The city council finds recreational vehicles not regulated as
to parking and storing on private property do not enhance 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 have the
right of enjoyment of property and protection of property values,
knowing that constitutional rights are guaranteed to citizens owning
recreation vehicles; therefore, for these reasons, the regulations
of this chapter are deemed by the city council to be necessary.
(Ord. 537 § 2, 1988; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010)
in this chapter mean and include, but are not limited to,
the following specific vehicles:
is a general term applying to all manner of aircraft, whether
impelled by wind or mechanical devices, and which are designed for
recreational or vacation use. An aircraft when mounted upon a trailer
shall be considered one unit.
means a separate vehicle designed for human habitation and
which can be attached or detached from a pickup 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 pickup trucks are excluded from this definition.
means a type of trailer 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,
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.
means a motorized vehicle that has a truck or motor van chassis
primarily designed to provide temporary living quarters for travel,
camping, recreation and vacation use.
means a dirt bike, dune buggy, off-road vehicle (two-wheel,
three-wheel, four-wheel or tracked).
means a trailer without its own motive power, designed as
a temporary dwelling for travel, camping, recreation and vacation
use. This definition includes fifth wheelers.
means 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.
is a general term applying to all manner of watercraft, whether
impelled by wind, oars or mechanical devices, and which are designed
primarily for recreation or vacation use. A watercraft when mounted
upon a trailer shall be considered one unit.
(Ord. 537 § 2, 1988; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010; Ord. 1317 § 8, 2017)
The definitions regarding lands as applied to this chapter are:
means a lot at the intersection of two or more streets.
means a driveway approved by the city for the exclusive use
of an occupancy or guest, made of asphalt, concrete or other approved
material.
means boundary lines of a lot.
means boundary lines of a lot.
means any street, alley, pedestrian walkway, channel or bridge
which the public has a right to use.
means the area between the building line and the property
line or, when abutting a street, the ultimate right-of-way line.
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.
"Front yard" means that part of a lot between the front property
line and the front(s) of the principal building on the lot, and extended
to both side lot lines.
"Rear yard" means that part of a lot between the rear lot
line and the back(s) of the principal building on the lot, and extended
on both side lot lines.
"Side yard" means that part of a lot not surrounded by a
building and not in the front or rear yard.
(Ord. 537 § 2, 1988; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010)
The measurement of a recreational unit shall not exceed eight
feet six inches in width and twelve feet in height. The height includes
the trailer if a unit is mounted on the trailer. The maximum measurements
do not include side-mounted mirrors or roof-mounted equipment. Mirrors
shall not project more than one foot on either side of a recreational
vehicle. Roof-mounted equipment shall not exceed one foot four inches
above the roof of the recreational vehicle.
(Ord. 537 § 2, 1988; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010)
It is unlawful for any person to park or store any recreational
vehicle on private property in any residential or commercial zone
in the city, except in accordance with the following provisions and
permit approval:
A.
Within
an enclosed building, conforming to all provisions, restrictions and
regulations of the zoning and building codes of the city approved
by the architectural review commission;
B.
In rear
and side yards as follows:
1.
Recreational
vehicles measuring seven feet in height or less may be stored behind
a six-foot high opaque screening device.
2.
Recreational
vehicles measuring seven to twelve feet in height may be stored on
the property in accordance with the following provisions:
a.
The recreational vehicle is completely screened from adjacent property owners and the public right-of-way at time of storage. The requirement to screen one hundred percent of the height of the vehicle shall not apply to the area in front of the access gate, where the maximum height is restricted to six feet. Note: On corner lots, the street side yard shall comply with subsection C front yard and/or street side yard guidelines regarding parking recreational vehicles on private property.
b.
Not less than ten days prior to the date on which the decision will
be made on the application, the zoning administrator or designee shall
give notice of the proposed parking location by mail or delivery to
all owners shown on the last equalized assessment roll as owning real
property immediately adjacent the exterior boundaries of the property
of the proposed parking location. A copy of the notice shall also
be sent to the applicant. The notice shall inform its recipient that
no hearing shall be held prior to a decision on the application unless
requested by the recipient. If a hearing is requested the applicant
will be required to submit the necessary copies of original documents
to be reviewed by the architectural review commission. When a decision
is made by the architectural review commission, that decision may
be appealed to city council within the fifteen-day appeal period.
3.
No
recreational vehicle shall project beyond the immediately adjacent,
vertical plane of the front façade of the house or side façade
of the house if located on a street side corner lot.
4.
Recreational
vehicles shall not block any required emergency ingress or egress
(minimum three feet) to or from the residence.
5.
Opaque
screening devices to block the view from adjacent lots and streets
shall consist of a solid fence, wall, gate, door, consistently maintained
permanent shrubbery/hedge, or a combination thereof to the satisfaction
of the city landscape department. Landscaping or plantings in movable
pots are not defined as permanent and shall not be included in screening
proposals. Said fence, wall, gate or doors must comply with city zoning
codes; and
6.
Any
door or gate providing screening from adjacent lots or streets or
other public rights-of-way for any vehicle parked therein, shall be
kept closed when not in use.
(Ord. 537 § 2, 1988; Ord. 583 §§ 1, 2, 1989; Ord. 630 § 1, 1991; Ord. 915 § 1, 1999; Ord. 979 § 1, 2001; Ord.
1207 § 2, 2010)
A permit must be obtained in accordance with this section prior
to storing a recreational vehicle on private property.
A.
The department of community development may approve and issue a permit to park a vehicle in the side or rear yard whether in a designated driveway or other city-approved hard-surfaced area provided that an appropriate fence, wall, gate, door, landscaping or combination thereof is in accordance with subsections A, B or C of Section 8.40.050.
B.
The owner of the property must submit a site plan of the property illustrating the proposed parking location, photographs illustrating all sides of the recreational vehicle, along with dimensions that identify its width, length, height, and screening as defined in subsections A, B and C of 8.40.050. Property owners being members of a homeowners association must obtain the association's written approval prior to seeking the city's approval and a permit.
C.
Replacement
of the recreational vehicle with another recreational vehicle will
not require the approval and issuance of a new permit unless the replacement
recreational vehicle is larger than the recreational vehicle originally
permitted pursuant to this section. Any change of the originally approved
unit shall require an administrative recertification to ensure compliance
with original conditions. If the replacement vehicle is larger in
any dimension than the vehicle it replaces, a new application must
be filed and approved prior to parking the vehicle on site. Permits
shall expire upon transfer of ownership.
D.
Lawful
existing recreational vehicle parking locations and screening devices
on private property at the time of adoption of the ordinance codified
in this chapter, which do not comply with the requirements of this
chapter as amended, shall be deemed lawful nonconforming uses, and
shall be made to comply, be removed, or demolished upon transfer of
ownership of the property. The burden of proof of the approval of
these lawful nonconforming parking locations and/or screening devices
shall be placed on the property owner.
E.
The property owner with a lawful nonconforming RV storage location must submit a written request to the director of community development along with the necessary documents as stated in subsection B along with a copy of the current registration of the RV. The director may attach conditions to the approval requiring adequate screening. New property owners shall be required to adhere to the current zoning ordinance regarding recreational vehicle storage on private property.
F.
The
granting or denial of a permit pursuant to this subsection shall be
supported by the following findings:
1.
That
the proposed location of the recreational vehicle is in accord with
the objectives of this title;
2.
That
the proposed location of the recreational vehicle and the conditions
under which it shall be located or maintained will not be detrimental
to the public health, safety or welfare or be materially injurious
to the properties or improvements in the facility;
3.
That
the proposed location of the recreational vehicle complies with the
goals, objectives and policies of the city's general plan.
G.
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.
H.
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.
I.
No vehicle
shall be so parked as to interfere with a motorist's line of sight
when approaching intersections or when exiting a designated driveway.
(Ord. 1207 § 2, 2010; Ord. 1317 § 9, 2017)
Requests for exceptions to the above standards may be brought
before the Palm Desert architectural review commission. For an exception
to be approved, the architectural review commission must make a finding
that unusual circumstances exist which make the literal interpretation
and enforcement of the standards impractical or contrary to the purpose
of the ordinance codified in this section and that the exception shall
not result in damage to adjacent properties.
A.
RV Exception
Limitations.
1.
No
RV shall be granted an exception or permit for storage in the front
or street side yard.
2.
No
exception shall be granted that compromises emergency access.
3.
An
RV not meeting the height and width requirement shall not be granted
an exception.
4.
Evidence
must be submitted illustrating that there is exceptional or extraordinary
circumstances or conditions applicable to the property involved or
to the intended use of the property that do not apply generally to
other properties in the same zone.
(Ord. 1207 § 2, 2010)
A.
The parking and/or storage of recreational vehicles on private property are prohibited in the city, unless a permit is obtained as provided in subsection B of this section.
B.
Upon
receipt of a properly completed application, a parking permit shall
be issued to any individual who desires to park a recreational vehicle
on a private property in the city for a period of time not to exceed
seventy-two consecutive hours. Application for a permit shall be made
on a form provided by the city. If city offices are closed, the application
for the permit shall be made on the next day that the city offices
are open following the arrival of the applicant's recreational vehicle
in the city.
C.
No permit
fee shall be paid for the issuance of any permit or any extension
of any permit required by this section.
D.
One
extension of the permit may be granted, up to a maximum of seventy-two
hours. No more than one extension may be granted.
E.
No more
than six permits may be obtained during any calendar year for any
one property.
F.
No parking
permit will be required for the sole purpose of any person loading/unloading,
and/or cleaning a recreational vehicle within a consecutive twenty-four
hour time period.
(Ord. 1207 § 2, 2010; Ord. 1212 § 1, 2010)
The city council shall establish, by resolution, a reasonable permit fee to reimburse the city for staff time spent to process and issue permits under Section 8.40.050.
(Ord. 630 § 2, 1991; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010)
A.
No more
than one recreation vehicle may be parked or stored in the permissible
front yard area with a temporary parking permit.
B.
A vehicle
shall not be permanently connected to a sewer line, water line or
electricity except for temporarily charging batteries and to fill
the vehicle holding tank with a water line, or other similar temporary
purposes.
(Ord. 537 § 2, 1988; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010; Ord. 1212 § 2, 2010)
Any person who violates any provision of this chapter is deemed guilty of an infraction in accordance with Chapter 1.12 of this code. In addition, such violator's permit, issued pursuant to this chapter, may be revoked by the city council, following a noticed public hearing.
(Ord. 537 § 2, 1988; Ord. 630 § 3, 1991; Ord. 915 § 1, 1999; Ord. 1207 § 2, 2010)
