Brightwaters City Zoning Code
ARTICLE VIII
Parking and Storage of Vehicles, Trailers and Boats.
§ 128-53 Legislative findings.
The Village Board of Trustees finds that the unrestricted outside storage and parking of vehicles, trailers and boats on public and private property has an adverse impact on the visual character of the Village and diminishes the available open space required in the front, rear and side yards. In order to protect the residents from the adverse impact of such vehicles, the Board of Trustees determines that the parking and storage of such vehicles and boats shall be regulated as follows.
§ 128-54 Storage of campers and trailers.
A.
No camper, camper trailer, mobile home or house trailer shall be stored outside 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 stored or parked outside on private property. A camper, camper trailer, mobile home or house trailer 20 feet or less in length may be stored or parked outside on private property for up to 96 consecutive hours only upon obtaining a permit from the Village Clerk. No such permit shall be issued for the outside storage or parking of the same camper, camper trailer, mobile home or house trailer on any private property in the Village until the expiration of 180 days from the date of expiration of the last permit issued for it.
[Amended 10-19-1994 by L.L. No. 7-1994; 3-7-2005 by L.L. No. 5-2005]
C.
A camper, camper trailer, mobile home or house trailer having an overall length of 20 feet or less may be stored for more than 96 hours outside on private property subject to the following regulations:
(1)
Only one such vehicle per family may be stored for more than 96 hours on any lot containing the dwelling unit of such family. The foregoing notwithstanding, there shall be no restrictions 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 § 128-18 of this Code and shall not preempt the use of space needed for the off-street parking of other vehicles.
(4)
Such vehicle shall not be used for any residential purpose while parked or stored on public or residential property.
§ 128-55 Storage of boats.
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 25 feet shall be stored outside at any place in the Village on private property.
[Amended 6-6-1994 by L.L. No. 2-1994; 5-1-1995 by L.L. No. 2-1995]
B.
A boat having an overall length of 25 feet or less may be stored on private property subject to the following regulations:
(1)
No more than one such boat 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)
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 resident of the premises upon which it is being stored.
C.
Private property.
§ 128-56 Storage of commercial vehicles.
A.
Parking of commercially registered pickup trucks or vans having a maximum gross weight of less than 9,000 pounds, provided that either type of vehicle does not bear any commercial advertising or identification, is permitted in a residential district.
B.
All commercially registered vans, pickup trucks and other vehicles with a maximum gross weight of 9,000 pounds or more, and pickup trucks and vans having a maximum gross weight of less than 9,000 pounds bearing commercial identification or advertising, must be garaged and are prohibited from being left on the highways, driveways or yards for other than delivery or service calls.
[Amended 8-2-2004 by L.L. No. 21-2004]
C.
Vehicles used for the transportation of goods, wares or merchandise or carrying passengers with or without fares are prohibited from being left on the highways, driveways or yards for other than delivery or service calls.
§ 128-57 Outside storage container structures. [1]
[Added 3-1-2004 by L.L. No. 11-2004; amended 4-3-2006 by L.L. No. 5-2006; 2-7-2011 by L.L. No. 7-2011]
No outside storage container structures are permitted on any vacant or improved residential property in the Village of Brightwaters, except that one outside storage container structure is allowed for up to seven specific consecutive business days after obtaining a permit from the Village Clerk and paying the permit fee as may be established from time to time by the Board of Trustees.
§ 128-57.1 Dumpsters.
[Added 12-4-2006 by L.L. No. 12-2006; amended 4-2-2007 by L.L. No. 4-2007; 10-5-2015 by L.L. No. 5-2015]
No dumpster is permitted on any vacant or improved residential property in the Village of Brightwaters, except that one dumpster is allowed on improved residential property for up to 10 consecutive business days. A single dumpster may be placed in any part of a yard only after obtaining a permit from the Village Clerk and paying the permit fee as may be established from time to time by the Board of Trustees. At no time may the dumpster be placed on any Village street or its right-of-way.
§ 128-58 Unlicensed, inoperative or discarded vehicles.
A.
No property shall be used for the outside storage of unlicensed, inoperative or discarded vehicles in any district.
B.
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.
§ 128-59 Repairs to 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.
§ 128-60 Permit procedure.
A.
An application for a permit as required under this article shall be made on a form provided by the Village Clerk, and the Village Clerk shall issue the permit if the proposed storage is in conformance with this chapter.
[Amended 8-1-2005 by L.L. No. 8-2005]
B.
After a duly scheduled public hearing, the Village Board of Trustees may issue a permit. Such hearing may be waived by the Village Board of Trustees if it determines upon the application that the size of the vehicle or boat to be stored and manner or placement of such vehicle or boat to be stored will not adversely impact the visual character of the Village nor significantly diminish the available space required in the front, rear or side yard.
§ 128-61 Driveways.
[Amended 1-18-1995 by L.L. No. 1-1995; 10-1-2001 by L.L. No. 7-2001; 2-6-2002 by L.L. No. 3-2002; 3-1-2004 by L.L. No. 6-2004; 8-1-2005 by L.L. No. 9-2005; 1-6-2014 by L.L. No. 1-2014]
A.
The definition of a "driveway" is that which is used or can be used for parking vehicles. Its surface is impervious, including but not limited to asphalt, gravel, stone or other nonvegetative material. It shall lead perpendicular from a public road directly to a garage. If the property does not have a garage, the driveway is that which has been established for the use as the parking area of said dwelling. An allowable driveway surface shall not exceed 35% of the total front yard area.
B.
The front yard area is calculated from the two outermost front corners of the dwelling (Diagram D-1, the area between lines A-1 on either side of the property[1]) and that are perpendicular to the front property line that borders the right-of-way ("ROW"). ROWs are not included in the calculation. All proposed plans must be reviewed by the Village Engineer and Highway Department for feasibility, approval and bond amounts.
[1]
Editor’s Note: Said diagram is included as an attachment to this chapter.
C.
Primary driveways shall not exceed 22 feet in width and must have a minimum side yard setback of four feet to impervious surface consisting of vegetative matter. If both a primary driveway and a circular driveway are established, a minimum setback from the impervious surface to the property lines must be a minimum of four feet and 14 feet of vegetative area, respectively.
D.
Circular driveways shall not be less than 12 feet nor greater than 22 feet of drivable surface.
E.
No property shall be allowed to have more than two means of egress to public roads. Curb cuts at the property line may not be less than 12 feet and not exceed 22 feet. Driveways at the intersection of the edge of pavement may not be greater than 27 feet on said public road. Said driveway may not flare out to more than 2.5 feet on either side between the property line and edge of pavement known as the ROW. A corner lot may only have a total of two curb cuts or two means of egress. A curb cut on a corner lot must be a minimum of 25 feet from the corner of the property line. A primary and/or secondary driveway without a garage cannot have impervious surface beyond the front or side corners of the house.
F.
In the case where a garage may not exist or if the garage is set back beyond the outermost corners of the front of the main dwelling, then the area between the two points of the main dwelling to that of either where the driveway ends or the two outermost points of the front of the garage begins shall be calculated as part of the total front lot area as well as the impervious surface thereof.
G.
The center island that is created by a circular driveway and that which abuts the right-of-way must have a minimum vegetative area of 15% of the total front yard area and not be less than 60 feet in width. Rights-of-way are not included in the calculation.
H.
In the case of a corner property which is deemed to have two front yards, the primary front yard area is determined by the legal address or front door. The other is the second front yard. The proposed or existing driveway for the second front yard will be determined by the secondary front yard area and calculated at 25% of the primary front yard and must be reviewed by the Village Engineer and Highway Department for feasibility and approval. The primary front yard area will be used to calculate under this Code for the purposes of defining a driveway.
I.
Diagrams D-1 and D-2[2] are a part hereof and similarly adopted pursuant to this section.
[2]
Editor’s Note: Said diagrams are included as attachments to this chapter.
§ 128-61.1 Alterations to Village right-of-way prohibited.
[Added 3-5-2012 by L.L. No. 5-2012]
No person shall alter, or cause to be altered, any Village right-of-way, whether to create a parking area or for any other purpose, without the written consent of the Village.