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Home My WebLink AboutORD 537ORDINANCE NO. 537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DELETING SECTION 10.16.100 AND 25.58.070 AND ADDING CHAPTER 8.40 REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1: That Sections 10.16.100 and 25.58.070 of the Palm Desert Municipal Code be and the same are hereby repealed. Section 2: That Chapter 8.40 be and the same is hereby added to the Palm Desert Municipal Code, to read as follows: Chapter 8: Recreational Vehicles on Private Property. 8.40.010 Purpose of Ordinance. The City Council finds recreational vehicles not regulated as to parking and storing on private property do not express the community's appearance and may interfere with the health, safety and welfare of the community. Further, the enhancement and preservation of the appearance of Palm Desert will not be successful unless greater concern is applied to the regulation of such vehicles; and The City Council In considering the concerns of citizens not owning recreational vehicles having the right of enjoyment of property and protection of property values, knowing that constitutional rights are guaranteed to citizens owning recreational vehicles, therefore, for these reasons, the regulations of this ordinance are deemed by City Council to be necessary. 8.40.020 Definition of Recreational Vehicles. "Recreational vehicles" in this ordinance includes, but Is not limited to the following specific vehicles: A) Aircraft = A general term applying to all manner of aircraft whether impelled by wind or mechanical devices and which is designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one (1) unit. ORDINANCE NO. 537 6) Camper = A separate vehicle designed for human habitation and which can be attached or detached from a pick up truck. When removed from the truck, campers are called unmounted campers. These campers are sometimes referred to as truck campers and overhead campers. Camper shells on pick up trucks are excluded from this definition. C) Camping Trailer = A type of tra i 1 er or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved. D) Motor Home = a truck or motor van chassis temporary living quarters for vacation use. A motorized vehicle that has primarily designed to provide travel, camping, recreation and E) Travel Trailer = A trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers. F) Utility Trailer = A trailer without its own motive power designed and or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. G) Watercraft = Is a general term applying to all manner of watercraft whether impelled by wind, oars or mechanical devices and which is designed primarily for recreational or vacation use. A watercraft when mounted upon a trailer, shall be considered one (1) unit. 8. 40 .030 Definitions Regarding Land. T h e d e f i n i t i o n regarding land as applied to this ordinance are: A) Corner Lot = A lot at the intersection or intersections of two (2) or more streets. 8) Designated Driveway = A driveway approved by the City for the exclusive use of an occupant or guest, made of asphalt, concrete or other approved material. -2- ORDINANCE NO. 537 C) Lot Line = Boundary lines of a lot. D) Property Line = Boundary lines of a lot. E) Public Right -of -Way = A n y s t r e e t, a I I e y, pedestrian walkway, channel, bridge, in which the public has a right to use. F) Set back area - Means the area between the building line and the property line or when abutting a street, the ultimate right-of-way line. G) Space not Available = Means where terrain prohibits parking the vehicle in the side or rear yard or substantial damage to existing large trees will occur if so located in a rear yard. H) Yard, Front - That part of lot between the front lot line and the front(s) of the principal building on the lot, and extended to both side lot lines. I) Yard, Rear - That part of a lot between the rear lot line and the back(s) of the principal building on the lot, and extended to both side lot lines. J) Yard, Side = That part of a 1 of not surrounded by a building and not in the front rear yard. 8.40.040 Measurement of Recreational Vehicles. T h e measurement of a recreational vehicle unit shall not exceed eight (8) feet in width and twelve (12) feet in height. The height includes the trailer if a unit is mounted on the trailer. 8.40.050 Permitted & Non Permitted Use of Recreational Vehicles. It is unlawful for any person to park or store any recreational vehicle on private property in any residential zone in the City of Palm Desert, except: 1. Within an enclosed building or carport conforming with all provisions, restrictions and regulations of the zoning codes and building codes of the City of Palm Desert. 2. In rear and side yards as follows: a) In the rear yard and if located in a side yard so long as no part of the vehicle projects beyond the front roof line of the house; and -3- ORDINANCE NO. 537 b) Be screened from adjacent lots and streets by a solid fence, wall, door or gate, which must be six (6) feet in height in accordance with the zoning codes of the City of Palm Desert, or screened by shrubbery or hedge, providing such plants produce effective screening with minimum height of six (6) feet at al-L times; and c) Any door or gate providing screening from adjacent lots or streets or other public right-of-way for any vehicle parked therein, shall be kept closed when not in use. 3. In front yards as follows: a) Where space is not available as defined in Section 8.40.030 (G) in either the side or rear yard and space shall be deemed available and vehicles shall not be parked in front of corner lots. The existence of a fence or wall shall not necessarily prevent the parking of a vehicle in a rear or side yard under this section; and b) The vehicle is parked in a designated driveway or other City approved hard surface area. The front five (5) feet of the front yard set back shall be landscaped as approved by the City to provide screening of the recreational vehicle; and c) The vehicle must not encroach into the public right-of-way and unless an exception is granted by the City, the vehicle shall be parked perpendicular to the public right-of-way; 4. Unmounted campers and shells because of the potential hazards they present to persons must be stored in a rear or side yard or enclosed structure. 5. No vehicle shall be so parked as to interfere with the motorist's line -of -sight when approaching intersections or when exiting a designated driveway. 8.40.060 General Conditions. 1. Where the parking or storing of recreational vehicles are permitted as provided in this ordinance, the vehicles shall not be used for living, sleeping or housing purposes. 2. No more than one(1) recreational vehicle may be parked or stored in the permissable front yard area. -4- .I - ORDINANCE NO. 537 5. A vehicle shall not be permanently connected to a sewer line, water line or electricity except for charging batter i es and other purposes, and to a water I i ne to f i I 1 the vehicle holding tank. 6. A person must comply with Chapter 8.32 of the Palm Desert Code pertaining to vehicle repairs. 8.40.070 Severabi i ity. Should any provision of th i s chapter be held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end, the provisions of this ordinance are declared severable. 8.40.080 Violation Constitutes an infraction. A n y person who violates any provisions of this chapter is deemed guilty of an infraction in accordance with Chapter 1.12 of the Palm Desert Code. Section 3: Publication. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once in the Palm Desert Post, a newspaper or general circulation, printed, published and circulated in the City of Palm Desert, and this ordinance shall be in full force and effect thirty (3) days after its adoption. PASSED, APPROVED, and ADOPTED this 26th. day of May, 1988, by the following vote: AYES: CRITES, SNYDER, WILSON, BENSON NOES: NONE ABSENT: KELLY ABSTAIN: NONE JEAN BENSON, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, TY CLERK CITY OF PALM DESER CALIFORNIA -5-