[Added 2-9-2004 by L.L. No. 2-2004; amended 4-24-2017 by L.L. No. 6-2017]
A.
The Board of Trustees of the Incorporated Village of Huntington Bay
(hereinafter the "Board") hereby finds that the parking of any vehicle
or equipment, other than on a driveway or in an enclosed garage, creates
a visual blight within the Incorporated Village of Huntington Bay
(hereinafter the "Village") which robs the Village of its residential
character, and which adversely affects the aesthetics and property
values therein.
B.
If is the intent of this article to regulate the parking and storage
of all vehicles and equipment, including commercial vehicles and construction
vehicles and equipment, in a manner which will preserve the Village's
residential character and 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 article, the following terms shall have the
meanings indicated:
Any truck, tractor, machinery, school bus, trailer, auto,
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, commercial registration or commercial identification
shall not be conclusive proof that a vehicle is not a commercial vehicle
within this definition.
Any vehicle or equipment, with or without wheels, and of
a type used primarily by the construction industries. Such equipment
may include, but is not limited to, bulldozers, backhoes, skid-steer
loaders, excavators, construction tractors, concrete mixers, dump
trucks, graders, hoists, power shovels, tank trucks, trenching machines
and water well drilling machinery.
Any paved or unpaved surface or pathway which has been approved
by the Village and which extends from a portion of a lot and leads
directly to a curb cut on an adjacent street.
Any building or structure enclosed on all sides by walls,
columns and doors and which is capable of being lawfully used for
the storage of one or more vehicles owned and used by the resident
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.
Leaving a vehicle or equipment unoccupied, standing motionless,
and unattended for an interval of time longer than is reasonably necessary
to load or unload passengers or freight or to perform its intended
functions. For purposes of this chapter, "parking" shall also include
"storage" of vehicles and equipment.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, off-highway trails,
waterway or snow, except devices propelled by muscular power and electrically
driven mobility assistant devices operated or driven by a person with
a disability.
A.
Except as provided herein, no vehicle or equipment shall be parked
or stored, except on an approved or legally nonconforming driveway.
B.
The parking or storage of a commercial vehicle or construction vehicle
or equipment on a lot in any residence district shall not be deemed
an accessory use and is prohibited except as otherwise provided herein.
(1)
A commercial vehicle or construction vehicle or equipment that is
owned and exclusively used by the resident of the lot may be parked
or stored on the lot within an enclosed garage.
(2)
A commercial vehicle or construction vehicle or equipment may be
temporarily parked or stored on a lot if said vehicle or equipment
is actively being used in connection with permitted construction or
excavation activities on the lot, for a period that is reasonably
necessary to complete said construction or excavation activities.
A.
Anything herein to the contrary notwithstanding an exemption from
the above may be granted upon 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.
B.
In the event that the restrictions imposed by this article 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.
C.
Municipal-owned property shall be exempt from the provisions of this
article.
Any person, firm or corporation violating any of the provisions
of this article 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.
