HomeMy WebLinkAbout1836Ordinance No. 1836
(Amending or Repealing Ordinances)
CFN=464 — Recreational Vehicle Park Code
Passed — 8/6/1973
Adopting Recreational Vehicle Park Code
Amended by Ord. 3819
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ORDINANCE NO. ) V34
AN ORDINANCE Of the City of Kent, Wash-
ington adopting by reference that code known
as Recreational Vehicle Park Code -City of
Kent, Washington; providing for future ad-
ditions and amendments to the Code.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. There is hereby adopted by reference upon
the effective date of this Ordinance and upon the filing of three
(3) copies with the Kent City Clerk, that certain code known as
Recreational Vehicle Park Code - City of Kent, Washington, to-
gether with all amendments and additions thereto.
Section 2. Additions and amendments to the Code may be
made by the City Council by motion at any Regular or Special City
Council Meeting.
Section 3. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and pub-
lication as provided by law.
ATTEST:
JENSEN4/ C
AP ROVED AS TO FORM:
t
DON LD E. MIRK, CITY ATTORNEY
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ISABEL HOGAN,LAAYOR
r
PASSED the k day of August, 1973.
APPROVED the day of August, 1973.
PUBLISHED the L,t day of August, 1973.
I hereby certify that this is a true copy of Ordinance
j _, passed by the City Council of the City of Kent,
No. �
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
MARIE JEN CITY CL RK
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KENT RECREATIONAL
VEHICLE PARK CODE
11
THE RECREATIONAL VEHICLE PARK CODE WAS
APPROVED BY THE KENT CITY COUNCIL ON
AUGUST 6, 1973 BY ORDINANCE 1836 AND
BECAME EFFECTIVE ON AUGUST 16, 1973.
-i-
a
f,
RECREATIONAL VEHICLE PARK CODE
M
TABLE OF CONTENTS
SECTION I - GENERAL INFORMATION
Page
1.1
Title-------------------------------------------- 1
1.2
Purpose----------------------------------------- 1
1.3
Scope ------------------------------------.------ 1
1.4
Definitions------------------------------'------ 1
SECTION II - PROCEDURES AND ADMINISTERING AUTHORITIES
2.1 Zoning for Recreational Vehicle Parks -----------
2.2 Application Procedures --------------------------
2.3 Recreational Vehicle Park Preliminary
Development Plan---------------------------- ----
2.4 Recreational Vehicle Park Final Development
Plan-------------------------------------------
2.5 Substitution of Final Development Plan for
Preliminary Development Plan------------ -----
2.6 Code Administration -------------------- ---------
SECTION III - TECHNICAL INFORMATION
3.1 Location and Design ----------------------------
3.2 Completion Certification ------------------------
SECTION IV - PARK OPERATION
3
3
5
5
6
6
7
9
4.1 Licenses---------------------------------------
4.2
-------------------------------------- 4.2 Registration of Occupants----------------------- 11
4.3 Inspection-------------------------------------- 11
4.4 Occupancy Limits-------------------------------- 11
4.5 Maintenance------------------------------------- 11
SECTION V - VARIANCES, PENALTIES, SEVERABILITY,
LIABILITY, REPEAL
5.1
Variances---------------------------------------
12
5.2
Penalties---------------------------------------
12
5.3
' Liability--------------------------------------=
12
5.4
Severability---------------------------------- --
12
RECREATIONAL VEHICLE PARK CODE
CITY OF KENT, WASHINGTON
M
A code of the City of Kent, Washington, providing for the
municipal adoption of rules, regulations, requirements,
standards and procedures for the approval or disapproval
of the development of recreational vehicle parks; pro-
viding for the variation and exception thereto in hardship
cases; providing penalties for the violation of such
adopted rules, requirements, regulations, and standards;
providing for the efectuation of the expressed and implied
authority of the City of Kent in accordance with the intent
of State statutes; invalidating all parts or sections of
other ordinances in conflict herewith.
SECTION I - GENERAL INFORMATION
Section 1.1 Title
This code shall be hereinafter known as the City of Kent
Recreational Vehicle Park Code.
Section 1.2 _Purpose
The purpose of this code shall be to provide rules, regulations,
requirements, and standards for development of recreational
vehicle parks in the City of Kent; insuring that the highest
feasible quality in such parks will be obtained; that the
public health, safety, general welfare and aesthetics of the
City of Kent shall be promoted and protected; that orderly
growth and development together with the conservation, pro-
tection and proper use of land shall be insured; that proper
provisions for all public facilities (including circulation,
utilities, and services) shall be made; and that conformance
with provisions set forth in the City of Kent Zoning Code
and Comprehensive Plan shall be insured.
Section 1.3 Scope
This code applies to any acquisition of land, improvement of
land, or the development of`land for recreational vehicle
park use_. This code shall apply to all lands within the
corporate boundaries of the City of Kent.
Where this code imposes greater restrictions or higher
standards upon the development of land than other laws,
ordinances or restrictive covenants, the provisions of this
code shall prevail.
Section 1.4 Definitions
For the purpose of this code certain terms, phrases, words,
and their derivatives shall be construed as -specified in this
section. Words used in the singular include -the plural and
the plural the singular. The words "shall" and "will" are
mandatory; the word "may" is permissive.
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CITY COUNCIL. The City Council of the City of Kent, Washington.
DEPENDENT UNIT. A recreational vehicle that does not have a
private toilet and bathtub or shower.
DEVELOPER. The person, firm or corporation developing a recrea-
tional vehicle park.
INDEPENDENT UNIT. A recreational vehicle that has a toilet and
bathtub or shower.
PLANNING COMMISSION. That body as defined in Ordinance 1674,
City of .Kent.
RECREATIONAL AREA. A parcel or parcels of land or an area of
water or a combination of land and water within the site
designated fora recreational vehicle park which are designed
and intended for the use or enjoyment of residents of the
park. The recreational area may contain such complimentary
structures and improvements as are necessary and appropriate
for the benefit and enjoyment of residents of the recrea-
tional vehicle park.
RECREATIONAL VEHICLE. Any vehicle or structure so designed
and constructed to permit occupancy thereof, with sleeping
quarters for one(1) or more persons, and constructed in
such manner as to permit its being used as a conveyance
upon the public streets or highways and duly licensable as
such, propelled, drawn or transported by its own or other
power.
RECREATIONAL VEHICLE PARK. Any site, lot, parcel or tract of
land designed, maintained or intended for the purpose of
supplying a location or accommodations for five (5) or more
recreational vehicles and shall include all buildings used
or intended for use as a part of the equipment thereof,
whether a charge is made for the use of the recreational
vehicle park and its facilities or not. Recreational vehicle
parks shall not include commercial automobile or recreational
vehicle sales areas on which unoccupied recreational vehicles
are parked for purposes of inspection and sale only.
RECREATIONAL VEHICLE SPACE OR SITE. A parcel of ground within
a recreational vehicle park designated for the accommodation
of any recreational vehicle.
SERVICE BUILDING. A building housing separate toilet, lavatory,
and bath or shower accommodations for men and women, with
separate service sink and laundary facilities.
SETBACKS. The minimum all.owable.hor.i.zontal distance from a given
point or line of reference, such as a street right-of-way,
to the nearest vertical wall or other element of a recrea-
tional vehicle or appurtenant structure. All setbacks from
a line of reference shall be measured on a line perpendicular
to said line of reference.
TENT. An enclosed structure or shelter fabricated entirely or
in major part of cloth, canvas, plastic or similar material
which is erected for periods not exceeding thirty (30) days
for recreational or vacation purposes. For the purpose of
this code a tent shall be considered as a dependent camping
vehicle.
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SECTION II - PROCEDURES AND ADMINISTERING AUTHORITIES
Section 2.1 Zoning for Recreational-Vehiazle-Pa-rks
Recreational vehicle parks shall be allowed in MHR, Mobile
Home Residential zones and Mobile Home Park Combining Districts.
Section 2.2 Application and Review
1) Responsible Departments. The Planning Department, Public
Works Department, Fire and Building Departments and
appropriate Health Agency shall be responsible for
administering the review, design, and construction pro-
visions of this code.
2) Application Procedures
a) Existing Mobile Home Park Zones
(1) The first step in preparing an application for a
recreational vehicle park involves early informal
discussions with appropriate City departments to
allow the developer to obtain details of City
requirements and some idea of the feasibility of
his proposal prior to the actual submission of
development plans.
(2) The second step involves the preparation and
submission to the Planning Department of a
Preliminary Development Plan of the proposed
recreational vehicle park. Said plan shall be
reviewed by the responsible departments (Section
2.2 -1) and any comments and/or required corrections
resulting from this review shall be provided to
the developer.
(3) The third step involves the preparation and sub-
mission to the Planning Department of a Final
Development Plan. This plan shall be reviewed by
the responsible departments for compliance with
their requirements and if approved shall serve as
a basis for issuance of all permits and licenses.
b) Residential Zoned Property Not Presently Zoned for
Mobile Home Park Use
Mobile Home Parks and Recreational Vehicle Parks may
be located in any residential district when MHP
Combining District regulations and development plans
are approved for that location. The procedure for
approval of a Mobile Home Park Combining;District re-
quires a public hearing before the Planning Commission
and a second public hearing before the City Council
together with City Council approval.
(1) The first step in preparing an application for a
recreational vehicle park involves early informal
discussions with appropriate City departments to
allow a developer to obtain details of City
requirements and some idea of the feasibility of
his proposal prior to the actual submission of
development plans.
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(2) The second step involves the preparation and sub-
mission to the Planning Department of a Preliminary
Development Plan of the proposed recreational
vehicle park together with an applicationfor a
Mobile Home Park Combining District. Application
forms for a Mobile Home Park Combining District
are available in the Planning Department office.
The Preliminary Development Plan and application for
a Mobile Home Park Combining District must be sub-
mitted to the Planning Department at least twenty-
five (25) days prior to the date the developer intends
to be heard before the Planning Commission. A fee
Of fifty (50) dollars plus one (1) dollar for each
lot shall be paid at the time of application.
Within two (2) days of receipt of the application
the Planning Department shall set a time and date
for a preliminary plan meeting between the developer
and the responsible departments. The comments
resulting from the preliminary plan meeting,as well
as any written comments received by the Planning
Department, shall be considered in preparing the
staff recommendation to be presented to the Planning
Commission.
Notification. The Planning Department shall give
written notice of the Planning Commission Public
Hearing to all property owners within a radius of
two hundred (200) feet -of the exterior boundaries
of the property being subject of the application.
Public notice shall also be posted in three (3)
conspicuous places on or adjacent to the property
subject of the application at least ten (10) days
prior to the date of the public hearing.
Recommendation of the Planning Commission. Following
the aforesaid public hearing, the Planning Commission
shall make a report of its findings and recommenda-
tions with respect to the proposed Combining District
and shall forward such to the City Council.
City Council Action. The City Council shall hold a
public hearing within thirty (30) days of the date
of the Planning Commission public hearing. If the
application for a Mobile Home Park Combining District
is denied by the City Council, said application shall
not be eligible for resubmittal for one (1) year
from date of said denial, unless specifically stated
to be without prejudice. A new application affect-
ing the same property may be submitted, if in the
opinion of the Planning Commission, circumstances
affecting the application have changed substantially.
(3) The third step involves the preparation and sub-
mission to the Planning Department of a Final
Development Plan. This plan shall be reviewed by
the responsible departments for compliance with
their requirements and if approved shall serve as
a basis for issuance of all permits and licenses.
One Year Validity. Any Mobile Home Park Combining
District shall remain effective only for one (1) year
unless the use is begun within that time or construction
has commenced.
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Section 2.3 Recreational Vehicle Park Preliminary Development Plan
1) General Information. Seven (7) copies of the Preliminary
Development Plan shall be submitted to the Planning
Department. The Planning Department shall then transmit
one copy of said plans to the appropriate Health Agency,
two copies to the Kent Fire and Building Departments, and
three copies to the Kent Public Works Department.
2) Preliminary Development Plan Requirements. The Preliminary
Development Plan shall include the following:
a) Vicinity Map. A vicinity map of the area, dimensions,
acres and zoning of the adjacent property, at a scale
of not less than one (1) inch representing two hundred
(200) feet.
b) Site Map. Site map at a scale of not less than one (1)
inch representing one hundred (100) feet showing:
(1) An accurate legal description of the property
involved.
(2) Location and square footage of lots. Notation as
to average lot size will suffice for square footage.
(3) Street layout and sizes.
(4) Recreational area location and square footage.
(5) Number of parking spices and location.
(6) The location of service buildings and other existing
and proposed structures.
(7) Location and type of landscaping to be used.
Section 2.4 Recreational Vehicle Park Final Development Plan
1) General Information. Seven (7) copies of the Final Develop-
ment Plan shall be submitted to the Planning Department.
The Planning Department shall then transmit one copy of
said plans to the appropriate Health Agency, two copies to
the Kent Fire and Building Departments, and three copies
to the Kent Public Works Department.
2) Final Development Plan Requirements. The Final Development
Plan shall include the following:
a) Site Maps. Site maps at a scale of not less than one
(1)inch representing one hundred (100) feet showing:
(1) The location of existing and platted property
lines, streets, buildings, water courses,
railroads, sewers, bridges, culverts, storm drains,
water mains, and any recorded utility or roadway
easements and the present zoning classification,
both of the land to be used for the recreational
vehicle park and of the adjoining lands (land
that abuts the subject area).
(2) Plans of proposed underground utility layouts
(sanitary and storm drainage, water, gas, tele-
phone, fire hydrant system, and electrical power).
When such connections are not feasible or required,
any proposed private water or sewage disposal
system must be approved by the Engineering Depart-
ment and Health Agency.
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(3) Contour lines at vertical intervals of not more
than five (5) feet.where the average slope is or
exceeds eight (8) percent. On slopes averaging
less than eight (8) percent, contour lines at
vertical intervals of not more than two (2) feet
shall be required. Contour data shall be
referenced to National Ocean Survey (1929 mean
sea level) datum.
(4) The proposed lots, structures, roadways, parking
spaces, walkways, screening, recreation areas,
landscaping, and any other permanent physical
features.
b) Landscape Plan.. A detailed landscape plan.
c) Indicate the acreage of land to be used for the
recreational vehicle park, the number of lots, the
amount of square feet and dimensions of each lot.
d) Parking Spaces. The number, location, and size of all
automobile parking spaces.
e) Streets and Sidewalks. The location and width of
streets and sidewalks.
f) Buildings. The location of service buildings and
other existing and proposed structures.
g) Any other pertinent information deemed necessary by
the responsible departments.
3) Final Plan Meeting. At a time and date set by the Planning
Department, representatives of the responsible departments
as defined in Section 2.2 1) shall meet to consider the
Final Development Plan. The developer shall be encouraged
to attend the Final Plan Meeting.
Any revisions or corrections required by the responsible
departments shall be applied to the Final Plans which shall
then be used as the basis for any construction permits
related to the development of the recreational vehicle
park site.
Section 2.5 Substitution of Final Development Plan for Preliminary
Development Plan
In certain instances, the applicant may choose to submit a
completed Final Development Plan,in place of the Preliminary
Development Plan. An example of a situation where this
alternative procedure might be in order would be the conversion
of a number of spaces within an existing mobile home park to
a recreational vehicle park use. Informal discussions with
the responsible departments prior to the actual preparation
of plans might clear up any problems that exist and might
make the submission of plans in two stages unnecessary.
Although the applicant may choose to initiate this simplified
procedure, actual acceptance of the submitted plans as
suitable Final Development Plans shall require the unanimous
agreement of everyone present at the development plan meeting.
Section 2.6 Code Administration
General administration of this code shall be the responsibility
of the Planning Department; however, those matters that are
defined by City ordinance as the responsibility of any other
department shall be administered by that department.
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SECTION III - TECHNICAL INFORMATION
Section 3.1 Location- and- Design
Recreational vehicle parks shall comply.with the following
minimum standards:
1) Number of Spaces. A minimum of five (5) recreational
vehicle spaces shall be required in a recreational vehicle
park.
2) Access.
a) Vehicular. A recreational vehicle park having more than
seventy-five (75) spaces shall have two (2) or more
places of access at least one of which shall be on a
major or secondary street as defined by the City of
Kent Street Plan. No entrance or exit from the recrea-
tional vehicle park shall be closer than fifty (50)
feet to a street intersection measured from the nearest
right-of-way line of the intersecting street. The
developer shall not create or maintain, or allow to be
created or maintained within the boundaries of the recrea-
tional vehicle park any material impediment to visibility
which obscures the view of an approaching driver in the
right lane of the street within:
(1) One hundred (100) feet where the speed limit is
less than forty-five (45) miles per hour, or
(2) One hundred and fifty (150) feet where the speed
limit is forty-five (45) miles per hour or more,
of any portion of the approach lane of the access -
way within twenty-five (25) feet of its intersection
with the right hand lane of the street.
All traffic lanes and streets within the recreational
park shall have a minimum width of thirty (30) feet and
shall be paved and drained in a manner approved by the
Engineering Department. No parking for other than
emergency purposes shall be allowed in the streets and
traffic lanes of a recreational vehicle park.
b) Pedestrian. Means of protected pedestrian access shall
be provided between the parking spaces, recreational
and service facilities, and public ways outside the
limits of the park. Curbing shall be used to separate
pedestrian and vehicular traffic and crosswalks shall
be provided and maintained by the management.
3) Screening. All recreational vehicle parks shall be surrounded
by a five (5) foot high, fifty (50) to one hundred (100) per-
cent view obscuring wall, fence, or planting strip, as
permitted by Section 3.1 2)a) of this code and the yard
requirements of the surrounding zone.
4) Permanent Structures
a) Permanent Dwellings. The only permanent dwelling allowed
in the recreational vehicle park shall be the single-
family dwelling of the owner or manager.
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b) Service Building
(1) Laundry.Facilities. Such facilities shall be pro-
vided by the management in the ratio of one (1)
dryer and two (2) washers for every thirty (30)
spaces within the park.
(2) Restroom and Shower Facilities. If dependent units
of any type are to be allowed to occupy space
within the recreational vehicle park, restroom and
shower facilities shall be provided in the following
minimum ratio:
MALE
No. Camping Drinking Water Hand
Vehicle Spaces Fountains Closets Urinals Basins Showers
2-20
1
1
1
2 1
21-30
1
2
1
3 2
31-40
1
3
1
4 2
41-50
1
4
2
5 4
51-60
2
5
2
6 4
61-70
2
6
2
7 5
F E M A L E
No. Camping Drinking Water Hand
Vehicle Spaces Fountains Closets Basins S}iowers
2-20
Included in
2
2 1
"Male" cate-
gory above
21-30
if
3
3 2
31-40
It
4
4 2
41-50
It
5
5 4
51-60
it
6
6 4
61-70
if
7
7 5
c) Surfacing of Spaces. All recreational vehicle spaces
shall have a paved pad of the same minimum dimension
as the largest unit to be allowed to occupy that space.
Said pad shall be located in conformance with the
separation requirements of Section 3.1 7) and shall be
paved in a manner approved by the Engineering Department.
5) Space Dimensions. No specific areas or dimensions are
required for .individual spaces. The developer should
design his spaces around the density and separation require-
ments listed as items (6) and (7) below and the different
types and sizes of recreational vehicles that he intends to
provide accommodations for.
The boundaries of each space shall be clearly marked on
site and each space shall be large enough to accommodate
within those limits the entire recreational vehicle package
being used by the renter of that space; for example, trailer
plus towing vehicle, pickup camper plus pickup when separated,
camper and boat on trailer. The only exception to this
requirement would be to allow a separate parking area for
the vehicle of those persons using an area provided for tents.
6) Density Requirements. The number of recreational vehicle
spaces shall not exceed twenty-eight (28) per gross acre
of the recreational vehicle park.
7) Separation Requirement. No recreational vehicle shall be
positioned closer than ten (10) feet to any other recreational
vehicle or tent, closer than eight (8) feet to any permanent
building, or closer than five (5) feet to any exterior
property line of the recreational park. Self propelled
vehicles not used for sleeping purposes may be located within
the ten (10) foot required separation between recreational
vehicles.
8) Recreational Area. A recreational area composed of outdoor
and/or indoor area totaling not less than one hundred (100)
square feet for each space included within the park shall
be developed and maintained by the management of the recrea-
tional vehicle park.
9) Landscaping. Landscaping shall be provided in the recrea-
tional vehicle park according to a landscaping plan approved
by the Planning Department. A surety bond to cover the
approved landscaping shall be posted prior to the issuance
of any permit to construct the park.
10) Parking. One (1) parking space for guest use shall be
provided for every twenty-five (25) spaces.
11) Illumination. Sufficient illumination shall be provided
between sunset and sunrise to illuminate adequately the
roadways and walkways within the recreational vehicle
park. Such illumination shall not be under the control of
the tenants.
12) Fire Safety Equipment. All fire safety equipment and
installation including hydrants, fire extinguishers, etc.,
shall be in accordance with ordinances of the City of Kent.
13) Utility Systems. All installation and maintenance of
utility systems shall be in accordance with appropriate
Engineering and Health department requirements. Refuse
containers shall be provided by the park operator in number
and type sufficient to satisfy health department require-
ments.
Section 3.2 Completion Certification
1) A signed completion certificate shall signify that the
recreational vehicle park has been satisfactorily completed
according to the approved Final Plan and the requirements
of this code. Said completion certificate shall be
submitted to the Planning Department as a partial require-
ment for the business license. Completion certificate forms
are available from the Planning Department.
2) The developer shall sign and forward the completion certi-
ficate to the Planning Department when, in his opinion, the
recreational vehicle park has been completed. Said certi-
ficate shall be signed by all responsible departments listed
in Section 2.2 1) for those portions of the recreational
vehicle park within their departmental jurisdiction, when
the work has been satisfactorily completed, except for
those improvements deferred by Section 3.2 3).
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3) If a developer wishes to defer certain improvements, written
application shall be made to the department responsible for
approval of that improvement stating the reasons why such
delay is necessary or advisable. Upon approval by the
department the developer shall furnish a performance bond
of one hundred fifty (150) percent of the estimated cost
of the installation of the required improvements. Such bond
shall list the exact work that shall be completed and shall
be subject to the condition that the improvement shall be
completed within one (1) year after the approval of the
Final Plan. Bonds for landscaping may exceed a one (1)
year time limit. The developer may substitute a certified
check in lieu of a performance bond. Such check shall be
made payable to the City Treasurer and shall be in the same
amount as the bond for which it is substituting. The City
reserves the right, in addition to all other remedies avail-
able to it by law, to proceed against such bond or other
payment in lieu thereof. In case of any suit or action
to enforce any provisions of this code, the developer shall
pay unto the City all costs incidental to such litigation
including reasonable attorney's fees. The applicant shall
enter into an agreement with the City requiring payment of
such attorney's fees.
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SECTION IV - PARK OPERATION
Section 4.1 Licenses
It shall be unlawful for any person to operate, maintain or
permit to be operated or maintained upon any property owned or
controlled by him, a recreational. vehicle park within the
limits of the City of Kent without having first secured a license
from the City Clerk in compliance with the provisions of this
code. Such annual licenses will expire on December 31 of each
year, but may be renewed under the provisions of this code for
additional periods of one (1) year. If the license is for less
than half a year, the fee shall be one-half (1/2) the annual rate.
No license shall be transferable.
Section 4.2 Reaistration of Occupants
In all recreational vehicle parks there shall be located an
office of the person in charge of said park. A copy of the
recreational vehicle park license and of this code shall be
posted therein. It is hereby made the duty of the attendant
or person in charge, together with the licensee, to keep a
register of all tenants which shall be available for inspection
by federal, state, county, and city officials; said register
shall contain at least the following information:
1) Name and address of occupants.
2) Dates of entrances and departures.
3) License or registration number of all recreational vehicles.
4) State issuing such license or registration.
Section 4.3 Inspections
1) Regular Inspections. Each recreational vehicle park will
be inspected by the Fire Prevention Bureau in the course
of their normal routine inspections. These inspections
will cover record keeping, proper location and separation
of recreational vehicles, and all other aspects of the park
affecting the health, safety, and welfare of its inhabitants.
2) Special Inspections. In addition to the regular inspections
individual city departments may make special inspections of
those items under their jurisdiction at any time.
Section 4.4 Occupancy Limit
A recreational vehicle park is designed to accommodate only
recreational vehicles. While such units are located within a
recreational vehicle park, no business shall be conducted from
them. A maximum rental period of thirty(30) days shall be
enforced for all spaces within a recreational vehicle park.
Section 4.5 Maintenance
The recreational vehicle park shall be kept in good repair to
insure that said park shall be a pleasant, safe, and sanitary
living environment for present and future inhabitants.
SECTION V - VARIANCES, PENALTIES, SEVERABILITY,
LIABILITY, REPEAL
Section 5.1 Variances o
1) Variance Requirements. The Board of Adjustment may authorize
a variance from the requirements of this -code when, in its
opinion, undue hardship may be created as a result of
strict compliance with the provisions of this code, as per
RCW 35A.63.110. When authorizing a variance, the Board of
Adjustment may prescribe conditions that it deems necessary
to or desirable for the public interest. No variance shall
be recommended unless the Board of Adjustment finds:
a) The variance shall not constitute a grant of special
privilege inconsistent with the limitation upon uses
of other properties in the vicinity and zone in which
the property on behalf of which the application was
filed is located; and
b') That such variance is necessary, because of special
circumstances relating to the size, shape, topography,
location, or surroundings of the subject property, to
provide it with use rights and privileges permitted to
other properties in the vicinity and in the zone in
which the subject property is located; and
c) That the granting of such variance will not be
materially detrimental to the public welfare or in-
jurious to the property or improvements in the
vicinity and zone in which the subject property..is
situated.
2) Applications Required. Application for any variance shall
be submitted in writing on forms prescribed by the Planning
Department by the developer at the time the preliminary
plan is submitted to the Planning Department. The applica-
tion shall state fully all substantiating facts and evidence
pertinent to the request.
Section 5.2 Penalties
Any person or firm who has neglected or failed to comply with
the provisions of this code shall, upon conviction, be guilty
of a misdemeanor and shall be subject to a fine not to exceed
five"hundred (500) dollars for each such violation, or imprison-
ment for a period not to exceed thirty (30) days, or both such
fine and imprisonment.
Section 5.3 Liability
Citv Not Liable. This code shall not be construed to relieve
from or essen the responsibility of any person owning any
land or building, constructing or modifying any recreational
vehicle park in the City for damages to anyone injured or
damaged either in person or property by any defect therein;
nor shall the City or any agent thereof be held as assuming such
liability by reason of any preliminary or final approval or by
issuance of any permits or certificate authorized herein.
Section 5.4 Severability
If any part or portion of this code is determined to be uncon-
stitutional by a court of competent jurisdiction, such determina-
tion shall not affect the remainder\of this code.
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