[HISTORY: Adopted by the City Council of the City of Butler 11-18-1999
by Ord. No. 1479. Amendments noted where applicable.]
The purpose of this chapter is to regulate the outdoor parking and storage
of automobiles, recreational vehicles, boats, trailers and other vehicles.
This chapter is adopted to promote safe vehicular traffic, to preserve peace
and good order, to promote the aesthetic beauty of the community and, hence,
the value of the property therein and to promote the health, safety and general
welfare of the citizens of the City of Butler.
As used in this chapter, the following terms shall have the meanings
indicated:
A motor vehicle owned and operated as an exhibition piece or collector's
item, not used for daily transportation, and manufactured more than 25 years
prior to the current calendar year.
A vessel capable of carrying one or more people and intended for
use on the water.
A permanent, essentially box-like structure having a roof and enclosing
walls complying with the Property Maintenance Code of the City of Butler.[1] As used in this chapter, the word "building" refers to principal
buildings and accessory buildings unless specifically distinguished.
A motorized, self-propelled vehicle containing sleeping and other
facilities for habitation.
Any licensed vehicle used in conjunction with any business or trade,
with the exception of the automobile of a salesman, professional person or
the like.
A commercial vehicle customarily used in the construction trades,
including but not limited to vehicles used for excavation and moving of earth
and vehicles used for hauling construction materials.
An asphalt, concrete, crushed stone or other hard surface, generally
constructed between the road and a garage or dwelling used for parking of
vehicles.
A building designed or used as living quarters for one or more families.
One or more persons occupying the premises and living as a single
housekeeping unit.
An unenclosed motorized vehicle having seats or saddles for the use
of riders.
The standing of a vehicle, whether occupied or not, on public or
private property outside of a building.
Any person, firm, partnership, association, corporation, institution
or organization of any kind.
Any vehicle used for recreational purposes, including all-terrain
vehicles, boats, boat trailers, camper trailers, jet skis, motorcycles, motor
homes and snowmobiles.
A short truck with a body containing only a cab for the driver, used
to haul commercial, detachable trailers.
A combination trucking unit consisting of a tractor and a trailer
or semitrailer.
A detachable trailer for hauling commercial freight, having its forward
end supported by the rear of its truck tractor when attached.
The parking of a licensed vehicle for a period in excess of nine
consecutive days, unless otherwise restricted. The parking of an unlicensed
vehicle for any period of time, except as exempted herein. The incidental
movement of a vehicle on or off the property shall not affect the calculation
of the nine-day time period.
A trailer intended for the purpose of moving boats from place to
place.
A trailer containing sleeping and other facilities for habitation
and intended to be towed or carried by another vehicle.
A trailer generally used for the hauling of miscellaneous household
and yard materials.
A machine or vessel propelled by other than human power, designed
to travel along the ground or water by use of wheels, treads or other mechanical
means to transport persons or property or pull machinery, and shall include,
without limitation, automobiles, trucks, campers/recreational vehicles, tractors,
trailers, motorcycles, boats and wagons.
Determined by measuring from the ground surface to the top of the
vehicle, as stored.
Determined by the physical measurement of the outside dimension of
said vehicle, i.e., a boat will be measured from the bow to the stern; a camper/recreational
vehicle will be measured from bumper to bumper; a utility trailer or camper
trailer will be measured front to rear, excluding the trailer tongue; a boat
trailer will be measured from the rear to the point of the bow support, excluding
the tongue.
The area between that part of an existing structure nearest the street
line and the street line, bounded on each side by the side lines of the lot.
On corner lots, those areas between the part of each exterior wall of
an existing structure nearest each street line abutting said lot, and said
street lines bounded by the other street and the side line most closely parallel
to said other street line shall each be the front yard.
That area between that portion of an existing structure nearest the
rear line of the lot and said rear line, bounded on both sides by the side
lines of said lot.
On corner lots, that area between that part of an existing structure
nearest each side line which has the larger amount of square feet shall be
considered the rear yard.
That area between that part of an existing structure and the side
line of each lot, provided that said line is not also a street line.
A.Â
No recreational vehicle shall be stored outside at any
place in the city on public property, or parked outside on public property
for more than 48 hours.
B.Â
One recreational vehicle, less than 9 feet in height
and less than 20 feet in length, may be stored on the driveway no closer than
20 feet to the public street; however, no storage is permitted in the rest
of the front yard area.
C.Â
A recreational vehicle may be stored in the side yard,
provided that it shall:
(1)Â
Be stored parallel to and adjacent to the structure;
(2)Â
Not exceed the dimension of the structure plus 6 feet
or a maximum of 35 feet, whichever is less;
(3)Â
Be provided with either an evergreen screening or a solid
fence eight feet high, planted or installed between the vehicle and the property
line. Plantings shall be planted a minimum of four feet high and be allowed
to grow and be maintained a minimum of eight feet high; and
(4)Â
Be set back a minimum of four feet from the property
line.
D.Â
A recreational vehicle may be stored in the rear yard,
provided that it shall:
(1)Â
Be stored parallel to and adjacent to the structure;
(2)Â
Not exceed the dimension of the structure plus 6 feet
or a maximum of 35 feet, whichever is less;
(3)Â
Be provided with either an evergreen screening or a solid
fence eight feet high, planted or installed between the vehicle and the property
line. Plantings shall be planted a minimum of four feet high and be allowed
to grow and be maintained a minimum of eight feet high; and
(4)Â
Meet the applicable setbacks.
E.Â
A maximum of two recreational vehicles may be stored
outside of a building on any lot containing a dwelling unit. Only one such
vehicle may be equal to or greater than nine feet in height or 20 feet in
length. Such vehicles must be owned or leased by the property owner or the
property tenant, except that on lots of 5 acres or larger, the option shall
exist that both of the two allowed recreational vehicles may be equal to or
greater than nine feet in height or 20 feet in length. Additionally, on such
lots, one such vehicle may be owned or leased by someone other than the property
owner. Recreational vehicles stored on such lots shall be stored in the rear
yard area within the applicable setbacks.
G.Â
No camper/recreational vehicle, camper trailer or boat
shall be used for residential purposes, except that visitors with such vehicles
may sleep in them for a period not to exceed five days.
I.Â
The storage of recreational vehicles defined herein or
the granting of special permits defined herein shall not preempt existing
tract restrictions or restrictive covenants.
J.Â
Visitor permits may be granted by the Department of Community
and Economic Development, for a time period not to exceed 16 days each, to
allow for relief from the requirements found in § 249-4G above to
allow for the extended stay of visitors.
A.Â
No commercial or construction vehicle of any length shall
be stored outside on any public property within the town for a period in excess
of eight hours, unless used in conjunction with construction on said property.
B.Â
No commercial vehicle having an overall length in excess
of 20 feet, nor any semi-tractor, semi-tractor-trailer, semitrailer or construction
vehicle of any length shall be parked on any public or private property in
a residential district, unless temporarily in connection with a bona fide
commercial service, sales or delivery to such property.
C.Â
A commercial vehicle, which is not a semi-tractor, semi-tractor-trailer,
semitrailer or construction vehicle having an overall length of 20 feet or
less, may be parked or stored outside on private property in a residential
district subject to the following regulations:
(1)Â
Only one such vehicle per family may be parked or stored
on any lot containing the dwelling of such family.
(2)Â
Such vehicle shall only be parked or stored on the driveway
or in the garage.
(3)Â
The parking or storage of such vehicle shall be in full compliance with the requirements of Chapter 260, Zoning, of this Code and shall not preempt the use of space needed for the off-street parking of other vehicles.
(4)Â
Such vehicle shall belong to an owner or occupant of
the premises upon which it is being parked or stored.
A.Â
Licensed and inspected vehicles, parked or stored outside on private property not otherwise regulated in § 249-3 or § 249-4 of this Code, shall be either:
(1)Â
Parked on a driveway surface;
(2)Â
Parked in the rear yard area, within the applicable setbacks
and as close to the existing dwelling or garage as practicable; or
(3)Â
Parked in the side yard, as close to the garage as practicable,
provided that it is no closer than four feet to the property line.
B.Â
Licensed vehicles parked on public property shall be parked consistent with Chapter 245, Vehicles and Traffic, and so as not to create a hazard, impede the flow of traffic and emergency vehicles or create a nuisance to adjacent properties. The determination of hazard, impedance or nuisance shall be made by the Chief of Police or his designee. In instances of imminent danger, the vehicle shall be removed immediately by the owner or shall be removed by the town, at the owner's expense.
No vehicle shall be parked or stored on any privately owned vacant property
in a residential district.
Any notice of violation of the provisions of this Code not corrected
shall be served by personal service upon the owner and tenant/occupant of
the property or by posting a notice on the vehicle.
A.Â
No person in charge or in control of any property within
the town, whether as owner, occupant, tenant or otherwise, shall allow any
violations of this provision of the Town Code longer than seven days after
notice is given to such person by the Chief of Police or his designee.
B.Â
The Chief of Police or his designees are authorized to
remove and dispose of, or have removed or disposed of, any abandoned, uninspected,
unlicensed, inoperative, discarded or junked vehicles, or stored vehicles
within a street or highway right-of-way, on public property, or on private
property with the consent of the property owner (where no other alternative
is available).
This chapter shall not apply to any motor vehicle or motor vehicle accessories
stored within an enclosed building or on the premises of a business enterprise
operated in a lawful place and manner. As to junked motor vehicles, such business
enterprises shall include auto junkyards but not auto repair shops. As to
motor vehicle accessories, such business enterprises shall include automobile
junkyards, auto repair shops and auto body shops but shall not include automobile
service stations or tire, battery and accessory sale stores.
A.Â
Any person violating the provisions of this chapter shall,
upon conviction thereof before a District Justice, be subject to a fine of
up to $300 and costs of prosecution and, in default of payment of such fine
and costs, shall be subject to imprisonment in the county jail for up to 90
days.
B.Â
All prosecutions shall be brought in the name of the
City of Butler before any District Justice and shall be commenced by information
and warrant and shall be directed to and be served by a constable. Warrants
shall be returnable forthwith and upon such return, like proceedings shall
be had, as in the case of summary conviction.
