[Adopted 2-4-2015 by L.L.
No. 1-2015]
The purpose of this article is to regulate the parking and storage
of recreational and commercial vehicles in all residential districts
and on properties used as residences, so as to promote safe vehicular
and pedestrian traffic, to preserve peace and good order, to preserve
the aesthetic beauty and residential character of the community, to
preserve and enhance the value of properties within the districts,
and to protect the health, safety, and general welfare of the citizens
of the Village of Spencerport.
This article is adopted pursuant to § 10 of the Municipal
Home Rule Law of the State of New York.
As used in this article, the following terms shall have the
meanings indicated:
ANCILLARY VEHICLE
Any type of trailer or similar equipment used for the transportation
of items of personal property, including but not limited to: all-terrain
vehicles, commercial equipment, snowmobiles, boats, personal watercraft
and/or recreational vehicles as hereinafter defined.
BOAT
A vessel capable of carrying one or more people and intended
for use on or in water.
COMMERCIAL VEHICLE
Any vehicle designed for or used in conjunction with any
business, trade, entity, or event other than residential use.
CONSTRUCTION VEHICLE
Any vehicle or equipment customarily used in the construction
trades, including but not limited to vehicles and equipment used for
excavating, moving of earth, or hauling of materials or vehicles.
DRIVEWAY
The private road giving access to an individual lot from
a public or private roadway. For the purposes of this section, a driveway
shall be limited to the area that is paved to give access to the lot.
If the driveway is not paved, the driveway shall be limited to the
area that is composed of the same material, i.e., stone, that is immediately
adjacent to the public or private roadway to which the driveway is
connected. For the purposes of this section, a driveway shall not
exceed a width of 26 feet.
PARK, PARKED, or PARKING
The standing of vehicles or equipment, whether occupied or
not, on public or private property outside of a building.
SETBACK
As defined in §
340-12B of the Village of Spencerport Zoning Code.
STORAGE
The parking of vehicles or equipment for a period in excess
of 10 days. The incidental movement of the vehicle or equipment on
or off the property shall not affect the calculation of the ten-day
time period.
YARD, FRONT
The area between the line of the principal structure on the
lot and the street line, bounded on both sides by the lot lines perpendicular
to the street. On lots abutting more than one street, the front yard
shall include the area between the lines of the principal structure
and all street lines, bounded on all sides by the lot lines perpendicular
to the streets.
YARD, REAR
The area between the line of the principal structure on a
lot and the rear lot line, provided that said area is not part of
a front or side yard.
YARD, SIDE
The area between the line of the principal structure on the
lot and the lot line perpendicular to the street, provided said area
is not part of a front yard.
The Zoning Board of Appeals may grant an exception to the provisions of this article by issuing a special permit in accordance with Chapter
340, Zoning, Article
IX, of the Code of the Village of Spencerport, to allow for relief from the requirements of §§
318-4C,
D and
E, and
318-5A. The Zoning Board of Appeals shall consider the terrain of the property of the applicant, the surrounding neighborhood conditions, and the effect on adjacent properties that may result from the parking of a recreational vehicle. Any relief granted by the Zoning Board of Appeals shall include mitigating measures that minimize the visibility of the vehicle by considering the location of the vehicle and the use of screening.
Any person who violates any provision of this article shall,
upon conviction thereof, be subject to a fine not exceeding $350 or
imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, subject to a fine not
less than $350 nor more than $700 or imprisonment for a period not
to exceed six months, or both; and, upon conviction for a third or
subsequent offense, all of which were committed within a period of
five years, subject to a fine not less than $700 nor more than $1,000
or imprisonment for a period not to exceed six months, or both. However,
for the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this article shall be deemed misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.