[HISTORY: Adopted by the Board of Trustees of the Village of Fair Haven 4-15-1999; ratified 10-12-2004 by L.L. No. 2-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 150.
This chapter shall be known and cited as the "Village of Fair Haven Shed Ordinance."
In order to promote the efficient construction and installation of storage sheds on real property located in the Village of Fair Haven, without the necessity of obtaining a special permit pursuant to § 150-8A(2)(k) of Chapter 150, Zoning, of the Code of the Village of Fair Haven, the Board of Trustees hereby adopts the Shed Ordinance for the Village of Fair Haven.
[Amended 1-9-2017 by L.L. No. 1-2017[1]]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE
A use customarily incidental and subordinate to the principal use which is located on the same lot.
COMMERCIAL STRUCTURE
A building used in furtherance of a business or industry.
DWELLING
All dwellings as defined in § 150-3 of Chapter 150, Zoning, of the Code of the Village of Fair Haven.
MOBILE HOME
As defined by § 91-3 of Chapter 91, Manufactured Homes, of the Code of the Village of Fair Haven.
SHED
Any assembled, constructed or erected metal, wooden, fiberglass or other durable material storage unit measuring up to 120 square feet, used for the storage of personal property permitted by the laws of the Village of Fair Haven.
TRAILER
As defined in § 156 of the New York Vehicle and Traffic Law.
[1]
Editor’s Note: This local law also changed the title of this chapter from “Sheds” to “Sheds and “Storage Units.”
A. 
No shed shall be placed on a lot improved by a dwelling or commercial structure without first obtaining a zoning permit in accordance with § 150-30 of Chapter 150, Zoning.
B. 
Notwithstanding the requirement to obtain a zoning permit prior to placing a shed on a lot improved by a dwelling or commercial structure, no special permit shall be required for the placement of a shed in accordance with this chapter.
C. 
The maximum dimension for a shed to be placed on a lot improved by a dwelling or commercial structure in accordance with this chapter is 120 square feet.
D. 
All sheds contemplated in this chapter shall be known as accessory uses and shall not be used as temporary or permanent living quarters.
E. 
No public hearing shall be required before issuance of a zoning permit pursuant to this chapter.
F. 
The placement of a shed pursuant to this chapter shall in all other ways comply with the provisions of Chapter 150, Zoning, not inconsistent herewith, including but not limited to setback requirements, height, signage and permitted uses.
G. 
Items whose original purpose is not intended for storage, including but not limited to unregistered motor vehicles, unregistered motor homes and unregistered travel trailers requiring registration to be operated or to be towed on public highways, shall not be used as storage facilities.
[Added 1-9-2017 by L.L. No. 1-2017]
H. 
Mobile homes shall not be used as storage facilities.
[Added 1-9-2017 by L.L. No. 1-2017]
I. 
Trailers are not allowed as accessory structures or permitted to be placed, located, parked or stored on properties within the Village of Fair Haven. Notwithstanding the foregoing, trailers used as temporary facilities in conjunction with construction projects shall be allowed, provided such use does not exceed three months. Use in excess of three months shall require consent of the Code Enforcement Officer.
[Added 1-9-2017 by L.L. No. 1-2017]
[Amended 1-9-2017 by L.L. No. 1-2017]
A. 
Any person violating the provisions of this chapter shall be subject to penalties as set forth in § 1-17 of the Code of the Village of Fair Haven.
B. 
The Board of Trustees shall have such remedies as set forth in § 1-18 of the Code of the Village of Fair Haven, as well as those otherwise allowed by law.
This chapter shall take effect 10 days after it is adopted by the Board of Trustees for the Village of Fair Haven.
[Added 1-9-2017 by L.L. No. 1-2017]
Chapter 117 of the Code of the Village of Fair Haven is hereby amended to the extent that the same is inconsistent herewith. However, such amendment shall not affect or impair any act done or right accruing, accrued or acquired, liability, penalty, forfeiture or punishment incurred or owing, or levy or assessment made, imposed or owing, prior to the time such amendment takes effect, but the same may be enjoyed, asserted, collected, enforced, prosecuted or inflicted as fully and to the same extent as if such amendment has not been effected. All actions and proceedings, civil or criminal, commenced under or by virtue of any provision of the Code of the Village of Fair Haven, or any other local law of the Village of Fair Haven, ordinance, resolution or regulation, and pending immediately prior to the taking effect of such amendment, may be prosecuted and defended to final effect in the same manner as they might if Chapter 117 of the Code of the Village of Fair Haven were not so amended.