Junkyards in existence on the effective date of this chapter shall conform to the requirements of this chapter as applicable.
(A) Pre-existing junkyards. Pre-existing junkyards shall meet the requirements specified in divisions (B)(4) - (6), (8) and (9) of this section.
(B) New junkyards. The following criteria shall be applicable to new junkyards. All junkyards which are established from and after the effective date of this chapter shall meet the following standards:
(1) Not be located closer than 500 feet to a pre-existing church, school, day care center, nursing home, skilled health care facility, hospital, public recreation facilities or residence (excluding residence of the owner or his agent or employee); and
(2) Be situated on a parcel of at least four acres excluding rights-of-way that are undivided by public road right-of-way or public dedication; and
(3) Any driveway, roadway, or entrance to the proposed junkyard shall not be located closer than 30 feet from any side property line; and
(4) Have a minimum setback for any junked material from the required fence and/or vegetative screening from the front, side and rear property lines excluding road right-of-way of at least 20 feet; and
(5) All buildings, (excluding existing buildings and equipment and operations therein) equipment, operation, (except roads) and junk shall not be situated within 25 feet of an intermittent or continuously flowing stream as designated on the most recent U.S. Geological Survey maps. The same shall not be closer than 100 feet to the bank of a river or an intermittent or continuously flowing stream that is located within one-half mile of a river; and
(6) All buildings, (except existing buildings, and equipment and operations therein) equipment, and operations (except roads) shall not be situated within ten feet of the front, side and rear property lines excluding road rights-of-way and at least 30 feet from the main traveled portion of the public state- maintained road or highway; and
(7) If the proposed junkyard is to be within 500 feet of an occupied structure (excluding a residence occupied by the junkyard owner and/or operator), then the junkyard shall be completely enclosed by a fence a minimum of six feet in height by a woven or welded wire (24-gauge minimum) fence, chain link, wooden or solid metal fence. When fencing is required there shall be screening according to division (B)(8) below. Screening is not required when natural vegetation is a depth of 25 feet and minimum of six feet in height between the junkyard and the occupied structure. Fencing requirements shall not apply if a structure is constructed on land purchased after the junkyard is registered or permitted, if not otherwise applicable; and
(8) If proposed or pre-existing junkyard property is visible from the public state maintained road or pre-existing occupied structure within 500 feet of the proposed or pre-existing junkyard property, the proposed or pre-existing junkyard owner shall provide an opaque fence along all visible sides of the property or install vegetation that provides a continuous all-season opaque screen at least six feet in height within four years of planting or setting said vegetation. Vegetation not less than two feet in height at the time of planting shall be planted. Additional screening may not be required along the road when natural vegetation exists that provides an all-season opaque screening. If natural vegetation is reduced below the depth or effectiveness specified, the property shall be required to be screened according to this section. This does not exempt the property from being fenced as specified in division (B)(7), except for pre-existing junkyards. Screening requirements shall not apply if the residence or occupied structure is constructed on land purchased after the junkyard is registered or permitted, if not otherwise applicable. Where due to distance, topography or other site considerations the Compliance Officer determines from field investigation that the height screening required would not screen the junkyard, said screening may not be required along the applicable property lines. Each owner, operator, or maintainer of a junkyard shall utilize good husbandry techniques such as pruning, mulching, and proper fertilization, so that the vegetation will have maximum density and foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time.
(9) All junk and/or inoperable motor vehicles shall be kept within the confines of said fence and/or vegetative screening at all times unless in motion by transport to or from the site.
(10) On-site traffic areas shall be provided and arranged in a manner to provide adequate areas to prevent backward movement onto the state maintained road.
(Ord. passed 6-21-04)