(A) Storage and parking trailers and commercial vehicles in residential districts.
(1) General restrictions.
(a) No airplane, boat, house, car, mobile home, motor vehicle, trailer or a part of such vehicle shall be parked or stored in the front yard of any lot in a residential zone, or the side yard facing a street on a corner or reverse corner lot in a residential zone, except:
1. Passenger vehicles as defined by the town traffic code, excluding motor homes, defined in § 152.05;
2. Motor homes not exceeding 65 feet in length; and
3. Pickup trucks not used for commercial purposes.
(b) Motor trucks while on business calls may be parked on permanently constructed driveways within such front or side yards if currently licensed by the State Department of Motor Vehicles and capable of movement under their own power or temporarily disabled for a period not to exceed 72 hours while so disabled. This division (A)(1)(b) shall not apply to vehicles parked on publicly owned or operated property.
(2) Trucks. It is unlawful for any person to park any truck, semitrailer or tractor truck having a rated capacity of 55,000 pounds’ gross vehicle weight or more in a residential zone as designated by the zoning ordinances and map of the town between the hours of 6:00 p.m. and 6:00 a.m., except for the purposes of loading and unloading. This prohibition shall apply not only on public streets but also on private property, driveways and parking areas.
(Prior Code, § 10-2D-1)
(B) Fences and walls.
(1) Height and location restrictions; permits and fees. Fences and walls located in any district shall be subject to the following height and location restrictions.
(a) Fences and walls exceeding three feet in height require a fence permit. No fence or wall exceeding three feet in height shall be erected without first obtaining a fence permit. Every application for a fence permit shall be on forms provided by the Town Clerk-Treasurer and shall be accompanied by a nonrefundable fee as set by the Town Board. The Town Clerk-Treasurer shall issue the fence permit if he or she finds that the proposed fence complies with all the requirements of this section.
(b) In addition to a fence permit, fences and walls exceeding six feet in height require a building permit. A brick wall used as a fence shall be constructed in compliance with the town building code.
(c) In required front yards, or within 15 feet of any street right-of-way, whichever is greater, the maximum height shall be three feet above the surface of the ground.
(d) In rear yards within 25 feet of the rear lot line, but excluding any portion of a lot within 15 feet of any street right-of-way, the maximum height shall be seven feet above the surface of the ground.
(e) In requiring intervening interior side yards, the maximum height shall be 76 inches above the surface of the ground.
(f) In the rear half of any lot, open wire fences may exceed 76 inches in height; provided, that they are not closer than 15 feet to any street side lot line of any corner lot.
(2) Noncompliance; variances. All fences and walls, existing upon the effective date of this section (January 1, 1999), which do not meet the standards and provisions for fences and walls as provided for herein shall be altered to comply with these provisions within three years after January 1, 1999. A variance may be granted in the manner provided by ordinance to grant a time extension in specific instances for compliance with the provisions of this section. Such variance shall only be granted if the applicant demonstrates that:
(a) The granting of a time extension will not be detrimental to persons or property in the neighborhood;
(b) The granting of a time extension is not contrary to the intent of this section; and
(c) The granting of a time extension will alleviate a hardship on the applicant.
(Prior Code, § 10-2D-2)
(C) Buffer strips and landscaping.
(1) Purpose. The purpose of this section is to preserve property values and to improve the living environment in the town by providing buffers. Buffers will protect property in residential districts from visually incompatible structures and land uses, overhead lighting, wind and dust, and increased activity associated with commercial, industrial, institutional and other land uses.
(2) Districts described. As used in this section:
(a) The term residential district includes the following districts: A-G, R-S and R-G, as established in § 152.35; and
(b) The term nonresidential district includes the following districts: C-C, C-A/R, C-G, I-L and I-H, as established in § 152.35.
(3) Enforcement. This section shall be enforced by the Town Maintenance Supervisor. Informal sketches may be submitted to the town for approval of proposed buffers.
(4) Buffer strip required.
(a) A buffer strip shall be provided at each boundary where a nonresidential district abuts a residential district, but not including districts separated by a street or park.
(b) The buffer required by this section shall be put in place at or before the time construction is completed for any nonresidential use.
(c) For lots with buildings in existence on January 1, 1999, the required buffer shall be in place on or before three years after January 1, 1999.
(5) Lots one acre or larger. Where a nonresidential lot is one acre or greater and shares a common lot line with an abutting lot which is in a residential district, a buffer shall be placed on the nonresidential lot according to one or a combination of the following methods.
(a) At least two rows of evergreen trees shall be planted in a buffer strip at least 15 feet in width. Trees shall have a minimum height of three feet when planted. The rows shall be spaced seven feet apart and centered within the buffer strip. Tree spacing shall be eight feet on center with trees in adjacent rows offset four feet.
(b) A solid visual barrier six feet in height shall be erected along the boundary, except where a boundary separates any loading, unloading, outdoor storage areas or other land uses which utilize structures or vehicles greater than six feet in height within the minimum yard requirement of the lot, in which case the solid visual barrier shall be eight feet in height. The width of the buffer may be less than 20 feet if a solid visual barrier is used.
(c) Earth mounding may be used in conjunction with planting or fencing to satisfy height requirements. All such mounding shall be covered with planting or lawn. Slopes shall not exceed one foot vertical to two feet horizontal, if covered with plant material, and shall not exceed one foot to three feet horizontal, if lawn.
(6) Lots less than one acre. Where a lot is less than one acre and shares common lot line with an abutting lot which is in a residential district, the buffer strip shall be a minimum of 12 feet wide. At least two rows of evergreen trees shall be planted. Trees shall have a minimum height of three feet when planted. The rows shall be spaced four feet apart and centered within the buffer strip. Tree spacing shall be eight feet on center with trees in adjacent rows offset four feet.
(7) Landscape maintenance. The following landscape maintenance rules apply.
(a) The property owner of the land on which the required buffer is situated shall be responsible for maintenance of the buffer.
(b) Trees in the buffer shall be carefully planted and maintained.
(c) Evergreen trees shall be maintained so that dense branching begins at ground level and continues to the top of each plant, except for trees where road visibility is important.
(d) Unhealthy or dead plants shall be promptly replaced within 30 days, weather and season permitting, but in any event no longer than 120 days.
(e) Each required barrier other than planting shall be maintained in good condition, including painting or finishing when signs of disrepair occur.
(f) When complying with these requirements, the property owner shall contact the town in order to make provisions which will protect public utilities and structures.
(g) No required buffer shall be placed over an underground utility easement.
(8) Variances. Variances may be granted for practical difficulties and particular hardship in connection with this section in the manner provided by ordinance.
(9) Appeals. Appeals from decisions under this section may be made to the Zoning Board of Adjustment in the manner provided by ordinance.
(Prior Code, § 10-2D-3)
Penalty, see § 152.99