Brutus Town City Zoning Code
ARTICLE IX
Junkyards
§ 125-62 Intent.
Pursuant to § 125-18 of this chapter, the Town Board of the Town of Brutus declares its intent to:
§ 125-63 Definitions.
§ 125-64 Certificate of approval and special permit required.
§ 125-65 Application for certificate and special permit.
Application for the special permit and certificate of approved location shall be made in writing to the Town Board of the Town of Brutus. The application shall contain a description of the land to be included within the junkyard.
Said application shall be forwarded to the Planning Board for its review in accordance with § 274-a of the Town Law of the State of New York.
§ 125-66 Public hearing.
Upon filing with the Town Board of an application for a special permit, the Board shall fix a reasonable time and place for a public hearing and give notice as follows:
At least five days prior to the date fixed for the public hearing, publish a notice in the official newspaper describing the location of the proposed junkyard. At least five days prior to the date fixed for the public hearing, the Town Clerk shall mail notices thereof to the parties and to the regional New York State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property proposed for the junkyard.
Give written notice to parties in interest, who shall be at least those persons whose properties adjoin or are across public roads from the property in question.
§ 125-67 Location requirements.
At the time and place set for the 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, the Town Board shall take into account, after proof of legal ownership or right to such use of the property for the special permit period of the applicant, the nature and development of surrounding property, such as proximity of a building or structure used as a residence, 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.
§ 125-68 Special permit requirements.
At the time and place set for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a special permit 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 ability to comply with fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of conviction for any type of larceny or receiving of stolen goods and to any other matter within the purpose of this chapter.
§ 125-69 Aesthetic considerations.
At the hearing regarding the location of the proposed 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 inhabitants by considering whether or not the proposed location can reasonably be protected from having an unfavorable effect thereon. In this consideration the Town Board may consider collectively the type of road servicing the proposed junkyard or from which the proposed junkyard may be seen, the natural or artificial barriers protecting the proposed junkyard from view, the proximity of the proposed junkyard to established residential or recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for junkyards.
§ 125-70 Issuance or denial of application; appeals.
After the hearing, the Town Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of their findings by mail to the address given in the application. If approved, the special permit, including the certificate of approved location, shall forthwith be issued to remain in effect until the following April first. Approval shall be personal to the applicant and not assignable. The special permit shall be renewed thereafter upon payment of the annual fee after inspection by the Zoning Officer, and also provided that all requirements set forth in the special permit have been abided by, that the junkyard does not become a nuisance under common law and 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 Law and Rules.
§ 125-71 Special permit fees.
[Amended 5-11-1992 by L.L. No. 2-1992]
Special permit fees will be set by Town Board resolution.
§ 125-72 Fencing.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens the junkyard from view. Such fence shall have a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not less than 50 feet from 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 such removal shall be necessary for the transporting of the same in the reasonable course of business. All wrecking or other work on such motor vehicles and parts within the vicinity of the junkyard shall be accomplished within the enclosure.
The fencing requirements may be changed by the Town Board upon granting the special permit to allow for topography, natural growth of timber or other considerations.
§ 125-73 Burning of junk vehicle parts.
Any burning of upholstery, insulation or any other part or parts of a junk vehicle shall be done in compliance with New York State law.
§ 125-74 Established junkyards.
Within 60 days from the passage of this chapter, the owner of an established junkyard shall be notified of its terms and requirements, and the Town Board shall issue him a special permit valid until the next April first, at which time such owner may apply for renewal as herein provided.