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Home My WebLink About43501 2 3 4 5 6 7 8 9 10 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 3 5 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CERTAIN SECTIONS OF THE AUBURN CITY ZONING ORDINANCE NO. 4229, CODIFIED AS TITLE 18 AND PROVIDING AN AMORTIZATION OF RECREATIONAL VEHICLES AS A NONCONFORMING USE IN MOBILE HOME PARKS. WHEREAS, the City staff has been working with mobile home park owners in the issue of recreational vehicle units within mobile home parks; and WHEREAS, the regulatory and minimum construction standards relating to recreational vehicles are intended for seasonal, temporary uses as opposed to regulations for mobile homes which are intended for permanent living units; and WHEREAS, because of the temporary and seasonal nature of recreational vehicles, they are inconsistent with the permanent living units permitted in mobile home parks under the Auburn Zoning Code; and WHEREAS, the amendment herein allows a reasonable amortization of existing nonconforming recreational vehicles in mobile home parks to minimize the hardship to the mobile home park owners while achieving the public benefit derived from terminating a nonconforming use; ------------------- Ordinance No. 4350 Page 1 May 11, 1989 1 2 3 4 5 6 7 8 X 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Amendment to the Zoning Code is to address the problem of recreational vehicles, which constitute a nonconforming use in mobile home parks. Two public meetings have been conducted on this proposed Amendment, one before the Planning and Community Development Committee of the City Council, and another hearing before the City Council on May 1, 1989. City staff has met with mobile home park owners on this issue over the past several months. The objective of the Amendment is to achieve conformity of uses in the Mobile Home Park District under the Zoning Code. Regulatory and construction standards relating to recreational vehicles are intended for temporary, seasonal use as opposed to standards for mobile homes which are intended as permanent living units. Recreational vehicles are allowed within approved Recreational Vehicle Parks under the Auburn Zoning Code. For these reasons, recreational vehicles are not consistent with mobile homes and constitute a nonconforming use. The Amendment provides a reasonable amortization period to allow existing recreational vehicles to remain in mobile home parks under reasonable conditions. This amortization approach allows the owners of the mobile home ------------------- Ordinance No. 4350 Page 2 May 11, 1989 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parks an opportunity to prepare for the gradual phase -out of the recreation vehicles which constitute a nonconforming use. This Amendment establishes reasonable standards to minimize the adverse impact to the mobile home park owner, while achieving benefit to the public in establishing conformity of uses in the Mobile Home Park District under the Zoning Code. After hearing the testimony from the public and from City staff, the City Council finds that the Amendment is necessary to the public health, safety and welfare in eliminating recreational vehicles as a nonconforming use in mobile home parks. Section 2. City of Auburn Zoning Ordinance No. 4229, adopted June 1, 1987, codified as Title 18 (Zoning), is hereby amended to add or modify specified subsections which read as follows: 18.04.600 Manufactured home. "Manufactured home" means a structure, transportable in one or more sections from its manufacturer, retailer, or wholesaler, to its destination. A manufactured home is designed primarily for residential occupancy by human beings and the term includes mobile home or modular home. This definition does not include a recreational vehicle as defined by Section 18.04.780. 18.04.630 Mobile home. "Mobile home" shall mean a factory constructed residential unit with its own independent sanitary ------------------- Ordinance No. 4350 Page 3 May 11, 1989 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 facilities, that is intended for year round occupancy, and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under license or by special permit. This definition does not include a recreational vehicle as defined by Section 18.04.780. 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. "Recreational vehicle", "camping trailer", "travel trailer", "motor home", and "truck camper" mean vehicular -type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motive power, being of such size or weight as not to require a special highway movement permit and is licensed by the state as a recreational vehicle. 18.20.050 Supplemental development standards. H. Recreational vehicles being used as living units within existing parks shall be allowed to remain within the park until the recreational vehicle leaves the park for a period which exceeds 90 days in any one calendar year. In such case the vacated recreational vehicle space shall not be reoccupied except by a use permitted by the R-MHP zone. The park owner shall be responsible for maintaining accurate records to ensure compliance with this requirement. The records shall be made available to the Building Official upon request The park owner may be allowed to redistribute an existing recreation vehicles within the park to other existing vacant recreational vehicle spaces within the park, in order to facilitate the combining of vacant recreational vehicle spaces to be used as manufactured home sites. ------------------- Ordinance No. 4350 Page 4 May 11, 1989 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The City's Building Official shall inventory the existing recreational vehicles which will consist of the model, license number or other identification feature of each recreational vehicle. This shall be the official registration of those recreational vehicles which are allowed in the park. Any recreational vehicles not identified on the registration list will have to be removed immediately. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED• �/J - Y9 PASSED • J'�,, ' n APPROVED:- �5 ATTEST: Robin Wohlhueter, City Clerk ------------------- Ordinance No. 4350 Page 5 May 11, 1989 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPROVED AS TO FORM: ,-- a^ — . �Ao , Lic Y , " a .. Y —. Marguerite Schellen rager, City Attorney PUBLISHED: cV ------------------- Ordinance No. 4350 Page 6 May 11, 1989 *STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 4350 of the ordinances of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4350 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the the 15th day of May A.D., 1989. I further certify that said Ordinance No. 4350 was published as provided by law in the Valley Daily News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 21st day of May, A.D., 1989. Witness my hand and the official seal of the City of Auburn this July 14, 1989, A.D. Robin Woh hueter City Clerk City of Auburn