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§ 3-1 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-3 Chapter 3 RECREATIONAL VEHICLE PARK AND CAMPGROUNDS Sec. 3-1: Title Sec. 3-2: Statement of Purpose Sec. 3-3: Definitions Sec. 3-4: Preliminary Development Plans Sec. 3-5: Applications and Preliminary Plans Sec. 3-6: Final Plans Sec. 3-7: Approvals Sec. 3-8: Fees Sec. 3-9: Standards for Recreational Vehicle Parks and Campgrounds Sec. 3-10: Streets Sec. 3-11: Setbacks and Buffer Yards Sec. 3-12: Sewage Holding Tank Sec. 3-13: Lighting Sec. 3-14: Utilities Sec. 3-15: Length of Stay in Recreational Vehicle Park Sec. 3-16: Responsibilities of the Recreational Vehicle Park Management Sec. 3-17: Violation of Provisions; Operations Suspension Sec. 3-18: Waivers Sec. 3-19: Appeals Sec. 3-20: Violations; Penalties Sec. 3-1. Title. This Chapter shall be known and designated as the "Recreational Vehicle Park and Campgrounds Chapter" of this Code, and shall apply to all recreational vehicle parks and campgrounds developed after the adoption of this Chapter. (Ord. 2020-01, 01/21/2020) Sec. 3-2. Statement of Purpose. Realizing that there is an identifiable need to provide locations in the City for the Traveling Public to park recreational vehicles or the placement of tents, this Chapter is provided to permit the development of recreational parks and campgrounds. (Ord. 2020-01, 01/21/2020) Sec. 3-3. Definitions. A. Accessory Structure. A subordinate building or structure, the use of which is incidental to the use of a recreational vehicle park such as storage buildings, laundry, restrooms and shower facilities, recreation halls, maintenance shops, etc. B. Application, Recreational Vehicle (RV) Park. Standard form provided by the City to be completed and submitted to the City along with accompanying maps, plans and other requested information. C. Buffer Zone. The area immediately within the external property lines of any recreational vehicle park which is intended as an open transitional area between the recreational vehicle development and adjacent land uses. D. Building. Any structure having a roof, but excluding all forms of vehicles even though immobilized. E. Construction Permit. An official certificate issued by the City granting permission after all final plans are approved to start construction (roads, utilities, site preparation, etc.) on the development of a recreational vehicle park. F. Recreational Vehicle. A vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. The basic entities are: camping trailer, motor home, travel trailer or fifth wheel camper, truck camper, and park model recreational vehicle, and are defined as follows: 1. Camping Trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use. ---PAGE BREAK--- § 3-3 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-5 2. Motor Home. 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 cab or van which is an integral part of the completed vehicle. 3. Travel Trailer or Fifth Wheel Camper. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than two hundred twenty (220) square feet, excluding built in equipment and bath and toilet rooms. 4. Truck Camper. A portable unit constructed for recreational, camping or travel use, consisting of a floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck. 5. Park Model Recreational Vehicle. A recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode, and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers, recreational park trailers, and certain tiny homes. G. Tent. A collapsible structure, primarily constructed of fabric, with a floor area of no more than two hundred (200) square feet designed to provide temporary living quarters for recreational, camping or travel use. H. Recreational Vehicle (RV) Park: Any lot of land upon which two or more recreational vehicle spaces are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters. (Ord. 2020-01, 01/21/2020) Sec. 3-4. Preliminary Development Plans. Any person wishing to make application for a recreational vehicle park and campground should contact the City to determine the regulations and requirements for such a development. A conference between the applicant and the appropriate staff will be scheduled: A. To provide clarification of the recreational vehicle park development process; B. To review adequacy of utilities for the development; and C. To clarify public utilities and other development policies of the City. (Ord. 2020-01, 01/21/2020) Sec. 3-5. Applications and Preliminary Plans. The applicant shall submit to the City, an application on the form prescribed by the City, and one paper copy along with one digital copy (in PDF format) of preliminary plans for consideration by the Planning and Zoning Commission, at least twenty-one (21) days prior to the meeting at which such plans will be considered. The application and preliminary plans shall include at least the following: A. Application: 1. Name, address of developer and names of principal professional personnel involved in plan preparation; 2. Legal description of development site; 3. Area of proposed development measured in acres and square feet; 4. Percentage of total area to be set aside for use in common or recreation; 5. Number of spaces or lots intended for development; and 6. Any intentions for phasing the project, along with a description of the proposed phases. B. Preliminary Plans: ---PAGE BREAK--- § 3-5 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-6 1. A drawing to scale of not less than one inch to fifty feet (50') showing all land uses on the periphery of the development and all public and private roads within three hundred feet (300') of the development drawings; 2. A topographical map showing existing and final contours and drain systems through the development, with maximum contour intervals of five feet extending not less than one hundred fifty feet (150') beyond the boundaries of the development area; this requirement may by waived by the City Engineer; 3. Tentative patterns of streets, bikeways and walkways, showing width and separation of same, and their relationship to similar facilities outside the boundaries of the proposed development, including sizing. Proposed street names shall be shown; 4. Location and specific nature of open areas and playground equipment, if any; 5. Location of all existing and proposed structures within the development; 6. Location and precise nature of buffer area and its contents; 7. A conceptual plan of landscaping, indicating type (trees, shrubs, ground cover) and general extent of plantings, and a statement regarding the proposed maintenance program; 8. Tentative location of lots or spaces and location of major areas intended for use in common; and 9. Any other details specifically requested to be shown at the preliminary conference. The preliminary plans will be submitted twenty-one (21) days prior to consideration before the Planning and Zoning Commission. The City will submit the preliminary plans for comment to the City Engineer, the Fire Marshal and designated City Staff at least fifteen (15) days prior to the scheduled meeting before the Planning and Zoning Commission. Staff comments will be provided within ten (10) days from the date they are provided copies of the development plans. The plans will be forwarded along with comments from the City Staff to the Planning and Zoning Commission. The Planning and Zoning Commission will review the plans and will approve or disapprove the plans, within forty-five (45) days after the first meeting at which they are considered. If the preliminary plans are found to be in substantial compliance with requirements for final plans, the Planning and Zoning Commission may waive the final plan review. (Ord. 2020-01, 01/21/2020) Sec. 3-6. Final Plans. The final plan will include detailed drawings on all physical developments of the park development and any other requirements determined during the approval process of the preliminary plans. Within a year after the Planning and Zoning Commission approval of the preliminary plans, the applicant shall submit to the City one paper copy along with one digital copy (in PDF format) of the final plans, twenty (20) days before the scheduled meeting of the Planning and Zoning Commission. Final plans will be checked for conformance with the concepts presented and approved in the preliminary plans, the requirements of this Chapter and City standards before submitting the final plans to the Planning and Zoning Commission for its approval. If the Planning and Zoning Commission finds the final plans to be in conformance with the approved preliminary plans, the plans will be approved. The decision of the Planning and Zoning Commission may be appealed to the Council within seven days of adoption of findings of fact. The provisions of Code Section 4-8- 6 shall apply to appeals to the Council of decisions by the Planning and Zoning Commission on recreational vehicle park applications. The final plans shall include: A. Construction plans prepared by a licensed engineer indicating alignment and grade for water, sanitary sewer, storm sewer and streets; this ---PAGE BREAK--- § 3-6 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-11 requirement may be waived or modified by the City Engineer; B. Parking location and layout; C. Street lighting layout; D. Space numbering; E. Fire protection plan; content determined by the City; and F. Landscaping plan. The placement of landscaping shall be left to the discretion of the owner or operator of the recreational vehicle park. In order to create a park-like setting and promote privacy for the users of the recreational vehicle park, however, the following standards shall apply: 1. At least one canopy tree of one point five inch caliper and two shrubs a minimum of twelve inches (12”) in height per every two recreational vehicle sites; 2. All common areas and lots not utilized for structures, parking or other landscaping shall be covered by turf or other vegetative ground cover. Before occupancy is permitted, record drawings prepared by a licensed engineer of all public improvement construction will be submitted to the City Engineer. (Ord. 2009-04, 02/02/2009; Ord. 2020-01, 01/21/2020) Sec. 3-7. Approvals. Construction of recreational vehicle park improvements shall not commence until final plans have been approved by the Planning and Zoning Commission. All improvements shall be constructed in accordance with approved final plans before the recreational vehicle park may be occupied. (Ord. 2020-01, 01/21/2020) Sec. 3-8. Fees. Fees for permits will be established by resolution from time to time by the Council. (Ord. 2020-01, 01/21/2020) Sec. 3-9. Standards for Recreational Vehicle Parks and Campgrounds. A. Minimum space size shall be forty feet by twenty feet (40' x 20'); however, up to forty percent (40%) of the spaces may be a minimum of twenty-five feet by twenty feet (25' x 20'). B. Design of spaces shall be such that minimum space between recreational vehicles is ten feet C. Toilet facilities and potable water shall be provided in all campgrounds and in all recreational vehicle parks that allow tents or recreational vehicles which are not self-contained. D. Common open space will be provided for each space in the park. This area shall be exclusive of all setback areas and shall be developed with turf and trees. The size of the open spaces shall be left to the discretion of the developer. E. Trash receptacles shall be provided, and shall be located no further than one hundred fifty feet (150') away from any recreational vehicle or campground space. (Ord. 2020-01, 01/21/2020) Sec. 3-10. Streets. Internal private streets shall be a minimum of twenty-eight feet (28') (including a twenty foot [20’] surface and four foot shoulders) in width for two way streets and twenty feet (20') (including a twelve foot [12’] surface and four foot shoulders) for one way streets, with a minimum of three-quarters inch processed rock, six inches in depth. Minimum outside radius of all curves in streets shall be forty feet (Ord. 2020-01, 01/21/2020) Sec. 3-11. Setbacks and Buffer Yards. Setbacks and buffer yards shall be required to provide a physical and/or visual buffer to eliminate potential land use conflicts. Setbacks or buffer yards shall be required as follows: A. Adjoining Public Streets. Portions of a recreational vehicle park that adjoin public streets shall have a B buffer yard, as defined in Code Section 4-6-9, except in such areas required for access and/or a vision clearance triangle. Portions of a public right-of-way ---PAGE BREAK--- § 3-11 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-17 may be used as a part of the buffer yard at the discretion of the City; B. Adjacent to Residential and Industrial Uses. Portions of a recreational vehicle park that adjoin a residential or industrial use shall have a minimum setback of ten feet (10’) from the property line and shall have a six foot high, sight-obscuring fence located within the setback area. Utility lines and outlets may be located within the setback area. C. Adjoining Undeveloped Land. Portions of a recreational vehicle park that adjoin undeveloped land shall have an buffer yard, as defined in Code Section 4-6- 9, except in such areas required for access and/or a vision clearance triangle. (Ord. 2020-01, 01/21/2020) Sec. 3-12. Sewage Holding Tank. A sewage holding tank for self- contained recreational vehicles shall be provided within the recreational vehicle park or the park owner shall provide or have provided a pumping service from the recreational vehicles into a sewage tank truck. (Ord. 2020-01, 01/21/2020) Sec. 3-13. Lighting. Street lights along the public right-of- way shall be provided by the developers of the recreational vehicle park as required by the City Engineer. Lighting of RV park and campground internal roads and/or pedestrian paths may be required by the Planning and Zoning Commission as dictated by the size, layout and scale of the development and in accordance with the Outdoor Lighting Section of the Zoning Code. (Ord. 2005-07, 02/07/2005; Ord. 2020-01, 01/21/2020) Sec. 3-14. Utilities. All recreational vehicle parks and campgrounds with access to City sewer and/or water shall be served by such. In recreational vehicle parks and campgrounds served by private streets, a utility easement may be required by the City. In those that have no access to City sewer and water, septic systems and wells are permissible subject to Idaho State Health District approval. (Ord. 2020-01, 01/21/2020) Sec. 3-15. Length of Stay in Recreational Vehicle Park. Maximum length of occupancy of spaces within the RV park shall be as follows: A. Persons occupying vehicles with total hookups, including sewer, water and electricity, shall be permitted to occupy an RV park space year-round; B. Persons occupying tents or vehicles with less than total hookup capacity shall not occupy any RV park space for a period exceeding fourteen (14) days in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different RV park spaces anywhere in the facility exceed a total of fourteen (14) days in any twelve (12) month period. (Ord. 2020-01, 01/21/2020) Sec. 3-16. Responsibilities of the Recreational Vehicle Park Owner. A. The owner of a recreational vehicle park shall operate in compliance with this Chapter and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and a clean and sanitary condition. B. The park owner shall notify park occupants of all applicable provisions of this Chapter and inform them of their duties and responsibilities under this Chapter and regulations issued hereunder as applicable. (Ord. 2020-01, 01/21/2020) Sec. 3-17. Violation of Provisions; Operations Suspension. Whenever, upon inspection of any recreational vehicle park, the City finds that conditions or practices exist which are in violation of any provision of this Chapter, or the park operator's permit for the ---PAGE BREAK--- § 3-17 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-18 development, or any other regulation adopted pursuant thereto, the City shall give notice which shall: A. Be in writing; B. Include a statement of reasons for its issuance; C. Allow a reasonable time for the performance of any act it requires; D. Be served upon the owner or owner’s agent when a copy thereof has been sent by certified or regular mail to owner’s last known address or when owner has been served with such notice by any other method authorized or required by the laws of this State; and E. Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this Chapter and with regulations adopted pursuant thereto. At the end of the specified period of time, the City shall reinspect such recreational vehicle park and, if such conditions or practices have not been corrected, take legal action to have the recreational vehicle park operator's permit revoked and the recreational vehicle park cease operation, or have City take remedial action to correct the problem and bill the park owner for these costs or put a lien on the owner’s property. Any person whose recreational vehicle park has received notice that their recreational vehicle park operator's permit will be revoked unless certain conditions or practices at the recreational vehicle park are corrected, may request a hearing on the matter before the Council. The recreational vehicle park owner/operator has thirty (30) days to appeal the ruling of the City and to file an appeal with the Council. The filing of the request for a hearing shall operate as a stay of notice and of suspension. Under receipt of such petition, the Council shall set a time and place for such hearing and shall give the petitioner notice thereof. At such hearing, the petitioner shall be given the opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced no later than thirty (30) days after the day on which the petition was filed; provided that upon application of the petitioner, the date of the hearing may be postponed for a reasonable time beyond such thirty (30) day period when it is felt that the petitioner has submitted good and sufficient reasons for postponement. After such hearing, the Council shall make findings as to compliance with the provisions of this Chapter and regulations issued thereunder, shall issue orders in writing sustaining, modifying or withdrawing the notice which shall be served in a manner prescribed in this Code. Upon failure to comply with the order sustaining or modifying a notice, the operation of the recreational vehicle park affected by the order shall be stopped or corrective action taken by the City and charged to the park owner. The proceedings at such hearing, including the findings and decisions of the Council, together with a copy of every notice and order related thereto, shall be entered as a matter of public record of the Council, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by the laws of this State. When the City finds an emergency exists which requires immediate action to protect the public health, it may, without notice of hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, including the suspension of operation and the revoking of the park operator's permit. Notwithstanding any other provisions of this Chapter, such order as directed shall comply therewith immediately, but upon petition to the Council, shall be afforded a hearing as soon as possible. The provisions of this Section shall be applicable to such hearing and order issued thereafter. (Ord. 2011-03, 05/16/2011; Ord. 2020-01, 01/21/2020) Sec. 3-18. Waivers. The applicant may petition the Planning and Zoning Commission to waive or modify requirements of these regulations. ---PAGE BREAK--- § 3-18 TITLE 6 — RECREATIONAL VEHICLE PARK AND CAMPGROUNDS § 3-20 The applicant must demonstrate to the satisfaction of such Commission that there are special or extraordinary circumstances particular to his/her proposal such that strict application of these regulations would impose undue hardship or not meet with the intent of this Chapter. The applicant must further demonstrate that the waiver or modification will not result in any adverse impacts on the users of the development, adjacent properties, nor the general public. (Ord. 2020-01, 01/21/2020) Sec. 3-19. Appeals. Any person whose application for a recreational vehicle park development under this Chapter has been denied may, within ten (10) days after the date on which the application was denied, appeal to the Council under the procedure provided in Code Section 6-4-18 herein. A hearing on the matter will be scheduled within sixty (60) days of the date of the appeal being filed. (Ord. 2020-01, 01/21/2020) Sec. 3-20. Violations; Penalties. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined pursuant to this Code and the Idaho Code. Each day such violation is permitted to continue shall constitute a separate offense and shall be punishable as such. The City may also use any civil remedies available to gain compliance with this Chapter. (Ord. 2020-01, 01/21/2020)