[HISTORY: Adopted by the Town Board of the
Town of Perinton 7-9-1997 by L.L. No. 4-1997. 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 Town of Perinton.
As used in this chapter, the following terms
have the meanings indicated:
[Amended 9-14-2016 by L.L. No. 1-2017]
Any vehicle that is:
Without a current inspection sticker or license, except as excluded in § 201-4F of this Code;
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;
Wrecked, discarded or dismantled;
In such a condition as to cost more to repair and place in operating
condition than its reasonable market value after such repair; or
Left unattended for more than 48 hours on the property of another,
if left without permission of the property owner.
With respect to any vehicle not required to be licensed or not
usually used on the public highways, the fact that such 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 vehicle is an abandoned, junk vehicle.
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 boxlike structure having a roof
and enclosing walls complying with the New York State Uniform Fire
Prevention and Building Code. 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 vehicle with a separate cab and freight area designed
to transport goods or passengers.
[Added 9-12-2012 by L.L. No. 5-2012]
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
that is constructed for providing property access or used for parking
of vehicles.
[Amended 1-22-2020 by L.L. No. 1-2020]
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.
Unenclosed motorized vehicles 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, but
not limited to, trailers used to transport such vehicles, all-terrain
vehicles, boats, boat trailers, camper trailers, jet skis, motorcycles,
motorhomes and snowmobiles.
[Amended 9-12-2012 by L.L. No. 5-2012]
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,
camper/rv, tractors, trailers, motorcycles, boats and wagons.
A vehicle height will be determined by measuring from the
ground surface to the top of the vehicle, as stored.
A vehicle length will be 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/rv 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.
[Amended 9-14-2016 by L.L. No. 1-2017]
The outside storage of abandoned or junk vehicles on privately
owned properties within the Town of Perinton 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 property is unsightly
and constitutes an attractive nuisance to children and a peril to
their safety. This legislation is intended hereby to protect public
health and safety and to curb the deterioration of the community environment.
A.
No property shall be used for the outside storage of abandoned, uninspected,
unlicensed, inoperative, dismantled, partially dismantled, discarded
or junked vehicles except as may be otherwise permitted in this Code.
B.
No dismantled, partially dismantled or parts of vehicles shall be
stored outside on any property within the Town except as otherwise
permitted within this Code.
C.
No person shall abandon any vehicle within the Town of Perinton and
no person shall leave any vehicle at any place within the Town for
such time and under such circumstance as to reasonably cause such
vehicle to appear to have been abandoned.
D.
Any junk/abandoned vehicle or used motor vehicle parts, as defined
in this chapter, may be removed from the premises on which it is or
they are located by order of the Town Board in the manner hereafter
provided.
(1)
The Building Inspector or a Code Enforcement Officer, upon detecting
a junk/abandoned vehicle or used motor vehicle parts, shall serve
a written notice ordering the removal of the same from the premises
on which it is located within 10 days from the date of such service.
Such notice shall also contain a description of the premises, a statement
as to the location thereon of a junk/abandoned vehicle or parts, and
reference to this chapter and to the fact that the location of such
junk or abandoned vehicle or parts on such premises is in violation
of this chapter.
(2)
At the expiration of 10 days after the service of such notice, if
such junk/abandoned vehicle or parts have not been removed, the Building
Inspector or a Code Enforcement Officer shall report such fact to
the Town Board, in writing. Such report shall recite the violation,
the notice given as required hereunder and the failure to comply therewith
and may include or refer to photographs of such junk/abandoned vehicle
and of the premises on which it is located. Such report shall be entered
in the official minutes of the Town Board by the Town Clerk, and any
such photographs shall be filed in the Town Clerk's office. The Town
Board shall thereafter hold a hearing upon 10 days' prior notice to
the owner to determine whether, in fact, the vehicle is junk/abandoned.
Such notice of hearing shall include a statement that the purpose
of such hearing is to receive evidence regarding the violation of
this chapter.
(3)
If, after said hearing and consideration of all evidence, the Town
Board determines that a violation of this chapter exists, the Town
Board shall arrange for the removal and disposal of such junk/abandoned
vehicle or used parts in a manner which it deems reasonable. Any expense
to the Town in accomplishing such removal may be assessed by the Town
Board to the real property from which such junk/abandoned vehicle
was removed, and the expense so assessed shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged, and may be added to a subsequent tax bill
for the property.
E.
Notices required by this chapter shall be served as follows:
(1)
By personal service on any of the owners, occupants or person in
control of the premises on which the junk/abandoned vehicle is located;
or
(2)
By regular mail, mailed to any of the owners of said property at
his or her last known address as shown on the latest completed assessment
roll of the Town and by conspicuously posting a copy of such notice
on the premises on which the junk/abandoned vehicle is located.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
A.
No recreational vehicle shall be stored outside at any place in the
Town on public property, or parked outside on public property for
more than 24 hours.
B.
One recreational vehicle, less than nine feet in height and less
than 20 feet in length may be stored on the driveway no closer than
20 feet from the public street, however, no storage is permitted in
the rest of the front yard area.
C.
A recreational vehicle may be stored in the side yard, provided that
it shall:
(1)
Be stored parallel to and adjacent to the structure;
(2)
Not exceed the dimension of the structure plus six feet or a maximum
of 35 feet, whichever is less;
(3)
Be provided with either an evergreen screening or a solid fence six
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
[Amended 3-24-2021 by L.L. No. 2-2021]
(4)
Be set back a minimum of four feet from the property line.
D.
A recreational vehicle may be stored in the rear yard, provided that
it shall:
(1)
Be stored parallel to and adjacent to the structure;
(2)
Not exceed the dimension of the structure plus six feet or a maximum
of 35 feet, whichever is less;
(3)
Be provided with either an evergreen screening or a solid fence six
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
[Amended 3-24-2021 by L.L. No. 2-2021]
(4)
Meet the applicable setbacks.
E.
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 five 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.
No camper/rv, 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 nine days.
I.
The storage of recreational vehicles defined herein or the granting
of special permits defined herein shall not preempt existing tract
restrictions or restrictive covenants.
[Amended 9-12-2012 by L.L. No. 5-2012]
A.
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.
No commercial
vehicle or cargo truck having an overall length in excess of 20 feet,
nor any semitractor, 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.
A commercial
vehicle, which is not a semitractor, 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)
Only
one such vehicle per family may be parked or stored on any lot containing
the dwelling of such family.
(2)
Such
vehicle shall only be parked or stored on the driveway or in the garage.
(4)
Such
vehicle shall belong to an owner or occupant of the premises upon
which it is being parked or stored.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
A.
Licensed and inspected vehicles parked or stored outside on private property not otherwise regulated in § 201-3 or § 201-4 of this Code shall be either:
(1)
Parked on a driveway surface;
(2)
Parked in the rear yard area, within the applicable setbacks and
as close to the existing dwelling or garage as practicable; or
(3)
Parked in the side yard, as close to the garage as practicable, provided
that it is no closer than four feet from the property line.
B.
Licensed vehicles parked on public property shall be parked consistent with Chapter 194, Vehicles and Traffic, § 194-7, 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 Director of Building and Codes, the Commissioner of Public Works or their designees. 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 pursuant to Chapter 115, Enforcement Procedures, of this Code.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
A.
No person in charge or in control of any property within the Town,
whether as owner, occupant, tenant or otherwise, shall allow any violations
to this provision of the Town Code longer than seven days after notice
is given to such person by the Director of Building and Codes or his
designee.
B.
The Director of Building and Codes, the Commissioner of Public Works
or their 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).
