[HISTORY: Adopted by the Board of Trustees of the Village
of Horseheads 9-24-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
It is the intention of the Village Board of the Village of Horseheads
to maintain a clean, wholesome and attractive community and to guard
against the creation of nuisances and conditions which may endanger
the health, safety and welfare of Village residents, spread disease,
create fire hazards, reduce the value of property, interfere with
the use and enjoyment of adjoining properties, and interfere with
the comfort and well-being of the public.
Unless defined below, words and phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application. As
used herein, the following terms shall have the meanings indicated:
Any parcel, lot or tract of land in the Village of Horseheads.
Any portable weather-resistant container, receptacle, or
device of a type commonly used for the temporary storage of personal
property, household goods, wares or other materials, designed to be
used without a permanent foundation and located outside of an enclosed
building which complies with all building codes and land use regulations.
The term shall include, but not be limited to, trailers, shipping
containers, portable on-demand storage units (PODS), and store-and-move
units (SAMs). Such containers shall not be considered accessory structures.
Such containers shall not be designed for occupancy. The term "container"
shall not be construed to include roll-off containers, dumpsters,
and travel trailers or campers, or containers having a capacity of
less than 150 cubic feet.
A.
No container shall be kept or maintained in any residential zone
or on residentially utilized property without a current written permit
from the Village Code Enforcement Officer.
B.
Only one container may be placed on a property at any one time.
C.
Containers may only be placed in a driveway or parking area with
an impervious surface, and it will be placed at the furthest accessible
point from the street or, if access exists at the side or rear of
the property, in the side or rear yard.
D.
No container shall have a capacity of greater than 1,088 cubic feet,
nor dimensions greater than 16 feet in length, eight feet in width,
and 8 1/2 feet in height.
E.
One sign, no larger than six square feet, may be displayed on a container.
F.
No container shall be located closer than five feet to any side or
rear lot line. Containers shall be placed to comply with the front
yard setback for that zoning district.
A.
Every person, firm, corporation or legal entity who wishes to place
a container in any residential zone or on residentially utilized property
is required to obtain a permit therefor from the Code Enforcement
Officer. Obtaining said permit shall be the responsibility of the
person, firm, corporation or legal entity that owns or occupies the
property on which the container is to be placed. The application for
such permit shall be made on forms provided by the Code Enforcement
Officer. Each application shall state:
(1)
The name, address and phone number of the applicant, and of the owner
of the property on which the container will be placed, if not the
applicant;
(2)
If the applicant is an agent, the name, address and phone number
of the person, firm, corporation or legal entity that applicant represents;
(3)
The property within the Village where the applicant wishes to place
a container;
(4)
A detailed description of each container applied for, including each
container's height, width, cubic footage and length;
(5)
The location of each container, including a drawing or map of the
property showing the location of nearby buildings, driveways, sidewalks,
streets, alleys and other public ways;
(6)
The period of time each container shall remain in place;
(7)
Any other information as may be required by the Code Enforcement
Officer or Village Manager to properly and adequately review the application.
B.
Each application shall be accompanied by the required permit fee.
C.
The Code Enforcement Officer shall have the authority to reject any
application that presents, in his/her judgment, a dangerous or hazardous
condition or situation to any person or persons or to the public or
if a permit for which no fee was required was issued for the parcel
within the last 60 days. In rejecting any such application, the Code
Enforcement Officer shall state the reasons for the rejection.
D.
No permit shall be approved if two permits have been granted for
the same property within the last 365 days.
The following fees shall be required for permits issued under
this chapter:
|
Containers Placed
(number of days)
|
Fee
|
|---|---|
|
1 to 15 days
|
$0
|
|
16 to 30 days
|
$ 50
|
|
31 to 90 days
|
$150
|
|
Surcharge for any temporary storage container placed on public
property
|
$75
|
A.
Upon a finding that all requirements under this chapter have been
met, the Code Enforcement Officer may issue a permit to the applicant.
The Code Enforcement Officer shall have the authority to impose reasonable
conditions upon the placement, duration of placement, and/or use of
any container.
B.
Each permit
shall contain a statement that the applicant/owner authorizes Village
employees/agents to enter upon the property where the container is
or is to be placed to inspect the same and to remove the container
without notice to the applicant/owner in an event of public emergency.
The prohibitions contained herein shall not apply when:
A.
The container is placed by an agency of federal, state or local government;
B.
The container is placed on private property during the specific period
of time that a valid building or demolition permit remains in force
for construction or demolition, and the container is used solely for
the containment and disposal of materials resulting from such construction
or demolition.
A.
No container shall be placed in any public street, sidewalk, highway,
public place, or public way, or on property owned by the Village of
Horseheads without the written approval of the Village Manager. The
Village Manager shall have authority to impose such restrictions and
conditions on such placement as will, in the Manager's judgment,
reasonably protect the public street, highway, sidewalk, public place,
public way, or property and will not be unduly disruptive of the use
of the public property for its ordinary and customary usage.
B.
Any container placed, located or maintained on any public street,
sidewalk, highway, public place, or public way, or on property of
the Village without the written approval of the Village Manager or
outside of a period of time approved for such placement shall be deemed
abandoned and a hazard to the general public. The Village Manager
is authorized to cause impoundment of such container without notice
to the applicant/owner or occupier of the property and/or the owner
of the container. Such applicants/owners and/or occupiers shall be
jointly and severally liable to the Village for the sum of $250 for
each unit impounded and a storage fee of $45 per unit for each day
or part thereof the unit(s) is stored by the Village, together with
any and all costs of disposal of the container and/or the contents
thereof. The Village Manager shall have the authority to discard,
destroy or sell the container and/or contents at public auction.
A.
It shall be the obligation of the applicant/owner of the property
and of the container to secure it in a manner that does not endanger
the safety of the persons or property within the vicinity. In the
event that the container and/or its contents may become a danger to
persons or property, the Code Enforcement Officer may require its
immediate removal.
B.
Any container which is not removed at the end of the time for which
it may lawfully remain in place, or immediately upon the direction
of the Code Enforcement Officer for removal of a container for safety
reasons, may be removed by the Village immediately, without notice,
and the cost of such removal, together with the cost of administration
of its removal, may be assessed against the property on which the
container was located and may be filed as a lien against such property.
C.
All containers shall be maintained in good condition, free from evidence
of deterioration, weathering, discoloration, graffiti, rust, ripping,
tearing, or other holes or breaks, at all times. In the event that
the container fails to comply with this requirement, the Code Enforcement
Officer may require its immediate removal.
D.
No container shall be used to store biodegradable waste, food and
kitchen waste, household hazardous waste, solid waste, garbage or
illegal, toxic, or hazardous materials as defined by federal, state
or local rules, laws or regulations. Toxic or hazardous materials
shall include petroleum products, including fuels and waste oil, organic
solvents, and heavy metal sludges.
E.
All containers shall be subject to inspection by the Code Enforcement
Officer on an intermittent basis to insure compliance.
F.
The Board of Trustees may revise the fees and charges set herein
from time to time by resolution.
G.
The Board of Trustees reserves the right to waive the permit fee
for not-for-profit and charitable organizations.
H.
If site conditions prevent locating a container in conformity with
this chapter, application can be made to the Village Manager for a
variance. Any variance granted shall be the minimum variance necessary
to allow the placement of a container and at the same time achieve
maximum compliance with the intent of this chapter.
