[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.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor vehicle, as defined in the Vehicle
and Traffic Law of the State of New York, that is:
Unlicensed, wrecked, stored, discarded, dismantled and/or which
is not intended or in any condition for legal use upon the public
highway;
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;
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
Left unattended for more than 48 hours on property of another,
if left without permission of the property owner.
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.
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.
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.
The person having record or beneficial title to real property
and/or the person or persons in possession of such real property.
An individual, partnership, association, corporation or legal
representative.
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]
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.
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.
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.
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.
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.
No vehicle shall be parked or stored on any
privately owned vacant property in a residential district.
[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.
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]
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]
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]
E.
The remedies provided herein shall be cumulative and
shall be in addition to any other remedies provided by law.
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.
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.
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.
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.