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HomeMy WebLinkAboutOrd. 226 - Junkyards & Auto Recycling CITY OF ANDOVER COUNTY OF ANOKA STATE OF MThiNESOT A ORDINANCE NO. 226 AN ORDINANCE REGULATING AND LICENSING JUNKY ARD DEALERS AND AUTO RECYCLING YARDS AND DEALERS IN THE CITY OF ANDOVER. The City Council of Andover hereby ordains as follows: Section 1. Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this ordinance: Automotive Rec;yclahles and/or Junk - shall mean motor vehicles in whole or part, no longer used as such, to be used for scrap metal or stripping of parts; old iron, steel, brass, copper, tin, lead. or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bonles or other glass; bones; wastepaper and other waste or discarded material which might be foregoing; but '~unk" shall not include materials or objects accumulated by a person as by-products. waste, or scraps from the operation of the business or materials or objects held and used by a manufacturer as an integral part of the manufacturing processes. ; Automobile Recvcling Dealer and/or Junk Dealer - shall mean a person who operates an automotive recycling yard and/or junkyard within the City. Automobile Recycling liJ.rd and/or Junkyar;i - shaH mean a yard, lot or place, covered or uncovered. outdoors or in an enclosed building, containing automotive recyclables and/or junk as defined in this ordinance, upon ~:\'3ich occurs one or more acts of buying, keeping. dismantling, processing, selling. or offering for sale any such automobile recyclables and/or junk. in whole units or by parts. for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity. Natural Screening - shall mean densely planted vegetation, berming or topography which. at all times, prevents visual contact with stored materials from adjacent businesses, residences, public roadways or public lands. Permn - shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. Security Fence - shall mean an unclimbable fence with a minimum height of six (6) feet, the purpose of which is to discourage theft and uncontrolled entry. Section 2. License Required. No person. firm or corporation shall engage in the occupation of an automotive recycling yard and/or junkyard or automobile recycling dealer and/or junkyard dealer without first having secured a Special Use Permit and a license in a manner hereinafter set forth. Section 3. Application. All applicants desiring to secure a license, shall make a written application to the City Clerk, upon forms supplied by the City, accompanied with a fee set by City Council resolution. .: In addition to the above requirement, the applicant shall file with the City Clerk policies of public liability and property damage insurance which shall remain in force and effect during the entire term of said license and which shall contain a provision that they shall not be canceled without ten (10) days written notice to the City. Liability requirements shall comply with the limits required by State Statute. No license shall be granted until said insurance policies have been filed and approved by the City. No license shall be issued until the applicant has executed under the City of Andover and deposited with the City Clerk a corporate surety bond approved by the City Clerk in the sum of five thousand ($5,000) dollars guaranteeing the compliance with the provisions of this ordinance. Such bond shall remain in force and must be executed for a period of one (1) year except that on such expiration it shall remain in force as to all penalties. claims, and demands that may have occurred thereunder prior to such expiration. Applications for an automotive recycling yard and/or junkyard license shall be filed \\-ith the City Clerk and shall be reviewed and subject to approval or denial by the majority vote of the City Council \\ithin sixty (60) days of the application date. ~ Sedion 4. General Operating Requirements. The following general operating requirements shall apply to all automotive recycling yard andlor junkyard dealers licensed in accordance with the provisions of this ordinance: 1) The automotive recycling yard andlor junkyard. together with items kept therein. shall at all times be maintained in a sanitary condition. . 2) No space not covered by the license shall be used in the licensed business. 3) No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises. 4) No automotive recyclables andlor junk shall be placed or plied within forty (40) feet of the traveled portion of any public street. walkway. or curb. or allowed to be blown off the business premises. 5) Automotive recyclables andlor junk shall not exceed the height of the fence. except for snow accumulation and shall be arranged to permit easy access to all automobile recyclables and/or junk for fire fighting purposes. 6) No combustible material of any kind not necessaxy or beneficial to the licensed business shall be kept on the premises nor shall be allowed to become a fire hazard. " 7) All fluids and gasses shall be removed and disposed of in an approved manner from any scrapped engines or scrapped vehicles on the premises. 8) No processing of automotive recyclables and/or junk or any other noisy activity shall be carried on in connection with the licensed business on . . Sunday, any legal holiday. or at any time between the hours of 6:00 P.M. and 7:00 A.M. 9) The license shall at all times retain on me and shall permit inspection. by a member of the Andover City Councilor its authorized representative. one of the following: a) A copy of the Bill of Sale or Title Card or Dealer"s Purchase Receipt as prescribed by Minnesota Department of Public Safety pursuant to Minnesota Statutes. \\ith motor vehicle serial numbers contained thereon. for each motor vehicle purchased by the licensee within the previous thirty-six (36) months. bl A Dealer's Junk Report. which shall be filed with the State each month. 3 10) Section 5. c) The name. address and telephone number of each person who has sold a motor vehicle to the licensee within the previous thirty-six (36) months and attached thereto or filed therewith shaH be the license number of the motor vehicle the seHer rode in when he/she sold the motor vehicle to be junked and, in addition to the foregoing, information shall be tiled containing the description, license number and serial number of the vehicle that was sold to the licensee. No automotive recycling yard and/or junkyard shall be allowed to become a nuisance or shall be operated in such manner so as to become injurious to the health, safety, or welfare of the community or of any residents close by. Initial License Fees and Requirements. The initial annual fee to be paid for any automobile recycling yard and/or junkyard license application shall be set by City Council resolution. In addition, the following requirements shall be met: 1) Exterior Storage. Where automotive recyclables and/or junk is kept outdoors, the area shall be enclosed by a solid vertical wall or fence of uniform material and color which is at least six (6) feet high and a maximum height of twelve (12) feet, said height to be consistent over any adjacent residential or business properties, public roads or public lands as measured from the street level. Where junk is piled, the height of the pile shall not exceed the height of the fence. .: Said fence shall be erected according to the following schedule: a) Thirty (30) days following the approval of a Special Use Permit for such purpose but prior to the issuance of the automotive recycling yard and/or junkyard license, the property owner shall fence the entire premises pursuant to the requirements of this ordinance. During the period said license is in effect. the fence shall be kept in adequate repair so as to comply with the intent of the ordinance. b) In addition to the fencing requirements, the licensee shall be required to plant a living fence of evergreen trees or other suitable species of plant approved by the City Council. Such living fence shall require trees of at least four (4) feet in height at time of planting and spaced not more than ten (10) feet apart. Such living fence shall be maintained in good health and any plant which dies or is destroyed shall be replaced by May I st of the following year. 4 A living fence shall be planted on the portion of the property abutting a public street or adjacent property which is zoned R-I, R-2, R-3, R-4, R-5, M-I, M-2 or developed under a Planned Unit Development (PUD). 2) Variances. a) The City Council may grant a variance from the fencing provisions of this ordinance for one of the following reasons: I) The portion of the property abuts another automobile recycling yard and/or junkyard. 2) The portion of the property which has sufficient natural screening. A variance for natural screening would require a. security fence for the purpose of safety. Fencing shall be a nonclimbable fence with a minimum of six (6) feet in height. b) Revocation of V ariance: If screening changes in such a manner that stored materials come into view of adjacent residences, businesses, public roads and public lands, the variance will be revoked immediately and the applicant has thirty (30) days from date of notice to provide screening as in compliance with this ordinance. ; Section 6. Renewal of License and Requirements. The following requirements shall be met before a license is considered for renewal: I) The annual fee for such license shall be paid to the City. The annual renewal fee shall be set by City Council resolution. The license renewal period shall be from July 1 through June 30 of each year. 2) Before renewal, the requirements of this ordinance shall have been met or completed. 4) An additional fee as established by City Council resolution shall be charged to automobile recycling dealers and/or junkyard dealers who do not receive licensing approved by the City Council before July 1 st of the licensing year. 5 Section 7. Inspections. The City Council or its duly authorized representatives. shall inspect the automotive recycling yard and/or junkyard of all dealers licensed under this ordinance at least once a year to determine whether such yards are being operated in accordance v.ith the provisions of this ordinance and other applicable provisions of law. One such inspection must have been made within two (2) months prior to renewal of any automotive recycling and/or junkyard license. The licensee shall permit inspection of the business premises by any member or representative of the City Council at any time during business hours. Each junk dealer shall display their license in a conspicuous place on the business prenuses. Section 8. Transferabili~. No license issued under this ordinance shall be transferred or used by any person other than the one to whom it was issued except upon approval of the City Council. As a prerequisite to said approval, the transferee must meet all qualifications required by this ordinance of the original licensee. No automotive recycling and/or junkyard dealer license shall be used at any location other than the one described in the application and for which it was issued. .: Section 9. Hearing on Granting. Denial. Renewal. or Revocation of License. . Any person aggrieved by an Order of the City Council granting, denying, renewing, suspending, or revoking a license for a proposed or existing business or activity subject to the provisions of this ordinance, may file a written request for a hearing before the City Council within ten (10) days after issuance of such hearing upon this request to be held in not less than five (5) days after service of the notice on the person requesting the hearing. The City Council may also give notice of the hearing to other persons directly interested in the Order in question. At such hearing, the City Council shall determine whether the granting, denial, renewal, suspension or revocation or the license was in accordance with the provisions of this ordinance and shall issue a written Findings of Fact, Conclusions of Law. and Order to carry out it's findings and conclusions. Those Findings of Facts. Conclusions of Law, and Order shall be filed with the City Clerk and shall be mailed to all interested parties appearing or represented at said hearing. The City Attorney shall furnish such assistance and advice to the City Council as said Council shall request. \\ben the City Council determines that the public interest so requires. it may re',;oke or suspend the license of any automotive recycling and/or junk dealer when it tinds. after due investigation and a public hearing. that: 6 I) The licensee or any of the employees or agents have concealed the receipt of stolen property or have kno\\ingly received stolen property. 2) The licensee has failed to comply with the provisions of law applicable to the premises, equipment or operation of the licensed business. 3) The licensee has obtained the license through fraud or misstatement. 4) The licensed business or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in any unlawful manner. 5) The licensed business or activity has not been operated or carried on for a period of six (6) months. Section 10. Commercial Building Construction. Not withstanding the fact that auto recycling yards are a non-conforming use within the City of Andover, auto recycling yards in existence and licensed may be permitted to construct a commercial building for the removal and temporary storage offIuids and other environmentally hazardous materials from junked vehicles upon approval of plans by the City and with concurrence of the appropriate Anoka County officials which.permit the storage and processing of hazardous materials under State and Federal guidelines. . . The construction of other buildings for the ~10rage of materials removed from junked vehicles may be promoted under the following conditions: 1) Any buildings so constructed shall comply with all current applicable City ordinances, standards and criteria at the time of said construction: 2) The amount of land area covered by all structures utilized by the non- conforming use shall not be greater than allowed by this or other ordinances of the City for said zoning district. 3) Outside storage of vehicle carcasses must be reduced by twice the square footage of all structures upon completion of the structure. Such reduction in the size of outdoor storage shall be permanent and must be used for either customer parking lot area in accordance with the Zoning Ordinance, open space/green space, berming and/or other planting of trees or other shrubbery ofa type and quantity approved by the City. A plan shall be submitted and approved by the City prior to a building permit being issued. The plantings must serve to screen the yard from public view. Trees and shrubbery must be of such a quantity and size "vhen planted to assure coverage within a three (3) year period. Any 7 shrubbery or trees which die, must be replaced with the same type by the next growing season. 4) Should any buildings be destroyed or damaged by fire, flood. explosion, earthquake, war, riot, or act of God beyond fifty (50%) percent of the fair market value, as estimated by the Building Official, they may be reconstructed or rebuilt within twelve (12) months of the destruction or damage. The construction of buildings by uses which are non-confonning shall be limited to hazardous materials removal and parts storage. No other expansion or additional uses of any kind are allowed. The City shall be provided reasonable access to inspect and to certify that the teon and conditions of this Section of the ordinance are fully complied with. Failure to comply with the cG-nditions of this Section shall be cause for action by the City for revocation of a license to operate within the City through procedures defined in this ordinance and as prescribed by law. Section 11. Compliance. Any person acting as an automotive recycling and/or junk dealer within the City of Andover on the effective date of this ordinance shall have a period of ninety (90) days after such effective date to comply with provisions of this ordinance. .. Section 12. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor as defmed by State law and subject to the penalties thereof. Section 13. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this ordinance. Adopted by the City Council of the City of Andover on this 1st day of Ju 1 v 1997. ATTEST CITY OF ANDOVER " .'... /? ,.-- k4U,...- ,.' ( ,1 t' ,i, ..;;,,';' ,-,,~ r: )J;e- .' . E. McKelvey. ~Iayor Victoria Yolk. City Clerk 8 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 226 SUMMARY A..lI.l ORDINANCE REGUAL TING AND LICENSING JUNKY ARD DEALERS AND AUTO RECYCLING YARDS AND DEALERS IN THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The City fmds it necessary to adopt an ordinance that regulates the licensing and operation of automotive recycling yards or junkyards. It is the purpose of this ordinance to regulate automotive recycling yards to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: I. Require all automotive recycling yards to be licensed with the City. 2. Assure compliance with all operating procedures. 3. . Assl,lre compliance with all property performance standards. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or hislher designees shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate. or impair any existing easements, covenants. or deed restrictions. However, where this ordinance imposes greater restrictions. the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this lith day of.hlb!, 1997. AlTEST: CITY OF ANDOVER iL~~ 14 Victoria V olk. City Clerk ~ t. )#c~ . E. McKelvey. Mayor 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 226A AN ORDINANCE REPEALING ORDINANCE NO. 226, REGULATING THE LICENSING OF JUNKY ARD DEALERS AND AUTO RECYCLING YARDS AND DEALERS IN THE CITY OF ANDOVER. WHEREAS, junkyard dealers and auto recycling yards and dealers are no longer allowed in the City of Andover. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby repeal Ordinance No. 226. Adopted by the City Council of the City of Andover this 2nd day of January, 2001. CITY OF ANDOVER Attest: ~~~d~ rMichael R. Gamache - Mayor ,i.:..1._ IlL/ (Ju.-(.".,.u-- 'j, .v Victoria Volk - City Clerk