3701-26-07 Density.

(A) Except as otherwise provided in paragraph (J) of this rule, each recreational vehicle or portable camping unit in a recreational vehicle park, recreation camp, combined park-camp or temporary park-camp shall be placed upon the site so as to provide not less than fifteen feet distance between the side of any recreational vehicle and the side of any other recreational vehicle or portable camping units located on an adjacent site. There shall be ten feet distance between the end of any recreational vehicle and any other recreational vehicle or portable camping units located on an adjacent site, and ten feet distance between portable camping units on adjacent sites. Recreational vehicles or portable camping units located on the same site shall maintain a distance of at least five feet.

(B) Each recreational vehicle or portable camping unit in a park or camp shall be placed upon the site so as to provide not less than fifteen feet distance from any building, public roadway, street, alley and any right-of-way designated for vehicular traffic as specified by the Ohio department of transportation or other local jurisdiction, and not less than seven and one-half feet distance from the park or camp property line.

(C) In computing the separation distances required by paragraphs (A) and (B) of this rule, the width of the recreational vehicle or portable camping unit includes any structure adjoining the vehicle or unit. An awning or similar structure which is partially supported by the vehicle or unit is not included in computing the width if the awning or structure is open on at least two complete sides.

(D) A recreational vehicle placed upon a site which is located within a one hundred year flood plain is subject to the flood plain management criteria established by the community with jurisdiction which is participating in the "National Flood Insurance Program."

(E) As of February 7, 1998, each existing permanently placed recreational vehicle in a recreational vehicle park or combined park-camp is not required to comply with paragraphs (A) and (B) of this rule unless the recreational vehicle is removed from the site. A replacement recreational vehicle must comply with paragraphs (A) and (B) of this rule. The operator of the park or camp shall assure that an existing permanently placed recreational vehicle that is not in compliance with the minimum spacing requirements of paragraphs (A) and (B) of this rule, pursuant to this paragraph, is not expanded, enlarged or otherwise extended in a manner that increases the noncompliance. As used in this rule, "permanently placed" means a recreational vehicle that cannot be easily moved without removing blocking, foundations or other supporting and anchoring materials.

(F) No freestanding auxiliary building shall be placed within five feet of any occupied recreational vehicle or portable camping unit other than the recreational vehicle or portable camping unit occupied by the owner of the freestanding auxiliary building.

(G) The licensee shall be responsible for defining site boundaries, requiring proper placement of the recreational vehicles or portable camping units and shall ensure that the occupancy of the park or camp does not exceed its licensed capacity.

(H) The density requirements for temporary park-camps, where open fires are prohibited by the operator, shall be determined by the licensor. The licensor shall request and consider recommendations from the local fire authority with jurisdiction.

(I) Within twelve months of the effective date of this rule, each site shall be marked so as to be readily identifiable and easily readable from the park or camp road. Each site shall be identified in numerals, letters or combination thereof in sequential order of at least two inches in size. In the case of temporary park-camps, site markings shall be determined by the licensor.

(J) Except in the case of a permanently placed recreational vehicle, the owner of a recreational vehicle park or park-camp that was in existence and licensed on February 7, 1998 and was constructed such that there cannot be fifteen feet distance between the sides of recreational vehicles or portable camping units, may apply to the licensor for a waiver from the side-to-side distance requirements for those existing sites. The licensor shall not grant the waiver unless:

(1) The applicant applies to the licensor in writing, specifying the location of the existing sites;

(2) The applicant demonstrates that all other reasonable alternatives for compliance have been investigated, considered and determined to be unreasonable;

(3) The applicant demonstrates that there will be unnecessary hardship in complying with the rule provisions; and

(4) The proposed waiver will not adversely affect public health or safety nor defeat the spirit and general intent of Chapter 3701-26 of the Administrative Code or sections 3729.01 to 3729.13 of the Revised Code.

(K) As of the effective date of this rule:

(1) No more than two manufactured homes or mobile homes are permitted in a newly constructed recreational vehicle park, recreation camp or combined park-camp. Such homes shall be for the exclusive use of the licensee and shall not be included in the total number of licensed sites in the park or camp.

(2) Within one year, the licensor shall survey all existing recreational vehicle parks, recreation camps and combined park-camps and document all manufactured homes or mobile home within the parks or camps.

(3) Except as provided in paragraph (K)(1) of this rule, any manufactured home or mobile home in an existing recreational vehicle park, recreation camp or combined park-camp can remain in the park or camp as long as the site is maintained in compliance with Chapter 3701-26 of the Administrative Code. If a manufactured home or mobile home located in an existing recreational vehicle park, recreation camp or combined park-camp is removed from the park or camp, another manufactured home or mobile home cannot be replaced on the site.

Replaces: 3701-26-55

R.C. 119.032 review dates: 03/05/2013 and 11/15/2014
Promulgated Under: 119.03
Statutory Authority: 3729.02
Rule Amplifies: 3729.02
Prior Effective Dates: 7/1/1965, 1/01/72, 4/03/80, 5/24/92, 3/22/97, 2/07/98, 5/01/07