Chapter 8.30 MOTOR HOMES, TRAILERS, RECREATIONAL VEHICLES AND JUNK VEHICLES

This chapter shall be known as the “Clyde Hill Motor Home, Trailer, Recreational Vehicle and Junk Vehicle Ordinance,” and will hereinafter be referred to as “this chapter.” (Ord. 908 § 2, 2010; Ord. 788 § 2, 1998; Ord. 290 § 1, 1971. Formerly 15.08.010)

8.30.020 Purpose.

The purpose of this chapter is to provide a means of regulating motor homes, trailers, recreational vehicles, junk vehicles, and other vehicles within the city, and to promote the health, safety, and general welfare and aesthetics of the city. (Ord. 908 § 2, 2010; Ord. 788 § 3, 1998; Ord. 290 § 2, 1971. Formerly 15.08.020)

8.30.030 Definitions – Generally.

A. “Motor vehicle” means any vehicle which is self-propelled but not operated upon rails, and which is required to be registered and titled under RCW Title 46.

B. “Vehicle” means all items capable of movement by means of wheels, skids, tracks or runners of any kind, or by air or water, along roadways, paths, watercourses or other ways of any kind, specifically including, but not limited to, forms of motor vehicles, buses, cars, vans, trailers, boats and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration.

C. “Adjoining property” means any parcel of property that shares a property line with the property at issue. For purposes of determining whether a property line is shared, streets, rights-of-way, access easements and private roads shall not be considered. (Ord. 908 § 2, 2010; Ord. 799 § 1, 1999; Ord. 290 § 3(A), 1971. Formerly 15.08.030)

8.30.040 Junk vehicles – Defined.

A “junk vehicle” is defined as a vehicle which meets at least three of the following requirements:

A. Is three years old or older;

B. Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, or missing wheels, tires, motor or transmission;

C. Is apparently inoperable;

D. Has an approximate fair market value equal only to the value of scrap in said vehicle. (Ord. 908 § 2, 2010; Ord. 788 § 4, 1998. Formerly 15.08.035)

8.30.050 Definitions – Specifically.

A. “Animal trailer” means any trailer or semitrailer constructed and/or designed primarily to transport or carry animals.

B. “Boat” means any watercraft used or capable of being used as a means of transportation on the water; however, “boat” does not include canoes, kayaks, or other human-powered watercraft that are 12 feet in length or less.

C. “Boat trailer” means any trailer or semitrailer constructed and/or designed primarily to transport or carry boats.

D. “Cargo trailer” means any trailer or semitrailer constructed and/or designed primarily to transport or carry cargo.

E. “Commercial vehicle” means any vehicle designed and/or used for commercial purposes or for advertising. However, a motor vehicle shall not be classified as a “commercial vehicle” solely on the basis that it contains a business name on the side door(s) of the vehicle when such business name does not exceed two square feet per side.

F. “Motor home” means any self-propelled vehicle designed or constructed so as to permit occupancy thereof as a dwelling or sleeping unit.

G. “Pickup coach” means a structure designed in such a manner so as to be mounted on a pickup or truck chassis or other vehicle and capable of being used for travel, vacation and recreational purposes, and/or for temporary occupancy. This includes, but is not limited to, the item commonly termed a “camper.”

H. “Recreational vehicle” means a travel trailer, motor home, or pickup coach that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a foundation.

I. “Semitrailer” is any vehicle without motive power designed for being drawn by or used in connection with a motor vehicle and constructed so that an appreciable portion of its weight rests upon or is carried by such vehicle.

J. “Trailer” is any vehicle without motive power designed for being drawn by or used in connection with a motor vehicle and constructed so that no appreciable portion of its weight rests upon or is carried by such motor vehicle.

K. “Travel trailer” means a vehicular dwelling used for travel, vacation or recreation purposes. Such vehicles are not normally designed for permanent occupancy.

L. “CHMC 8.30.050 item” means any and all items that are described in this section. (Ord. 908 § 2, 2010; Ord. 799 § 2, 1999; Ord. 788 § 5, 1998; Ord. 290 § 3(B), 1971. Formerly 15.08.040)

8.30.060 Time limitation for parking or storing certain vehicles within the city.

A. It is unlawful to park or store any junk vehicle or CHMC 8.30.050 item on private property in any zone within the limits of the city for longer than the following time periods unless parked or stored as provided in this chapter:

1. Fourteen consecutive days in any calendar year; and

2. Forty-eight hours during any 30-day period.

B. It is unlawful to park or store any junk vehicle or any CHMC 8.30.050 item on any public street, street right-of-way, roadway, path, other way of any kind, or upon any city-owned property within the limits of the city for:

1. Displaying the vehicle or item for sale;

2. Advertising purposes;

3. Repairing such vehicle or item (except for repairs of an emergency nature); or

4. Between-use storage in excess of 48 hours during any 30-day period. (Ord. 908 § 2, 2010; Ord. 799 § 3, 1999; Ord. 788 § 7, 1998; Ord. 290 § 5(A), 1971. Formerly 15.08.060)

8.30.070 Location and screening.

A. A junk vehicle or CHMC 8.30.050 item may be stored in that portion of the side yard or rear yard of any residence where structures or accessory buildings may be legally constructed (as set forth in CHMC Title 17); provided, that such junk vehicles or items are either stored within a carport or garage in accordance with CHMC 8.30.090, or suitably screened from the view of adjoining property owners and from the adjacent public right-of-way in accordance with CHMC 8.30.230.

B. No junk vehicles or CHMC 8.30.050 items may be stored in the front yard of any residence, in the side yard setback, or in the rear yard accessory building setback. (Ord. 908 § 2, 2010; Ord. 799 § 4, 1999; Ord. 788 § 8, 1998; Ord. 290 § 5(B), 1971. Formerly 15.08.070)

8.30.080 Purpose of advertising or repairing.

No person shall park or store a junk vehicle or CHMC 8.30.050 item on residential property for advertising purposes. No person shall park or store a junk vehicle or CHMC 8.30.050 item on residential property for the purpose of repairing such item for commercial purposes. Further, no person shall park or store a junk vehicle or CHMC 8.30.050 item on residential property for noncommercial repairs (except for repairs of an emergency nature), unless such junk vehicle or item is stored in accordance with CHMC 8.30.070. The time limitation for locating a junk vehicle or CHMC 8.30.050 item on a residential property for the purpose of emergency repairs is seven consecutive days. (Ord. 908 § 2, 2010; Ord. 799 § 5, 1999; Ord. 290 § 5(C), 1971. Formerly 15.08.080)

8.30.090 Carport or garage storage.

Any junk vehicle or CHMC 8.30.050 item may be parked or stored in a carport or garage that is fully enclosed on at least three sides; provided, that the parking of such vehicle or item complies with parking regulations set forth in CHMC Title 17. (Ord. 908 § 2, 2010; Ord. 799 § 6, 1999; Ord. 290 § 5(D), 1971. Formerly 15.08.090)

8.30.100 Sale or display prohibited.

No person shall park or store a junk vehicle or CHMC 8.30.050 item on commercial property to display the junk vehicle or item for sale or for advertising purposes. Further, no person shall park or store a junk vehicle or CHMC 8.30.050 item on commercial property for repair of such junk vehicle or CHMC 8.30.050 item for a period in excess of seven days. Parking or storing of such junk vehicle or items on commercial property shall conform to the setback restrictions as provided in CHMC Title 17, as amended. (Ord. 908 § 2, 2010; Ord. 799 § 7, 1999; Ord. 290 § 6(B), 1971. Formerly 15.08.120)

8.30.110 Parking and storage prohibited.

It is unlawful to park or store any junk vehicle or CHMC 8.30.050 item on any public right-of-way except as provided in this chapter. (Ord. 908 § 2, 2010; Ord. 799 § 8, 1999; Ord. 290 § 7(A), 1971. Formerly 15.08.140)

8.30.120 Parking restrictions.

When official signs are erected prohibiting parking along either side of certain streets or portions thereof, or adjacent to schools, it shall be unlawful to park any CHMC 8.30.050 item in violation of such signs. (Ord. 908 § 2, 2010; Ord. 290 § 7(C), 1971. Formerly 15.08.160)

8.30.130 Habitation uses prohibited.

No CHMC 8.30.050 item shall be used for habitation within the boundaries of the city except as provided in this chapter. (Ord. 908 § 2, 2010; Ord. 290 § 8, 1971. Formerly 15.08.180)

8.30.140 Occupancy exceptions.

Any CHMC 8.30.050 item may be occupied on private residential property for a period not to exceed 15 days in any calendar year when the owner or user of the vehicle is a nonresident of the city visiting a resident. (Ord. 908 § 2, 2010; Ord. 788 § 14, 1998; Ord. 290 § 8(A), 1971. Formerly 15.08.190)

8.30.150 Service connections.

No CHMC 8.30.050 item shall have a connected gas, water or sewer service. Such vehicle may, however, be connected to electrical service. (Ord. 908 § 2, 2010; Ord. 788 § 16, 1998; Ord. 290 § 9, 1971. Formerly 15.08.210)

8.30.160 Mobility.

A CHMC 8.30.050 item may be parked or stored in compliance with this chapter provided such vehicle remains in a mobile condition. Tires and wheels may be removed for maintenance or repair. Complete immobility, including but not limited to removal of axles, undercarriage, tongue, hitch, wheels or other running gear, is forbidden. (Ord. 908 § 2, 2010; Ord. 290 § 10, 1971. Formerly 15.08.220)

8.30.170 Pickup coach.

A pickup coach may be removed from its conveyance and stored or parked provided it complies with other provisions of this chapter and other ordinances. (Ord. 908 § 2, 2010; Ord. 290 § 10(A), 1971. Formerly 15.08.230)

8.30.180 Storage generally – Permanent foundations prohibited.

It is unlawful to place any CHMC 8.30.050 item on a permanent foundation, or to add a permanent addition to it for living or storage. Skirting shall not be added around the base of the item. No CHMC 8.30.050 item shall be stored in such a manner as to become a fire, health or safety hazard. Jacks or stabilizers may be used to provide leveling and stability. (Ord. 908 § 2, 2010; Ord. 290 § 10(B), 1971. Formerly 15.08.240)

8.30.190 Application – Procedure.

An application for any variance from the provisions of this chapter is a Type III application. All applications made under this section shall be made in writing for hearing and determination by the hearing examiner. The fee for such application shall be set by resolution of the city council. (Ord. 959 § 4, 2018; Ord. 908 § 2, 2010; Ord. 788 § 17, 1998; Ord. 293 § 2, 1972; Ord. 290 § 14(A), 1971. Formerly 15.08.250)

8.30.200 Application – Information.

The application shall include statements by the applicant on the following items:

A. Reason why compliance is impractical or why additional time is needed for compliance;

B. A diagram with pertinent dimensional information relative to property boundaries, location of existing structures, proposed storage location of vehicle(s), size and type of vehicle(s), ownership of vehicle(s) and property;

C. Screening to be provided, and elevation relationship to stored vehicle(s) and property;

D. Duration of time for which the variance is requested. (Ord. 908 § 2, 2010; Ord. 293 § 2, 1972; Ord. 290 § 14(B), 1971. Formerly 15.08.260)

8.30.210 Conditions.

The hearing examiner may, in its discretion, grant a variance from the provisions of this chapter when it has determined that:

A. The period of variance will be temporary and will not be a continual visual nuisance for a period in excess of 90 days; or

B. The degree of variance is sufficiently demonstrated to be within the spirit of compliance with this chapter and CHMC Title 17, although not in strict compliance; or

C. Compliance with this chapter is delayed due to undue economic hardship to the property owner; provided, that the property owner is taking all reasonable measures to bring the owner’s property into compliance with this chapter by a specified future date certain which is acceptable to the hearing examiner.

D. In granting a variance to the provisions of this chapter, the hearing examiner shall require any items stored in the rear or side yard setback areas to be suitably screened to preserve the aesthetic values of the community. This means these items would be generally inconspicuous when viewed from adjoining property or from the adjacent right-of-way. (Ord. 908 § 2, 2010; Ord. 799 § 9, 1999; Ord. 788 § 18, 1998; Ord. 293 § 2, 1972; Ord. 290 § 14(C), 1971. Formerly 15.08.270)

8.30.220 Hearing.

The hearing examiner shall conduct a public hearing upon any application made under this chapter. Notice of such hearing shall comply with the notice requirements of Chapter 19.03 CHMC for Type III applications. (Ord. 959 § 5, 2018; Ord. 908 § 2, 2010; Ord. 788 § 19, 1998; Ord. 293 § 2, 1972; Ord. 290 § 14(G), 1971. Formerly 15.08.280)

8.30.230 Screening.

A. Intent. The intent of this section is to provide guidelines on how to suitably screen junk vehicles and CHMC 8.30.050 items that are stored or parked inside the city boundaries. In order to store or park these vehicles or items in compliance with the screening provision of this chapter, such vehicles or items must be screened or wholly enclosed within a building such that these vehicles or items are hidden from view. If such screening or enclosure is not possible, the vehicles or items cannot be stored or parked in the city.

B. Suitable Screening Defined. “Suitable screening” of a junk vehicle or CHMC 8.30.050 item shall consist of vegetation, a wall, a fence or other barrier that is densely packed during all seasons such that the vehicle or item cannot be seen from adjoining properties or from the adjacent public rights-of-way. Said screening must comply with the fencing and height requirements set forth in CHMC Title 17. Use of a tarp or other covering placed on or over the subject vehicle or item shall not be considered “suitable screening.”

C. Carports. This section shall not be construed so as to require the screening of carport entrances, if the other three sides of the carport are fully enclosed. (Ord. 908 § 2, 2010; Ord. 799 § 10, 1999; Ord. 293 § 2, 1972; Ord. 290 § 14(F), 1971. Formerly 15.08.290)

8.30.240 Recordkeeping.

The hearing examiner shall keep on file all active variances. (Ord. 908 § 2, 2010; Ord. 293 § 2, 1972; Ord. 290 § 14(D), 1971. Formerly 15.08.300)

8.30.250 Cancellation.

Variances are subject to immediate cancellation where conditions have been altered from the terms stated in the originally granted variance. (Ord. 908 § 2, 2010; Ord. 293 § 2, 1972; Ord. 290 § 14(E), 1971. Formerly 15.08.310)

8.30.260 Enforcement and penalty – Impoundment of vehicle.

Any vehicle which is located within the city in violation of the provisions of this chapter shall be subject to impound or removal, under the following procedures:

A. Vehicles Located on Public Property. If a junk vehicle or CHMC 8.30.050 item is located on public property in violation of this chapter, it may be impounded at the owner’s expense.

1. Twenty-four hours prior to impound, a notice of violation shall be placed conspicuously on the vehicle and shall include a reference to this chapter and provide notice that if the vehicle is not removed within 24 hours it will be impounded at the owner’s expense.

2. Redemption of vehicles impounded under this chapter shall be permitted in accordance with RCW 46.55.120, which is hereby adopted by reference, as it now exists or is hereafter amended.

3. Vehicles impounded shall not be released without prior payment of the impound and storage charges.

4. A registered owner of a vehicle impounded under this section may request a hearing on the validity of the impoundment in accordance with RCW 46.55.120, which is hereby adopted by reference, as it now exists or is hereafter amended.

B. Junk Vehicles Located on Private Property.

1. The civil infraction procedure set forth in CHMC 15.13.010 may be used in combination with this section for removal of junk vehicles which are located on private property in violation of this chapter.

2. When the city seeks removal of the junk vehicle at issue, the notice and order shall be mailed to the last registered owner of record of the vehicle and to the property owner of record where the vehicle is located. The notice and order shall specify the date for appealing the notice and order and provide notice that failure to either timely appeal the notice and order or remove the vehicle may result in the city removing the vehicle at the cost of the registered owner of the vehicle, if the identity of the owner can be determined (unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 as it now exists or is hereafter amended), or against the owner of the property upon which the vehicle was stored, placed or located.

3. The costs of impoundment of a vehicle under this section shall be assessed as follows:

a. Against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 as it now exists or is hereafter amended; or

b. Against the owner of the property upon which the vehicle was stored, placed or located.

4. If a timely appeal is received, the city shall mail via certified mail, with a five-day return receipt requested, a notice of the date and time for the hearing to the owner of record of the land and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership.

5. The owner of the land upon which the vehicle is located may appear in person at the appeal hearing or present a written statement, made under oath, in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the appeal hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner did not subsequently acquiesce to its presence, then no costs of administration or removal of the vehicle shall be assessed against the property upon which the vehicle is located.

6. After notice of the intent to remove and dispose of the vehicle has been given by the city as provided above, and after the appeal hearing, if any, has concluded and a decision issued, the vehicle shall be removed at the request of the chief of police or the chief’s designee. Notice of the removal shall be sent to the Washington State Patrol and the State Department of Licensing stating that the vehicle has been wrecked. The city may make final disposition of such vehicle or parts thereof, and may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.

7. This subsection shall not apply to:

a. Any vehicle which is completely enclosed within a building in a lawful manner where such vehicle is not visible from the street or other public or private property; or

b. A vehicle that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced in accordance with RCW 46.80.130, which is hereby adopted by reference, as it now exists or is hereafter amended.

C. The penalties set forth in this section are in addition to the penalties set forth in CHMC 15.13.010. (Ord. 908 § 2, 2010; Ord. 788 § 21, 1998. Formerly 15.08.320)