[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
4-8-2003 by L.L. No. 6-2003. Amendments noted where applicable.]
The purpose of this chapter is to regulate the parking and storage of
recreational and commercial vehicles in all residential districts and on properties
used as residences, so as to promote safe vehicular and pedestrian traffic,
to preserve peace and good order, to preserve the aesthetic beauty and residential
character of the community, to preserve and enhance the value of properties
within the districts, and to protect the health, safety, and general welfare
of the citizens of the Village of Pittsford.
As used in this chapter, the following terms shall have the meanings
indicated:
Any vehicle designed for or used in conjunction with any business,
trade, entity, or event other than residential use.
Any vehicle or equipment customarily used in the construction trades,
including but not limited to vehicles and equipment used for excavating, moving
of earth, or hauling of materials or vehicles.
A motorboat over 18 feet in length, a motor home, or a camp trailer,
pickup camper, or pop-up camp trailer.
The standing of vehicles or equipment, whether occupied or not, on
public or private property outside of a building.
The parking of vehicles or equipment for a period in excess of 10
days. The incidental movement of the vehicle or equipment on or off the property
shall not affect the calculation of the ten-day time period.
The area between the line of the principal structure on the lot and
the street line, bounded on both sides by the lot lines perpendicular to the
street. On lots abutting more than one street, the front yard shall include
the area between the lines of the principal structure and all street lines,
bounded on all sides by the lot lines perpendicular to the streets.
The area between the line of the principal structure on a lot and
the rear lot line, provided that said area is not part of a front or side
yard.
The area between the line of the principal structure on the lot and
the lot line perpendicular to the street, provided said area is not part of
a front yard.
[NOTE: Definitions of front, side, and rear yards will probably be included
in the regular definition section of the Zoning Ordinance.]
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A.
No recreational vehicle shall be parked outside on any
public street, property or right of way for more than 24 hours.
B.
Any recreational vehicle stored on private property must
be owned by a resident of the premises and be operable and in condition for
its intended use. The fact that a recreational vehicle is not moved off the
property for period of one year shall be presumptive evidence that the vehicle
is inoperable.
D.
A recreational vehicle can be stored in a side or rear
yard, provided that it shall:
(1)
Not be stored within the side or rear setback for the
district.
(2)
Be stored parallel to and within 10 feet of the principal
structure or a detached garage or barn.
(3)
Not exceed in length the dimension of the adjacent structure
plus six feet, or 35 feet, whichever is less.
(4)
Be provided with either an evergreen screening or a solid
fence, planted or installed between the vehicle and the property line. Such
fence shall be the maximum height permitted in the district, unless the actual
height of the recreational vehicle is less. Evergreens shall be a minimum
of four feet high when planted and shall be allowed to grow and shall be maintained
at a minimum height of eight feet. The required screening must be at least
the length of the vehicle and must be placed as near as possible to the recreational
vehicle so as to maximize the effectiveness of said screening.
E.
A maximum of two recreational vehicles may be stored
outside. Only one such vehicle may be equal to or exceed ten feet in height
or 25 feet in length.
F.
No recreational vehicle shall be used for residential
purposes, except that visiting guests owning or operating such vehicles may
occupy them for a period of 10 days. The occupants of such vehicles must be
guests of the residents of the premises. The Building Inspector may issue
a permit for visitors to occupy a recreational vehicle for a time period not
to exceed 16 days.
G.
Recreational vehicles shall not be connected to electricity, water, or other utilities unless they are being used pursuant to Subsection F above or being prepared for use or storage by the owner.
H.
The calculated length of a recreational vehicle shall
not include the tongue portion of a trailer or appendages and accessories
such as motors, propellers, ladders, or storage racks.
I.
The Zoning Board of Appeals may grant a special exception use in accordance with Chapter 210, § 210-113B(2), to allow for relief from the requirements of § 150-3C, D, and E, of this chapter. The Zoning Board of Appeals shall consider the terrain of the property of the applicant, the surrounding neighborhood conditions, and the effect on adjacent properties that may result from the parking of a recreational vehicle. Any relief granted by the Zoning Board of Appeals shall include mitigating measures that minimize the visibility of the vehicle by considering the location of the vehicle and the use of screening.
A.
No commercial vehicle having an overall length in excess
of 18 feet, nor any semi-tractor, semi-tractor-trailer, semi-trailer, dump
truck, tow truck, bus, step van, freight van, flatbed or stake truck, or construction
vehicle or equipment of any length may be parked in any residential district
unless temporarily, in conjunction with a permitted construction project,
service, sales, or delivery to the property.
B.
One commercial vehicle which is not regulated by Subsection A above may be parked, but not stored, outside on private property in a residential district, provided that the vehicle:
(1)
Is owned by, or operated for an employer by, a resident
of the premises.
(2)
Is parked on a legally permitted driveway or in a garage.
(3)
Does not exceed one ton capacity, as designated by the
manufacturer of the vehicle, or 10,500 pounds' gross vehicle weight (GVW)
as indicated on the manufacturer's rating label or specifications. The owner
or operator of a vehicle must provide proof of ownership and/or vehicle weight
or capacity when requested by the Building Inspector.
(4)
Is not parked in a public street or right-of-way.
C.
In all business districts, parking facilities shall be used exclusively
for the parking of motor vehicles. Outside storage or display of materials
or merchandise, overnight parking of commercial vehicles with a capacity of
more than one ton, and storage of trailers is prohibited.
[Added 3-14-2006 by L.L. No. 2-2006[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
C as Subsection D.
[Added 3-14-2006 by L.L. No. 2-2006]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense; for
conviction of a second offense, both of which were committed within a period
of five years, subject to a fine not less than $350 nor more than $700 or
imprisonment for a period not to exceed six months, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within a period
of five years, subject to a fine not less than $700 nor more than $1,000 or
imprisonment for a period not to exceed six months, or both. However, for
the purpose of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors, and, for such purpose
only, all provisions of law relating to misdemeanors shall apply to such violations.
Each week’s continued violation shall constitute a separate additional
violation.