As used in this article, the following terms shall have the
meanings indicated:
BOAT
A vessel capable of carrying one or more people and intended
for use on or in water.
BUILDING
A relatively permanent, essentially boxlike structure having
a roof and enclosing within its walls space for any of a wide variety
of activities, such a living, entertaining, manufacturing, etc. As
used in this article, the word "building" refers to principal buildings
and accessory buildings unless specifically distinguished.
CAMPER
A motorized, self-propelled vehicle containing sleeping and
other facilities for habitation.
COMMERCIAL VEHICLE
Any vehicle used in conjunction with any business or trade,
with the exception of the automobile of a salesman, professional person
or the like.
CONSTRUCTION VEHICLE
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 of construction
materials.
DWELLING UNIT
A separately contained housekeeping unit within a building,
designed and intended for use by one family and having facilities
for cooking, eating and sleeping therein.
MOBILE HOME
A structure mounted on axles and wheels containing living
facilities and which may be towed by automobile or truck from place
to place. Such structure will be considered a "mobile home" for purposes
of this article, whether or not the wheels and axles are still in
place.
MOTORCYCLE
An unenclosed vehicle having a seat or saddle for the use
of the rider and designed to travel on not more than three wheels
in contact with the ground.
PARK or PARKING
The standing of a vehicle, whether occupied or not, on public
or private property.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
REAR YARD
The area across the full width of a lot, extending from its
forward line of the principal building to the rear property line of
the lot and bounded by the side property lines.
SEMITRAILER
A detachable trailer for hauling freight, having its forward
end supported by the rear of its truck tractor when attached.
STORAGE
The parking of a vehicle for a period in excess of 24 hours.
TRACTOR
A short truck with a body containing only a cab for the driver,
used to haul detachable trailers.
TRACTOR-TRAILER
A combination trucking unit consisting of a tractor and a
trailer or semitrailer.
TRAILER, BOAT
A trailer intended for the purpose of moving boats from place
to place.
TRAILER, CAMPER
A trailer containing sleeping and other facilities, the outside
walls of which are partially collapsible into the body of the trailer
to facilitate towing.
TRAILER, HOUSE
A trailer containing sleeping and other facilities, the outside
walls of which are of rigid materials.
TRAILER, UTILITY
A trailer generally used for the hauling of miscellaneous
household and yard materials.
VEHICLE
All of the foregoing vessels, vehicles, structures and trailers
and also including every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, except
devices moved by human power and excluding motorcycles and automobiles
primarily intended for personal use.
A conditional use permit from the Zoning Board of Appeals is
required for the parking or storage of any vehicle hereunder.
[Added 2-26-2003 by L.L.
No. 5-2003]
A. It shall be unlawful at any time to offer for sale on any property
in any zone within the Town of Ogden more than one motor vehicle,
trailer or other device which may be used for transporting persons
and/or property. No more than two vehicles may be sold from any property
in any calendar year. Said vehicle shall be owned by or registered
to a current occupant of such parcel. The vehicle exterior shall be
well maintained, and the areas surrounding the vehicle shall be kept
neat, clean and maintained so as to provide a clean, safe and attractive
environment. The vehicle shall not be placed in the road right-of-way.
B. Notwithstanding the provisions of Subsection
A, it shall be unlawful at any time to offer for sale on any property in any zone within the Town of Ogden any vehicle, trailer or other device which may be used for transporting persons and/or property, when such vehicle is either owned, registered, licensed, or being offered for sale by anyone who holds a valid New York State dealer's license, except upon such premises as have been approved for the commercial sale of such automobiles.
[Added 11-28-2007 by L.L.
No. 12-2007]
[Amended 3-22-2000 by L.L. No. 2-2000]
A. For the purposes of this section, a "motor vehicle" is as defined in Chapter
188, Noise, §
188-2, of this Town of Ogden Code.
B. The outside storage of unlicensed vehicles upon properties within
the Town of Ogden is a source of annoyance to members of the public
and to owners and occupants of adjacent land. The outdoor storage
of such vehicles on private land is unsightly, constitutes an attractive
nuisance to children and compromises public health and safety. This
legislation has been enacted for the purpose of protecting public
health, safety and property by limiting the storage of unlicensed
motor vehicles in accordance with the provisions of this article.
C. No property shall be used for the outside storage of unlicensed motor
vehicles except in accordance with the following conditions:
(1) For a given address, the outside storage of no more than one unlicensed
motor vehicle may be allowed on the property at any time.
(2) The vehicle exterior and the areas surrounding the vehicle shall
be kept neat, clean and maintained so as to provide a clean, safe
and attractive environment.
(3) Such
storage shall be located in a driveway or behind the setback of the
house.
[Added 2-12-2020 by L.L. No. 1-2020]
(4) Such
vehicle must belong to the owner or occupant of the premises upon
which it is being stored.
[Added 2-12-2020 by L.L. No. 1-2020]
D. Any duly authorized police officer, judicial officer or designated
officer of the Town of Ogden may, by service of summons or appearance
ticket, require the owner, occupant or person having charge of the
property on which a violation of this section exists to appear before
the Town Justice of the Town of Ogden. The Town Justice shall be empowered
to direct that any vehicle or vehicles be removed and the violation
corrected within 15 days from the return date of the summons or appearance
ticket.
E. In the event that the violation is not removed or corrected within
such time as shall be provided by the Town Justice Court, the Town,
after 15 days' notice to the property owner, served personally or
mailed, certified mail, return receipt, to that property owner's last
known address, may order its authorized agent to perform such work
as shall be necessary to remove or correct the violation and assess
the costs thereof against the land; to be a lien against the property
and to be collected as taxes are collected pursuant to law. Any vehicle
removed from the property may be sold at public sale or destroyed.
This remedy shall be in addition to any other penalty, which may be
imposed or provided by law.
No major repairs, whether involving the dismantling of vehicles
or not, shall be made to such vehicles outside of an enclosed building.
Minor repairs, such as but not limited to engine tuning, changing
of spark plugs, changing oil, changing tires and similar procedures,
shall be permitted. The provisions of this section shall not prohibit
the repair of vehicles inside an enclosed garage or other building.
Nothing herein shall be construed as permitting the commercial repair
of vehicles in residential districts.
No vehicle parts or tires shall be accumulated or stored.