(A) Preexisting. The following criteria shall be applicable to preexisting junkyards which are registered within 180 days of the effective date of this subchapter. No portion of any junkyard shall be operated, maintained, or established, except those junkyards meeting any of the following conditions:
(1) Those which are screened by natural land features or vegetation, berms, plantings, opaque fences, or other appropriate means which sufficiently preserves the policy and intent of this subchapter so as not to be visible from the main-traveled way of any primary or secondary road at any season of the year;
(2) Those which are further that 1,000 feet from the main-traveled way of a primary or secondary road at any season of the year; and/or
(3) Those which are either not visible from adjoining properties because of screening with natural land features or vegetation, berms, plantings, opaque fences, or other appropriate means and honor minimum front, rear, and side yard setbacks established in § 91.22 or are screened and/or fenced in accordance with § 91.22.
(B) New. The following criteria shall be applicable to new junkyards. All junkyards which are established from and after the effective date this subchapter, or that have been issued a current valid permit to establish, operate, or maintain a junkyard, as provided in § 91.26, shall meet the following standards:
(1) Be situated on a continuous parcel of at least five acres excluding rights-of-way that is undivided by road right-of-way or public dedication;
(2) Have a minimum front line of 100 feet on a public right-of way with a driveway entrance that has a centerline not closer than 30 feet to side property lines;
(3) Have a minimum setback to the fence from front, side, and rear property lines, excluding right-of-way of at least 100 feet;
(4) Be screened as herein provided, or not visible from the main-traveled way of a primary or secondary road at any season of the year;
(5) Not be located closer than 300 feet to either a preexisting church, school, day-care center, nursing home, skilled health care facility, residence, hospital, public buildings, or public recreational facilities. On-site residence of the property owner or his or her agent may be permitted by written waiver of the Ordinance Administrator; and
(6) Fenced, screened, and maintained as provided for in § 91.22.
(C) Penalty. Violation of this section shall be subject only to monetary fines and injunctive relief as provided in § 91.99 herein. A violation of this section shall not be punishable as a criminal offense pursuant to G.S. § 153A-123(b1).
(Ord. passed 1-8-1990; Ord. passed 6-6-2014; Ord. passed 3-21-2022)