[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-2015 by L.L. No. 1-2015]
The purpose of this article 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 Spencerport.
This article is adopted pursuant to § 10 of the Municipal Home Rule Law of the State of New York.
As used in this article, the following terms shall have the meanings indicated:
- ANCILLARY VEHICLE
- Any type of trailer or similar equipment used for the transportation of items of personal property, including but not limited to: all-terrain vehicles, commercial equipment, snowmobiles, boats, personal watercraft and/or recreational vehicles as hereinafter defined.
- A vessel capable of carrying one or more people and intended for use on or in water.
- COMMERCIAL VEHICLE
- Any vehicle designed for or used in conjunction with any business, trade, entity, or event other than residential use.
- CONSTRUCTION VEHICLE
- 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.
- The private road giving access to an individual lot from a public or private roadway. For the purposes of this section, a driveway shall be limited to the area that is paved to give access to the lot. If the driveway is not paved, the driveway shall be limited to the area that is composed of the same material, i.e., stone, that is immediately adjacent to the public or private roadway to which the driveway is connected. For the purposes of this section, a driveway shall not exceed a width of 26 feet.
- PARK, PARKED, or PARKING
- The standing of vehicles or equipment, whether occupied or not, on public or private property outside of a building.
- RECREATIONAL VEHICLE
- A motor home, or a camp trailer, pickup camper, or pop-up camp trailer.
- 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.
- YARD, FRONT
- 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.
- YARD, REAR
- 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.
- YARD, SIDE
- 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.
In addition to any restrictions included in Chapter 310, Vehicles and Traffic, of the Code of the Village of Spencerport, no ancillary vehicle, recreational vehicle or boat shall be parked outside on any public street, property or right-of-way for more than 24 hours.
Any ancillary vehicle, recreational vehicle or boat 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 an ancillary vehicle, recreational vehicle or boat is not moved off the property for a period of one year shall be presumptive evidence that the vehicle is inoperable.
An ancillary vehicle, recreational vehicle or boat can be stored in a side or rear yard, provided that it shall:
A maximum of one ancillary vehicle, recreational vehicle or boat may be stored outside on any residential parcel.
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.
No commercial vehicle having an overall length in excess of 23 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.
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:
Is owned by, or operated for an employer by, a resident of the premises.
Is parked on a driveway or in a garage.
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 and/or Code Enforcement Officer.
Is not parked in a public street or right-of-way.
In all other 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.
The Zoning Board of Appeals may grant an exception to the provisions of this article by issuing a special permit in accordance with Chapter 340, Zoning, Article IX, of the Code of the Village of Spencerport, to allow for relief from the requirements of §§ 318-4C, D and E, and 318-5A. 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.
Any person who violates any provision of this article 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 article 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.