It is the intent of this chapter to provide a mechanism for regulating, subject to reasonable and appropriate controls, certain types of activities having to do with the storage of unregistered vehicles within the Town of Palmer while at the same time protecting and preserving the residential atmosphere of the various neighborhoods of the Town.
[HISTORY: Adopted by the Town of Palmer 11-22-1999 STM by Art. II; amended in its entirety 2-7-2007 by Ord. No. 2007-06 (Ch. 164 of the 2007 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Motor vehicles or trailers used exclusively and specifically by a farmer, as defined in MGL c. 90, § 1.
A building, as defined in the Palmer Zoning Ordinances,[1] designed and constructed for the storage of motor vehicles, for which a permit is required to erect or construct. For the purposes of this chapter, the term "garage" does not include any structure whose exterior walls and/or roof are made of tarpaulin-type material.
Not capable of being used as such in its existing condition by reason of being damaged or dismantled or failing to contain parts necessary for operation.
Capable of being used in its existing condition for the purpose for which it was designed.
Any vehicle or object on wheels defined as such in MGL c. 90, § 1.
A cover designed specifically for the purpose of covering motor vehicles or trailers. For purposes of this chapter, a general-purpose tarpaulin shall not be considered a vehicle cover.
Any property owner, or any other person with the permission of the property owner, may store, or permit to be stored, one unregistered motor vehicle or trailer, or one registered motor vehicle or trailer not in operating condition, on said property owner's premises. Any motor vehicle or trailer or major parts thereof, whether registered or unregistered, stored pursuant to this section that are not in operating condition shall, if visible from any public street or way, or from any abutting property, be covered with a vehicle cover.
No property owner, or any other person, may store or permit to be stored more than one unregistered motor vehicle or trailer or more than one registered vehicle not in operating condition on said property owner's premises unless:
A.
Any property owner, or other person with the permission of the property owner, seeking to store more than one unregistered vehicle or more than one registered vehicle not in operation condition ungaraged on the property owner's premises must make application for said storage to the Town Manager's office. Upon receipt of an application to store unregistered vehicles or registered vehicles not in operating condition, the Town Manager or his/her designee shall hold a public hearing on the issue within 45 days of receipt of such application.
B.
Authorization to store more than one unregistered vehicle or more than one registered vehicle not in operating condition shall be granted by the Town Manager or his/her designee only if, as a result of the public hearing, the Town Manager or his/her designee finds that no hazards to health or safety are involved and no unsightly conditions visible from public streets or ways, or abutting properties, exist or will be created by the storage of said vehicles.
C.
Prior to any public hearing, the Board of Health will conduct an inspection and investigation of the property in question. The Board of Health shall submit a written report to the Town Manager's office describing any issues or concerns it has. This written report will be read at and become part of the record of the public hearing.
A.
Legal notice of any public hearing held pursuant to this chapter shall be given by:
(1)
Posting a legal notice in a newspaper of general circulation at least seven days prior to the date of the public hearing.
(2)
Sending notification to all abutters, within 300 feet of any part of the storage property, via certified letter with a return receipt at least seven days prior to the date of the public hearing. Said return receipts shall be provided to the Town Manager or his/her designee at the time of the public hearing. Failure to provide return receipts may be grounds for disapproval of the application for storage.
B.
Any and all costs associated with giving notice of the public hearing shall be borne by the applicant.
This chapter shall not apply to:
This chapter may be enforced by the Police Department, the Zoning Enforcement Officer, or the Town Manager or his/her designee.
A.
Criminal complaint. Whoever violates any of the provisions of this chapter may be penalized by indictment or on complaint brought in the District Court. Except as may otherwise be provided by law, and as the District Court may see fit to impose, the maximum penalty for any violation of these provisions shall be $300 for each offense. Each day on which a violation exists shall be deemed to be a separate offense; or
B.
Noncriminal disposition. Whoever violates any provision of this chapter may be penalized by noncriminal disposition as provided in MGL c. 40, § 21D and may be punished by a noncriminal fine of $50 for the first offense, $100 for the second offense, and $200 for the third and subsequent offenses. Each day a violation continues shall constitute a separate offense.
Any property owner, or any other person with the permission of the property owner, who, at the time this chapter takes effect, is in violation of any section(s) of this chapter shall have 90 days to come into compliance.
In the event any section or provision of this chapter is declared invalid or unconstitutional, the remaining sections and provisions shall remain in full force and effect.