[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 6-29-1976 by L.L. No. 13-1976 (Ch. 123 of the 1976
Code); amended in its entirety 5-23-2022 by L.L. No. 2-2022. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The temporary placement of a recreational vehicle or trailer
for a continuous period of time not exceeding 72 hours. Continuity
of a single period shall not be considered broken or terminated unless
the recreational vehicle or trailer involved shall have been removed
from the property owner's premises for a period of at least 24
consecutive hours.
A motorized or nonmotorized vehicle which as manufactured
or as modified contains sleeping facilities for habitation, including
but not limited to camper vans, mobile homes and pickup campers.
The placement of a recreational vehicle or trailer at a given
location within the Village for a continuous period of time exceeding
72 hours.
A vehicle which as manufactured or as modified is to be towed
by another vehicle, including but not limited to a boat trailer, a
travel trailer, a recreational vehicle commonly referred to as a "fifth
wheel" and a utility trailer.
A.
There shall be no restriction on the parking or storage of a recreational
vehicle or a trailer if the entire vehicle is parked or stored within
an enclosed garage.
C.
Subject to § 329-3, the following prohibitions shall apply to the storage and off-street parking of recreational vehicles and trailers:
(1)
There shall be no outdoor storage of a recreational vehicle or trailer.
(2)
Recreational vehicles and trailers over 30 feet in length may not
be parked outdoors.
(3)
Recreational vehicles and trailers 30 feet in length or less may
be parked off-street under the following restrictions:
(a)
Recreational vehicles or trailers parked within a C or M-1 District may be parked in compliance with § 350-32 of the Village Code, "Location of open off street parking."
(b)
Recreational vehicles or trailers parked off-street in Village
zoning districts other than a C or M-1 District must be parked:
[2]
In such a manner so as not to restrict visibility of traffic
using any adjacent public street.
[3]
In such a manner so that its wheels are at all times blocked
or otherwise rendered immobile so as to prevent any movement while
it is in a stopped position.
[4]
If the recreational vehicle or trailer is parked between the
front building line and the street it must be parked upon an area
which is used for access to a garage or other permitted off-street
parking area. For example, there shall be no parking on a front lawn.
A.
Pursuant to Subsections B through G of this section, upon application of a property owner for permission to park or store a recreational vehicle or trailer owned by the property owner or resident of the property upon the property owner's property, exceptions to the regulations promulgated at § 329-2 relating to outdoor storage or parking of a recreational vehicle or trailer may be granted by the Village Board.
B.
All applications for an exception pursuant to this section shall
be submitted in writing to the Village Clerk, who shall promptly forward
the application to the Chair of the Planning Commission.
C.
The application shall include an appropriate diagram or surveyor's plan of the property involved clearly delineating why the vehicle cannot be stored within an enclosed garage or parked in compliance with § 329-2 and further delineating where the recreational vehicle or trailer would be parked or stored if the application were granted.
D.
Upon receipt of a complete application from the Village Clerk, the
Planning Commission shall set a time as soon as reasonably possible
to hear the application, but not sooner than 14 days in advance of
written notice of the date of the hearing which the Planning Commission
shall arrange to be provided to the applicant. The Planning Commission
shall also arrange to be provided to the applicant, at the time written
notice of hearing is provided, a form affidavit of mailing to be completed
by the applicant or resident of the property and returned to the Village
Clerk not later than one day before the hearing verifying that the
applicant or resident of the property, at least seven days before
the hearing, mailed a copy of the hearing notice and complete application
to the owners of all bordering properties, including bordering properties
with a different street name address, i.e., corner and back yard neighbors,
as shown by the records of the Town Assessor. A property separated
by a Village roadway, i.e., across the street, shall not be considered
a bordering property.
E.
At the time of the hearing, when considering whether the application
should be granted by the Village Board, the Planning Commission shall
take into consideration the following:
(1)
Whether the application of storage or parking restrictions set forth at § 329-2 would impose unnecessary, unavoidable and unreasonable hardship upon the applicant.
(2)
Whether the proposed location is hazardous including, but not limited
to, the obstruction of necessary sight lines for traffic, for the
residents of the property, for the neighbors, and/or for the general
public.
(3)
Conditions and restrictions to be imposed to mitigate any hazardous
condition or safety issue.
(4)
The detriment to nearby properties, including aesthetics, resulting
from the visibility of the recreational vehicle or trailer at the
proposed storage or parking site.
(5)
Mitigating conditions and restrictions such as required screening
which might be imposed.
(6)
Possible restrictions as to the permitted hours, days, or duration
of permitted storage or parking.
(7)
Alternative storage or parking locations which may address the applicant's
hardship and ameliorate hazardous conditions, safety issues and/or
the detriment to nearby properties.
F.
For good cause a hearing may be adjourned to or continued upon subsequent dates. Upon conclusion of the hearing before the Planning Commission, the Planning Commission shall promptly provide an advisory report to the Village Board of its recommended resolution of the application, together with the manner in which the Planning Commission applied criteria set forth in Subsection E in reaching its recommendation. If approval of the application is recommended, the Planning Commission may include recommended conditions and/or restrictions including restrictions as to the permitted hours, days or duration of permitted storage or parking in accord with its authority as set forth above.
G.
Upon receipt of the advisory report of the Planning Commission, the
Village Board may deny or grant the application with or without conditions,
and/or restrictions including restrictions as to the permitted hours,
days or duration of permitted storage or parking. The Village Clerk
shall provide the applicant at least one-day advance, verbal or written
notice of the meeting during which the Village Board will consider
the recommendation of the Planning Commission. The Village Clerk shall
arrange to provide written notice of the Village Board's determination
to the applicant and the Village Code Enforcement Officer.
H.
If an exception is granted, it shall be limited in its application
to the particular property owner, resident and recreational vehicle
or trailer for which the application was submitted.
I.
The seventy-two-hour restriction on parking set forth within the
above definition of "parking" shall be stayed while an application
for an exception is pending.
A.
No recreational vehicle shall be used for purposes of habitation
while parked or stored on an owner's property within the Village
of Lancaster.
B.
Other than recreational vehicles and trailers parked or stored in
an enclosed garage, no more than one recreational vehicle or trailer
may be parked or stored on the same parcel of private property within
the Village of Lancaster. For purposes of this section a trailer hitched
to a recreational vehicle shall be considered a single recreational
vehicle.
Whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations,
ordinances, deed restrictions or covenants, the most restrictive or
the higher standard shall govern.
