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HomeMy WebLinkAbout3951 Ordinance ORDINANCE NO. AN ORDINANCE relating to zoning and amending PMC Title 19 and 25 dealing with definitions and locational standards for mobile homes and recreational vehicles. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure that the public health, safety and welfare are maintained; and, WHEREAS, the Revised Code of Washington (35A.21.312) precludes a city from restricting the location of mobile homes or manufactured homes in mobile home parks or manufactured home communities based on the age or dimension of a mobile home or manufactured home; and, WHEREAS, the Revised Code of Washington (35A.21.312) precludes a city from adopting an ordinance that has the effect, directly or indirectly, of preventing the use of a recreational vehicle as a primary residence in a manufactured/mobile home community except as provided in RCW 35A.21.312 (4); and, WHEREAS, the City Council has determined that to address changes in State law it is necessary to amend PMC Title 25 and Title 19, NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.12.315 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.12.315 MOBILE HOME. "-M-„b-fl 1,e ffi " mo a single family dwelling tt,;A.._two body feet or- fner-e in length and eight body feet or- more in width, designed for tr-aaspertatien5 aftef fabfieatien, on st-reaets highways en its ev�n wheels, and designed te be- used- 4-4-s-a dwelling with or- without a permanent fiadfidation when eenneeted to a required utilities, and having an i i- i i ed by the Department of Laber-and industries and eenstf:ueted before it 15 1976. "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Deyartment of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Section 2. That Chapter 25.69.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 1 25.69.020 DEFINITIONS. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words and phrases defined in this section shall have the below indicated meanings; provided that, all definitions, rules and regulations defined herein that are in conflict with provisions of other City ordinances, the provisions of the recreational vehicle park ordinance shall prevail. (1) "Pafk Model" means a r-eer-eatienal vehicle designed speeifiea4ly for- plaeemeR4 in a less;recreational vehiele park to be t441ii�ed for transient or Feefea4ianal housing. Park fnedels afe distinguished ffem stafidafd r-ee-reatioaal vehieles by the laek ef self eefttained holding tanks. ptiTeses ef this Title if a tinit is not listed in the latest addition of the N. (1) (4) (1) Reer-eation not exeeed 11.5 feet in A44th and eentain 400 square feet ef living spare or- "Park model" means a recreational vehicle manufactured for permanent or semi-permanent installation and is used as a primary residence; (RCW 59.20.030 14) (2) "Primary Residence" means a recreational vehicle used for dwelling purposes for more than (6) six months of the year.(24 (3) " homes,Vehiele" means a vehiele er- peftable stnaet�ffe buik and designed te be used fer- temporary eleetrieal systems whieh af-e operated with of witheu4 eetmeetien to outside iatilities. Reefeati vehieles shall iftehide, but are net limited to, eawrper-s, motor- eamping 4ailers, tent bedy vAdth of ae ffier-e than nine (9) feet and a bedy length of no zivAe uca.ua •vi ty (.v) ivvt when faete y equipped for the read; "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living Quarters, is transient and is either self-propelled or mounted on or drawn by another vehicle. (3) (4) "Recreational Vehicle Site" means a plot of ground within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit; (4) (f) "Recreational Vehicle Park" means a tract or parcel of land upon which two or more recreational vehicle sites are located, for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes; (5) "Sanitary Station or Sanitary Dumping Station" means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks; and (b) (� "Tents" means an enclosed structure of shelter fabricated entirely or in major part of cloth, canvas, plastic or similar material used for recreational or vacation purposes. Section 3. That Section 25.40.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.40.020 PERMITTED USES. The following uses shall be permitted in the RP residential park district: (1) Residential parks which are licensed for the placement of individual residential mobile homes, factory assembled homes., of site-built homes or recreational vehicles occupied as a primary residence within the approved park boundaries and subject to the standards as set forth in this chapter and Title 19; and (2) Community recreation facilities, clubhouse, park office, laundry, storage and similar uses appurtenant to the residential park residents only. Section 4. That Section 25.40.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 2 25.40.060 MINIMUM REQUIREMENTS. (1) No reereationed vehicale sites—for sha4l be permitted Y,.Fk i any esi eR ial park. A recreational vehicle storage area shall be provided in all residential parks sufficient in size to permit the storage of one RV/boat for every two residential lots; and (2) Development and other minimum requirements for residential parks are provided in Title 19. Section 5. That Section 25.69.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.69.040 GENERAL REQUIREMENTS. (1) No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park or Residential Park under the provisions of 19.24.080. An exception to this rule may be granted for temporary uses as specified in PMC 10.52.030, subject to strict compliance with the requirements of said section; (2) No recreational vehicle shall be occupied for commercial purposes anywhere in the City of Pasco; except units used for job shacks at commercial construction sites with valid building permits; (3) No recreational vehicle shall be used as a primary residence, e�feepfer park manageffient, for- indefinite pefieds of ti unless the recreational vehicle conforms with the requirements provided_in 19.24.080: Occupancy in a-pafk of a recreational vehicle for more than 180 days in any 12-month period shall be conclusively deemed to be permanent occupancy. ly vehiele, exsep fe.-t se5 of repair-, is hereby fehi ited (4) Except portable awnings and screens that are attached to and carried with the recreational vehicle, no external appurtenances, such as carports, cabanas or patios may be attached to any recreational vehicle while it is in a park unless the same are properly permitted and meet all building and safety requirements; (5) No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this chapter; and (6) No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this chapter. Section 6. That Section 19.04.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 19.04.060 MOBILE HOME. " " means a single family dwelling, thiAy two bedy feet or mer-e in length and ei-1 ' 1 11 ' et ef- mere in width, desigiied fer- tr-affspaFtatieni- after- fabriesation, oft st-Feets and higlnva�,s on its oym wheels or- flatbed or other- ailt-af-s' -and designed to be used as a dwelling with er- without pefffieunent feendation when eenneete r-equif-ed utilities, and having an in '- i i d by the Department of Labor And seastasted befbre rune 'c, 1976. "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. (RCW 59.20.030 (8)) Section 7. That Section 19.04.100 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 3 19.04.100 RECREATIONAL VEHICLE. healed. "Recreational vehicle" means a travel trailer, motor home truck camper, or camping trailer that is primarily designed and used as tem ora living quarters is transient and is either self-propelled or mounted on or drawn by another vehicle. Section 8. That a new Section 19.24.080 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 19.24.080 INSTALLATION STANDARDS FOR RECREATIONAL VEHICLES USED AS PRIMARY RESIDENCES. Pursuant to and as authorized by RCW 35A.21.312 recreational vehicles may be permitted as a primary residence in all Residential Parks provided the following fire and safety standards are met: (1) A 3 foot by 3 foot landing must be installed at the main entrance/exit door if more than two steps are require to access the recreational vehicle 2 For recreational vehicles with internal toilets and showers water and sewer service connections must be made underneath the recreational vehicle and must be protected by insulated skirting, unless it can be demonstrated that water and sewer connections in other locations can be protected from freezing during winter inter months; (3) Sewer drain lines attached to the recreational vehicle must be schedule 40 PVC or other approved rigid piping, (4) Holding tanks must be protected from freezing, (5)No external propane tanks will be permitted unless the onboard propane tank is disabled and the external tank is fitted with a pressure valve installed by a proj2ane su lier toequal the pressure value rating of the onboard propane tank External propane tanks must be located out of vehicle pathways or parking pads. External propane tanks must be secured to the ground to prevent overturning or damage to the line supplying propane to the recreational vehicle (7) Recreational vehicles without internal toilets or showers may only be permitted in residential parks where toilet and shower facilities meeting the following standards are provided: (a) no less than one (1) commode, one (1) lavatory and one (1) shower, accessible per the guidelines established by the Washington State Barrier Free Code, for each gender shall be provided; (6) restroom facilities provided for each gender be properly identified and shall be connected to the city's water and sewer_utility; and (c) for each ten (10) recreational vehicle spaces provided or part thereof, there shall be one (1) additional commode, lavatory and shower provided for each eg nder. 8 Any recreational vehicle modified or altered for placement in a residential ark without Washington State Department of Labor and Industries approval and permits will not be permitted to be used as a primary residence (WAC-296-150R-1000). Section 9. That Section 19.24.010 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 4 19.24.010 PERMITS REQUIRED. (a) No factory assembled home.,of mobile home or a recreational vehicle used as a primary residence shall be constructed or installed within the City until such installation or construction has been authorized by a permit issued by the Building Inspector, except unoccupied factory assembled homes or mobile homes within a factory assembled home/mobile home sales or service lot. (b) It is unlawful for any factory assembled home.,of-mobile home dealer or recreational vehicle dealer to deliver a factory assembled home., of mobile home or a recreational vehicle to be used as a primary residence to a site within the City until an installation permit has been issued by the City Building Inspector. (c) It is unlawful for the owner or manager of a residential park to allow the installation or construction of a home or recreational vehicle until a permit has been issued by the City Building Inspector or Building Official. Section 10. That Sub-Section 19.24.040 (7) of the Pasco Municipal Code be and the same is hereby amended to read as follows: (7) Factory assembled homes or mobile homes are to be installed in accordance with specifications of the manufacturer and provisions of Section 19.24.075. The application shall be accompanied by one complete and legible copy of such installation recommendations. Recreational vehicles used as primary residence shall be installed in accordance with PMC 1 9.24.080. Section 11. That Sub-Section 19.24.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 19.24.060 LIMITATIONS OF PERMIT. A placement or construction permit shall be valid only for the installation of the home or recreational vehicle used as a primary residence at the particular location specified within the permit. A new permit shall be required for the installation or construction of a different home or recreational vehicle at the same location or the same home or recreational vehicle at a different location. Section 12. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of �C,- 2 , 2009. (�(Tv L& n Joycoll 6n Mayor AT T APPRO AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 5