The maintenance of conditions which would otherwise be considered a violation of this subchapter shall be lawful under this subchapter if:
(A) The premises is being used as an active, ongoing salvage business located in an area properly zoned as a salvage yard, pursuant to the town’s Zoning Ordinance, as may be amended from time to time;
(B) The owner(s) of the premises possesses a conditional use permit, pursuant to § 155.075 of this code of ordinances, as may be amended from time to time; and
(C) The condition on the premises is shielded from public view in accordance with the following standards.
(1) Erection and maintenance of fences.
(a) Wooden fences. When wooden fences are used for shielding, the boards must be spaced and/or slatted to reduce wind load. The space between boards when viewed from broadside shall not be more than one and one-half inches, and the interval between spaces shall not be less than seven and one-half inches. Rough dimension lumber or better is acceptable.
(b) Chainlink. Chainlink fences with standard fiberglass or other inserts are acceptable; provided, the gap between adjacent slats does not exceed one and one-half inches.
(c) Other types of fencing. Other types of fencing of equivalent permanence, attractiveness and shielding quantities, including corrugated metal, may also be acceptable, with the prior approval of the Department of Public Works.
(2) Alternative shielding.
(a) Shrubs and trees. Shielding with shrubs and trees is acceptable, as long as the trees and shrubs provide a similar degree of shielding at all times of the year; and, provided that, they do not violate § 154.05 of this code of ordinances.
(b) Fencing material. No more than one fencing material shall be used on any one side of a shielding barrier, unless specifically approved in writing by the Department of Public Works.
(c) Maintenance. The shielding erected for mitigation purposes shall be maintained by the owner or occupant of the premises in an appropriate and workmanlike manner and shall be replaced as it becomes necessary.
(Ord. 344, passed - -2021)