Amending Chapter 7 Scrap & Junk Dealers Ordinance

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ORDINANCE NO. 6621 -79 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 5, SECTIONS 7 -76, 7 -78, 7 -79, 7 -80, 7 -81, and 7 -82 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes the con - tributions that recycling operations such as junk and scrap yards make to the community. However, the Council further recognizes that such operations must be reasonably regulated in order to minimize any en- vironmental or aesthetic nuisances which may be created by the operation of scrap and junk yards in the city. Therefore the purpose of this ordinance is to enact reasonable regulations with regard to fencing,the creation of buffer strips and other regulations that are deemed in the entire community's best interest. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 7, Article 5, Section 7 -76 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: Sec. 7 -76 Scrap and Junk Yards; rules and regulations. (a) All scrap and junk yards shall be maintained and operated in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City. (b) The operators of such yards shall= conform with the followin rules and regulations: (1) MINIMUM LOT AR shall have a minimum lot Industrial pursuant to S A FOR NEW YARDS. All new scrap and junk yards area of one (1) acre and shall be zoned "E" Hea ction 21 -36 of this Code. (2) FENCING. There shall be two types of fenci.n-g required to enclose all scrap and junk yards: Type A fencing shall consist of fire proof material and shall be a minimum of six (6) feet in height, and constructed so that it can retain all scrap and junk materials within such yards. This fencing shall be of uniform material and color and shall be kept in good repair at all times. Type A fencing shall be used except when Type B fencing is specific ally required. Type B fencing shall and shall be a minimum of along or near the outside public streets, public hi be of uniform material an all times. Provided that reauired by this Section consist of opaque or solid fireproof material six (6) feet in height. It shall be erected edges of all scrap and junk yards which abut hways, or public alleys. Such fencing shall color, and shall be kept in good repair at any Type B fencing which shall be erected, as hall be a minimum of eight (8) feet in _height. (3) BUFFER STRIP. All new scrap and junk yards. or existing scrap or junk yards which expand after the effective date of this Section shall have a buffer planting strip of at least fifteen (15) feet in depth and shall be provided and maintained between the property lines and Type B fencing which abuts public streets, highways, and alleys. Such buffer planting strip shall include a compact hedge, row of shrubbery or evergreen trees extending the full length of said required buffer strip.