[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-15-2007 by L.L. No. 8-2007[1]]
[1]
Editor's Note: This local law was originally designated to be
added as Chapter 198, but was renumbered to maintain the alphabetical integrity
of the Code.
A.
The Board of Trustees of the Village (hereinafter the
"Board") hereby finds that the parking of any vehicle other than on a driveway
or in a garage, or the parking and/or storage of commercial and recreational
vehicles, junked vehicles and boats other than in an enclosed garage, creates
a visual blight within the Village which deprives the Village of its rural,
residential character and which adversely affects the aesthetics and property
values therein. Similarly, the Board finds that the parking of more than one
horse trailer adversely affects the aesthetics and property values of the
surrounding community. The Board further finds that the outdoor parking and/or
storage of junked vehicles, recreational vehicles and boats on residential
property poses a potential safety hazard inasmuch as they can not be readily
moved in cases of fire or other emergency.
B.
It is the intent of this article to regulate the parking
and storage of vehicles, horse trailers and boats in a manner which will preserve
the Village's rural, residential character, protect the aesthetics and
property values within the Village and otherwise promote the health, safety
and general welfare of its residents.
As used in this article, the following terms shall have the meanings
indicated:
Any vessel, watercraft or other contrivance used or capable of being
used as a means of transportation in the water.
Any truck, tractor, machinery, school bus, trailer, boat or other
vehicle used for the transportation for compensation or for hire of persons
or property. For the purposes of this definition, a limousine is deemed to
be a commercial vehicle. Lack of a commercial license plate or commercial
registration shall not be conclusive proof that a vehicle is not a commercial
vehicle within this definition.
A paved surface or pathway which extends from a portion of a lot
and leads directly to a curb cut on an adjacent street. For the purposes of
this definition, a paved surface or pathway shall include those constructed
of, or covered with, an all-weather surface such as gravel, macadam, asphalt,
concrete or other material approved by the Village Building Department.
Any building or structure enclosed on all sides by walls, columns
and doors and which is capable of being used for the storage of one or more
vehicles owned and used by the owner or tenant of the lot on which it is erected
for a purpose accessory to the use of the lot, and which in all respects complies
with the applicable zoning laws, rules and regulations, including but not
limited to all setback requirements.
Any vehicle used or capable of being used to carry and transport
horses.
Any vehicle, including a trailer, which is not duly registered pursuant
to Vehicle and Traffic Law § 401 or is in a rusted, wrecked, discarded,
dismantled, partly dismantled, inoperative or abandoned condition.
Leaving a vehicle unoccupied, standing motionless and unattended
for an interval of time longer than is reasonably necessary to load or unload
passengers or freight. For the purposes of this article, parking shall also
include the storage of boats and vehicles.
Any vehicle, including a trailer, which is constructed, altered or
otherwise designed to be used to transport persons and/or personal possessions
for recreational purposes by its operator. For the purposes of this definition,
mobile homes, motor homes, tent trailer(s), campers and trailers to transport
automobiles, motorcycles, all-terrain vehicles, boats and watercraft, are
deemed to be recreational vehicles.
Those premises located within the geographical boundaries of the
Village, except properties involving a nonconforming use or a conditional
use.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, off-highway trail, waterway or snow,
except devices propelled by muscular power and electrically driven mobility-assistance
devices operated or driven by a person with a disability. For the purposes
of this definition, a trailer is deemed to be a vehicle.
A.
The parking of any vehicle on property other than on
a driveway or in an enclosed garage is prohibited; provided, however, that
commercial vehicles, junked vehicles, recreational vehicles, and horse trailers
are subject to the following additional restrictions:
(1)
The parking of a commercial vehicle on residential property
is prohibited, unless said vehicle is in an enclosed garage or has been parked
on the property for an interval of time not to exceed 24 hours by persons
performing work or other services at or upon the property.
(2)
The parking of junked vehicles, other than in an enclosed
garage, is prohibited on residential property.
(3)
The parking of recreational vehicles, other than in an
enclosed garage, is prohibited on residential property.
(4)
The parking of any horse trailer on residential property,
other than on a driveway or in an enclosed garage, is prohibited. The parking
of more than one horse trailer is prohibited on residential property.
(5)
The parking of any horse trailer having the capacity
to carry and transport more than two horses simultaneously is prohibited on
residential property.
The parking of boats, other than in an enclosed garage, is prohibited
on residential property.
A.
Anything herein to the contrary notwithstanding, an exemption
from the above may be granted upon a demonstration that the exemption sought
is not injurious to the public health, safety and welfare by issuance, for
a period not to exceed 30 days, of a certificate of exemption, by application
of the property owner to the Village Clerk.
B.
In the event that the restrictions imposed by this article
create an economic or other hardship, an application may be made by the property
owner to the Board of Trustees, which Board is hereby authorized to issue,
after appropriate hearing, additional certificates of exemption.
Any person, firm or corporation violating any of the provisions of this
article shall be guilty of a violation, punishable as provided in Chapter
I, General Provisions, Article II.
