No person shall operate, establish or maintain a junkyard in
the Town of Cicero until the junkyard has obtained a license to operate
and is located in an approved Planned Unit Development District.
Application for the license shall be made in writing to the
Code Enforcement Officer. The application shall contain the legal
description of the land to be included within the junkyard and such
other information as deemed necessary by the Code Enforcement Officer
or the Town Board.
A hearing before the Town Board on the application shall be
held within the Town of Cicero not less than two weeks nor more than
four weeks from the date of the receipt of the application by the
Code Enforcement Officer, unless waived by the applicant.
At the time and place of the 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, it shall take into account the applicant's
ability to comply with all reasonable regulations imposed by this
chapter and whether the applicant has been convicted of any form of
larceny or receipt of stolen goods, and other matters within the purposes
of this chapter.
At the hearing, the Town Board may also take into account the
effect of the proposed junkyard on the environment, the general welfare
of the Town's citizens and the aesthetics of the surrounding
area. The Town Board may consider, among other relevant factors, the
type of road servicing the location or the road from which the junkyard
can be seen, the natural or artificial barriers protecting the junkyard
from view, the proximity of the junkyard to established or prospective
residential and recreational areas or main access routes thereto,
as well as the reasonable availability of other suitable sites for
the junkyard.
The license fee shall be an amount as determined by the Town
Board.
Before use, a junkyard shall be completely surrounded with a
fence at least eight feet in height which substantially screens the
enclosed materials and with a suitable gate which shall be closed
and locked except during the working hours of the junkyard or when
the applicant or the applicant's agent is working within. The
fence shall be at least 50 feet from a public highway. All materials
shall be kept within the enclosure of the junkyard except as removal
is necessary in the reasonable course of business. The Town Board
shall have the authority to waive any fencing requirements as it sees
fit due to the natural topography or growth of the area, provided
that any natural barrier conforms with the purposes of this chapter.
[Amended 4-24-2019 by L.L. No. 7-2019]
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Town Board and the owner thereof be deemed suitable for the issuance of a license absent a compelling change in circumstances. Applications for renewal of an existing junkyard license shall be made no later than May 1 of each year. Renewal licenses shall be valid from June 1 through May 31 of the following year. Such licensee shall comply with all other provisions of this chapter, including the fencing requirement set forth in §
130-8.