HomeMy WebLinkAboutOrdinance 2015-009 RV Parks Moratorium ORDINANCE NO. 2015-009
AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON,ADOPTING A MORATORIUM ON THE
ESTABLISHMENT OF RECREATIONAL VEHICLE PARKS AND THE
LICENSING AND PERMITTING THEREOF; DEFINING THE SAME;
PROVIDING FOR A PUBLIC HEARING; ESTABLISHING AN
EFFECTIVE DATE; AND PROVIDING THAT THE MORATORIUM,
UNLESS EXTENDED, WILL SUNSET WITHIN SIX(6) MONTHS OF
THE DATE OF ADOPTION.
WHEREAS, in conformity with the responsibilities of the City of Arlington to provide
for public health, safety and welfare requirements and zoning and land use regulations pursuant
to state law, and City's authority to regulate land use activity within its corporate limits, the City
has adopted regulations relating to recreational vehicle parks in the City of Arlington; and
WHEREAS, the City Council has become aware of heightened interest in this area; and
WHEREAS, a moratorium will provide the City with additional time to review and
amend its public health, safety and welfare requirements and zoning and land use regulations
related recreational vehicle parks to preserve and protect desired land uses in the City; and
WHEREAS, Washington State law, including Sections 35A.63.220 and36.70A.390 of
the Revised Code of Washington, (RCW) authorizes Washington cities to adopt moratoria and
provides for a process for a public hearing which must be held within sixty days of the dates of
the adoption of the moratorium; and
WHEREAS, the City Council concludes that the City does have that authority to
establish a moratorium and that the City must adopt a moratorium concerning the establishment
of recreational vehicle parks to act as a stop-gap measure: (a) to provide the City with an
opportunity to study the issues concerning the establishment of such establishments and prepare
appropriate revisions to the City's codes and regulations; (b)to protect the health, safety, and
welfare of the citizens of Arlington by avoiding and ameliorating negative impacts and
unintended consequences of said establishments and (c)to avoid applicants possibly establishing
vested rights contrary to and inconsistent with any revisions the City may make for its rules and
regulations as a result of the City's study of this matter; and
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying the
adoption of this ordinance; and
WHEREAS, the City Council finds that the moratorium imposed by this Ordinance is
necessary for the immediate preservation of the public peace,health or safety and for the
immediate support of city government and its existing public institutions;
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Ordinance No. 2015-009 1
Section 1. Findings. The recitals set forth above are hereby adopted as the Arlington City
Council's findings in support of the moratorium imposed by this ordinance.
Section 2. Moratorium Established. A moratorium is imposed on the establishment
within the City of any new recreational vehicle parks or similar uses. No building permits,
occupancy permits, business license, development permits or approval or any other city-issued
license or permit shall be issued for any of the purposes or activities related to the establishment
of recreational vehicle parks.
Section 3. Term of Moratorium. The moratorium imposed by this ordinance shall become
effective on the date hereof and shall continue in effect for an initial period not to exceed six
months, unless repealed, extended or modified by the City Council after subsequent public
hearing(s) and entry of appropriate findings of fact,pursuant to RCW 36.70A.390, provided that
the moratorium shall automatically expire upon the effective date of the adoption by the City
Council of additional public health, safety and welfare requirements and zoning and land use
regulations to address regulation of the establishment of recreational vehicle parks in the City of
Arlington.
Section 4. Definitions. For purposes of this ordinance, the term "Recreational vehicle
park" shall include any recreational park or other site designed for occupancy by three (3) or
more recreational vehicles, travel trailers, or similar units.
Section 5. Referral to Staff and Planning Commission. The Arlington Community
Development Director is hereby authorized and directed to develop draft regulations regarding
recreational vehicle parks. The regulations shall be referred to the Arlington Planning
Commission for review and recommendation for inclusion in the zoning and/or other ordinances
of the City of Arlington.
Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, a
copy of this interim ordinance shall be transmitted to the Washington State Department of
Commerce.
Section 7. Severability. if any section, sentence, clause or phrase of this ordinance should
be held to be unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 8. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect immediately upon passage by a
majority vote plus one of the whole membership of the Council, and that the same is not subject
to a referendum (RCW 35A.12.130). Without an immediate moratorium on the City's acceptance
of development applications for the establishment recreational vehicle parks, said establishments
could locate and develop in a manner incompatible with the codes eventually adopted by the
City. Therefore, the moratorium must be imposed as an emergency measure to protect the public
health, safety, and welfare.
Ordinance No. 2015-009 2
Section 9. Public Hearing. As required by RCW 36.70A.390, a public hearing shall be
scheduled for 7:00 p.m. on June 1, 2015, within sixty(60) days of the date of this ordinance, to
hear and consider the comments and testimony of those wishing to speak at such public hearing
regarding the moratorium.
Section 10. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 11. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage as long as it is approved by a majority plus one of the entire
membership of the City Council, as required by RCW 35A.12.130; provided, however, that
unless extended by act of the City Council, this ordinance shall automatically expire six (6)
months following its adoption.
PASSED BY the City Council and APPROVED by the Mayor this 4th day of May, 2015.
CITY OF ARLINGTON:
{ 52 �
Barbara Tolbert, Mayor
ATTEST:
Roxanne Guenzler, Deputy City Clerk
APPROVED AS TO FORM:
Ste n c f , City Attorney
Ordinance No. 2015-009 3
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2015-
009 was approved at the May 4, 2015 City Council meeting.
ORDINANCE NO. 2015-009
"AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON, ADOPTING A MORATORIUM ON THE
ESTABLISHMENT OF RECREATIONAL VEHICLE PARKS AND
THE LICENSING AND PERMITTING THEREOF; DEFINING THE
SAME; PROVIDING FOR A PUBLIC HEARING; ESTABLISHING AN
EFFECTIVE DATE; AND PROVIDING THAT THE MORATORIUM,
UNLESS EXTENDED, WILL SUNSET WITHIN SIX (6) MONTHS OF
THE DATE OF ADOPTION."
A true and correct copy of the original ordinance is attached.
Dated this 121h day of May, 2015.
s y Kristin anfield
City Clerk for the City of Arlington