Junk yards in existence on the effective date of this chapter shall conform to the requirements of this chapter as applicable.
(A) Pre-existing junk yards. Pre-existing junk yards shall meet the requirements specified in divisions (B)(4) through (10) below.
(B) New junk yards. The following criteria shall be applicable to new junk yards. All junk yards 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 buildings, public recreation facilities or residence (excluding residence of the owner or his or her agent);
(2) Be situated on a parcel of at least four acres excluding rights-of-way that is undivided by public road right-of-way or public dedication;
(3) The driveway or entrance roadway may not be located closer than 30 feet from any side property line;
(4) Have a minimum setback to any required fence and/or vegetative screening from the front, side and rear property lines excluding road right-of-way of at least one foot, and at least 20 feet from the main traveled portion of a public state maintained street or highway; unless greater screening is provided by the fence or vegetation being closer to the travel way and the Department of Transportation allows or recommends the location of the screening;
(5) All buildings, (excluding existing buildings and equipment and operations therein) equipment, operation, (except roads) and junk shall not be situated within 50 feet of an intermittent or continuously flowing stream as designated on the most recent United States Geological Survey maps. 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;
(6) All buildings, (except existing building and equipment and operations therein) equipment, operations (except roads) and junk shall not be situated within ten feet of the front 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;
(7) All buildings, (except existing building and equipment and operations therein) equipment, operations (except roads) and junk shall not be situated within ten feet of the front, side and rear property lines;
(8) Fence a minimum of four feet in height by either a woven or welded wire (14-gauge minimum) fence or chain link fence if within 500 feet of an occupied structure (excluding a residence occupied by the junk yard owner and/or operator). The fence shall be situated between the junk yard and the occupied structure. The fence shall extend a minimum of 500 feet along the boundary of the junk yard. The distance from the occupied structure to the farthest point of the fence shall not be less than 500 feet unless the junk yard is completely enclosed by the fencing. When fencing is required there shall be screening according to division (B)(9) below. Screening is not required when natural vegetation is a depth of 150 feet and a minimum of six feet in height between the junk yard and the occupied structure. Fencing requirements shall not apply if a residence or occupied structure is constructed on land purchased after the junk yard is registered or permitted, if not otherwise applicable;
(9) (a) Property that is visible from the public state maintained road shall provide an opaque fence along the road side 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 the vegetation. Vegetation not less than two feet in height at the time of planting shall be planted. Screening is not required when natural vegetation is a depth of 150 feet and a minimum of six feet in height between the junk yard and the occupied structure. 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 chapter. This does not exempt the property from being fenced as specified in division (B)(8) above. Screening requirements shall not apply if the residence or occupied structure is constructed on land purchased after the junk yard is registered permitted, if not otherwise applicable.
(b) Where due to distance, topography or other site considerations the Enforcement Officer determines from field investigation that the height screening required would not screen the junk yard, the screening may not be required along the applicable property lines.
(c) Vegetation that serves as screening shall be planted at intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow (without gaps or open spaces) will exist to a height of at least six feet along the length of the fence surrounding the junk yard or automobile graveyard, the vegetation shall be maintained as a continuous, unbroken hedgerow for the period the property is used as a junk yard.
(d) Each owner, operator or maintainer or a junk yard 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.
(10) All junk and/or inoperable motor vehicles shall be kept within the confines of the fence and vegetative screening at all times unless in motion by transport to or from the site; and
(11) 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 3-9-1992; Ord. passed 3-8-1993) Penalty, see § 111.99