Chapter 14.140
TEMPORARY OCCUPANCY OF MOBILE TRAILERS AND RECREATIONAL VEHICLES
Sections:
14.140.030 Temporary occupancy in residential zoning districts.
14.140.040 Residential zone occupancy permit – Annual review, expiration, and revocation.
14.140.050 Temporary occupancy in nonresidential zoning districts.
14.140.060 Nonresidential zone occupancy permit – Application, issuance, and expiration.
14.140.070 Temporary occupancy of a mobile trailer which is permitted in any zoning district.
14.140.010 Intent.
The intent of this chapter is to provide for and regulate occupancy of a mobile structure which is not secured to a permanent foundation in residential zones for cases of hardship or in nonresidential zones for temporary business activities. [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.010]
14.140.020 Provisions.
(1) Notwithstanding any provisions to the contrary in this title, a manufactured home, mobile trailer or recreational vehicle as defined in Chapter 14.20 BMC (Definitions) may be occupied in all zoning districts, even though not secured to a permanent foundation, subject to the provisions of this chapter and Chapter 14.60 BMC (Conditional Use Permits).
(2) Temporary occupancy of a mobile trailer or recreational vehicle within the city of Biggs shall be allowed only subject to the provisions of this chapter and Chapter 14.60 BMC (Conditional Use Permits). [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.020]
14.140.025 Definitions.
Mobile Trailer. A “mobile trailer” is considered to be any temporary mobile structure to include mobile homes or office structures used as temporary sales offices for a business which has been damaged to the point of non-use of the normal business sales office, a temporary construction trailer, temporary construction storage trailers, or other such mobile structures which (1) are capable of being moved and relocated; and (2) are considered to be used only for temporary uses. Mobile trailers as defined above do not include vehicles defined as recreational vehicles by the California Vehicle Code.
“Recreational vehicles” include the Class A-, B- and C-type recreational vehicles, travel trailers, fifth wheel trailers, toy haulers, popup trailers, and slide-in campers. [Ord. 409 § 3, 2017; Ord. 399, 2013. Formerly 14.70.025]
14.140.030 Temporary occupancy in residential zoning districts.
Temporary occupancy of a recreational vehicle is allowed in the residential zoning districts subject to the requirements in BMC 14.140.070.
Temporary occupancy of a recreational vehicle may only be allowed under the following conditions:
(1) A recreational vehicle may be occupied on any residential lot for a total of up to 14 days within any calendar year by right and shall not be subject to the provisions of this chapter.
(2) A permit for such use in excess of 14 days per calendar year is obtained in the manner described in this section.
(a) An administrative use permit authorizing occupancy of one recreational vehicle per legal residential lot for a period of up to 30 days per calendar year may be issued by the city planner.
(b) A use permit may be approved by the city council in accordance with the procedures set forth in Chapter 14.60 BMC authorizing the occupancy of a recreational vehicle for a period of more than 30 days within any single calendar year.
(c) The maximum duration or time period for continuous occupation of a recreational vehicle in all residential zoning districts is 45 days.
(3) No rent is charged to the occupant of the recreational vehicle.
(4) The temporary placement of a recreational vehicle shall not be subject to additional site requirements of Chapter 14.110 BMC (Development Standards – General). Five-foot setbacks from all property lines should be provided when possible. Conditions of approval for administrative permits and use permits may be required to mitigate potential adverse impacts upon neighboring residences and may include requirements for additional setbacks.
(5) No more than one recreational vehicle shall be allowed on each legal lot at any time.
(6) A minimum of five feet of fire access shall be maintained in the side yards of all properties containing recreational vehicles unless other equal or greater access around the structure is provided.
(7) Approval of a permit for temporary occupancy of a recreational vehicle may be provided in cases of hardship, such as illness of a family member, reconstruction and repair of a damaged dwelling unit and other cases as determined appropriate by the city council.
(8) Temporary occupancy of a recreational vehicle shall conform to all requirements of the State of California Vehicle and Street and Highways Codes relative to parking and use of the public right-of-way. [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.030]
14.140.040 Residential zone occupancy permit – Annual review, expiration, and revocation.
(1) The approved use permit to allow a temporary recreational vehicle shall be reviewed upon expiration of the use permit (if applicable) or annually in the month of September by the city council or planning commission. City staff shall render a report of the status of each permit to the city council or planning commission and shall place such items on a consent agenda. Approved use permits for temporary recreational vehicle or mobile trailers which were granted less than six months prior to the September review will be reviewed the succeeding year.
(2) The use permit shall expire immediately if the person(s) residing in the recreational vehicle or the primary residence for any reason move(s) to another location or is (are) deceased. In such instances, the temporary recreational vehicle shall be removed within 90 days. In the event the recreational vehicle is not removed within the 90-day period, the city may remove the vehicle and store it at the owner’s expense.
(3) The applicant shall consent to placement of lien on both the vehicle and real property in the event that the recreational vehicle is not removed upon city demand as provided in this chapter.
(4) The use permit may be revoked if any of the terms and conditions of such permit are violated or if any acts or omissions of the permittee in connection with the use authorized by the permittee constitute a public nuisance. [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.040]
14.140.050 Temporary occupancy in nonresidential zoning districts.
Subject to the provisions of BMC 14.140.060, a mobile trailer or recreational vehicle may be temporarily located and occupied in a nonresidential zoning district for the purposes described in this section:
(1) For purposes of temporarily conducting business on a lot zoned for such use and upon which a permanent structure is constructed; provided, that the permanent structure has been significantly and unintentionally damaged and cannot be reoccupied until repairs and/or reconstruction are complete.
(2) As a temporary residence for security purposes on a lot zoned for commercial or industrial uses.
(3) Collection of rent or other monetary consideration for the temporary occupation of a mobile trailer or recreational vehicle is allowed.
(4) For temporary occupancy under subsections (4)(a) through (g) of this section described below:
(a) For Mobile Trailers. Approval of a use permit for a maximum of 120 days of occupancy per calendar year in accordance with the procedures set forth in Chapter 14.60 BMC shall be required.
(b) For Recreational Vehicles.
(i) A recreational vehicle may be occupied on any nonresidential lot for a total of up to 14 days within any calendar year by right and shall not be subject to the provisions of this chapter.
(ii) A permit for such use in excess of 14 days per calendar year is obtained in the manner described in this section.
(A) An administrative permit authorizing occupancy of up to four recreational vehicles per legal lot for a period of up to 30 days per calendar year may be issued by the city planner.
(B) Approval of a use permit for up to 120 days of occupancy per calendar year in accordance with the procedures set forth in Chapter 14.60 BMC shall be required for occupancy of up to four recreational vehicles for more than 30 days within any calendar year.
(C) The maximum duration or time period for continuous occupation of a recreational vehicle in all nonresidential zoning districts is 120 days.
(c) The following conditions are required for mobile trailers or recreational vehicles in areas where nonresidential uses or zone districts are adjacent to residential uses or zone districts:
(i) Five-foot setbacks from all property lines shall be provided when abutting residential uses, and where possible when abutting nonresidential uses.
(ii) The mobile trailer or recreational vehicle shall be parked on an improved surface.
(iii) Any and all exterior lighting shall be shielded and downward-directed.
(iv) Noise shall not exceed what is allowed within the existing zoning district and the city’s noise ordinance.
(v) Screening, such as obscure fencing, bushes or other aesthetically pleasing barrier, approximately six feet in height, between residential uses and nonresidential uses shall be provided in order to limit the visibility of the mobile trailer or recreational vehicle from the adjacent residential lot. Existing screening, such as obscure fencing and bushes, is acceptable if the screening is between the residential use and the mobile trailer or recreational vehicle.
(d) The temporary placement of a mobile trailer or recreational vehicle shall not be subject to additional site requirements of Chapter 14.110 BMC (Development Standards – General).
(e) Each mobile trailer or recreational vehicle, which is occupied greater than 30 days of continuous use per year, shall be connected to city potable water, sanitary sewer and other utilities as a condition of approval. Power shall at a minimum be provided by appropriately sized, outdoor-rated, grounded extension cords. All connections shall be approved by the city of Biggs public works department.
(f) A maximum of one mobile trailer or four recreational vehicles may be allowed on each legal lot through a use permit approved by the city council.
(g) A minimum of five feet of fire access shall be maintained in side yards of all properties in which mobile trailers and recreational vehicles are located unless other equal or greater access around the structure is available and/or provided. [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.050]
14.140.060 Nonresidential zone occupancy permit – Application, issuance, and expiration.
(1) An administrative permit authorizing occupancy of the mobile trailer in a nonresidential zoning district shall be obtained prior to a mobile trailer being moved onto a lot which will be occupied without being attached to a permanent foundation. Recreational vehicle occupation is subject to the permitting requirements identified in BMC 14.140.050(4)(b).
(2) The administrative permit may be issued by the city planner, with appeal to the city council. An application for a permit shall be accompanied by a written statement supporting the need for the requested occupancy.
(3) The administrative permit required for mobile trailers or recreational vehicles shall be valid for a period of 120 days. Additional renewals shall require approval of the planning commission, and shall be based upon evidence of a good faith effort to eliminate the need for occupying mobile structures which are not attached to a permanent foundation. [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.060]
14.140.070 Temporary occupancy of a mobile trailer which is permitted in any zoning district.
(1) One mobile trailer or recreational vehicle may be temporarily located on a lot where a permanent dwelling is under construction, provided the applicant for the mobile trailer or recreational vehicle obtains an administrative permit approved by the city planner which shall be valid for up to one year from the date of issue or until the end of the construction period, whichever is less. Occupancy of the mobile trailer or recreational vehicle shall be limited to those persons who intend to reside in the dwelling under construction. The location of the mobile trailer or recreational vehicle must conform to all site requirements and meet all city zoning and health and safety codes applicable to the zone in which the mobile trailer or recreational vehicle is located, except for conditions exempted herein.
(2) A temporary sales trailer or temporary contractor’s office may be located in any zone district on the property to which it is directly appurtenant. A use permit for such a use may be granted which shall be limited to a maximum duration of 120 days. Additional renewals shall require approval of the city council, and shall be based upon evidence of a good faith effort to eliminate the need for occupying the mobile structure. All temporary sales trailers or temporary offices shall be removed at the owner’s expense within 30 days of the expiration of said permit, and the site shall be cleaned and revegetated.
(3) In all cases involving occupancy of a mobile trailer not installed on a permanent foundation for more than 30 days, the temporary dwelling shall be connected to city electrical, domestic water and wastewater collection services unless otherwise authorized by the city council through the use permit process. Connection to services shall be approved by the public works department and appropriate fees shall be collected by the city. [Ord. 409 § 3, 2017; Ord. 399, 2013; Ord. 320 § 1, 1999. Formerly 14.70.070]