| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
Recreational Vehicle Task Force
SummaryMany residents have complained about the appearance of recreational vehicles (campers, motor homes, boats, snowmobiles, etc.) parked in the city. The owners of those vehicles saw a right being taken away from them. Alderman Berg was a member of the task force that studied the problem, held public hearings, balanced the two group's rights and sent recommendations to the council.
The following ordinance was adopted by the Common Council. See: Minutes of July 15, 2003
Some key points are:
The regulations are largely what was recommended by the task force after months of study and public hearings. This was not the result of a single crazed bureaucrat running amok. A summary of the task force report is at the end of this page.
Part II.8.e specifies a "tarp or material must be an earthen tone" This was not part of the task force recommendation but was added by the Legislative Committee at the insistence of Alderman Mahkorn. The intent was that bright blue, orange, etc. tarp would actually make the RV more visible, running counter to the intent of the ordinance.
There is a "grandfather clause" for RVs currently parked in a location banned by this ordinance. Once the residents move, the new owners cannot use the RV parking spot.
Property deed restrictions are not a solution to this problem. Such a restriction typically has a time limit of 20 years. Thus, people who bought a home knowing there was a deed restriction banning RV parking in their neigborhood, and becoming used to the lack of RVs in their neighborhood, would eventually lose that look. It is exceptionally difficult to renew such restrictions since literally every single landowner in the neigborhood must agree to extending the restriction. A city ordinance preserving this restriction must be applied equally to all homes in the city, thus extending to homes not previously under such a restriction.
At the task force meetings, the full range of opinions from a total ban to no regulation at all was represented. No matter what the outcome, someone would be unhappy. This Council believes this ordinance is a reasonable compromise balancing many competing interests.
Ordinance No. 1923-03 by the Legislative Committee
AN ORDINANCE AMENDING SECTION 15.04.480 D. 7.
AND
CREATING SECTION 15.04.480 D. 9. RELATING TO THE STORAGE OF RECREATIONAL VEHICLES
The Common Council of the City of Brookfield do ordain as follows:
Part I. Section 15.04.480 D. 7. of the Municipal Code is hereby amended to read as follows:
7. Storage of automobiles, and other motor vehicles, except recreational vehicles, shall be limited to the garage and driveway areas of residential properties.
Part II. Section 15.04.480 D.9. of the Municipal Code of the City of Brookfield is hereby created to read as follows:
8. Recreational Vehicles.
a. Definitions.
1) Class A Motor Home: Largest and most luxurious of the motorized recreational vehicles. Entirely constructed on a bare, specially designed motor vehicle chassis; this unit includes all of the amenities and varies in size from 21 to 40 feet in length.
2) Class B Motor Home: A van exceeding 21 feet in length that has been customized to include temporary sleeping, eating, and bathroom facilities.
3) Class C Motor Home: Referred to as a mini-motor home. This unit is built on a van frame with an attached cab section; the unit varies in size from 20- 28 feet.
4) Fifth-Wheel Trailer: The unit is affixed and towed by a pickup equipped with special hitch in the truck bed; the unit varies in size from 21-40 feet.
5) Travel Trailer: The unit is designed to be towed by a car, van, or pickup by means of a bumper or frame hitch; the unit varies in size from 12-35 feet.
6) Folding Tent Camper: Lightweight unit with sides that collapse for towing and storage. The unit is also commonly referred to as a “pop up camper;” the unit’s size is approximately 15’.
7) Truck Camper: A unit loaded onto the bed or chassis of a pickup; the unit varies in size from18-21 feet.
8) Small Boat: A boat that typically will fit into a garage stall. The unit is no larger than 18 feet in length, 7 feet in height, and 10 feet in width.
9) Large Boat: Any boat that exceeds the size standards set forth in the small boat definition.
10) Utility Trailer: A trailer with a bottom that is not larger than 8’X5’.
11) Large Trailer: Any trailer in excess of “utility trailer” as defined previously.
12) Large Enclosed Utility Trailer: An enclosed trailer pulled by a van, car, or pickup truck; it is larger than 5’X8’ and higher than 3’.
b. Compliance Requirements. Except as provided in Section 17.136.090, no recreational vehicles shall be parked on residential property unless the following conditions are satisfied:
1) Folding tent campers (Minor): Storage and parking of folding tent campers is permissible on the driveway more than 20’ from the right of way (ROW) or in the side yard adjacent to the garage more than 5’ from the property line. If parked on the driveway only between April 1 and October 31, no screening is required.
2) Small Utility Trailer ?5’x8’ (Minor): Storage and parking of a small utility trailer is permissible in the driveway more than 20’ from the ROW, in the side yard adjacent to the garage more than 5’ from the property line, or in the rear yard more than 5’ from the property line. If parked on the driveway only between May 1 and November 30, no screening is required.
3) Off Road Vehicle Trailer (Minor): Storage and parking of off road vehicle trailers is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
4) Boat ?18’ (Minor): Storage and parking of a boat ? 18’ is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
5) Boat > 18’ (Major): Storage and parking of a boat > 18’ is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
6) Truck Camper (Minor): Storage and parking of a truck camper is permissible in the side yard adjacent to the garage more 5’ from the property line.
7) 5th Wheel Travel Trailer (Major): Storage and parking of a 5th wheel travel trailer is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
8) Travel Trailer (Major): Storage and parking of a travel trailer is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
9) Class A and Class C Motor Home (Major): Storage and parking of a Class A/Class C motor home is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
10) Class B Motor Home (Major): Class B motor homes that exceed 21’ in length are permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line. Class B motors < 21’ are considered conversion vans for the purpose of this ordinance.
11) Large Utility Trailer >5’x8’ (Major): Storage and parking of a large utility trailer >5’x8’ is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
2) Large Enclosed Utility Trailer > 5’x8’ and >3’ high (Major): Storage and parking of a large enclosed utility trailer is permissible in the side yard adjacent to the garage more than 5’ from the property line or in the rear yard more than 5’ from the property line.
c.) Non-Conforming Location Permit.
1) Residents of the City who own recreational vehicles on the date of adoption of this ordinance, and who currently store said vehicles at their residence within the City, but who are unable to comply with the requirements relating to location may be eligible for a location permit. The applicant must show the existence of one or more of the following conditions:
a) Significant manmade or natural topographical conditions are present that the city deems best undisturbed.
b) High quality or historically significant landscape elements would be adversely impacted or destroyed absent an adjustment to standards.
c) A spatial pattern of investment in the parcel would be jeopardized by requiring the parking of a recreational vehicle in compliance with all standards established in this subsection.
2) For the purpose of this code subsection, the argument of monetary impact cannot be the sole reason for modification to the parking and storage requirements.
3) In addition, the applicant must provide the following information:
a) Documentary evidence which establishes that said applicant owned the recreational vehicle prior to the date of adoption of the recreational vehicle ordinance.
b) The non-conforming location permit must be applied for within 18 months of the date of adoption of the recreational vehicle ordinance.
c) The non-conforming location permit shall apply to the current property owner only, and the permit becomes invalid when the property exchanges hands. New property owners do not retain the ability to receive a non-conforming permit— new property owners must comply with the recommended requirements for the storage of recreational vehicles on the subject property. Current recreational vehicle owners retain the ability to receive a new permit in cases where the owner purchases a different recreational vehicle—provided the new vehicle falls under the non-conforming location permit requirements. Furthermore, property owners can only receive one non-conforming location permit for one recreational vehicle.
4) The one-time fee for said permit shall be fifty dollars ($50.00).
d.) Screening. Unless parked for purposes of loading or unloading, or as otherwise provided by this code, all Recreational vehicles, whether parked in a conforming location or location by permit, must provide screening to the height of the vehicle or 6 feet, whichever is less. Screening shall be in the form of trees or bushes that provide year-round opacity, and shall be placed along the sides of the vehicle facing all interior property lines.
e) Covering of Vehicles. In the event a tarp or other material is used to cover the vehicle the color of said tarp or material must be an earthen tone.
f) Number of Vehicles. No more than three (3) recreational vehicles are permissible on residential property. The three (3) recreational vehicles allowed can consist of any combination, provided the combination does not exceed one major vehicle as enumerated in this ordinance.
g) Loading and Unloading of Recreational Vehicles. Recreational vehicles may be parked in non-permitted locations, for the sole purpose of loading and unloading the said vehicle, for up to ten days. This provision is not meant to circumvent the intent of this code.
h) Residence of Owner. The parking of Recreational vehicles is allowed only on residential property by the legal residents of said property. All Recreational Vehicles parked on residential property within the City of Brookfield must be owned by the legal resident of said property. This applies to vehicles parked in conforming locations as well as those parked by permit. This does not apply to vehicles parked while loading or unloading pursuant to this code or pursuant to Section 17.136.090.
i) Appeals. An appeal of a decision related to the provisions of this section shall be to the Board of Appeals. All provisions of Chapter 17.12 shall apply to such appeals, except that the filing fee shall be one hundred fifty dollars ($150.00).
j) Landscaping and grading. The owner of any recreational vehicle which is parked without a permit shall comply with the location requirements, including any necessary grading and landscaping, within two (2) years from the date of the adoption of this ordinance.
PART III. All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED AND APPROVED ON July 15 , 2003
Kristine A. Schmidt, City Clerk
Jeff R. Speaker, Mayor
Published: July 24, 2003
City of Brookfield
Recreational Vehicle Task Force Final Report
General Background
Mayor Bloomberg created the Recreational Vehicle Task Force at the request of the Common Council. The Recreational Vehicle Task force was asked to determine if a problem existed with the current ordinances regarding recreational vehicles, and the Recreational Vehicle Task Force was charged with establishing an appropriate recommendation for such a problem. Accordingly, the mission of the Recreational Vehicle Task Force was to define the appropriate requirements for the outside storage of recreational vehicles on residential property in the City of Brookfield.
General Compliance Requirements
After extensive review, discussion, and public comment concerning recreational vehicle parking and storage in the City of Brookfield, Wisconsin, the Recreational Vehicle Task Force recommends the following regulations for the specified vehicle.
Non-Conformity Location Permit
The major problem with the proposed recreational vehicle storage and parking locations are that the current recreational vehicle owner possesses a lot that prevents compliance under the suggested guidelines.
To handle this situation, the Recreational Vehicle Task Force recommends that a non-conforming location permit be adopted. The non-conforming location permit reduces the requirements or needs of an exception process. The intent of the non-conforming location permit is to allow current recreational vehicle owners the opportunity to amortize their investment and continue to store a recreational vehicle in a non-conforming location under certain conditions. A basic rule for the recommended requirements is that compliance should be achieved.
However, a property owner is eligible for a non-conforming location permit under the following conditions:
The non-conforming location permit also requires three additional conditions:
New property owners do not retain the ability to receive a non-conforming permit?new property owners must comply with the recommended requirements for the storage of recreational vehicles on the said property. Current recreational vehicle owners retain the ability to receive a new permit in cases where the owner purchases a different recreational vehicle?provided the new vehicle falls under the non-conforming location permit requirements. Furthermore, property owners can only receive one non-conforming location permit.
Number of Recreational Vehicles
The Recreational Vehicle Task Force recommends that a total of four (4) recreational vehicles be permissible on residential property if they meet compliance requirements. The four (4) recreational vehicles allowed can consist of any combination, provided the combination does not exceed two major vehicles.
Loading and Unloading of Recreational Vehicles
The Recreational Vehicle Task Force recommends that recreational vehicles be permitted to park in non-permitted locations, for the sole purpose of loading and loading the said vehicle, for up ten days. This provision is not meant to circumvent the intent of the recommended regulations provided for in the previous sections.
Permit Fee
The Recreational Vehicle Task Force recommends that no fee be place on the non-conforming location permit. The Administrative Staff recommends this aspect be discussed and examined further by the Legislative Committee.
Clarification Points
The Recreational Vehicle Task Force recommends that proposed regulations apply to one and two family residential properties only. Commercial Properties must comply with plan and method operation. It is also important to note that the use of recreational vehicles as a place of residence is prohibited by the current municipal code. The storage and parking of recreational vehicles is also limited to the legal resident of the said property. Finally, as prescribed in the municipal code all applicants who perceive they have not received fair consideration may appeal to the Administrative Board of Appeals for a clarification or decision.