Notice of Public Hearing

NOTICE IS HEREBY GIVEN that the City Commission of the City of Sherrill will hold a public hearing on the proposed Amendment to Ordinance No. 22 (Vehicle/Trailer Ordinance) at 7:15 PM on August 5, 2019, at the City Hall, 377 Sherrill Road, Sherrill, New York.  The proposed ordinance would amend the vehicle/trailer ordinance modifying the various sections (2-5) spelling out regulations on storage and restrictions.

FURTHER NOTICE IS HEREBY GIVEN that a copy of the proposed ordinance has been filed with the City Clerk and is open to inspection by any interested person during regular business hours, that copies of the proposed ordinance are available from the City Clerk upon request, and that such proposed ordinance is published below.

Dated: July 17, 2019                                                  Michael D. Holmes,

                                                                                       Sherrill City Clerk

ORDINANCE NO. 22 Vehicle/Trailer Ordinance

Section 1.  Legislative Intent.  A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the City of Sherrill and the safeguarding of their material rights is deemed essential to the maintenance and continued development of the economy of the City and the general welfare of its citizens.  It is further declared that the unrestrained accumulation and storage of vehicles, trailers, crafts or vessels threatens said environment and citizenry thereby necessitating the regulation, restraint and elimination thereof.

Section 2.  Storage Restrictions. 

Permanent Storage

For all parcels located within an R-1 or R-2 Residence District, the permanent storage, of all motor vehicles, trailers, campers, motor homes, boats, crafts, vessels and recreational vehicles/ATV’s (hereinafter referred to collectively as “vehicle/trailer” shall only be permitted in the side yard, no more than 5 feet further than the front of the house; and in the rear yard and shall be limited to two in number.  The location of said vehicle/trailer must be a minimum of five feet from any property boundary.  Said restriction applies to both operable and/or inoperable vehicles/trailers as well as any materials/parts from said vehicles/trailers, when taken together, equal two (2) vehicles/trailers.

Seasonal Storage

For all parcels located within an R-1 or R-2 Residence District, the seasonal storage of one (1) seasonal use of trailer, camper, motor home, boats, craft, vessel and recreational vehicle/ATV (hereinafter referred to collectively as “vehicle/trailer” is permitted to be seasonally stored in an existing driveway.  The location vehicle/trailer must be a minimum of 10 feet from any curb line.  If no curb, then the edge of pavement on City street.  In no circumstance, can a trailer of any type be closer than 3’ from any public sidewalk.  Any trailers that impede these required setbacks shall be removed immediately by owner upon notice from the City of Sherrill. 

Seasonal summer storage shall be considered May 1 through October 31 of each calendar year.  Seasonal winter storage shall be considered November 1 through April 30 of each calendar year.  Vehicle/trailer must be registered and in full working order during seasonal storage.  A second trailer must be stored in accordance with the Permanent Storage rules. 

For parcels located in a commercial district, the above restrictions shall be the same. In the event that a commercial property owner feels that two vehicles/trailers are not sufficient to support their respective commercial activities, the property owner may apply to the Zoning Board of Appeals for a special use permit for no more than three vehicles/trailers in total provided that their respective property contains at least 16,000 square feet.

For purposes of the above restrictions, in the event the parcel does not contain a rear yard, or the rear yard is insufficient to store said vehicle/trailer, the property owner may apply to the Zoning Board of Appeals for a special use permit. Said restrictions do not apply to any vehicles/trailers located in a storage structure that is completely enclosed. 

For matters pertaining to this ordinance, a corner property shall have only one “front yard”.  The front yard is the side recognized by the street address on the City tax bill.

Section 3.  Vehicle/Trailer Repair Restrictions.  For all parcels located within an R-1 or R-2 Residence District, the prolonged repair or maintenance of a vehicle/trailer in the driveway of a dwelling is prohibited.  A vehicle/trailer can be located in the driveway of a dwelling for repair or maintenance for no longer than fourteen days prior to the seasonal time frame described in Section 2. 

Section 4.  Vehicle/Trailer Sale Restrictions.  For all parcels located within an R-1 or R-2 Residence District, the sale of vehicles/trailers is allowed for the residents of that property but restricted to one vehicle/trailer at any one time with the location of said vehicle/trailer contained to the driveway of the dwelling and for no longer than a thirty day time period of time. 

Section 5.  Notice.  For any parcels not in compliance with this ordinance, the City Codes Officer shall issue a written notice instructing the owner to remedy the violation in seven (7) calendar days. 

Section 6.  Penalties.  Any person violating this local ordinance, who fails to correct the violation after receiving notice, shall be liable to a civil penalty of $500 to be recovered by the City in a civil action or proceeding.  Each day such violation continues shall result in an additional $100 per day penalty, up to a total maximum penalty of $5,000.  The City may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to restrain the violation of this local ordinance.  The use of any remedy shall not prevent the use of any other remedy hereunder.  The listing of remedies herein shall not deprive the city of the use of any other remedies provided by any other provisions of law. 

Section 7.  Definitions – For purposes of this Ordinance, the term “vehicle/trailer” shall mean any motor vehicle, motor home, fifth wheel trailers, camping trailers, self-contained travel trailer, open air trailers, camper, boat, vessel, craft, snowmobile, construction trailer, ATV  or other recreational vehicles.