Village of Fairport, NY Chapter 347 Outdoor Storage

[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 12-13-1993 as part of L.L. No. 4-1993 (Ch. 34A of the 1968 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Solid waste — See Ch. 425.

Vehicles and traffic — See Ch. 500.

§ 347-1 Purpose.

The purpose of this chapter is to regulate the outdoor storage of appliances, rubbish and debris and vehicles upon privately and publicly owned properties within the Village of Fairport. Such outdoor storage constitutes a nuisance, an annoyance to owners and occupants of adjoining property and an unsightly condition affecting the general public. This chapter is adopted to preserve peace and good order; to promote the aesthetic beauty of the community and hence the value of property therein; and to promote the health, safety and general welfare of the citizens of the Village of Fairport.

§ 347-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED, UNLICENSED, INOPERATIVE, JUNKED OR DISCARDED VEHICLE

A. Any motor vehicle, as defined in the Vehicle and Traffic Law of the State of New York, that is:

(1) Unlicensed, wrecked, stored, discarded, dismantled and/or which is not intended or in any condition for legal use upon the public highway;

(2) Being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some of the materials therein for the purpose of disposing of the same;

(3) In such a condition as to cost more to repair and place in operating condition than its reasonable market value prior to such repair; or

(4) Left unattended for more than 48 hours on property of another, if left without permission of the property owner.

B. With respect to any motor vehicle not required to be licensed or not usually used on the public highway, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is an abandoned, junked and/or inoperative vehicle.

C. The fact that a motor vehicle does not display a current motor vehicle registration and license plate shall be presumptive evidence that such motor vehicle is not in any condition for legal use upon the highways.

APPLIANCE

Any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment abandoned, junked, discarded, wholly or partially dismantled or no longer intended or in condition for ordinary use for the purpose for which it was originally designed.

OWNER

The person having record or beneficial title to real property and/or the person or persons in possession of such real property.

PERSON

An individual, partnership, association, corporation or legal representative.

RECREATIONAL VEHICLE

Any licensed or unlicensed motor home, trailer, camper, travel trailer, boat, jet ski, snowmobile or all-terrain vehicle.

[Amended 11-9-1998 by L.L. No. 2-1998]

RUBBISH or DEBRIS

Household or commercial trash of a flammable nature, meaning to include barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets and tires; lumber, brick, stone and other building materials no longer intended or in condition for ordinary use; and any and all tangible personal property no longer intended or in condition for ordinary and customary use.

VEHICLE

A machine propelled by other than human power, designed to travel along the ground by use of wheels, treads or other mechanical means to transport persons or property or pull machinery, and shall include, without limitation, automobiles, motorcycles, trucks, tractors, trailers, recreational vehicles and wagons.

§ 347-3 Appliances, rubbish or debris.

No person shall have or permit the existence of appliances, rubbish or debris out of doors on property owned by such person, other than appliances, rubbish or debris placed at curbside for no longer than one day awaiting garbage and refuse pickup.

§ 347-4 Unlicensed, inoperative, discarded or junked vehicles.

A. No property shall be used for the outside storage of unlicensed, inoperative, discarded or junked vehicles except as may be otherwise permitted in this Code.

B. No dismantled, partially dismantled or parts of vehicles shall be stored outside on any property within the Village, except as otherwise permitted within this Code.

C. No person shall abandon any vehicle within the Village, and no person shall leave any vehicle at any place within the Village for such time and under such circumstance as to reasonably cause such vehicle to appear to have been abandoned.

D. No person shall leave any dismantled, partially dismantled, wrecked, nonoperating, discarded vehicles or parts thereof on any property within the Village except as permitted within this Code.

§ 347-5 Licensed vehicles.

A. Subject to the provisions of § 347-7, licensed vehicles stored or parked out of doors on private property shall be either:

(1) Parked on a driveway;

(2) Parked in the rear yard area so as not to infringe upon any required yard area prescribed in Chapter 550, Zoning, of the Code of the Village of Fairport; or

(3) Parked in the side yard, adjacent to a building. A vehicle shall maintain a setback from property lines of five feet if less than six feet in height and a setback of 10 feet if more than six feet in height. All such vehicles shall be screened from view by a solid fence or evergreen hedge at least six feet in height.

B. Licensed vehicles parked on public property shall be parked so as not to create a hazard, impede the flow of traffic and emergency vehicles or create a nuisance to adjacent properties. The Code Enforcement Officer is authorized to make a determination of hazard, impediment or nuisance. In the event of imminent danger, the vehicle shall be removed immediately by the owner or shall be removed by the Village at the owner's expense.

§ 347-6 Storage on vacant property.

No vehicle shall be parked or stored on any privately owned vacant property in a residential district.

§ 347-7 Storage of recreational vehicles; special use permit.

[Amended 7-8-1996 by L.L. No. 6-1996; 11-9-1998 by L.L. No. 2-1998]

A. No person shall have or permit the existence of a recreational vehicle out of doors on property owned by such person unless:

(1) The vehicle is owned by a full-time resident of the property;

(2) The vehicle, if required to be registered and/or inspected to be operated upon the roads or waterways of the state, was registered and/or issued a valid inspection certificate within the past 12 months or, if not required to be registered and/or inspected to be operated upon the roads or waterways of the state, is in operable condition;

(3) The vehicle cannot be stored indoors on the property;

(4) The vehicle is parked in the rear yard of the property so as not to infringe upon any required yard area prescribed for an accessory building by Chapter 550, Zoning, or is parked in a side yard adjacent to a building, in which latter case, it shall maintain a setback from property lines of five feet if less than six feet in height and a setback of 10 feet if more than six feet in height; and

(5) The vehicle shall be screened from view, except from the street, by a solid fence or evergreen hedge at least six feet in height.

B. Any person who shall have or permit the existence of a recreational vehicle out of doors on property owned by such person and who does not comply with all of the conditions set forth in § 347-7A of this chapter, shall obtain a special use permit, and if he/she fails to do so, shall be in violation of this chapter.

C. Any special use permit issued shall be conditioned upon the applicant's complying with all of the conditions set forth in § 347-7A of this chapter, and such other additional conditions as may be imposed by the issuing authority. The term of any special use permit issued pursuant to this chapter shall be limited to the occupancy or use of the subject premises by the applicant; notwithstanding the foregoing, the term of the initial special use permit shall not exceed one year, and any renewal term shall not exceed five years.

D. This section shall not apply to temporary storage of a recreational vehicle. For purposes of this section, "temporary storage" shall mean the existence of a recreational vehicle out of doors on property, which does not comply with § 347-7A or B, for a period not to exceed three consecutive days, under any of the following circumstances:

(1) The recreational vehicle is en route to or from its permanent storage location;

(2) The recreational vehicle is a boat, jet ski, snowmobile or all-terrain vehicle and any trailer appurtenant to any of said vehicles, and is being prepared for seasonal use either prior to the beginning of the season or for storage at the end of the season; or

(3) The recreational vehicle is a motor home, trailer, camper or travel trailer and is either being prepared immediately prior to a trip or being unloaded, cleaned or prepared for storage immediately upon return from a trip.

§ 347-8 Issuance and revocation of permits.

A. Issuance and revocation of special use permits. The Zoning Board of Appeals of the Village of Fairport is hereby authorized and empowered to issue special use permits hereunder, subject to the provisions hereof. A special use permit issued pursuant to this chapter may be revoked by the Zoning Board of Appeals, after a hearing, if it appears that the outdoor storage area no longer conforms to the special use permit issued or to the provisions of this chapter.

B. Waivers. The Zoning Board, in an appropriate case, is authorized to waive or modify the strict application of side yard or rear yard requirements of § 347-7A(4), setback requirements of § 347-7A(4) and to waive or modify the strict application of the screening requirement of § 347-7A(5). Any waiver or modification shall be limited to the term of the special use permit and further shall remain subject to modification or revocation after a hearing called on notice. When considering an application for waiver or modification, the Zoning Board must apply the following principles:

[Added 7-8-1996 by L.L. No. 6-1996; amended 11-9-1998 by L.L. No. 2-1998]

(1) Generally, the provision of screening for the benefit of neighboring properties is more important than strict adherence to setback distances.

(2) Generally, if the item to be screened has a height greater than six feet, a dense living hedge is the preferred screening material.

C. Procedure. Except as otherwise provided herein, the procedure before the Zoning Board of Appeals, with respect to the issuance and the revocation of special use permits, and the granting of waivers, shall be governed by the applicable provisions of Article XI of Chapter 550 of the Code of the Village of Fairport and the Village Law.

[Amended 7-8-1996 by L.L. No. 6-1996]

§ 347-9 Enforcement; penalties for offenses.

A. It shall be the duty of the Code Enforcement Officer or his delegate to administer and enforce the provisions of this chapter.

B. When violations occur under this chapter, the Code Enforcement Officer shall cause notice to be given to the owner or occupant of the premises, or to the agent of either. Said notice may be given by first-class mail or by issuance and service of a notice of violation. If any of said persons fail to abate said violation within five days after such notice has been personally served upon them, or within 10 days after such notice has been sent to said persons by first-class mail at their home or business address, said persons shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Code Enforcement Officer in the name of the Village of Fairport and to be retained by the Village of Fairport.

C. The Code Enforcement Officer, on behalf of the Village of Fairport, may maintain an action for an injunction to enjoin violations of this chapter.

D. Any person violating any provisions of this chapter or of any notice or order issued hereunder shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment for not more than 15 days, or both, for each violation. Each day that a violation continues shall constitute a separate offense punishable by the foregoing fine. The Code Enforcement Officer is hereby empowered to issue appearance tickets for violations of this chapter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law.

§ 347-10 Fees.

All fees associated with this chapter shall be established and maintained by the Village Board and made a part of the Village's fee schedule.[1]

[1] Editor's Note: The fee schedule is on file in the office of the Village Clerk.

§ 347-11 Decisions; appeals; court review.

A. Decisions. All decisions made in accordance with the provisions of this chapter shall be filed in the office of the Village Clerk. All appeals from a ruling or determination of the Code Enforcement Officer or other administrative officer made hereunder shall be taken to the Zoning Board of Appeals.

B. Procedure. Except as otherwise provided herein, the procedure before the Zoning Board of Appeals, with respect to appeals from administrative decisions, shall be governed by the applicable provisions of Article XI of Chapter 550, Zoning, of the Code of the Village of Fairport and the Village Law.

C. Court review. Review of determinations made hereunder by the Zoning Board of Appeals shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Village Law. Any such proceeding shall be commenced within 30 days of the filing of the decision sought to be reviewed.

§ 347-12 Conflict with other provisions.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standard shall govern.