Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 4-6-2009 by L.L. No. 5-2009 (Ch. 142A of the 1976 Code). Amendments noted where applicable.]
Dumpsters — See Ch. 126.
Solid waste — See Ch. 283.
As used in this chapter, the following terms shall have the meanings indicated:
Any portable container, receptacle, or device of a type commonly used for the temporary storage, of personal property and other matter. The term shall include, but not be limited to, trailers, shipping containers, portable on-demand storage units and other similar containers.
Every person, firm, corporation, or legal entity who wishes to place a temporary storage container within the Village of Lancaster upon a residentially zoned or residentially utilized lot or tract of land shall be required to obtain a permit therefor from the Code Enforcement Officer. Obtaining said permit shall be the responsibility of the person, firm, corporation or legal entity that owns or occupies the premises on which the container is to be placed. Application for such permit shall be made on forms provided by the Code Enforcement Officer. Each application shall state:
The name, address and phone numbers of the applicant.
If the applicant is an agent, the name, address and phone numbers of the person, firm, corporation or legal entity that he or she represents.
The location, identified by street address, within the Village of Lancaster where the applicant wishes to place the temporary storage container.
A detailed description of each temporary storage container applied for, including each container's height, weight, square footage, length and width.
The location of each proposed temporary storage container, including a drawing or map showing the location of nearby buildings, sidewalks, streets, alleys and other public ways.
The period of time each temporary storage container shall remain in place.
Any other information as may be required by the Code Enforcement Officer to properly and adequately review the application.
Each application shall be accompanied by the required license fee.
The Code Enforcement Officer shall have the authority to reject any application that presents in his or her judgment a dangerous or hazardous situation to any person or persons or to the public. In rejecting such application, the Code Enforcement Officer shall state in writing the reasons for rejection.
The Code Enforcement Officer is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after investigation, he deems that the holder thereof has violated any provisions of this chapter or that the temporary storage container is being maintained in an unsafe manner or is being maintained as a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by registered United States Postal Service, addressed to the applicant at the name and address listed upon the permit application.
Except as hereinafter set forth, no permit for a temporary storage container shall authorize the use of same in a residentially zoned or residentially utilized lot or tract of land for more than 60 days. In the event that a construction project for which a building permit has been issued for construction of improvements to the location on which the temporary storage container is located requires the use of such container for more than 60 days, the Code Enforcement Officer, in his or her discretion, may issue the initial permit or extend the duration of an existing permit such that one extension is provided, not to exceed 30 days. Additional extensions shall be permitted only upon approval of the Village Board of Trustees of the Village of Lancaster.
A temporary storage container kept or maintained in a residentially zoned or residentially utilized lot or tract of land shall not exceed eight feet in height and shall be located no less than a distance of four feet from the front, side or rear property lines and a distance of 10 feet from any structure. Temporary storage containers shall not be stacked. Prior to the issuance of a permit, the Code Enforcement Officer shall consider the rights of the adjacent property owners so that there shall not be any unreasonable deprivation of light, air or a reasonable use of adjoining property. At no time shall the temporary storage container be located or maintained on any sidewalk, street, roadway or public right-of-way.
In respect to any residentially zoned or residentially utilized lot, a maximum of three permits with extensions issued pursuant to Subsection A above may be granted within a twelve-month period. During any one time, a maximum of three temporary storage containers may be utilized. A separate application and permit shall be required for each individual temporary storage container. In no event, regardless of whether containers are used contemporaneously or not, shall more than three permits be issued with respect to a single residentially zoned or residentially utilized lot within a twelve-month period.
The fee for each permit issued under this chapter shall be $25.
A violation of this chapter shall, upon conviction, be punishable pursuant to Chapter 1, Article II, of this Code.