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Home My WebLink About28606 / 77-08i�C�:�I�� 0 197b � RESOLliTION _ . . _ _ _. � trT;�R�,aS a nlica�ions for licer�ses ha�;e been r.iade, fees I , P_ depos=t�c, and aIl legal procedures have been taken as per ordir.�rces oi ti�e City of' Oshkosh, *;O�t ^PE��FORE, BE IT RESOLVED by the Common Counci.l of . , the Ci�J• o" Oshkosh that the following licenses be granted: JUNK YARD LICENSE (EXPIRES : JUTYE 30 , 1977 ) Barneyts jdrecker Service, Tnc. 2110 Jackson Street - Gerald �.. Clark, Presiden� . � �(J�j'��i.'�Lrt��S! r� �-... _-....W,.... _..,..,.,., . ._.w.r .,..�..-Ma..,...�..�.�»...� � h�p�g^�r5i/n � � � Ci.,[ S ,Ct �J V Ai ` . . _ . � � � . - � � , .. . � . . � . � . � . . . � . . .>.. !. . . � ��>:. ox��c^ .� ' �� . cou�UCti_-��:��r.A�E�; ��u,rvisTr�nnn�! Opinion - 1977 __ � }:� T0: FRO�i: DATE: RE: OSHKOSH CITY COUNCiL MEMBERS WILLIAtVi P. NAGLE Assistant City Attorney JANiTARY 5, 19 7 7 JUNK YARB LICENSES BEING SUBJECT TO MUNICIPAL ORDINANCES You have asked our office to render an opinion as to �ohether or not junlc yards that have been annexed and are properly in ogeration, if granted a license to operate a junk yard, will have to conform to our municipal code provisions regulating junk yards. It is my opinion, that these junk yards, in general, are subject to our municipal code provisions with regard to junk yards. A junk yard in operation prior to the City's actions in annexing the property upon which the junk yard lies either conforms to City codes with regard to junk yard specifications or it is a nonconforming use. Either as a permited use or as a nonconforming use, the junk yard is subject to municipal code provisions with regard junk yards. Being subject to regulations as a permitted use is self-explanatory. However, a nonconforming user is still "...not immune from saf ety regulations..." as is stated in the American Law of Zonin , 1968 edition, and Vol. 1, page 469. The American Law of Zoning also states that, "A non- conforming use is amenable to municipal ordinances which apply to similar uses, conforming or nonconforming, maintained in the community," and it states that, "A noneonforming user has no greater right to maintain a nuisance than does a user who conforms to the zoning restrictions." This is also sited on page 469. Thus, it appears that regard2ess of how one views a junk Z�ard whi_ch has been annexed, it will be subject to our municipal codes. However, in the practical application of our municipal codes, it must be remembered that a junk yard, if viewed as a nonconforming use, and as such, must be permitted to remain in business. As Chapter 62.23(7)(h) of the tdisconsin Statutes states, "The lawful use of a building or premises...may be continued although such use does not conform with the provisions of the ordinance." Thus, should one or more of our municipal code provisions prove to be so restrictive upon a junk yard as to threaten to force it out of business, that provision might well be so unreasonable as to not require its enforcement. Respectfully submitted, /�''��c�(i' CG:-�� / �� l% WILLIAM P. NAGLE �`, Assistant City Attorney slm/7160 C' �. -.,' !_ __ 0 215 CHUR,^,H FlVE:`:t;r w P. O. QOX 1130 • OSHKOSH, WISCONSIN 54901 N m � � x � � � � �h � � � � � � � � �� ct3 0 � � � O rcS +� N � � � � � O � • �+ ri U L�- N � i-a p1 O r--I r-i O rd � tn � � •� Kl �' ��+m a � �ti � �ti c� rn �� x � �o � � m aa+� � � N �';,, ✓ � � �f � ti �` R, N � �� O � N O DC � � -4� N � O .�O Ei U �ri � � � � � r-1 �.,' O O N ri t/� U -1-� 4J •r-i O � � � � ti � � � � � a� .n � N U N A �� -v � � c� � . .E,� �-i U ti ti rn � � � � � N 'Ja r-1 CCT ; � � r � cC3 •r-I � U �