Section 702. Recreational Vehicle Parking and Storage in Residential Districts.
Section 702:00. Purpose. The City Council finds that the use and possession of recreational vehicles are an important factor in the lives of a substantial number of residents of the City of Owatonna. The City Council finds that improperly stored recreational vehicles can affect public health and safety, property values, and the reasonable use and enjoyment of neighboring properties. The City Council establishes these regulations as a means to balance the interests of the owners of recreational vehicles, adjacent residents and the public.
Section 702:05. Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning.
Subd. 1. 'Recreational vehicle" is a general term for any vehicular unit designed or used for recreational purposes and includes the following:
a. 'Camper trailer" means a folding or collapsible vehicular structure, without its own power, designed as a temporary living quarters for travel, camping, recreation, and vacation use, and eligible to be licensed or registered and insured for highway use.
b. 'Travel trailer" means a rigid vehicular structure, without its own power, designated as a temporary dwelling for travel, camping, recreation and vacation use, eligible to be licensed or registered and insured for highway use and which, when equipped for the road, has a body width of not more than 8 feet.
c. 'Truck camper" means a portable structure, without its own power, designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation and vacation use and which, in combination with the carrying vehicle, is eligible to be licensed or registered and insured for highway use.
d. 'Motor home" means a vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use, and which is eligible to be licensed or registered and insured for highway use.
e. 'Boat trailer" means a vehicle without its own power, designed to transport a recreational watercraft and which is eligible to be licensed or registered and insured for highway use. A recreational watercraft, when mounted upon a boat trailer, and its towing vehicle, when parked or stored, shall be considered one unit.
f. 'Utility trailer" means a vehicle, without its own power, designed or used for the transportation of automobiles, motorcycles, snowmobiles, ice fishing houses, horse or other livestock or all other types of motor vehicles, goods or materials, and which trailer is eligible to be licensed or registered and insured for highway use. Snowmobiles when mounted upon a snowmobile trailer, and its towing vehicle, when parked or stored, shall be considered one unit.
Subd. 2. 'Surfaced" means that the area intended to be utilized for parking space shall be surfaced with material suitable to control dust and drainage and includes concrete, asphalt, and crushed rock.
Subd. 3. The provisions of Ordinance No. 827, the Zoning Ordinance of the City of Owatonna, relating to definitions of terms are adopted and incorporated herein by reference to the extent not inconsistent with the definitions herein.
Section 702:10. Restrictions; Applicability; Exemptions.
Subd. 1. Recreational vehicles twenty-two (22) feet in length or less are exempt from the restrictions of Section 702:15, subd. 4.
Subd. 2. Recreational vehicles in excess of twenty-two (22) feet in length to and including forty (40) feet in length are subject to the restrictions of Section 702:15.
Subd. 3. Recreational vehicles in excess of forty (40) feet are not permitted within a residential district except as provided in Section 702:20 of this Ordinance.
Section 702:15. Restrictions, Parking and Storage. No recreational vehicle subject to the subdivision under Section 702:10 shall be parked or stored on a single lot in a residential district except as follows:
Subd. 1. Inside any enclosed structure which otherwise conforms to the zoning requirements of the particular district where located.
Subd. 2. Outside in the rear yard not within three (3) feet of any property line.
Subd. 3. Outside in the side yard nearest the location of the driveway, upon a surfaced parking space, not within three (3) feet of any property line. 'Side yard" does not include any portion of the front yard. No parking or storage of a recreational vehicle shall be permitted in a side yard adjacent to a public street.
Subd. 4. From April 1st through November 15th one (1) recreational vehicle may be parked outside, within the required front yard setback on a surfaced driveway or upon one (1) open, surfaced space located to the side of the driveway away from the principal use, provided:
a. Inside parking is not possible; and
b. The recreational vehicle is parked perpendicular to the front roadway and is parked at least fifteen (15) feet from the back of the curb; and
c. The recreational vehicle does not prevent persons from having a clear view of all traffic approaching an intersection, whether it is an intersection of two streets or the intersection of an alley with another alley or street, or traffic entering or departing from a driveway; and
d. No recreational vehicle shall be permitted within any yard area on a corner lot which will impede vision between a height of two and one-half (2-1/2) feet and eight (8) feet above the centerline grades of the intersecting streets within twenty (20) feet of the street intersecting right-of-way lines.
Subd. 5. From November 16th through March 30th a recreational vehicle is temporarily permitted in the front yard setback on a surfaced driveway or upon one (1) open surface space located to the side of the driveway away from the principal use for the purposes of loading or unloading or to accommodate guests visiting in a recreational vehicle, provided it is not parked for a period exceeding forty eight (48) hours in any consecutive seven (7) day period.
Subd. 6. Snowmobile trailers. The date restrictions set forth in Section 702:15, subd. 4 shall not apply to snowmobile trailers. During the winter season, one (1) snowmobile trailer may be parked outside, within the required front yard setback on a surfaced driveway or upon one open, surfaced space located to the side of the driveway away from the principal use, provided the conditions in Section 702:15, subd. 4 (a) (d) are met.
Subd. 7. Truck camper exception. A truck camper of the type defined in Minn. Stat. 168.011, subd. 25(d) and not registered as a recreational vehicle and used as the owner's passenger vehicle is not subject to the date restrictions set forth in Section 702:15, subd. 4.
Subd. 8. Such recreational vehicle shall have a current license and registration.
Subd. 9. Such recreational vehicle shall be in operable condition and shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area. No recreational vehicle which is in a state of visible external disrepair shall be parked or stored in a residential district.
Subd. 10. No more than two (2) recreational vehicles may be parked or stored on the premises in a residential district and no more than one (1) is permitted in the front yard setback as provided in Section 702:15, subd. 4.
Subd. 11. Neither the recreational vehicle nor any attachments thereto including hitches or other equipment may extend over the sidewalk or in any part of the public right-of-way.
Subd. 12. At no time shall such parked or stored recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes except as provided hereafter in subd. 12 of this section.
Subd. 13. It shall be lawful for only nonpaying guests at a residence in a residential district to occupy one recreational vehicle, parked or stored subject to the provisions of this section, for sleeping purposes only for a period not exceeding seventy two (72) consecutive hours. The total number of days during which a recreational vehicle may be occupied under this subsection shall not exceed fourteen (14) days in any calendar year.
Section 702:20. Variances for Recreational Vehicles.
Subd. 1. Variance System Established. The restrictions set out in Sections 702:10 and 702:15 are necessary for the peace, health, safety and welfare of the citizens of the City. It is recognized that there are so many kinds of recreational vehicles, and so many shapes and sizes of lots and land parcels within the City, that no matter what restrictions are placed upon their outdoor parking and storage, hardships will result to some owners of recreational vehicles and nuisances will result to some non-owners. In an attempt to avoid such hardships and nuisances, this variance system is established.
Subd. 2. Application. Any person desiring to locate a vehicle in a location not permitted by Sections 102:10 and 702:15 may file a petition for a variance with the Office of the City Administrator or his/her designee ('City Administrator") on a form provided by the City Administrator's Office. The applicant shall pay a non-refundable fee established from time to time by the City Council to cover administrative costs and costs of the hearing as set forth in Section 702:25 of this Code.
a. No variances shall be given or allowed for more than the number of vehicles allowed by Section 702:15, subd. 10.
b. A variance from the requirement in Section 702:15, subd. 4.b that the recreational vehicle be parked at least fifteen (15) feet from the back of the curb may be considered where the recreational vehicle can be parked not less than ten (10) feet from the back of the curb and all of the following conditions are met:
(1) The Recreational vehicle must be forty (40) feet or less in length;
(2) Access to parking in the rear-yard or side-yard is not available because of lot size only. If the rear yard access is caused by trees or fences or similar obstructions, the obstructions shall be eliminated or modified;
(3) The owners on both sides of the applicant's residence must give permission in writing. If owners later decide they have a visibility problem they will have the right to withdraw their permission and the permit would be revoked. If the adjoining property is owned by joint tenants, or tenants in common, all owners must sign the consent;
(4) Parking ten (10) feet from the curb shall not be allowed if the driveway is less than one hundred (100) feet from the corner of an intersection;
(5) Neither the recreational vehicle nor any attachments thereto including hitches or other equipment may extend over the sidewalk or in any part of the public right-of-way.
c. All other variances from the requirements of this Ordinance shall be decided by the Review Board as set forth in Section 702:25 of this Code.
Section 702: 25. Review Board; Hearing and Decision; Notice.
Subd. 1. Within thirty (30) days after the City Administrator determines that a variance petition is complete, and all required fees and information have been received, a Review Board consisting of the City Administrator, the Council member of the ward in which the applicant resides, and the Mayor shall conduct a public hearing and after hearing the oral testimony and written evidence of all interested persons, shall make its decision at the same meeting or at a specified future meeting. Any decision granting a variance may impose conditions which the Review Board deems necessary to ensure compliance, protect adjacent properties and promote the peace, health, safety and welfare of the citizens.
Subd. 2. Notice of variance hearings shall be mailed not less than ten (10) days before the date of the hearing to the person who filed the petition for variance and to each owner of property situated wholly or partially within three hundred fifty (350) feet of the property to which the variance relates insofar as the names and addresses of such owners can be reasonably determined by the City Administrator from current City records.
Section 702:30. Appeal. The applicant, any owners to whom notice of the hearing was given, or any member of the staff of the City, may appeal a decision of the Review Board to the Council, by filing a written notice of appeal with the City Administrator within ten (10) days after the date of the decision.
Section 702:35. Hearing by Council. The Council, at its next regular meeting after the appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall be given in the same manner as the hearing before the Review Board. At the hearing, all persons shall be heard who wish to be heard, in person or by a representative. At the hearing, or a specified future date, the Council shall make its decision. The Council's decision shall set forth its findings and reasons for granting or denying the variance, or the Council may adopt, as its own, the findings and reasons of the Review Board. On granting a variance, the Council may impose conditions to the same extent as the Review Board as set out in Section 702:25, subd. 1.
Section 702:40. Variance Not Transferable, Exception. Each variance shall be limited and restricted to the stated person, vehicle and property location and may not be transferred to any other person, or be used for any other vehicle or property location; provided, however, a variance may be transferred to another vehicle provided such vehicle is not longer, wider, taller or older than the vehicle for which the variance was initially granted.
Section 702:45. Revocation of Variance. Each variance granted may be revoked by the City for failure of the recipient to comply fully and continually with the stated conditions or for any violation of the provisions of this Ordinance.
Section 702:50. Penalty. It is a petty offense for any person to do any act forbidden or fail to perform any act required by Sections 702:00, et. seq. of this Code and the penalty shall be as provided in Section 700:55.