[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 9-9-2008 by L.L. No. 8-2008. Amendments noted where
applicable.]
The purpose of this chapter is to promote and
enhance the health, fire protection, comfort, aesthetics, prosperity
and overall positive quality growth of the Village by providing uniform
regulation of the use of portable storage units.
For the purposes of this chapter, the following
definitions shall apply:
Any container designed for the outdoor storage of personal
property which is typically provided to owners or occupants of property
for their temporary use and which is delivered and removed by vehicle.
(No portable storage unit shall have dimensions greater than 20 feet
in length, eight feet in width or height.)
[Amended 10-28-2014 by L.L. No. 9-2014]
A portable storage unit permit is required for the placement
of a portable storage unit at a site for any time period greater than
15 days, except where a valid building permit has been issued in connection
with a construction or remodeling project, in which case a portable
storage unit permit is required for any time period greater than 30
days. Application for the permit shall be made to the Village Building
Inspector or his or her designee, on a form provided by the Village,
and subject to applicable fees which can be found in the Schedule
of Fees on file in the Village Clerk's office. All application
materials shall be submitted in electronic file format acceptable
to the Building Department in addition to at least one original signed
application form and three paper copies of all plans and surveys,
or such other format or amount as determined by the Building Department.
The Building Department may waive the electronic submission requirement
only in extraordinary cases of technical infeasibility. The Building
Inspector or his or her designee shall have the authority to issue
a portable storage unit permit. The permit shall be valid for a maximum
time period of six months from the date of its issuance, at which
time the applicant may apply for a renewal by the Building Inspector
or his or her designee on a form provided by the Village as set forth
in this section. Renewal of the portable storage unit may be granted
by the Building Inspector upon good cause being shown.
A.Â
Portable storage units shall be removed on the expiration of portable storage unit permit and any renewal thereof, or, if a permit is not required, upon the expiration of the fifteen- or thirty-day period set forth in § 181-3.
B.Â
Notwithstanding the above, if a portable storage unit
is used in conjunction with a construction or remodeling project with
a valid building permit, said portable storage unit must be must be
removed from the property within 10 days following the issuance of
a certificate of occupancy even if a valid portable storage unit permit
is in effect.
Portable storage units that are located outside
of an enclosed building or structure shall be allowed only as specified
in this section and subject to the following regulations:
A.Â
Portable storage units may be temporarily located
in residential zoning districts so long as they shall be placed only
in the driveway or immediately adjacent to the driveway on the driveway
side farther from the nearest neighbor, are not located in the right-of-way
and do not obstruct any sidewalk.
B.Â
Portable storage units shall be located in such a
manner as to not impair a motor vehicle operator's view of motor vehicles,
bicycles or pedestrians upon entering or exiting a right-of-way.
C.Â
Portable storage units shall be located in such a
manner as to not obstruct the flow of pedestrian or vehicular traffic.
D.Â
Portable storage units are to be used for storage
incidental to the principal use of the lot. Storage trailers shall
not be used for retail sales or any other principal use.
E.Â
All portable storage units in use on a lot shall be
in a condition free from rust, peeling paint and other visible forms
of deterioration.
F.Â
Portable storage units shall not be permitted for
use as a detached, permanent storage building, utility building, workshop,
hobby shop or other similar purposes.
In the case of emergencies, such as floods,
wind storms, fires, or other acts of God, and man-made disasters such
as sewage backups, water leaks, electrical overloads and other such
events that damage property, code enforcement officials may be allowed
to relax enforcement of the provisions of this regulation and make
reasonable allowance for the extension of all time periods, limits
on numbers of containers, locations of containers on the property
and other appropriate waivers where necessary, to assist in recovery,
restoration, mitigation of further damage and construction efforts.
A.Â
When the Building Inspector and/or Code Enforcement
Officer finds an owner/occupant that is in violation of the provisions
of this chapter, the Building Inspector may issue a notice of violation,
and direct that those subject units be removed no later than 10 business
days from the date of said notice. Each day the portable storage unit
remains will constitute a separate additional violation.
B.Â
When the affected user fails to comply with a notice
of violation and order to remove, the Building Inspector may seek
injunctive relief and upon court order, remove the offending container
to a location where it shall be held until further order of the court.
An offense against the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable
by a fine of not more than $250. In addition to the above-provided
penalties and punishment, the Village Board may also maintain an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of such chapter.
