(A) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B) It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of public or private property. Single permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
(C) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.
(D) Subject to the provisions of division (E), upon investigation, the Town Code Enforcement Officer may order the removal of a junked motor vehicle as defined in this chapter after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing on the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered.
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness and emotional stability of area residents.
(E) Exceptions; permitted concealment.
(1) One junked motor vehicle, in its entirety, can be located in a residential rear yard, as defined by the Zoning Ordinance, if the junked motor vehicle is covered with a manufactured car cover or is enclosed by an opaque fence so that it is not visible from any adjacent property or right-of-way and it is parked on a durable surface. The location and size of the durable surface shall be in accordance with the applicable provisions of the Zoning Ordinance. The manufactured car cover and fence shall remain in good condition and will not be allowed to deteriorate.
(2) One junked motor vehicle is allowed in an enclosed building that must be maintained and free from deterioration and/or collapse. The building must conform to the building code and applicable provisions of the Zoning Ordinance.
(3) A vehicle that has been issued a 30-day auto repair permit. This permit must be obtained from junked motor vehicles that are being repaired so that they will no longer qualify as a junked motor vehicle or to provide time to otherwise bring the code violation into compliance.
(4) Vehicles in a bona fide auto storage yard or junk yard as defined and permitted in the Zoning Ordinance.
(F) The Town's Zoning Administrator has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of this chapter. Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicle(s) cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.
(Ord. 90-91-16, passed 4-8-91; Am. Ord. 93-94-25, passed 5-9-94; Am. Ord. 02-03-31, passed 3-10-03; Am. Ord. 06-07-22, passed 10-23-06)