Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 16-1979, effective 10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets and summonses — See Ch. 4.
Beaches, parks and public areas — See Ch. 43.
Health and safety — See Ch. 78.
Streets and sidewalks — See Ch. 110.
Temporary habitation — See Ch. 119.
Abandoned vehicles — See Ch. 123.
Vehicles and traffic — See Ch. 125.
Waterways and boats — See Ch. 132.
Zoning — See Ch. 138.
Schedule of fees — See Ch. A142.
For the purposes of this chapter, the terms used herein are defined as follows:
BOAT
A vessel capable of carrying one or more people and intended for use on or in water.
BUILDING
A relatively permanent, essentially boxlike structure having a roof and enclosing within its walls space for any of a wide variety of activities, such as living, entertaining, manufacturing, etc. As used in this chapter the word "building" refers to principal buildings and accessory buildings unless specifically distinguished.
CAMPER
A motorized, self-propelled vehicle containing sleeping and other facilities for habitation.
COMMERCIAL VEHICLE
Any vehicle used in connection with any business or trade, with the exception of the automobile of a salesman, professional person or the like.
CONSTRUCTION VEHICLE
A commercial vehicle customarily used in the construction trades, including but not limited to vehicles used for excavation and moving of earth and vehicles used for hauling of construction materials.
DWELLING UNIT
A separately contained housekeeping unit within a building, designed and intended for use by one family, and having facilities for cooking, eating and sleeping therein.
FAMILY
Any number of individuals related by blood, marriage or legal adoption, plus no more than one other person not falling within any of the above categories, living and cooking together as a single housekeeping unit and occupying one dwelling unit.
MOBILE HOME
A structure mounted on axles and wheels, containing living facilities, and which may be towed by automobile or truck from place to place. Such structure will be considered a "mobile home" for purposes of this chapter whether or not the wheels and axles are still in place.
MOTORCYCLE
An unenclosed vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.
PARK or PARKING
The standing of a vehicle, whether occupied or not, on public or private property.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
REAR YARD
The area across the full width of a lot, extending from the rear line of the principal building to the rear property line of the lot, and bounded by the side property lines.
SEMITRAILER
A detachable trailer for hauling freight, having its forward end supported by the rear of its truck tractor when attached.
STORAGE
The parking of a vehicle for a period in excess of 24 hours.
STORAGE CONTAINER
Any container intended for the purpose of storing or keeping household goods or other personal property that is intended to be filled, refilled or emptied while located outdoors on residential property, and later removed from the property. Such containers include portable on demand storage (PODS®) containers, and all other portable storage units, but do not include sheds or garbage containers.
[Added 12-8-2008 by L.L. No. 13-2008]
TRACTOR
A short truck with a body containing only a cab for the driver, used to haul detachable trailers.
TRACTOR-TRAILER
A combination trucking unit consisting of a tractor and a trailer or semitrailer.
TRAILER
A vehicle drawn or towed by another vehicle, except motorcycle sidecars.
TRAILER, BOAT
A trailer intended for the purpose of moving boats from place to place.
TRAILER, CAMPER
A trailer containing sleeping and other facilities, the outside walls of which are partially collapsible into the body of the trailer to facilitate towing.
TRAILER, HOUSE
A trailer containing sleeping and other facilities, the outside walls of which are of rigid materials.
TRAILER, UTILITY
A trailer generally used for the hauling of miscellaneous household and yard materials.
VEHICLE
All of the foregoing vessels, vehicles, structures and trailers, and also including every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power and excluding motorcycles and automobiles primarily intended for personal use.
VILLAGE
The Incorporated Village of Sea Cliff.
A. 
No camper, camper trailer, mobile home or house trailer shall be stored outside at any place in the Village on public property.
B. 
No camper, camper trailer, mobile home or house trailer having an overall length in excess of 20 feet shall be parked at any place in the Village on public property, nor shall any such vehicle be parked or stored outside on private property without first obtaining a permit from the Board of Trustees, following a public hearing, unless such hearing is waived by the Board of Trustees.
C. 
A camper, camper trailer, mobile home or house trailer having an overall length of 20 feet or less may be parked on public property, and may be parked or stored outside on private property subject to the following regulations:
(1) 
Only one such vehicle per family may be parked or stored on any lot containing the dwelling unit of such family. The foregoing notwithstanding, there shall be no restriction on the number of such vehicles parked or stored within an enclosed garage.
(2) 
Such vehicle shall only be parked or stored in a driveway or garage.
(3) 
The parking or storage of such vehicle shall be in full compliance with the off-street parking requirements of this Code[1] and shall not preempt the use of space needed for the off-street parking of other vehicles.
[1]
Editor's Note: See Ch. 138, Zoning, regarding all off-street parking requirements.
(4) 
The parking or storage of such vehicle shall be in full compliance with the vehicle and traffic regulations of this Code.[2]
[2]
Editor's Note: See Ch. 125, Vehicles and Traffic.
(5) 
Such vehicle must belong to an owner or occupant of the premises upon which it is being parked or stored.
(6) 
Such vehicle shall not be used for any residential purpose except in accordance with the temporary habitation provisions of this Code.[3]
[3]
Editor's Note: See Ch. 119, Temporary Habitation.
A. 
No boat shall be stored outside at any place in the Village on public property, and no boat having an overall length in excess of 20 feet shall be stored outside at any place in the Village on private property without first obtaining a permit from the Board of Trustees, following a public hearing, unless such hearing is waived by the Board of Trustees.
B. 
A boat having an overall length of 20 feet or less may be stored on private property subject to the following regulations:
(1) 
No more than two such boats per family may be stored on any lot containing the dwelling unit of such family. The foregoing notwithstanding, there shall be no restriction on the number of such boats stored within an enclosed garage.
(2) 
Such storage must be in the rear yard of any property containing a building.
(3) 
The storage of such boat shall not preempt the use of space needed for the off-street parking of other vehicles.
(4) 
Such boat must belong to the owner or occupant of the premises upon which it is being stored.
The application for a permit for the parking or storage of any vehicle hereunder shall be accompanied by the consent, in writing, of at least 75% of all adult residents living within 200 feet of the outer extremities of the applicant's property. The fee and duration of such permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Village Clerk. The form for such application shall be as prescribed by the Village Clerk.
A. 
No commercial vehicle of any length shall be stored outside at any place in the Village on public property.
B. 
No commercial vehicle having an overall length in excess of 20 feet nor any tractor, tractor-trailer, semitrailer or construction vehicle of any length shall be stored outside on any private property in a residence district.
C. 
No commercial vehicle having an overall length in excess of 20 feet nor any tractor, tractor-trailer, semitrailer or construction vehicle of any length shall be parked on any public or private property in a residence district unless temporarily in connection with a bona-fide commercial service, sales or delivery visit to such property.
D. 
A commercial vehicle which is not a tractor, tractor-trailer, semitrailer or construction vehicle, having an overall length of 20 feet or less, may be parked on public property in a residence district, and may be parked or stored outside on private property in a residence district subject to the following regulations:
(1) 
Only one such vehicle per family may be parked or stored on any lot containing the dwelling unit of such family. The foregoing notwithstanding, a maximum of two such vehicles may be parked or stored on such lot, provided that one of the vehicles is parked or stored within an enclosed garage or is completely screened from public view.
(2) 
Such vehicle shall only be parked or stored in a driveway or garage.
(3) 
The parking or storage of such vehicle shall be in full compliance with the off-street parking requirements of this Code and shall not preempt the use of space needed for the off-street parking of other vehicles.
(4) 
The parking or storage of such vehicle shall be in full compliance with the vehicle and traffic regulations of this Code.
(5) 
Such vehicle must belong to an owner or occupant of the premises upon which it is being parked or stored.
No vehicle shall be parked or stored outside on any privately owned vacant property in a residence district held in single and separate ownership.
A. 
The outside storage of unlicensed, inoperative and discarded vehicles upon privately owned properties within the Village of Sea Cliff is a source of annoyance to members of the public and to owners and occupants of adjacent land. The outdoor storage of such vehicles on private land is unsightly and constitutes an attractive nuisance to children and a peril to their safety. It depreciates the value of neighboring properties. The preservation of peace and good order, the protection of public health and property and the prevention of fires and explosion compels legislation upon this subject. It is therefore declared that the purpose of this section is the effective termination of such obnoxious practices.
B. 
No property shall be used for the outside storage of unlicensed, inoperative or discarded vehicles (with the exception of unlicensed or inoperative boats), except as may otherwise be permitted in a business district.[2]
[2]
Editor's Note: See Ch. 138, Zoning.
C. 
Any duly authorized police officer, judicial officer or designated officer or employee of the Village of Sea Cliff may, by service of a summons or appearance ticket,[3] require the owner, occupant or person having charge of the property on which a violation of this chapter exists to appear before the Village Justice of the Incorporated Village of Sea Cliff. The Village Justice shall be empowered to direct that any vehicle or vehicles be removed and the violation corrected within 15 days from the return date of the summons or appearance ticket.
[3]
Editor's Note: See Ch. 4, Appearance Tickets and Summonses; Village Justice court.
D. 
In the event that the violation is not removed or corrected within such time as shall be provided by the Village Justice Court, the Village, after 15 days' notice to the property owner served personally or mailed to his last known address, may order its authorized agent to perform such work as shall be necessary to remove or correct the violation and assess the costs thereof against the land, to be a lien against the property and to be collected as taxes are collected pursuant to law. Any vehicle removed from the property may be sold at public sale or destroyed. This remedy shall be in addition to any other penalty which may be imposed or provided by law.
E. 
The provisions of this section shall not prohibit the storage of vehicles inside an enclosed garage or other building located on the property, subject to the foregoing restrictions of this chapter as to the maximum number of such vehicles which may be stored.
F. 
The outside storage of unlicensed, inoperative or discarded vehicles, where permitted, shall be in full compliance with the health and safety regulations of this Code.[4]
[4]
Editor's Note: See Ch. 78, Health and Safety, Control and Elimination of Health Hazards and Dangerous conditions.
[1]
Editor's Note: See Ch. 123, Vehicles, Abandoned, for provisions dealing with abandoned motor vehicles.
No major repairs, whether involving the dismantling of vehicles or not, shall be made to such vehicles outside of enclosed buildings. Minor repairs, such as but not limited to engine tuning, changing of spark plugs, changing of oil, changing of tires and similar procedures, shall be permitted. The provisions of this section shall not prohibit the repair of vehicles inside an enclosed garage or other building. Nothing herein shall be construed as permitting the commercial repair of vehicles in residence districts.
[Added 12-8-2008 by L.L. No. 13-2008]
A. 
Outdoor storage containers are permitted on private residential properties only as provided herein. No outdoor storage containers are permitted on properties in the Village except as provided herein. No outdoor storage container is permitted on any property not used as a single-family residence. Not more than one outdoor storage container is permitted on any private property at any one time.
B. 
It shall be unlawful for any person, firm or corporation to place, keep or maintain any storage container on any property improved with a single-family dwelling for more than two weeks without first securing a permit as provided herein.
C. 
Any person seeking to place, keep or maintain a storage container for more than two weeks on private residential property shall file an application for a permit with the Building Department. No permit is required if the storage container shall be located on the private residential property for no more than two weeks.
D. 
A storage container may not be more than 100 square feet, and no more than eight feet in height.
E. 
Any storage container, whether or not subject to the permit requirement as provided herein, shall be set back from any side property line a minimum of five feet, from the front property line a minimum of five feet, and also be a minimum of five feet away from any structures on the property. In granting such permit, the Building Superintendent shall consider the rights of adjacent property owners and impact on vehicular or pedestrian traffic so that there will not be any unreasonable deprivation of light, air or a reasonable use of adjoining property, or an impact to vehicular or pedestrian traffic.
F. 
The Building Superintendent is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provisions of this subsection in that the storage container is being maintained in an unsafe manner as to cause a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the application or such other address as appears in the records of the Building Department.
G. 
The length of time a storage container shall be permitted to remain pursuant to a permit shall be 90 days with up to one ninety-day extension. Such extension shall be granted only upon written request to the Building Department. A further extension shall be permitted only upon good cause demonstrated to the Board of Trustees. It shall be mandatory that the storage container be removed at the end of the permitted period of time.
H. 
Any storage container located on private property on the date of the adoption of this section and intended to remain on such private property for a period of at least 14 days after such adoption shall be removed unless the property owner obtains a permit as required herein. Such permit shall be sought no later than 14 days after the adoption of this section.
I. 
Storage containers are not deemed to be accessory or ancillary structures as those terms are defined in Chapter 138.
J. 
The fee for the permit required herein shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application.