[HISTORY: Adopted by the Village Board of the Village of
Benton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-16-2012 by Ord. No. 2012-004]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed by them in this section, except where
the context clearly indicates a different meaning:
Any business in which a motor vehicle is kept or stored in
a building or structure, whether temporarily or regularly, and any
building where auto repairs are being done as the primary part of
the business, with the exception of residential structures or accessory
structures thereto, and mini-storage facilities not being considered
commercial garages or motor vehicle repair shops.
An automobile, truck, motorcycle, motorized boat, lawn mowers,
trenching machines, campers, all-terrain vehicles, semitractors or
self-propelled vehicle designed primarily to transport persons or
property over public streets and highways, and shall include motorized
off-road vehicles, but shall not include trailers.
Any business that maintains, repairs, modifies, remodels,
or alters in any way any engine or mechanical parts of a motor vehicle.
A.
It shall be unlawful for any person or entity to maintain and use
a building or structure for a commercial garage, or motor vehicle
repair shop, unless such person or entity has first obtained a license
for such purposes from the Village Board.
B.
When a person or entity engages in the operation of operating a motor
vehicle repair shop and a commercial garage at the same location,
a single application for the two uses may be submitted and a single
license may be issued.
C.
No owner of any real property shall allow any person or entity to
maintain or use a building or structure for a commercial garage or
motor vehicle repair shop on the owner's real property without
the person or entity having obtained a license therefor from the Village
Board complying with the terms of this article.
A.
Applications for licenses hereunder shall be made to the Village
Clerk-Treasurer on forms to be provided by the Village Clerk-Treasurer.
Each application shall be accompanied by a fee in an amount to be
determined by the Village Board, which shall be retained by the Village.
B.
If filed by an individual, the application shall be signed by the
individual; if filed by a partnership, the application shall be signed
by all partners or by an authorized partner with attached evidence
of authority to sign; if filed by a limited liability company, the
application shall be signed by all members or by an authorized member
or manager with attached evidence of authority to sign; if filed by
a corporation, the application shall be signed by an authorized corporate
officer.
C.
Upon application for a commercial garage or motor vehicle repair
shop license, the Village Clerk-Treasurer shall schedule a public
hearing in front of the Village Board or designated committee thereof,
and shall cause notice of such application together with the location
of the business, to be posted at least seven days prior to the hearing
in at least two public places, stating that a public hearing will
be given by the Village Board or a designated committee thereof, at
the time and place stated in such notice. Notice shall also be sent
by registered or certified mail, return receipt requested, not less
than seven days prior to the hearing, to all owners of real estate
within a three-hundred-foot radius of the land for which the application
is made.
D.
The costs of the mailing shall be paid by the applicant at the time of application. These costs are in addition to the filing fee described in Subsection A of this section.
E.
After application and notice, the Village Board or designated committee
thereof shall hold a public hearing at the time and place stated in
the notices. At the public hearing, the Village Board or designated
committee thereof will hear fully the applicant and any interested
person wishing to be heard. The Village Board or committee thereof
may limit the discussion to a reasonable length of time.
F.
The Village Board or designated committee thereof may make a final
decision on the application immediately following the public hearing.
Reasons for denial or for any conditions or restrictions imposed on
a license based on the standards in this article shall be explained
either in a written decision or by reflection in the meeting minutes.
G.
Any prior license whose license was revoked or anyone whose application
for license renewal was denied may not apply for a new license for
a period of 12 months after the revocation or nonrenewal.
A.
The Village Board or designated committee thereof shall not grant
a license unless:
(1)
The applicant has shown that the commercial garage or motor vehicle
repair shop will not have a detrimental effect on the neighborhood
with respect to fire hazards, disturbance of the peace, public safety,
aesthetics, traffic, waste discharge, water, and air and noise pollution.
(2)
The applicant has provided the Village Board, or designated committee
thereof, all of the following:
B.
In issuing the license, the Village Board or designated committee
thereof may impose restrictions and conditions on the license related
to hours of operation, fencing and screening, parking, vehicle storage,
number of vehicles, location of outside storage, outdoor work areas,
and/or any other restrictions and conditions that the Village Board
or designated committee thereof decides are necessary to protect the
public safety and welfare.
C.
In addition to any unique conditions and restrictions imposed on
the license, the licensee shall comply with the following:
(1)
All applicable federal, state, and local laws, regulations and ordinances.
(2)
All motor vehicles, serviced by the licensee shall be serviced inside
a building and not on any public or private way. The definition of
"servicing of motor vehicles" will not include computer diagnostics,
which may be done in the parking lot of the business.
(3)
All motor vehicles to be serviced shall be stored within property
lines while waiting to be serviced.
(4)
Hours of operation shall be established by the Village Board, however,
shall always be within the range of 7:30 a.m. to 8:00 p.m., Monday
through Friday, and 7:30 a.m. to 5:00 p.m. on Saturdays. Towing services
will not be considered part of the hours of operation.
(5)
There shall be no blocking of the sidewalk or any public way with
snow during snow removal periods.
(6)
Motor vehicle parking and storage limitations shall be as established
by the Village Board. However, there shall never be more than three
motor vehicles per bay parked outdoors after closing hours. That is,
shops with one bay will be allowed three motor vehicles; two bays:
six motor vehicles; three bays: nine motor vehicles, etc.
(7)
No motor vehicle sales are allowed on the lot, unless the commercial
garage or motor vehicle repair shop is also an auto dealership licensed
by the State of Wisconsin.
(8)
Motor vehicles under repair, slated for repair, or ready for customer
pickup are required to be parked on site at all times.
(9)
The dismantling of motor vehicles, except as required to conduct
immediate repairs, is prohibited on any site approved for motor vehicle
repair. Dilapidated, nonfunctioning motor vehicles may not be continuously
stored on the site.
(10)
If spray painting is a part of the licensee's business
and is not prohibited as a condition or restriction of the license,
the following conditions shall be met: exterior garage doors shall
be closed while spray painting motor vehicles and spray painting of
automobiles shall be done in a spray booth or spray space that conforms
to state and local regulations.
(11)
If towing service is part of the licensee's business and
is not prohibited as a condition or restriction of the license, the
following conditions shall be met: after normal business hours, repair
service (not including flat tire and delivery of fuel) shall not take
place on the premises of any private dwelling, and tow trucks shall
be maintained at the license location or other suitable place and
not on the public right-of-way.
D.
Any license granted under this article shall be posted in a conspicuous
place on the premises of the licensed property.
A.
Any license granted under this article is a personal privilege and
is not assignable or transferable.
B.
Any license granted under this article allows the holder to operate
only on the property address for which the license is granted. The
license shall terminate upon the transfer of the business to another
location.
A.
The Village Board may revoke or suspend any license issued under
this article for any violation of any standard in this article or
any condition or restriction of the license or any violation of any
applicable law, regulation, or ordinance, after giving the license
holder notice and an opportunity to be heard at a public hearing.
B.
Reasons for revocation shall be explained either in a written decision
or by reflection in the meeting minutes. When a license is revoked,
such licensee shall have a period of 45 days in which to wind up the
business, during which time the licensee shall be required to comply
with all the terms and conditions of this article.
A.
Except as otherwise provided in this article, any license issued
hereunder shall be effective as of July 1 of the year issued and shall
expire on June 30 of the following year. Except as otherwise provided
in this article, at least 30 days prior to the expiration of any license,
the license holder shall apply for the renewal of the license to the
Village Board on forms provided by the Village Clerk-Treasurer. The
filing fee for a renewal application shall be in an amount to be determined
by the Village Board. Applications for license renewals received less
than 30 days before expiration are subject to a late fee of 25% of
the license fee. Applications for license renewals received after
July 1 are subject to a late fee of 50% of the license fee.
B.
License renewals shall be issued without the necessity of a public
hearing.
C.
An application for license renewal may be denied based on any ground
for license revocation. An application for renewal may only be denied
after giving the licensee notice and an opportunity to be heard at
a public hearing. Reasons for denial shall be explained either in
a written decision or by reflection in the meeting minutes.
D.
When a renewal of a license is denied for the continuation of any
business previously licensed under the provisions of this article,
such licensee shall have a period of 45 days in which to wind up the
business, during which time the licensee shall be required to comply
with all the terms and conditions of this article.
The provisions of this article may be enforced by the Village Board or its designees. Each day on which a violation exists shall be deemed a separate offense. Any person, firm, corporation, association or other entity violating any provision of this article shall be punished in accordance with the provisions of § 1-3 of the Village Code.
Commercial garages and motor vehicle repair shops in existence
at the time this article is adopted ("existing shops") must apply
for a license within 60 days after this article is adopted. The Village
Board or designated committee thereof shall grant or deny any such
application within 90 days after this article is adopted. Existing
shops' applications for licenses received after 60 days after this
article is adopted are subject to a late fee or 25% of the license
fee. Existing shops' applications for license renewals received
after 90 days after this article is adopted are subject to a late
fee of 50% of the license fee.
