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Ballston Town City Zoning Code

ARTICLE XXII

Automobile Salvage Yards, Junkyards and Abandoned Vehicles

§ 138-109 Requirements for operation and maintenance.

No person shall operate, establish or maintain a motor vehicle junkyard until he or she has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard.
A. 
Application for license and certificate of approval. Application for the license and the certificate of approval for the location shall be made, in writing, to the Town Board of the Town of Ballston. The application shall contain a description of the land to be included within the motor vehicle junkyard. Notwithstanding any of the provisions of this chapter, no junkyard shall be licensed to operate if such yard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly.
B. 
Hearing. A hearing on the application shall be held within the Town not less than two nor more than nine weeks from the date of the receipt of the application by the Town Board. 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 a newspaper having circulation within the Town, which publication shall be not less than seven days before the date of the hearing.
C. 
License requirements. At the time and place set for hearing, the Town 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 junkyard. In considering such application, the Town Board shall take into account the suitability of the applicant with reference to his or her ability to comply with the fencing requirements or other reasonable regulations concerning the proposed 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 chapter.
D. 
Location requirements. At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon the same, it shall 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, 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.
E. 
Aesthetic considerations. At the hearing regarding location of the junkyard, the Town 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 Town Board may consider collectively the type of road servicing the junkyard or from which junk may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreation areas or main access route thereto, as well as the reasonable availability of any other suitable sites for the junkyard.
F. 
Grant or denial of application. After such hearing the Town Board shall, within two 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 forthwith be issued effective the following January 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed annually as of January 1 in each year upon payment of the annual license fee, without hearing, provided that:
(1) 
All provisions of this chapter are complied with during the license period.
(2) 
The junkyard does not become a public nuisance under the common law.
(3) 
The applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Laws and Rules.
G. 
License fees. The annual license fee as established in the Town of Ballston Fee Schedule as determined by the Town Board shall 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. The Town, in addition to the license fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto, and issuance of the license shall be conditional upon payment of the same.
H. 
Fencing.
(1) 
Before use, every junkyard shall be completely surrounded with a fence six feet in height that substantially screens the contents from public view and with a suitable gate which shall be closed and locked, except during the working hours of such junkyard or when the applicant or his or her agent shall be within. Such fence shall be erected not nearer than 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 same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts shall be accomplished within the enclosure.
(2) 
When the topography, natural growth of timber or other consideration accomplish the purpose of this chapter in whole or in part, the fencing requirements hereunder may be reduced by the Town Board, upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.

§ 138-110 Abandoned vehicles.

No person shall abandon a motor vehicle or trailer on public property. In addition to all other penalties provided herein, the owner of a motor vehicle abandoned in violation of this section may be charged with the reasonable cost of removal and disposal thereof.