[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
No person, firm, partnership, or corporation shall engage in the business of maintaining or operating a junkyard (salvage yard) within the Village without a permit.
As used in this chapter, the following terms shall have the meanings indicated:
- JUNKYARD (SALVAGE YARD)
- An area, building, structure, yard, or place where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, recycled, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, bottles, automobiles and used building materials.
Every applicant for a permit shall file with the Village Clerk on or before December 1 of the permit year a written application upon the form prepared and provided by the Village and signed by the applicant. Such application shall state:
The name and address of the applicant, type of business organization and names and addresses of partners or principal officers.
The length of time such applicant, firm, partnership or corporation has resided in the Village, previous location of business or employment and whether convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
Whether the applicant has previously engaged in the business for which a permit is sought.
A detailed description of the business to be conducted.
The premises and legal description where such business is to be located, to include a site plan.
Permit applications under this chapter shall be approved by the Village Board and signed by the Village President and the Clerk thereof. Such permit shall be issued only upon the payment of a fee as provided in the Village Fee Schedule and a review of the application and inspection of the premises so as to comply with all laws, ordinances, rules and regulations of the Village, including specifically, but not by way of limitation, the proper health, fire, building and law enforcement authorities.
The permit as issued shall be valid for one year commencing on the first day of January and ending on the 31st day of December. Such permit shall be revocable at any time by the Board after a hearing at which it has been found that the permit holder has failed or refused to comply with the ordinances or restrictions providing regulations for the storage of materials as described in this chapter, or upon the conviction of a felony or misdemeanor.
A hearing may be had by the Board upon the permit by its own motion or upon a complaint, in writing, duly signed and verified by a complainant. Such complaint shall state the nature of the alleged failure to comply with the ordinance or regulation or otherwise. A copy of the complaint, together with notice of the hearing, shall be served upon the permit holder not less than 10 days prior to the hearing.
No person, firm, partnership or corporation shall engage in the business of a junkyard (salvage yard) unless the area is completely enclosed by a wall, tight board fence, or other fence enclosure impervious to sight, not less than eight feet in and of uniform height and constructed of rigid, durable material. Such fence shall be built and maintained in a substantial manner and kept in good state of repair and painted or be of uniform color. Posting of signs, bulletins and posters on the fence shall be prohibited.
No waste or scrap materials may be stored, parked, kept, or otherwise processed outside of the fence enclosure.
Fence. The fence shall be constructed with a minimum setback line located parallel to and distant 100 feet from the center line of any United States, federal aid, state trunk, county trunk, or any other highway or street.
Building. Any building or structure shall be constructed with a minimum setback line located parallel to and distant 105 feet from the center line of any United States, federal aid, state trunk, county trunk, or any other highway or street.
Side yard. Any fence as required by this chapter shall be built on the side yard and rear yard lot lines without setback.
It shall be unlawful for any person, firm, partnership or corporation to burn any materials in the junkyard (salvage yard), and specifically rubber tires, from or by any source within the Village of Denmark.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any permit issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.