Chapter 15.15
RECREATIONAL VEHICLES
Sections:
15.15.055 Non-conforming uses.
15.15.080 Compliance with other laws and regulations.
15.15.010 Intent.
It is the intent of this chapter to provide for the orderly storage of recreational vehicles. It is also the intent of this chapter to define habitation of recreational vehicles. This chapter is intended to supplement all applicable state and local regulations.
(Ord. 13-17, Added, 07/11/2013)
15.15.020 Purpose.
Recreational vehicles may be parked or stored on private property in all zoning districts except that no recreational vehicles shall be permitted to be stored or used for habitation in the Business Historic Zoning District. Recreational vehicle parks, trailer parks, and campgrounds may be conditionally permitted by the Planning and Zoning Commission under the rules and regulations of Chapter 19.06 "Use Districts, Zoning Map and Zoning Classification" of municipal code. Recreational vehicle parks may be allowed at locations south of 15th Avenue within the Skagway Townsite Subdivision.
(Ord. 13-17, Added, 07/11/2013)
15.15.030 Definitions.
A. "Campground" means a lot or parcel of land occupied or intended for temporary occupancy by recreational vehicles or tents for travel, recreational or vacation usage for short periods of stay and containing a potable water source and public toilet facilities.
B. "Habitation" means to "use for living space" and shall include, but not be limited to, acts of sleeping, cooking, bathing, occupying as a dwelling, or any stay within the recreational vehicle not directly related to its driving. The following factors may constitute acts to be considered indicative of "habitation":
1. Evidence of a person entering and exiting the vehicle;
2. Connection of the vehicle to sewer, water, or electrical systems;
3. Use of a power generator;
4. Accessory structures about the vehicle;
5. Illumination of the interior of the vehicle;
6. Window masking;
7. Expanded bays "pop-outs."
C. "Recreational vehicle" or "RV" means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic types of RV entities are: camping trailer, fifth wheel trailer, motor home, park trailer, travel trailer, truck camper, and tiny house trailer which are individually defined as follows:
1. "Camping trailer" is a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.
2. "Fifth wheel trailer" is a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permit(s), of gross trailer area not to exceed four hundred (400) square feet (37.2m2) in the set-up mode, designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
3. "Motor home" is a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
4. "Park trailer" is a recreational vehicle that meets the following criteria:
a. Built on a single chassis mounted on wheels;
b. Having a gross trailer area not exceeding four hundred (400) square feet in the set-up mode;
c. Certified by the manufacturer as complying with ANSI A119.5.
5. "Travel trailer" is a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than three hundred twenty (320) square feet (29.7m2).
6. "Truck camper" is a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.
7. "Tiny house trailer" is a portable housing unit built on or permanently attached to a single chassis mounted on wheels or on a trailer and constructed to provide temporary living quarters for recreational, travel or seasonal use, consisting of a roof, floor and sides.
D. "Recreational vehicle park" or "RV park" is a tourist facility for parking motor homes, travel trailers and other recreational vehicles.
E. "Storage trailer and van" means a wheeled van or container unit not manufactured as a motorized vehicle or intended for long-term or short-term occupancy, but designed and manufactured for the primary purpose of storage and/or transporting commodities and goods.
F. "Trailer park" means any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy, either free of charge or for revenue, together with any building, structure or enclosure. This term shall not be construed to mean tourist facilities.
G. "Used" or "occupied" see definition of "habitation."
H. "Vacation usage" means occupancy that does not exceed a consecutive seventy-two (72) hour period within a seven (7) day week. The property owner shall apply for a vacation use permit which may be granted upon approval by the permitting official. No more than three (3) vacation use permits may be issued in a calendar year.
(Ord. 16-03, Amended, 02/18/2016; Ord. 13-17, Added, 07/11/2013)
15.15.040 Storage of RVs.
A. Street parking. No RV shall be parked or stored for more than twenty-four (24) consecutive hours within any seven (7) day period on any public property or right-of-way within the municipal corporate boundaries.
B. Storage on residential property. RVs parked in a driveway or immediately adjacent to and parallel to the driveway may not encroach into the right-of-way such that any part of the RV extends over any sidewalk, curb, or public travel way.
C. Multiple RVs stored on property. Property owners may have no more than one RV stored on their property unless the following criteria are met:
1. A minimum of 1250 square feet per RV is provided;
2. The RV is setback from all property lines by five feet (5’-0");
3. A six foot tall (6’-0") solid wall or fence screens the RV from the neighbors and street;
4. Off-street parking requirements are met.
(Ord. 13-17, Added, 07/11/2013)
15.15.050 Habitation.
A. Habitation of any parked or stored RV shall be prohibited, with the following exceptions:
1. Exceptions:
a. When the RV is situated in an approved RV or trailer park;
b. Vacation usage as defined in section 15.15.030;
c. When a valid conditional use permit is obtained for RV habitation in conjunction with construction in accordance with subsection B of this section.
B. Habitation of a RV when used in conjunction with construction.
1. A RV may be used for temporary living quarters for not more than eighteen (18) months while the occupant thereof is constructing a permanent dwelling on the same property. Before a RV will be permitted in such an instance, the owner of the property or the person intended to occupy the RV shall secure a conditional use permit for the RV from the planning and zoning commission. Such permit shall be granted upon the receipt of a signed statement by the applicant that a permanent dwelling will be constructed within eighteen (18) months thereafter. Construction must start within sixty (60) days of RV placement. Only one (1) RV shall be permitted on any parcel of land during the construction or repair of a permanent dwelling.
a. A repair shall be considered for purposes of subsection B when the repair will cause a condition that disallows the home owner from occupying the inside of the home during the repair construction. Repairs that are minor and can be confined within the interior shall not be considered.
b. Multiple RVs may be allowed on projects that are not located within the residential zoning districts when construction is expected to continue for more than ninety (90) days and the project is valued at $1,000,000.00 or more.
C. Habitation of RVs other than that of vacation usage shall conform to Municipality of Skagway Life-Safety Standards:
1. All recreational units shall meet ANSI A119.2 standards by January 1, 1997;
2. RV park owners shall be responsible for performing the necessary inspection of all RVs being used for seasonal habitation to ensure that those RVs are in compliance with ANSI A119.2 standards by using the form prescribed by the municipality for RV inspection. Upon completion of each inspection the owner shall keep a record of the inspection reports and shall submit a copy of the reports to the Permitting Official within one week of the completion of each inspection;
3. Upon filing of an approved inspection report, recreational units shall have posted in a conspicuous external location a current year annual municipal RV safety habitation permit certificate or sticker.
(Ord. 13-17, Added, 07/11/2013)
15.15.055 Nonconforming uses.
A. Intent. Within the zones established and areas designated in this chapter, there exist uses of land and structures which were lawful before chapter 15.14 was adopted in 1977 but which would be prohibited under the terms of this chapter. It is the intent of this provision to permit these nonconforming uses to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded, nor used as grounds for adding other structures or uses prohibited elsewhere in the same zone. This section shall be interpreted with a view toward the public policy of early termination of nonconforming uses, and ambiguities shall be construed restrictively against perpetuation of such uses.
B. Enlargement. A nonconforming use or structure shall neither be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of chapter 15.14 in 1977.
C. Relocation. A nonconforming use or structure shall not be moved in whole or part to any other portion of the lot or parcel occupied by such use at the effective date of chapter 15.14 in 1977.
D. Discontinuance. If any such nonconforming use of land or structure ceases for any reason for a period of twelve (12) months, any subsequent use of such land or structure must conform to the regulation specified by this chapter and the zoning map for the district in which the land is located; and similarly, if any such nonconforming use of land or structure is voluntarily abandoned the same requirements shall apply immediately upon abandonment. In this context, six (6) months discontinuance of the nonconforming use shall create a rebuttable presumption that the nonconforming use has been abandoned, and twelve (12) months of discontinuance shall create a conclusive presumption of abandonment.
E. Casualty destruction and rebuilding. In the event of fire or other extended casualty loss or damage exceeding fifty percent (50%) of its assessed value, the structure may not be replaced, and no replacement of nonconforming structure shall be relocated upon the same premises.
(Ord. 13-17, Added, 07/11/2013)
15.15.060 Utilities.
Legally parked or stored RVs may be connected to an approved source of electricity in conformance with the adopted building and safety codes referenced under section 15.15.080 Compliance with other laws and regulations. Except for legally established RV parks, direct water and sewer connections cannot be made to hook up to any RV unless permitted by an approved conditional use permit. Additionally, propane tanks must be shut off and disengaged from the RV when stored. Vacation usage, as defined in 15.15.030, shall not be construed to allow temporary servicing of the RV with water or sewer connections. No generator may be used in any RV in the municipality unless it is for temporary servicing or during a lapse of electrical power in the area in which the RV is located.
(Ord. 13-17, Added, 07/11/2013)
15.15.070 RV maintenance.
It is unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any RV that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any RV shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated.
(Ord. 13-17, Added, 07/11/2013)
15.15.080 Compliance with other laws and regulations.
It is the intent of this chapter to supplement any state and local regulations which may be applicable. Standards adopted in Title 15 governing buildings and construction apply to the regulation of RVs, except for International Building Code and International Residential Code.
(Ord. 13-17, Added, 07/11/2013)
15.15.090 Fees.
The assembly may by resolution establish fees to be paid by applicants for any type of inspection, permit, approval or other municipal processing under this chapter.
(Ord. 13-17, Added, 07/11/2013)
15.15.095 Enforcement.
This chapter shall be enforced by the borough manager or his designee.
(Ord. 13-17, Added, 07/11/2013)
15.15.100 Penalties.
Except where otherwise specifically stated, violations of provisions of this chapter shall be noncriminal infractions, subject to a penalty of one hundred dollars ($100.00). Each day of continuing noncompliance, following the municipality’s issuance of a notice of noncompliance, shall be a separate violation.
(Ord. 13-17, Added, 07/11/2013)