Ogden City Zoning Code
ARTICLE X
Storage of Commercial and Recreational Vehicles
§ 300-81 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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 a living, entertaining, manufacturing, etc. As used in this article, 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 conjunction 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.[1]
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 article, 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 its forward 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.
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 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.
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.
§ 300-82 Campers, trailers and mobile homes.
A.
No camper, camper trailer, mobile home or house trailer shall be stored outside at any place in the Town on public property.
B.
No camper, camper trailer, mobile home or house trailer having an overall length in excess of 35 feet shall be parked at any place in the Town on public property without first obtaining a permit from the Town Board, following a public hearing, unless such hearing is waived by the Town Board.
C.
A camper, camper trailer, utility trailer, mobile home or house trailer having an overall length of 35 feet or less may be parked on public property and may be parked or stored outside on private property, subject to the following regulations:
[Amended 3-11-2020 by L.L. No. 2-2020]
(1)
Only two such vehicles 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 be located in a driveway or garage or behind the setback of the house.
(3)
The parking or storage of such vehicles shall be in full compliance with the off-street parking requirements of this chapter and shall not preempt the use of space needed for the off-street parking of other vehicles.
(4)
The parking or storage of such vehicles shall be in full compliance with Chapter 280, Vehicles and Traffic, of this Code.
(5)
Such vehicles must belong to an owner or occupant of the premises upon which it is being parked or stored.
§ 300-83 Boats.
A.
No boat shall be stored outside at any place in the Town on public property, and no boat having an overall length in excess of 35 feet shall be stored outside at any place in the Town on private property without first obtaining a permit from the Town Board, following a public hearing, unless such hearing is waived by the Town Board.
B.
A boat having an overall length of 35 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 shall be located in a driveway or garage or behind the setback of the house.
[Added 9-14-2005 by L.L. No. 6-2005]
(3)
The storage of such boat shall not preempt the use of space needed for 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.
§ 300-84 Application for permit. [1]
§ 300-85 Commercial vehicles.
A.
No commercial vehicle of any length shall be stored outside at any place in the Town on public property.
B.
No commercial vehicle having an overall length in excess of 30 feet, nor any tractor-trailer or semitrailer shall be stored outside on any private property in a residential district.
C.
No commercial vehicle may be parked on public property in a residential district for longer than two hours within a time period of 24 consecutive hours, except while loading or unloading, or rendering requested services to residents.
[Amended 2-10-1999 by L.L. No. 5-1999]
D.
A commercial vehicle which is not a tractor-trailer or semitrailer, having an overall length of 30 feet or less, may be parked on public property in a residential district and may be parked or stored outside on private property in a residential district, subject to the following regulations:[1]
(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 chapter 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 Chapter 280, Vehicles and Traffic, of this Code.
(5)
Such vehicle must belong to an owner or occupant of the premises upon which it is being parked or stored.
E.
No tractor-trailer or semitrailer may be stored in any residential, business or commercial district.
[Added 2-12-2020 by L.L. No. 1-2020]
§ 300-86 Sale of motor vehicles.
[Added 2-26-2003 by L.L. No. 5-2003]
A.
It shall be unlawful at any time to offer for sale on any property in any zone within the Town of Ogden more than one motor vehicle, trailer or other device which may be used for transporting persons and/or property. No more than two vehicles may be sold from any property in any calendar year. Said vehicle shall be owned by or registered to a current occupant of such parcel. The vehicle exterior shall be well maintained, and the areas surrounding the vehicle shall be kept neat, clean and maintained so as to provide a clean, safe and attractive environment. The vehicle shall not be placed in the road right-of-way.
B.
Notwithstanding the provisions of Subsection A, it shall be unlawful at any time to offer for sale on any property in any zone within the Town of Ogden any vehicle, trailer or other device which may be used for transporting persons and/or property, when such vehicle is either owned, registered, licensed, or being offered for sale by anyone who holds a valid New York State dealer's license, except upon such premises as have been approved for the commercial sale of such automobiles.
[Added 11-28-2007 by L.L. No. 12-2007]
§ 300-87 Unlicensed motor vehicles.
[Amended 3-22-2000 by L.L. No. 2-2000]
B.
The outside storage of unlicensed vehicles upon properties within the Town of Ogden 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, constitutes an attractive nuisance to children and compromises public health and safety. This legislation has been enacted for the purpose of protecting public health, safety and property by limiting the storage of unlicensed motor vehicles in accordance with the provisions of this article.
C.
No property shall be used for the outside storage of unlicensed motor vehicles except in accordance with the following conditions:
(1)
For a given address, the outside storage of no more than one unlicensed motor vehicle may be allowed on the property at any time.
(2)
The vehicle exterior and the areas surrounding the vehicle shall be kept neat, clean and maintained so as to provide a clean, safe and attractive environment.
(3)
Such storage shall be located in a driveway or behind the setback of the house.
[Added 2-12-2020 by L.L. No. 1-2020]
(4)
Such vehicle must belong to the owner or occupant of the premises upon which it is being stored.
[Added 2-12-2020 by L.L. No. 1-2020]
D.
Any duly authorized police officer, judicial officer or designated officer of the Town of Ogden may, by service of summons or appearance ticket, require the owner, occupant or person having charge of the property on which a violation of this section exists to appear before the Town Justice of the Town of Ogden. The Town 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.
E.
In the event that the violation is not removed or corrected within such time as shall be provided by the Town Justice Court, the Town, after 15 days' notice to the property owner, served personally or mailed, certified mail, return receipt, to that property owner's 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.
§ 300-88 Repairs to vehicles. [1]
No major repairs, whether involving the dismantling of vehicles or not, shall be made to such vehicles outside of an enclosed building. Minor repairs, such as but not limited to engine tuning, changing of spark plugs, changing oil, changing 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 residential districts.
§ 300-89 Vehicle parts and tires.
No vehicle parts or tires shall be accumulated or stored.