Many of the property lots within the Town are small in size, resulting in properties, including residences, being close to one another. The storage of vehicles on said lots may impact the visual appearance of the neighborhood, create congestion, or block the views and circulation of air. Such use may or may become injurious to the health, safety or welfare of persons in the Town. Therefore, in accordance with its authority to protect the health, safety and welfare of the Town, as well as personal property rights, the following code/bylaw provision is adopted.
[HISTORY: Adopted by the Town Meeting of the Town of Hull 5-7-2003 ATM by Art. 34 (Ch. 163 of the 1989 Code). Amendments noted where applicable.]
No motor home, camper, recreational or other vehicle adaptable for use as living quarters or other similar or like conveyance setup so as to be used for living quarters (hereafter called a trailer) shall be stationed, set up, parked or stored in any location or street or way within the Town without the owner of said property and the owner of said trailer first obtaining a "Trailer Storage Permit" for same from the Building Commissioner.
The provisions of this chapter shall not apply to the following:
A.
Boats and marine craft.
B.
The temporary stationing, setup, parking or storage of such trailers. As used in this chapter, temporary shall mean for a period of no longer than 10 days. Such trailers shall nonetheless be placed such that any disturbance or annoyance to neighbors and abutters is minimized. The Building Commissioner or his designee shall issue a temporary permit, and extensions thereto, for the temporary storage of such trailers for any time greater than 48 hours for a period not to exceed 10 days.
A.
Any person wishing to maintain a trailer otherwise prohibited under this chapter shall apply for a Storage Permit from the Building Commissioner. Said application shall include photographs of the trailer, a plot plan or other plan showing the layout of the property, any structures thereon, and any structures on any abutting lots from the proposed site. Said plan need not be done professionally, but must contain the requested information, and must show measurements to the lot lines of any structures and the proposed trailer location.
B.
The Building Commissioner, after reviewing the information, shall approve said application if he finds that the proposed location of the trailer meets the criteria set forth in Paragraph D. Said permit shall be valid only for the specific trailer approved. The permit shall be valid for one year from the date it is approved, with an automatic renewal taking place annually. The Building Commissioner using the rules of § 375-5 may revoke the automatic renewal.
C.
Except in circumstances provided for under G.L. C. 40A, section 3, where the owner and occupier of a residence which has been destroyed by fire or other natural holocaust seeks to place a manufactured home or trailer on the site or for use as a residence for a period not to exceed 12 months while the residence is being rebuilt, said trailer shall not be used for living purposes. While so stored, said trailer shall be maintained in good repair and shall not contain hazardous material, septic waste, or flammable materials.
D.
The location of said trailer shall not be within the setback areas as called for under the zoning bylaws of the Town.[1] Said trailer shall be not located within the front yard of the property unless within a driveway and meeting other conditions in this chapter. Lot coverage, including all structures, trailers and other items required by law to be included in lot coverage calculations, shall not exceed 50%. Trailer coverage area shall be calculated using its overall length times it widest girth.
E.
In the event that the property and trailer do not meet the standards set forth in Paragraph D, above, the applicant shall be denied the storage permit. The applicant may apply to the Select Board for a waiver of the requirements. The Board shall hold a hearing on said application commencing within 21 day of receipt of said application, notice of which shall be given to those entitled to notice of a hearing under G.L. C40A, section 15 and such others as the Board may deem having an interest in said application. Upon a finding of special necessity arising from circumstances unique to the property in question, the Board may waive in whole or in part strict compliance with Paragraph D. In approving any application which does not meet the standards set forth in Paragraph D, the Board may impose such reasonable conditions as it deems appropriate to minimize the adverse consequences of the trailer, including but not limited to the following:
[Amended 5-8-2021 ATM by Art. 6B]
A.
The Building Commissioner shall issue revised or modified permits, provided that the modification continues to meet the requirements of § 375-4D. In the event of a violation he may suspend or revoke the permit.
B.
In the event the holder disagrees with the Building Commissioner's finding of a violation, he may appeal his decision by requesting a hearing before the Board of Select Board Members. The hearing shall be held in accordance with § 375-4E. The hearing shall be for the purpose of determining whether there has been a violation of the permit or whether the maintenance of the trailer has caused adverse consequences to the community or neighborhood, or for other good cause the permit should be modified, suspended or revoked.
[Amended 5-8-2021 ATM by Art. 6B]
Any person or persons violating any of the provisions of Chapter 375 of the Code/Bylaws of the Town of Hull shall, upon conviction thereof, be punished by a fine not to exceed $100 for each violation. Each day's failure to comply with the provisions of Chapter 375 shall constitute a separate violation. This chapter may also be enforced by non-criminal disposition or by civil action without limiting any other method of enforcement.
Any clause, section or part of this chapter determined to be invalid by any court or authority of competent jurisdiction for any reason shall be severable from any other clause, section or part without affecting the validity of that which remains.