[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:
A vessel capable of carrying one or more people and intended
for use on or in water.
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.
A motorized, self-propelled vehicle containing sleeping and
other facilities for habitation.
Any vehicle used in connection with any business or trade,
with the exception of the automobile of a salesman, professional person
or the like.
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.
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.
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.
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.
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.
The standing of a vehicle, whether occupied or not, on public
or private property.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
A detachable trailer for hauling freight, having its forward
end supported by the rear of its truck tractor when attached.
The parking of a vehicle for a period in excess of 24 hours.
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]
A short truck with a body containing only a cab for the driver,
used to haul detachable trailers.
A combination trucking unit consisting of a tractor and a
trailer or semitrailer.
A vehicle drawn or towed by another vehicle, except motorcycle
sidecars.
A trailer intended for the purpose of moving boats from place
to place.
A trailer containing sleeping and other facilities, the outside
walls of which are partially collapsible into the body of the trailer
to facilitate towing.
A trailer containing sleeping and other facilities, the outside
walls of which are of rigid materials.
A trailer generally used for the hauling of miscellaneous
household and yard materials.
Each of the afore-defined devices, vessels and 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. The exception and exclusion herein does not apply to §§ 128-6, 128-7 and 128-8.
[Amended 5-10-2021 by L.L. No. 2-2021]
The Incorporated Village of Sea Cliff.
A.Â
No camper, camper trailer, mobile home or house trailer
shall be stored outside at any place in the Village on public property.
B.Â
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.Â
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)Â
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)Â
Such vehicle shall only be parked or stored in a driveway
or garage.
(3)Â
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.
(5)Â
Such vehicle must belong to an owner or occupant of
the premises upon which it is being parked or stored.
A.Â
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.Â
A boat having an overall length of 20 feet or less
may be stored on private property subject to the following regulations:
(1)Â
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)Â
Such storage must be in the rear yard of any property
containing a building.
(3)Â
The storage of such boat shall not preempt the use
of space needed for the off-street parking of other vehicles.
(4)Â
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.Â
No commercial vehicle of any length shall be stored
outside at any place in the Village on public property.
B.Â
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.Â
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.Â
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)Â
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)Â
Such vehicle shall only be parked or stored in a driveway
or garage.
(3)Â
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)Â
The parking or storage of such vehicle shall be in
full compliance with the vehicle and traffic regulations of this Code.
(5)Â
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.Â
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.
C.Â
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.
D.Â
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.Â
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.
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.Â
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.Â
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.Â
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.Â
A storage container may not be more than 100 square
feet, and no more than eight feet in height.
E.Â
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.Â
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.Â
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.Â
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.
