[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley 9-4-2007
by L.L. No. 13-2007. Amendments noted where applicable.]
The purpose of this chapter is to regulate the use and placement of
mobile storage trailers in the Village of Ardsley, to provide for the safe
and prudent use of the commercial zones, to prevent blight and to otherwise
provide for the general welfare.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
An assembly of materials which is so designed, constructed or reconstructed
to make it portable and capable of movement from one site to another, designed
to be used without a permanent foundation, designed with the purpose of storing
tangible property and not for occupancy by persons, and to have one dimension
exceeding 10 feet. Mobile storage trailers, as defined herein, are prohibited
in the Village of Ardsley, except as specifically provided for herein.
Mobile storage trailers shall be permitted only in those zones designated
as B-1, B-2 and B-3 in the Zoning Code of the Village of Ardsley.[1]
Mobile storage trailers shall be permitted in the Village of Ardsley
only upon the issuance of a special permit by the Building Inspector upon
the showing of special circumstances and upon review and approval of the Building
Inspector, the Fire Inspector, the Superintendent of Public Work and the Chief
of Police. Special circumstances are those circumstances unique to the property
owner or tenant, that are not self-created, but are temporary in nature and
without which the regular and ordinary course of business could not be conducted
without significant hardship.
The applicant, both property owner and tenant, shall submit, in the
form and substance required by the Village, the following:
A.
A design, drawing or representation, drawn to scale, of the proposed
trailer. The trailer must not exceed 40 feet in length and shall be not greater
than 2,500 cubic feet in size, is not greater than eight feet in height from
the bed of the structure, is not greater than 13 1/2 feet in height measured
from the ground to the top of the structure and is not greater than eight
feet in width. At no time shall the trailer exceed the height of the building
behind which it is located nor be visible from the front of the building where
it is located.
B.
Whether the mobile storage trailer shall be permitted shall be
determined by the rear yard coverage limitations for an accessory structure
contained in the Zoning Code of the Village of Ardsley,[1] together with any requirements for access by emergency or fire
apparatus.
C.
Mobile storage trailers shall not be located in or impede the
use of any parking area, aisle, loading area or driveway.
D.
Mobile storage trailers shall not be located in the public right-of-way.
E.
Mobile storage trailers shall be located on private property
and only in the rear yard of the principal structure of that property as described
by the Zoning Code of the Village of Ardsley.
F.
Mobile storage structures shall be properly buffered so they
are screened from view from any adjacent public way or residential use.
G.
No public utilities may at any time be hooked up to the mobile
storage trailer or any refrigeration units.
H.
No materials classified as high hazard pursuant to the New York
State Building Code nor any perishable or food items may be stored in any
mobile storage trailer.
A.
Applications for mobile storage trailers shall be made to the
Village Clerk, who will forward it, when complete, to the Building Inspector,
Fire Inspector, Superintendent of Public Work and Chief of Police for their
approval. Included with the application shall be a nonrefundable permit application
fee of $100 per mobile storage trailer. If approved, there shall be an additional
fee of $100 per month for each and every month that the trailer is located
on the property. Both the property owner and the tenant shall be jointly and
severally liable for all fees.
B.
Upon completion and review of the application by the foregoing,
it shall be forwarded to the Building Inspector of the Village of Ardsley
for the final review. If approved, the permit shall be issued for a period
to three months. The applicant(s) shall be entitled to one three-month renewal.
There shall be no provision for any further renewals for this location for
these applicants. Each location shall be entitled to one permit in a thirty-six-month
period.
C.
The granting of any permit is personal in nature, does not run
with the land, nor does it confer any property right.
This chapter shall not preclude the use of storage trailers as otherwise
provided for in the General Code of the Village of Ardsley, including, but
not limited to, storage containers used during the construction period on
those properties where a valid building permit is in effect.
Any applicant aggrieved by any determination of the Building Inspector
may appeal that determination within 30 days to the Zoning Board of the Village
of Ardsley. Such appeal shall be heard and determined in the same manner as
a use variance.
Any property owner and/or tenant in violation of the provisions of this
chapter shall be liable for a fine of $100 per day for each and every day
the violation continues. For the purpose of this chapter, both the property
owner and the tenant, if any, shall be jointly and severally liable for all
penalties and assessments.
