4-1-3-5: ACCUMULATION OF JUNK; JUNKYARDS, AUTOMOBILE GRAVEYARDS, MOBILE HOME SALVAGE YARDS AND SCRAP PROCESSING FACILITIES:
A.   Prohibited Practices: No person shall accumulate or store in, on, around, or about any premises or storage site within the Village, any junk, debris, garbage, rubbish, or refuse except in a licensed junkyard, licensed mobile home salvage yard, licensed automobile graveyard, or licensed scrap processing facility as allowed hereunder. (Ord. 607-08, 11-3-2008; amd. 2017 Code)
B.   License Required: No person may hereafter establish or operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility unless the person first obtains a license to operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility from the Corporate Authorities of the Village.
C.   Application For License: After the effective date hereof, a person desiring to establish or operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility within the corporate boundaries of the Village shall submit a completed application to the Village Clerk requesting a license to establish or operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility within the corporate boundaries of the Village. Said application shall include:
   1.   A non-refundable initial application fee of one thousand dollars ($1,000.00), payable to the Village.
   2.   A plat of the site prepared by a licensed professional engineer showing the location where the person intends to establish and operate the proposed junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility, and showing the distance between the proposed junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility and those residential structures, churches, restaurants, places of public accommodation, and schools within one thousand feet (1,000') of the proposed junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility and showing any right-of-way of any public street or alley within two hundred feet (200') of the proposed junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility.
   3.   A water drainage and water detention study prepared by a licensed professional engineer showing the site where the person intends to establish and operate the proposed junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility. (Ord. 607-08, 11-3-2008)
   4.   A profile drawing, specifications and type of screen that will be constructed to block the visibility of the area where junk, mobile homes, motor vehicles or scrap will be stored. (Ord. 607-08, 11-3-2008; amd. 2017 Code)
D.   Grant Or Denial Of License:
   1.   The Corporate Authorities of the Village shall grant or deny the person's application within sixty (60) days of the receipt of the application by the Village Clerk.
   2.   The Corporate Authorities of the Village shall notify the person of the grant or denial of the application in writing served on the person by certified mail within ninety (90) days of filing the application with the Village Clerk. Said notice shall inform the person of the reason(s) for the grant or denial of the application.
   3.   The person may appeal the decision of the Corporate Authorities to the Village President by filing with the Village Clerk within thirty (30) days of the date of the notice of denial of the application a written request for a hearing to appeal the decision of the Corporate Authorities.
   4.   The Village Clerk shall schedule a hearing with the person within thirty (30) days of receipt of the person's request for a hearing. At the hearing, the Village President shall hear the reasons for the person's appeal and shall grant or deny the person's appeal in writing within thirty (30) days from the date of the appeal hearing.
E.   Nontransferability Of License: Any license granted hereunder shall not be assignable or transferable. In the event a license granted hereunder is assigned or transferred for any reason whatsoever, the license granted hereunder shall terminate immediately.
F.   Expiration Of License; Renewal And Fee: All licenses to establish and operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility shall expire one (1) year from the date of issuance and must be renewed annually by paying the Village an annual license fee of one thousand dollars ($1,000.00). The Village may refuse to renew any license granted hereunder for failure to comply with applicable State, Federal, or local laws and regulations including, but not limited to, this chapter.
G.   Location Restrictions:
   1.   No person shall hereafter establish or operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility within one thousand feet (1,000') of any residential dwelling (with the exception of the establishment owner's residential dwelling), school, restaurant, church or place of public accommodation.
   2.   No person may hereafter establish or operate a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility within two hundred feet (200') of the right-of-way of any public street or alley within the Village.
H.   Screening Required: All junkyards, mobile home salvage yards, automobile graveyards and scrap processing facilities licensed pursuant to this chapter shall be screened with fencing sufficient to block from view the area wherein the junk, mobile homes, motor vehicles or scrap is stored.
I.   Nonconforming Facilities:
   1.   Any person operating a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility within the corporate boundaries of the Village as of the effective date hereof shall be deemed a nonconforming use upon the issuance of a Certificate of Nonconformance to such person by the Village. The Certificate of Nonconformance shall direct the person to abate the operation of the junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility. However, the nonconforming use will be permitted to continue for a period of six (6) months, unless sooner terminated for any reason for a period of thirty (30) days or more upon the written request of the person, during which time the person must either bring the junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility into compliance with this chapter or abate the operation of the junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility. Such nonconforming uses shall not be increased, enlarged or extended, or altered; except, that the use may be changed to a conforming use.
   2.   A person operating a junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility within the corporate boundaries of the Village as of the effective date hereof may petition the Corporate Authorities of the Village for an additional six (6) month extension of time of the period in which the nonconforming use may be permitted to continue. The Corporate Authorities of the Village shall grant such request for an extension.
J.   Compliance With Provisions: Any junkyard, mobile home salvage yard, automobile graveyard or scrap processing facility shall comply with this chapter and all applicable State and Federal laws, rules and regulations. (Ord. 607-08, 11-3-2008)