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Hyde Park City Zoning Code

§ 108-25.3

Permit, license and site plan approval required; procedures.

No person shall engage in or conduct within the Town, either for himself or on behalf of any other person, directly or indirectly, in any scrap yard use without first obtaining a special use permit, a scrap yard license, and site plan approval.
A. 
Application for special use permit, site plan approval and license. Along with his combined application for a special use permit, site plan approval and license, the applicant shall submit to the Zoning Administrator a map or plan of the property upon which he intends to conduct the scrap yard use. Such map or plan shall be prepared according to the standards for a site plan application under § 108-9.4. The map or plan shall show the property boundaries and neighboring lots, area of the property proposed to be used as a scrap yard, the required screening, the required buffer area, the areas of ingress and egress, the location of any buildings and other structures, utilities, adjoining landowners, drainage features, lighting, watercourses and other natural features, and any internal alleys that will remain open for safety and fire protection. Such map or plan shall be prepared to scale and signed and sealed by a licensed land surveyor, architect, landscape architect, engineer or other licensed professional.
B. 
Issuance of license. Before the Town Clerk may issue a scrap yard license, the applicant must provide the Clerk with a valid special use permit issued by the Planning Board for the subject scrap yard use. In addition, before issuing the license, the Clerk shall have received from the Zoning Administrator a report indicating that the applicant has filed a complete application in accordance with the requirements of this article. Upon receipt of this information and payment of the required fee set forth in the current fee schedule adopted by the Town Board, the Town Clerk shall issue the license, which shall be valid for one year, subject to annual renewal. Such license shall be posted prominently in the licensee's scrap yard and made available for inspection upon request by the Zoning Administrator.
C. 
Existing scrap yard. Any person engaged in the scrap yard business as of the effective date of this chapter must apply for a scrap yard license under this article within 30 days. If said scrap yard operator is in possession of a junkyard license under the prior Zoning Law, he shall not be required to apply for a scrap yard license under this chapter until his junkyard license is due for its annual renewal. Any legally existing scrap yard business as of the effective date of this chapter shall not be required to obtain a special use permit or site plan approval as a requirement of the renewal of his license.
D. 
License renewal. See § 108-30.5.
E. 
License personal to licensee. A scrap yard license is personal with the licensee, and does not run with the land, or transfer to a new owner with the transfer of title to the property. A scrap yard license cannot be sold or otherwise transferred to any other person or entity, except to a corporation or other business entity owned or controlled by the licensee.
F. 
Revocation. A scrap yard license may be revoked by the Town Board for failure to comply with the requirements of this chapter, after a public hearing thereon at which the licensee shall have the opportunity to be heard. Upon revocation of the license, the Town Board shall order the removal of the scrap material and the remediation of the property. If the licensee fails to do so within 60 days of the order, the licensee may be deemed in violation of this chapter and subject to the appropriate penalties and judicial enforcement action. Conviction of the offense of violation of this chapter shall be grounds for immediate revocation of the license.