[HISTORY: Adopted by the Board of Trustees
of the Village of Hamburg 6-15-1998 by L.L. No. 3-1998. Amendments noted where
applicable.]
For the purpose of this chapter, the terms used
herein are defined as follows:
A vessel capable of carrying one or more people and intended
for use on or in water.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A motorized or nonmotorized, self-propelled vehicle containing
sleeping and other facilities for habitation.
Repair for compensation in cash, kind or other property or
service.
Storage for compensation in cash, kind or other property
or service.
Any vehicle used in connection with any business or trade,
with the exception of the automobile of a salesperson, professional
person or the like.
A commercial vehicle customarily used in the construction
trades, including but not limited to vehicles used for excavation
and moving of earth and vehicles used for hauling of construction
materials.
See "trailer, utility."
A building designed or used as the living quarters for one
or more families, other than a tourist home, tourist court, motel,
hotel or rooming house.
One or more persons related by blood, adoption or marriage
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit.
A parcel of land at the junction of and fronting on two or
more intersecting streets. Where a parcel of land fronts on more than
one street, all portions of the yard fronting on any such street shall
be considered to be front yard and all other yards shall be considered
to be side yards.
A structure mounted on axles and wheels containing living
facilities and which may be towed by automobile or truck from place
to place. Such structure will be considered a mobile home for purposes
of this chapter, whether or not the wheels and axles are still in
place.
An unclosed vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground.
The standing of a vehicle, whether occupied or not, on public
or private property.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Burden of proof is on the business owner or homeowner.
See "camper."
Restore to sound or good condition; alter or improve the
appearance or internal operation of a vehicle.
A detachable trailer for hauling freight, having its forward
end supported by the rear of its truck tractor when attached.
The location of autos or auto equipment on a lot without
the means of mobility for a period in excess of 72 hours.
Parking, servicing or repair of a vehicle, boat, camper,
camper trailer, mobile home, house trailer or commercial vehicle for
a duration less than 24 consecutive hours in the same or proximate
location.
A short truck with a body containing only a cab for the driver,
used to haul detachable trailers.
A combination trucking unit consisting of a tractor and trailer
or semitrailer.
A vehicle drawn or towed by another vehicle, except motorcycle
sidecars.
A trailer intended for the purpose of moving boats from place
to place.
A trailer containing sleeping and other facilities, the outside
walls of which are partially collapsible into the body of the trailer
to facilitate towing.
Any portable or mobile vehicle used or designed to be used
for living purposes and with its wheels, rollers or skids in place.
A trailer generally used for the hauling of miscellaneous
household and yard materials.
Any vehicle without current and valid registration of valid
license plates affixed to the vehicle.
All of the foregoing vessels, vehicles, structures and trailers
and also including every device in, upon or by which any person or
property is or may be transported or drawn upon a highway.
The Village of Hamburg.
An open unoccupied space on the same lot with the building
between the front line of the building and the front fine of the lot
extending the full width of the lot.
An open unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
extending the full width of the lot.
[Amended 5-6-2013 by L.L. No. 2-2013]
A.
No boat, trailer, camper, motor home, mobile home or recreational
vehicle having an overall length greater than 24 feet shall be stored
outside any place in the Village on public or private property without
first obtaining a permit. Storage, for the purposes of this section,
shall be defined as remaining on the premises for a period of time
greater than 120 hours. A boat, trailer, camper, motor home, mobile
home or recreational vehicle exceeding 24 feet in length may be temporarily
parked on private property without a permit for a period of time not
to exceed 120 hours, so long as the boat, trailer, camper, motor home,
mobile home or recreational vehicle does not impede pedestrian and/or
vehicular traffic and the parking of said vehicle complies with all
other applicable regulations set forth in this Code.
B.
Subject to obtaining a permit, a boat, trailer, camper, motor home,
mobile home or recreational vehicle having an overall length greater
than 24 feet may be parked or stored on private property, subject
to the following regulations:
(1)
The boat, trailer, camper, motor home, mobile home or recreational
vehicle must belong to the owner or occupant of the premises upon
which it is being parked or stored.
(2)
Only one of the aforementioned vehicles may be parked or stored on
any lot containing a dwelling unit.
(3)
The storage or parking of any of the aforementioned vehicles on the
premises longer than 180 days must be in the rear yard, or in the
side yard of a corner lot, of any property containing a building.
The 180 days shall commence on the date immediately following the
date the permit is granted.
(4)
The storage of any of the aforementioned vehicles shall not preempt
the use of space needed for off-street parking of other vehicles on
the premises, as may be required by the parking requirements of this
Code,[1] and any parking or storage of any of the aforementioned
vehicles must be in full compliance with all applicable sections of
this Code.[2]
(5)
None of the aforementioned vehicles shall be used for any residential
purpose or temporary habitation.
(6)
There shall be no restriction on the aforementioned vehicles if the
entire vehicle is parked or stored within an enclosed garage, shed
or barn.
[Added 5-6-2013 by L.L. No. 2-2013[1]]
A.
An application for a permit for the parking or outside storage of
any boat, trailer, camper, motor home, mobile home and/or recreational
vehicle shall be made to the Planning Commission. Application for
said permit, along with the nonrefundable application fee, will be
filed with the Village Clerk. Upon receipt of the application and
the nonrefundable application fee, the Village Clerk shall place the
application on the agenda for the next available Planning Commission
meeting. In addition, the Village Clerk shall provide a minimum of
10 days' written notice, via certified mailing, of such meeting
to all resident home owners living within 100 feet of the outer extremities
of the applicant's property.
B.
The Planning Commission may grant or deny the permit upon hearing
the applicant and all interested parties at its meeting. The Planning
Commission may also consider any written submissions in favor of or
against the permit application. The Planning Commission may grant
the permit subject to conditions in addition to those conditions set
forth in this section.
C.
When evaluating a permit application, the Planning Commission shall
consider the following:
(1)
Whether or not the proposed location is hazardous or creates safety
issues including, but not limited to, the obstruction of necessary
sight lines for the residents of the property, the neighbors, and/or
the general public.
(2)
Mitigation of any hazardous condition or safety issue.
(3)
Visibility of the boat, trailer, camper, motor home, mobile home
and/or recreational vehicle to the neighbors and general public at
the proposed storage site. The more visible it is, the less preferable
the site is and, in particular, when the storage will last longer
than 180 days.
(4)
Less preferable sites may require screening.
(5)
Side yard and rear yard setback requirements, where practical, in
determining an appropriate storage location.
D.
Permits shall be granted for a term not to exceed one year. Permits
are subject to review and revocation at any time should the Board
of Trustees or the Planning Commission receive a complaint regarding
the applicant's storage of the boat, trailer, camper, motor home,
mobile home and/or recreational vehicle.
E.
Permits must be renewed each year by submitting a renewal application
and a nonrefundable application fee to the Village Clerk. A renewal
of an existing permit may be granted by the Planning Commission without
a mailing or hearing should the Planning Commission determine, in
its discretion, that no mailing and/or hearing is required.
A.
No utility trailer, commonly called a "dumpster,"
shall be parked or stored on any public street at any time. Such utility
trailer or dumpster may be parked or stored outside on private property
only during such time that construction activity is in progress at
the premises on which the utility trailer or dumpster is parked or
stored.
B.
No commercial vehicle of any type nor any tractor,
tractor-trailer, semitrailer or construction vehicle of any type shall
be stored outside on any private or public property in the Village
except those used by the homeowner for personal transportation.
C.
No commercial vehicle of any type nor any tractor,
tractor-trailer, semitrailer or construction vehicle of any type shall
be parked outside on any public or private property in the Village
unless temporarily in connection with a bona fide commercial service,
sales or delivery visit to such property.
No vehicle, as defined in this chapter, shall
be parked or stored outside in a residence district on any privately
owned vacant property held in single and separate ownership.
The outside storage of unlicensed, inoperative
and/or discarded vehicles on privately owned property within the Village
of Hamburg is a source of annoyance to residents and to owners and
occupants of adjacent land. The outdoor storage of such vehicles is
unsightly and constitutes an attractive nuisance to children and a
peril to their safety. The purpose of this section is the preservation
of peace and good order, the protection of public health and property
and the prevention of fires and explosion.
A.
No unlicensed, inoperative or discarded vehicles,
except as may otherwise be permitted in this chapter, shall be parked
or stored outside on any public or private property in the Village.
A.
Any duly authorized police officer, designated official
or employee of the Village of Hamburg may, by service of a summons
or appearance ticket, require the owner, occupant or person having
charge of the property on which a violation of this chapter exists
to appear before the Village Justice of the Village of Hamburg.
B.
In addition to any other penalty which may be imposed
pursuant to law, the Village Justice shall be empowered to direct
that any vehicle or vehicles be removed and the violation corrected
within 15 days from the return date of the summons or appearance ticket.
C.
In the event that the violation is not removed or
corrected within such time as shall be provided by the Village Justice
Court, the Village Board of Trustees may, pursuant to law, order its
authorized agent to perform such work as shall be necessary to remove
or correct the violation and assess the costs thereof against the
land, to be a lien against the property and to be collected as taxes.
D.
Any vehicle removed from the property may be declared
as abandoned property by the Board of Trustees and disposed of pursuant
to law. This remedy shall be in addition to any other penalty which
may be imposed or provided by law.
