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:
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.
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.
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.
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.
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.