[Added 2-9-2004 by L.L. No. 2-2004; amended 4-24-2017 by L.L. No. 6-2017]
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.
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:
- COMMERCIAL VEHICLE
- 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.
- CONSTRUCTION VEHICLES OR EQUIPMENT
- 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.
- ENCLOSED GARAGE
- 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.
Except as provided herein, no vehicle or equipment shall be parked or stored, except on an approved or legally nonconforming driveway.
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.
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.
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.
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.
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.
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.