Loading...
HomeMy WebLinkAboutAmending Chapter 7 Scrap & Junk Dealers OrdinanceORDINANCE No. 6621 -79 Passed by the Common Council of the City of South Bend, Indiana Attest: Must 13 IQ --z9— lKtNE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiartu Approved and signed by August 14 ig 79 4" '�- Clerk Of Common Council IRENE GK GAMMON City Clerk 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. Any ground area between such hedge, shrubbery or row of evergreen trees and the property lines shall be planted in grass, other suitable ground cover and /or shrubbery, maintained in good condition and kept free of litter. Said area may also include pedestrian walkways, driveways flag, poles, and off- street parking subject to the off - street parking regula- tions of this Code. Any existing scrap or junk yards may provide and maintain a buffer strip as described in this Section. (4) NO STORAGE OUTSIDE FENCING. No scrap or junk materials shall be placed or stored outside of the fencing required by this Section. (5) OTHER REGULATIONS. The operators of such yards shall: (a) Remove therefrom all combustible materials and all inflammable rubbish, leaves, grass, dead trees, brush and other materials not being stored thereon as a part of the business conducted thereon. (b) Keep storerooms and garages free from rubbish, waste materials and old rags and paper not being stored thereon as a part of the business conducted thereon. (c) Keep all oil, gasoline, oily waste and other greasy material in metal waste cans. (d) Install and keep available fire extinguishers in close proximity to areas within such scrap or junk yards wherein trash, metal, or other waste materials may be burned and keep and maintain therein an unobstruted fire trunk lane of at least ten (10) feet in width into such yard from the main entrance thereof. (e) Cause such scrap or junk yard to be checked and serviced at reasonable intervals in the effective extermination of rodents in accord- ance with Health Department standards. (f) Ne- seep -ems- leek- sha�� -be- steed- ��- a�� -se�ap -ems- leek -�a�d, eeless- the -same- shall- be- le- �- h�lldleg- e�- e�elesed -�a�d- �f- seeh -�e�k e�- ss�ap- shall -he- steed- le- a- �hek- e�- se�ap- yard;- seeh -�a�d- shall -he e�elesed- �y- a- leeee -at- least- s }� -F�3- feet - }�- height;- eeest��eted- e� -ll�e- pveef- ate lal- aad- eenstPueted- se- as- te- Pet ala -all- seep -and- jerk- fateFials with }e - seeh - seep -e- leek -d- -aid Such junk or scrap stored in such eeelesed yard, if combustible or inflammable, shall not be stored closer than three (3) feet to such fence enclosing such yard. pe }dad;- that -the feeeleg- shall- eet- he- �e�el�ed -aleeg -tea }lead- sldlegs- �g3 -- Establish- aed- �� }eta��- separate- areas- at- �ease� ably- sate -d }s- taeees- t e - heild }egs- aed - steed -le ap- ate ials- te- he- esed -teF -the he�eieg- el- eld- aete�ehiles- aed - ether- seep- �ate� }sls; -ie- seeh- �eaeeeahle �aeee�- as- te- e�eate- the - least - pens} hie- det�i�eet- aed- aeeeyaeee- to -ee- eepaets- et- ad�eieieg- p�epe�tles- (g) Papers, rags and other loose scrap and junk material shall be handled, stored and maintained in such a way as to prevent the same from being loose in such junk or scrap yard. (h) The- Board.of Public Works shall have.the authority to adopt rules and regulations to carry out the intent of this Article. SECTION II. Chapter 7, Article 5, Section 7 -78 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 7 -78 LICENSES REQUIRED. No person shall engage in the scrap or junk material business or hold himself forth as a dealer in scrap materials or keep or maintain a scrap or junk yard within the City without first procurring from the Board of Public Works and- Safety and the Common Council, resolutions approving the issuance of a license for the conduct of such business and the maintenance and operation of such scrap or junk yard. SECTION III. Chapter 7, Article 5, Section 7 -79 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: epe�a�ien- e�- a- se�ap- e�- ��t�k- �a�d. -a�- the- �eea�ie�- speei� }ed - }� the- appliea� }ems- �e�s�eh- l�ee�se - -- the- pe�i��e�- sha�� -he- signed pe�se�� .11y- h�- ��- �ea.s�- �vve -�h }ids -f 2 f 33 -e�- the- p�epe��y- ebv�e�s t���h��- �ea�- h�.e��ed- f4AA�- �ee� -e�- the- p�epe�t3�- lies -ef -sash p�epesed- se�ap- e�- �a�k- �a�d.- 44 (a) The An application for a license under this Article shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap or junk yard. (b) From and after the effective date of this Section, no license shall be issued to any proposed scrap or junk yard for a location within one thousand (1,000) feet of any of the following zoning use districts as defined by Chapter 21 of this Code: (1) (2) (3) "A" "A -1" "A -2" Residence District Residence District Planned Residential Development District 4) "A -3" High Priority Residential Office and'. Professional District (5) "B" Residence District "B -1" Residence District (7) "C -1" Commercial, Limited Use District (8) "C -2" Planned Shopping Center District (c) The foregoing subsection (b) shall not apply to any scrap or ,junk yard previously licensed and in continuous operation prior to and on the effective date of this Section. SECTION IV. Chapter 7, Article 5, Section 7 -80 of the Municipal Code of the CIty of South Bend, Indiana, is amended as follows: SEC. 7 -80 SCRAP OR JUNK YARD LICENSE; RENEWAL. (a) Application for renewal of a license subsequent to the original license obtained under this Article shall be made within thirty (30) days from the date of expiration of the preceding annual license. S�teh- �- lieease- sh�.�� -he- isseed- ix�ed�a�el� -by- the- Ee���el�e�- �e -a�� A license shall be renewed and issued by the Controller followin • favorable review and recommendation by the Fire Prevention Bureau, • favorable review and recommendation by the Environmental Protection Office of the City, passage of a Resolution by the Board of Public Works, and passage of a Resolution of Renewal by the Common Council SECTION V. Chapter 7, Article 5, Section 7 -81 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 7 -81 INSPECTION OF LOCATIONS REQUIRED; APPROVAL (a) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junk yard, at a location not previously licensed, the Clerk of the Board of Public Works and- Sa -fety shall submit the application to the Fire Prevention Bureau and the Environ- mental Protection Office. The Bureau and Environmental Protection Office, shall cause the premises where such proposed scrap or junk yard is to be located-to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of a scrap or junk yard thereon. (b) No license application shall be isseed. -eF submitted to the Board for its approval without the written approval endorsed upon the applica- tion by the Fire Prevention Bureau and Environmental Protection Office. SECTION VI. Chapter 7, Article 5, Section 7 -82 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 7 -82 SCRAP OR JUNK YARD LICENSE; ISSUANCE; REFUSAL (a) Upon the approval of applications as provided by Section 7 -81, the Clerk of the Board of Public Works afid.- Safety shall submit to the Board for its approval, aid- epees - appeal- b -tl�e- Bead- -the CeRtpelleF- shal1-i ssue- te- sueh- applieaat- a- 1leense --:9e3?- the -Ma -i e- te &wee- aid -e�eat }ems -e -a- leap- e- �tk -ad- a resolution re- commending renewal of the license. Such resolution shall be sub - mitted to the Common Council for its consideration. The declaration of the Board shall be deemed conclusive unless the Common Council by resolution shall disapprove the Board's resolution at its next regularly scheduled meeting. fb� �t- s�eh- ap��ieatie�- }s- d�eapp�e�ed -by- tie- F��e- P�e�e�t�e�- Bt��ea.e ��de� -Seet }ems- 7- 8�-- tl�e- ��ee�se- sha��- met- be- }ss�ed- �.�d.e�- tke -p�e- sha��- be- �e��aded.- }e -��t�l . (b) If such application is disapproved by the Fire Prevention Bureau, the Environmental Protection Office, the Board of Public Works, or the Common Council the license shall not be issued under the provisions of Section 7 -78. SECTION VII. Section II, III, IV, V, VI, of this Ordinance shall be in full force and effect from and after its passage by the Com- mon Council, approval by the Mayor and legal publication. In order to enable persons affected by all other sections of this Ordinance to comply with the provisions hereof, the effective date shall be delayed until July 1, 1980, after passage by the Common Council, approval by the Mayor, and legal publication. Memb`e/7 the Common Council Passed, as amended, August 13, 1979 Words added (underlined) Words deleted (crossed through) -- - - - - -- Tnmmittrr 14 'part coo toe Tomnwn (Iounrd of tot ktity of OLW4 crud: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 7, ARTICLE 5, SECTION 7 -76, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE, BY REQUIRING THAT THE FENCING OF SCRAP AND JUNK YARDS BE CONSTRUCTED OF SOLID OR OPAQUE MATERIAL, BY PROHIBITING THE PILING OF SCRAP OR JUNK ABOVE THE HEIGHT OF THE FENCING, AND BY AUTHORIZING THE BOARD OF PUBLIC WORKS TO ADOPT RULES AND REGULATIONS. Respectfully report that they have examined the matter and that in their opinion THIS BILL BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Accepted bill favorable to Public Works Committee Amended this bill in Section I, (3) Buffer Strip by changing lot lines to property lines. Accepted amendment supplementing Public Works Committee amended this bill in Section IV (a) at end of paragraph after resolution change to read "at its next regularly scheduled meeting." Public Works Bill and supplement amending bill are attached. FRANK HORVATH Chairman FREE PRESS PUBLISHING CO. Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 March 21, 1979 South Bend Common C- ouncil County -City Building 4th Floor South Bend, Indiana 46601 Dear Members of the Common Council: 219/284 -9241 As you may be aware, there has been much public concern ex- pressed in recent months for the potential environmental and aesthetic problems resulting from the location of scrap and junk yards within the vicinity of residential areas. The attached bill would amend the present City Ordinance regulating scrap and junk yards by requir- ing such yards to be fully enclosed by solid or opaque fencing and to prohibit the piling of scrap or junk above the height of the fence. I believe these amendments will serve as an effective means to safeguard the integrity of residential neighborhoods in our community as a whole by requiring that scrap or junk stored in such yards be screened from the public view. Your favorable action on this bill will be appreciated. Ver raunner7O io Thomas City Attorney TJBjr /klh Attachment (1)