[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury as indicated in article histories. Amendments noted where applicable.]
Article I Parking and Storage on Residential Property
[Adopted 12-23-1999 by L.L. No. 12-1999]
The Board of Trustees of the Incorporated Village of Old Westbury (hereinafter the "Board") hereby finds that the parking of any vehicle other than on a driveway or in a garage, or the parking and/or storage of commercial and recreational vehicles, junked vehicles and boats other than in an enclosed garage, creates a visual blight within the Incorporated Village of Old Westbury (hereinafter the "Village") which robs the Village of its rural, residential character and which adversely affects the aesthetics and property values therein. Similarly, the Board finds that the parking of more than one horse trailer adversely affects the aesthetics and property values of the surrounding community. The Board further finds that the outdoor parking and/or storage of junked vehicles, recreational vehicles and boats on residential property poses a potential safety hazard inasmuch as they can not be readily moved in cases of fire or other emergency.
It is the intent of this chapter to regulate the parking and storage of vehicles, horse trailers and boats in a manner which will preserve the Village's rural, residential character, protect the aesthetics and property values within the Village and otherwise promote the health, safety and general welfare of its residents.
As used in this chapter, the following terms shall have the meanings indicated:
- Any vessel, watercraft or other contrivance used or capable of being used as a means of transportation in the water.
- COMMERCIAL VEHICLE
- Any truck, tractor, machinery, school bus, trailer, boat or other vehicle used for the transportation for compensation or for hire of persons or property. For the purposes of this definition, a limousine is deemed to be a commercial vehicle. Lack of a commercial license plate or commercial registration shall not be conclusive proof that a vehicle is not a commercial vehicle within this definition.
- A paved surface or pathway which extends from a portion of a lot and leads directly to a curb-cut on an adjacent street. For the purposes of this definition, a paved surface or pathway shall include those constructed of, or covered with, an all-weather surface such as gravel, macadam, asphalt, concrete or other material approved by the Village Building Department.
- ENCLOSED GARAGE
- Any building or structure enclosed on all sides by walls, columns and doors and which is capable of being used for the storage of one or more vehicles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot, and which in all respects complies with the applicable zoning laws, rules and regulations, including but not limited to all setback requirements.
- HORSE TRAILER
- Any vehicle used or capable of being used to carry and transport horses.
- JUNKED VEHICLE
- Any vehicle, including a trailer, which is not duly registered pursuant to Vehicle and Traffic Law § 401 or is in a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition.
- Leaving a vehicle unoccupied, standing motionless and unattended for an interval of time longer than is reasonably necessary to load or unload passengers or freight. For the purposes of this chapter, parking shall also include the storage of boats and vehicles.
- RECREATIONAL VEHICLE
- Any vehicle, including a trailer, which is constructed, altered or otherwise designed to be used to transport persons and/or personal possessions for recreational purposes by its operator. For the purposes of this definition, mobile homes, motor homes, tent trailer(s) and campers are deemed to be recreational vehicles.
- RESIDENTIAL PROPERTY
- Those premises located within the geographical boundaries of the BB Residence District, B-4 Residence District, B Residence District, A Residence District or C Residence District as shown on the Building Zone Map of the Incorporated Village of Old Westbury.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, off-highway trail, waterway or snow, except devices propelled by muscular power and electrically driven mobility-assistance devices operated or driven by a person with a disability. For the purposes of this definition, a trailer is deemed to be a vehicle.
Editor's Note: The Zoning Map is on file in the office of the Village Clerk.
The parking of any vehicle, other than commercial vehicles, junked vehicles and recreational vehicles, on residential property other than on a driveway or in an enclosed garage is prohibited.
Except as provided in § 145-5 herein, the parking of a commercial vehicle on residential property is prohibited, unless said vehicle is in an enclosed garage or has been parked on the property for an interval of time not to exceed 12 hours by persons performing work or other services at or upon the property.
The parking of junked vehicles, other than in an enclosed garage, is prohibited on residential property.
The parking of recreational vehicles, other than in an enclosed garage, is prohibited on residential property.
The parking of any horse trailer on residential property, other than on a driveway or in an enclosed garage, is prohibited. The parking of more than one horse trailer is prohibited on residential property.
The parking of any horse trailer having the capacity to carry and transport more than two horses simultaneously is prohibited on residential property.
The parking of boats, other than in an enclosed garage, is prohibited on residential property.
Anything herein to the contrary notwithstanding, an exemption from the above may be granted upon a demonstration that the exemption sought is not injurious to the public health, safety and welfare by issuance, for a period not to exceed 30 days, of a certificate of exemption, by application of the property owner to the Village Clerk.
In the event that the restrictions imposed by this chapter create an economic or other hardship, an application may be made by the property owner to the Board of Trustees, which Board is hereby authorized to issue, after appropriate hearing, additional certificates of exemption.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 for each offense. Each day that a violation exists or continues shall be deemed a separate offense.