ARTICLE I, Automobile Junkyards

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GENERAL REFERENCES

Collateral loan brokers -- See Ch. 77.

Abandoned vehicles -- See Ch. 235.

Zoning -- See Ch. 250.

ARTICLE I, Automobile Junkyards

§ 147-1. Declaration of intent

A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the village and the safeguarding of their material rights against unwarrantable invasion and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the village and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety and welfare of the citizens of the village, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of automobile junkyards, as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this Article.

§ 147-2. Definitions

As used in this Article, the following terms shall have the meanings indicated:

AUTOMOBILE JUNKYARD -- Any place of storage or deposit, whether in connection with another business or not, where two (2) or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two (2) or more such vehicles; provided, however, that the term "automobile junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap, iron, steel or nonferrous scrap for sale for remelting purposes only.

MOTOR VEHICLE -- All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.

§ 147-3. License and certificate of approval required

No person shall operate, establish or maintain an automobile junkyard until he has obtained:

A. A license to operate an automobile junkyard business; and

B. A certificate of approval for the location of such automobile junkyard.

§ 147-4. Application for license and certificate of approval; hearing

A Application for a license shall be filed in the office of the Village Clerk and shall be accompanied by a certificate of the enforcement officer of Chapter 250, entitled "Zoning," of this Code that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 250. The application shall contain a description of the land to be included within the automobile junkyard.

B Hearing

(1) Time and notice of hearing. A hearing on the application shall be held within the village not less than two (2) nor more than four (4) weeks from the date of the receipt of the application by the Village Clerk. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in the official newspaper of the village, which publication shall be not less than seven (7) days before the date of the hearing.

(2) Matters to be considered. At the time and place set for hearing, the Planning Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the automobile junkyard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed automobile junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this Article.

(3) Additional considerations. In passing upon the application, the Planning Board shall also take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering, and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or of other causes.

(4) Aesthetic considerations. The Planning Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Planning Board may consider collectively the type of road servicing the automobile junkyard or from which the automobile junkyard may be seen, the natural or artificial barriers protecting the automobile junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the automobile junkyard.

§ 147-5. Grant or denial of application; appeals

A After the hearing, the Planning Board shall, within two (2) weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided that all provisions of this chapter are complied with during the license period, the automobile junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods.

B The determination of the Planning Board may be reviewed under Article 78 of the Civil Practice Law and Rules.

§ 147-6. License fee

The annual license fee shall be as determined by resolution of the Village Board, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant.

§ 147-7. Fencing

Before use, a new automobile junkyard shall be completely surrounded with a fence at least six (6) feet in height which substantially screens and with a suitable gate which shall be closed and locked except during the working hours of such automobile junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than fifty (50) feet to a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of the same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure. Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter, in whole or in part, the fencing requirements hereunder may be reduced by the Planning Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.

§ 147-8. Existing junkyards continued; location information

For the purposes of this Article, the location of automobile junkyards already heretofore established and licensed shall be considered approved by the Planning Board. The owner or operator shall, however, furnish to the Planning Board the information as to location which is required in an application. Such owner or operator shall comply with all other provisions of this Article, including the fencing requirements set forth in § 147-7 of this Article.

§ 147-9. Location prohibited near certain public buildings

Notwithstanding any of the foregoing provisions of this Article, no automobile junkyard hereafter established shall be licensed to operate if such yard or any part thereof shall be within five hundred (500) feet of a church, school, hospital, public building or place of public assembly.