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14 - AMENDMENT TO THE RECREATIONAL AND OTHER SPECIAL VEHICLES ORDINANCEItem No. 14 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, City Planning Manager SUBJECT: DISCUSSION REGARDING THE POTENTIAL RESTRICTION OF PARKING RECREATIONAL VEHICLES (INCLUDING OTHER "SPECIAL VEHICLES ", AS DEFINED IN THE CODE OF ORDINANCES, CH. 22) OF CERTAIN DIMENSIONS WITHIN RESIDENTIAL AREAS DATE: August 8, 2017 BACKGROUND: Over the past several years, the city staff in conjunction with the Planning and Zoning Commission and the City Council has amended certain city codes and ordinances to enhance the Paris single — family residential neighborhood's aesthetic quality, functioning, and integrity. For example, (a) The manufactured home (mobile home) requirements were modified whereby it would no longer be allowed to request a Specific Use Permit (SUP) within the One— Family Dwelling (SF -3) Zoning District for the placement of a mobile home; (b) As land is annexed it will simultaneously be assigned a zoning district consistent with the Paris Future Land Use Plan Map; (c) Stronger performance standards are now required for home occupations; and (d) Definitions of "cluster development" and "cluster subdivisions" have been approved by the city council; these residential design types can increase the amount of open space in residential communities. This discussion item regarding proposed new storage requirements for large recreational and other "special vehicles" (as defined in the Code of Ordinances) of certain dimensions is a further recommendation to support the design and integrity of single — family residential neighborhoods and uses within Paris. STATUS OF ISSUE: Over the past thirty years across the United States, many recreational vehicles (RVs) have increased in size to respond to market demand. Examples include the desire for larger "living areas" within the vehicle, air — conditioning systems, built in television, and expanded cooking and refrigeration facilities. These large RVs have oftentimes been parked/stored within single - family residential neighborhoods. This factor has led a number of municipalities to establish requirements whereby larger RVs (or "Special Vehicles ") would have to be parked/stored off the RV owner's residential lot. Again, the purpose of these regulations were and are to retain or enhance the aesthetic quality of residential neighborhoods and also to avoid the "visual intrusion" of these larger RVs (or "Special Vehicles ") in said neighborhoods, whereby said vehicles can give the appearance of a commercial or industrial— oriented vehicle parking lot. Recently, Mayor Clifford inquired of staff as to how we can address the issue of larger RVs as stored/parked in Paris residential neighborhoods. As a response to these inquiries, the city staff suggested several draft amendments to Chapter 22: "Manufactured Homes and Manufactured Home Parks" within the Paris Code of Ordinances, which includes regulations for recreational and other special vehicles. To increase citizens' awareness of these issues, in conjunction with obtaining citizen and city official input, staff is recommending that this topic first be a discussion item before both the Planning and Zoning Commission and the City Council. For final approval, any ordinance changes would have to be heard before the commission and council. Staff is also recommending that if approved, the ordinance adopting said requirements would require that the subject special vehicles would not have to be removed until after 180 days from ordinance adoption. Discussion at the August 7 2017 Planning and Zoning Commission meeting. The following components were discussed at this meeting: (a) The commission agreed that this concept should be explored to further aid in enhancing the aesthetic quality of the city's single — family residential neighborhoods; (b) However, the commission wanted to address with staff the following: the maximum height of 9' may prohibit storage on lots, as it is thought that most, if not all RVs may be higher than 9'; concern about visitors to homes for vacation, and not being able to park RVs (special vehicles) temporarily; the long— standing history and expectation in Paris that RVs (and other special vehicles) can be stored /parked on individual single — family lots; further clarification regarding maximum allowable length for RVs; do we need a broader definition of "Special Vehicles " ?; How do we address "expandable" trailers regarding maximum length requirements ?; and (c) City Attorney Stephanie Harris stated she would work with city staff to: (1) make sure legal components are addressed; (2) make sure the Code of Ordinance harmonizes with the Zoning Ordinance; and (3) make sure there are no legal inconsistencies with all relevant city codes and ordinances. RECOMMENDATION: Discuss with city staff and provide feedback as to whether proposed amendments discussed herein or other elements should be added to the City Code of Ordinances, which includes recreational vehicles, and all other "Special Vehicles" as defined in the Code of Ordinances, Ch. 22. ARTICLE II. - REGULATIONS FOR SPECIAL VEHICLESu Footnotes: MQM Editor's note— Ord. No. 2008 -031, adopted Sept. 8, 2008, amended art. II in its entirety to read as herein set out. Former art. II consisted of §§ 22- 21- 22 -23, pertained to travel trailers and motor homes and derived from the 1970 Code; Ord. No. 2565, adopted Apr. 13, 1981; and Ord. No. 2634, adopted Apr. 21, 1982. Sec. 22 -21. - Definitions. Special vehicle as used herein shall include, but is not limited to: a motor home, bus, travel trailer, camper trailer, fifth wheel trailer, utility trailer, horse or livestock trailer, boat, golf cart, all- terrain vehicle (ATV), utility vehicle, camper shell or other similar vehicle or trailer not otherwise defined in article I of this chapter. VEHICLE HEIGHT– A vehicle height will be determined by measuring from the ground surface to the top of the vehicle, as stored, including AC or other apparatuses above the roof of the special vehicle. VEHICLE LENGTH– A vehicle length will be determined by the physical measurement of the outside dimension of said vehicle, i.e., a boat will be measured from the bow to the stern, a camper /ry will be measured from bumper to bumper, a utility trailer or camper trailer will be measured front to rear excluding the trailer tongue, a boat trailer will be measured from the rear to the point of the bow support excluding the tongue. (Ord. No. 2008 -031, § 3, 9 -8 -08; Ord. No. 2017 -002, § 3, 1 -9 -17) Sec. 22 -22. - In general. (a) It shall be unlawful for any person to park or store or allow another to park or store a special vehicle in any part of a residential lot except the side or rear yard. (b) Special vehicle regulations as described herein shall apply to vehicles which shall not exceed 32 feet in length or 9 feet in height. (c) A special vehicle may not be used for living or sleeping quarters, or for the storage of personal property not normally associated with the use of the special vehicle; provided, however, a special vehicle may be used for temporary living and sleeping quarters under special circumstances for a period not to exceed seven (7) consecutive days or a total of fourteen (14) days during a calendar year. (d) Special vehicles must be maintained free of rust, peeling or missing paint, broken or missing windows, flat or missing tires, and excess dirt or grime. (e) Special vehicles must be in operable condition. (f) Special vehicles that require a license, registration, or permit, shall be properly licensed, registered, and shall display the required permit or registration. Special vehicles which require annual registration or inspection are subject to the junked vehicle ordinance. (g) All equipment or attachments necessary to operate the special vehicle must be in place and operational. (h) Stored special vehicles must be secured with wheel stops or maintained so as not to present a safety hazard to the neighborhoods in which they are located. (i) No part of any parked or stored special vehicle may extend over a public easement or right -of -way or adjoining private property or be located within any portion of the side yard or rear yard which is within ten (10) feet of a structure located on an adjoining lot. (Ord. No. 2008 -031, § 3, 9 -8 -08) Sec. 22 -23. - Regulation of special vehicles; exceptions. (a) Special vehicles which are currently parked or stored outside the side or rear yard of a residential lot located within the corporate city limits of the City of Paris as of the effective date of this article may, within ninety (90) days thereof, register their special vehicle with the community development department. There shall be no fee for this registration. (b) Special vehicles which are registered within said ninety -day period will be exempt from the provisions of subsection 22 -22(a) of this article unless their placement is considered a safety hazard by the chief of police due to a sight obstruction created by the special vehicle. (c) This exemption shall apply only to the registered special vehicle as stored or parked in a specific location. The exemption is not transferable to other special vehicles or other locations; provided, however, the owner of a registered special vehicle may replace that registered special vehicle with a similar special vehicle of the same type and class. (d) The owner of the replacement special vehicle shall register the replacement special vehicle with the community development department within thirty (30) days of moving the replacement special vehicle onto their property. (e) It shall be unlawful for any person to park or store or allow another to park or store a registered or unregistered special vehicle in any part of a residential lot that is located within eleven (11) feet of the curbline or, if no curbline exists, within eleven (11) feet of an existing roadway or pavement edge without a variance as provided in section 22 -24 below. (Ord. No. 2008 -031, § 3, 9 -8 -08) Sec. 22 -24. - Variance. (a) The procedure for seeking variances to this article shall be the procedure established in section 16 of the City Zoning Ordinance No. 1710. (b) A variance may be granted if the board of adjustment finds that all of the following conditions apply: (1) Unique circumstances exist on the property that make application of specific requirements in this article unduly burdensome on the applicant; (2) The variance will have no adverse impact on current or future development; (3) The variance is in keeping with the spirit of these regulations and will have a minimal impact, if any, on the surrounding land uses; (4) The variance will have no adverse impact on the public health, safety, and general welfare; and (5) A financial hardship shall not be considered a basis for the granting of a variance. (Ord. No. 2008 -031, § 3, 9 -8 -08) Secs. 22- 25- 22 -40. - Reserved.