[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport as indicated in article histories. Amendments noted
where applicable.]
[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:
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.
A vessel capable of carrying one or more people and intended
for use on or in water.
Any vehicle designed for or used in conjunction with any
business, trade, entity, or event other than residential use.
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.
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.
The standing of vehicles or equipment, whether occupied or
not, on public or private property outside of a building.
A motor home, or a camp trailer, pickup camper, or pop-up
camp trailer.
As defined in § 340-12B of the Village of Spencerport Zoning Code.
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.
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.
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.
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.
A.Â
In addition to any restrictions included in Chapter 310, Vehicles and Traffic, of the Code of the Village of Spencerport, no ancillary vehicle, recreational vehicle or boat shall be parked outside on any public street, property or right-of-way for more than 24 hours.
B.Â
Any ancillary vehicle, recreational vehicle or boat stored on private
property must be owned by a resident of the premises and be operable
and in condition for its intended use. The fact that an ancillary
vehicle, recreational vehicle or boat is not moved off the property
for a period of one year shall be presumptive evidence that the vehicle
is inoperable.
D.Â
An ancillary vehicle, recreational vehicle or boat can be stored
in a side or rear yard, provided that it shall:
E.Â
A maximum of one ancillary vehicle, recreational vehicle or boat
may be stored outside on any residential parcel.
F.Â
No recreational vehicle shall be used for residential purposes, except
that visiting guests owning or operating such vehicles may occupy
them for a period of 10 days. The occupants of such vehicles must
be guests of the residents of the premises. The Building Inspector
may issue a permit for visitors to occupy a recreational vehicle for
a time period not to exceed 16 days.[1]
[1]
Editor's Note: Former Subsection G, regarding recreational
vehicles shall not be connected to utilities, which immediately followed,
was repealed 2-2-2022 by L.L. No. 2-2022.
A.Â
No commercial vehicle having an overall length in excess of 23 feet,
nor any semi-tractor, semi-tractor-trailer, semi-trailer, dump truck,
tow truck, bus, step van, freight van, flatbed or stake truck, or
construction vehicle or equipment of any length may be parked in any
residential district unless temporarily, in conjunction with a permitted
construction project, service, sales, or delivery to the property.
B.Â
One commercial vehicle which is not regulated by Subsection A above may be parked, but not stored, outside on private property in a residential district, provided that the vehicle:
(1)Â
Is owned by, or operated for an employer by, a resident of the premises.
(2)Â
Is parked on a driveway or in a garage.
(3)Â
Does not exceed one-ton capacity, as designated by the manufacturer
of the vehicle, or 10,500 pounds' gross vehicle weight (GVW) as indicated
on the manufacturer's rating label or specifications. The owner or
operator of a vehicle must provide proof of ownership and/or vehicle
weight or capacity when requested by the Building Inspector and/or Code Enforcement Officer.
(4)Â
Is not parked in a public street or right-of-way.
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.
