[Adopted 7-20-1999 by L.L. No. 11-1999]
As used in this article, the following terms
shall have the meanings indicated:
An enclosed structure with no foundation used for storage.
A vehicle, not propelled by its own power, which is capable
of being drawn on the public highways by a motor vehicle, including
but not limited to non-self-propelled vehicles used as living or sleeping
quarters, as offices or for commercial storage or construction purposes,
but excluding vehicles used to carry boats.
A.
It shall be unlawful for any person owning any land
within the Town or occupying the same as a tenant or otherwise to
use or permit such land or any part thereof to be used for the storage,
parking or maintenance thereon of any trailer or container without
a permit granted by the Commissioner of the Department of Planning
and Development.
B.
The presence of any such trailer or trailers or container
or containers upon any land in the Town shall be presumptive evidence
that such trailer or trailers or container or containers are maintained
and parked thereon in violation of this section and with the express
knowledge and consent of the owner of the land, the lessee of the
land, if any, and the owner and/or custodian of the trailer or trailers
or container or containers.
C.
The foregoing shall not apply to the storage of trailers or containers inside public or private garages; nor to a house trailer used by a family on a residential parcel during the 90 days following a fire or other casualty in the dwelling on said parcel if such dwelling has been rendered uninhabitable as a result of such fire or other casualty; nor to trailers duly registered with a State Department of Motor Vehicles or equivalent, designed and used to transport goods over the road to and from loading and unloading facilities in the industrial zone and which trailers must further be insured and have a valid Federal Highway Authority (FHWA) stamp appropriately affixed thereto, or to mobile dwellings when permitted by Article XX of this chapter.
[Amended 9-7-1999 by L.L. No. 18-1999]
D.
No such duly registered transport trailer shall be
stored, parked or maintained in any parking area of any lot if the
result would be to reduce the available off-street parking on the
lot below the minimum off-street parking required by this Code, nor
shall any such duly registered transport trailer be stored, parked
or maintained in the front yard or designated landscaped area of any
lot.
E.
This section shall not prohibit the parking of any
recreational vehicle or camper by the owner thereof upon the premises
where such owner actually resides, provided that such vehicle or camper
shall not be used for living or sleeping quarters on such premises
and is registered with the New York State Department of Motor Vehicles.
A.
Any person owning any land within the Town or occupying
the same as tenant or otherwise who shall hereafter desire to use
or permit such land or any part thereof to be used for the storage,
parking or maintenance of a trailer or container not otherwise excluded
in this article shall, before such use is made and annually thereafter,
obtain a permit therefore in the following manner.
B.
Application in writing shall be made to the Commissioner
of the Department of Planning and Development for the issuance to
the applicant of a permit, which application shall state and illustrate
in detail, by means of such documentation, plans and visual aids as
are required by the Commissioner, the particulars of the applicant's
request.
C.
The Commissioner shall grant such application if the
health, safety and welfare of the residents of the surrounding area
would not be adversely affected by such use and that the proposed
use will be in harmony and accordance with the general purpose, intent,
comprehensive plan and design set forth in the Code, will be in accordance
with the character of the district and its peculiar suitability for
the proposed use and will serve to conserve the value of buildings
and land and encourage the most appropriate use of land throughout
the Town.
D.
As a condition of the permit, the premises shall be
free of rubbish and debris and suitably landscaped and maintained
as shall be determined by the Commissioner.
A.
There shall be an application fee and a permit fee
to be set from time to time by the Town Board.
B.
The permit granted under this article shall be valid
for one year. Renewal applications shall be submitted to the Commissioner
at least 30 days prior to expiration of the permit. Renewals of permits
shall be effective for one-year terms above described.
C.
Commencing 90 days after the effective date of this
article, where use is made of any land or any part thereof for storage,
parking or maintenance of a trailer or container prior to obtaining
a permit or with an expired permit from the Commissioner, the fee
will be doubled.
A.
This article shall take effect September 1, 1999,
and shall also apply to all trailers and containers currently stored,
parked or maintained on any land within the Town, where such was not
otherwise previously approved by the Town Board or the Board of Appeals,
whereupon this article shall apply upon the expiration of any previous
approval.
B.
No permit may be issued by the Commissioner where
an application for the same or similar permission was previously denied
by the Town Board, Board of Appeals or Planning Board.
