliance.
A. Requests for a certificate of compliance (COC) shall be made as follows:
1. On forms prescribed by the manager;
2. Signed by the owner of the property or the property owner’s duly authorized agent and sworn to by declaration or before a notary public;
3. Filed with the manager;
4. Submitted with an appropriate plan or graphic depiction of the affected property;
5. Any other information and/or documentation which the manager deems necessary or appropriate.
B. Upon the submission of a complete request for a certificate of compliance the manager shall investigate the request and make a determination within thirty days of such submission.
C. At the conclusion of the thirty-day period or at any time thereto, the manager shall render a decision in writing to approve, approve with conditions, or disapprove the request.
Notice of the manager’s proposed decision to approve the request, approve the request with conditions or disapprove the request shall be mailed to the applicant and to the residents of properties on adjacent sides and to the residents of properties across the street from the three above-mentioned properties; said notices shall advise that unless an appeal hearing is requested within fifteen days of the date of the mailing, the decision shall become final.
D. In the event the applicant or anyone receiving notice as required in subsection C of this section makes a timely written request for an appeal hearing regarding the request for a certificate of compliance, such a hearing shall be set before the planning commission in the same manner that any hearing is set before the planning commission, and shall be reported to the city council in the same manner as any other matter. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.070 Termination/revocation of administrative certificate of compliance.
A. A certificate of compliance shall terminate when any one or more of the following occurs:
1. The use for which the certificate of compliance has been acquired has been abandoned for six consecutive months or the owner of the property files a declaration with the manager that the certificate of compliance has been abandoned or discontinued; or
2. The certificate of compliance has expired or been revoked; or
3. The vehicle is sold or otherwise disposed of.
B. The manager may, after twenty days’ notice by mail to the certificate of compliance holder, revoke a certificate of compliance on any one or more of the following grounds:
1. The certificate of compliance was obtained by fraud;
2. The property subject to the certificate of compliance has been utilized contrary to the terms and conditions of approval; or in violation of any statute, ordinance, law or regulation not otherwise allowed pursuant to the certificate of compliance; or
3. The use privilege subject to the certificate of compliance is being or has been exercised in a manner which is detrimental to the public health, safety or welfare or so as to constitute a public nuisance.
C. The decision of the manager to revoke an administrative certificate of compliance can be appealed pursuant to the procedures contained in PVEMC 8.40.060(D). (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.080 Parking and storage.
Recreational vehicles, recreational vessels, utility trailers, and air vehicles are subject to the following conditions and requirements. The unit shall be parked in the location providing the greatest degree of visual screening. The order of priority for parking and storage shall generally be subsection A of this section, followed in order by subsections B, C, and D of this section.
A. Completely enclosed in a garage (no certificate of compliance required); or
B. Parked outside in the rear yard on a city-approved surface; or
C. Parked outside in the side yard on a city-approved surface; or
D. Parked outside in the front yard on a city-approved surface, subject to meeting the following conditions:
1. Space is not available in or there is no access to either the rear yard or the side yard; a corner lot is normally deemed to have access to the rear yard; a wall, fence, or shrubbery is not necessarily deemed to prevent access,
2. A removed module of a pickup camper shall not be stored in a front yard;
E. Unless a unit is completely shielded or screened from public view by shielding or screening which complies with all provisions of this code, it shall not be nearer to either the front property line of the building site or the line of any future street as shown on the official street plan than is permitted for buildings in the R-1 zone;
F. Public safety access will be maintained at all times;
G. No portion of the unit may extend beyond the property line;
H. All parked or stored units must be in an operable condition;
I. No parked or stored unit shall be in a visible state of external disrepair;
J. No more than one certificate of compliance may be issued per lot;
K. Except as provided in PVEMC 8.40.120, the unit shall be registered to the primary resident(s) of the property on which it is parked or stored. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 564 § 1, 1993; Ord. 540 § 1, 1991)
8.40.090 Shielding and screening.
Except where a unit is parked or stored in a fully enclosed garage, all recreational vehicles, recreational vessels, utility trailers, and air vehicles shall be fully screened from view on three surfaces including both sides and either the front or rear surface, and essentially screened from view on the remaining fourth surface, by a city-approved existing building, city-approved wall or fence, or shrubbery, to mitigate visual impact from neighboring properties. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.100 Occupancy.
Recreational vehicles or recreational vessels shall not be:
A. Used for dwelling or sleeping purposes;
B. Used for cooking purposes;
C. Permanently connected to electricity, water, or sewer lines. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.110 Loading and unloading certificates.
Residents who store units covered by this chapter in commercial facilities shall, upon submission of satisfactory proof of such storage, be issued a certificate stating the fact of such storage of a specified unit in such a commercial facility. This certificate shall be issued without charge, and shall be for the purpose of loading and unloading the unit. Such certificate shall be valid only for the period of time stated on the certificate, which shall be the same as any period of time stated in an agreement with such commercial facility. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.120 Guest recreational vehicles.
All nonresident-owned recreational vehicles shall require a city permit to allow parking and occupancy for a period not to exceed seven days in any one calendar year. One seven-day extension may be permitted. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)
8.40.130 Fees.
The city shall have the right to charge a fee for the certificate of compliance or any other permit authorized hereunder. The amount of said fee may be set and may be changed by city council resolution. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 540 § 1, 1991)