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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOBILE GRAVEYARD. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts and shall include any establishment or place of business upon which five or more unlicensed, used motor vehicles which cannot be operated under their own power, are not being restored to operable condition or are kept or stored for a period of 15 days or more.
FARM. Singularly or jointly owned land parcel or contiguous parcels on which agricultural operations are conducted as the primary use. Agricultural operations include, but are not limited to, cultivation of crops, the husbandry of livestock, and forestry.
GARAGE. Any establishment or place of business which is maintained and operated for the primary purpose of making mechanical and/or body repairs to motor vehicles, and which may store as many as five motor vehicles that are not capable of being driven under their own power and are not being restored to operable condition, regardless of length of time that individual motor vehicles are stored or kept at the property.
HEALTH or SAFETY NUISANCE. A motor vehicle, used machinery, or other used materials may be declared a health nuisance or safety hazard when it is found to be:
(1) A breeding ground or harbor for mosquitoes or other insects, snakes, rats, or other pests;
(2) A point of collection for pools or ponds of water;
(3) A point of concentration of gasoline, oil, or other flammable or explosive materials;
(4) So located that there is a danger of the vehicle falling or turning over;
(5) A source of danger for children through entrapment in areas of confinement that cannot be opened from the inside or from exposed surfaces of metal, glass, or other rigid material; and/or
(6) A point of concentration of car radiators, batteries, or other materials that pose either immediate or long-term environmental degradation.
JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, refrigerators, stoves, household appliances, salvaged building materials, salvaged machinery parts, dismantled or wrecked automobiles, or parts thereof, iron and steel and other scrap ferrous or non-ferrous material.
JUNKED MOTOR VEHICLES. A vehicle that does not display a current license plate and that:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
(3) Is more that five years old and appears to be worth less than $100.
JUNKYARD. Any establishment, commercial or noncommercial, place of business, or place which is maintained, operated, or used for storing, keeping, buying, or selling junk or for maintenance or operation of an automobile graveyard. An establishment or place of business which stores or keeps for a period of 15 days or more materials within the meaning of "junk" as defined in this subchapter which had been derived or created as a result of industrial or commercial activity shall be deemed to be a junkyard within the meaning of this subchapter. A JUNKYARD is created when 600 square feet or more of "junk materials" are kept on a site. Materials enclosed in closed buildings, solid waste containers, or rolling stock are excluded.
JUNKYARD CONTROL ACT. G.S. §§ 136-141 through 136-155 which delegate to the State Department of Transportation the responsibility to regulate "junkyards" and "automobile graveyards" located on interstate and federal-aid primary system highways.
MOTOR VEHICLE. Any machine designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
PRIMARY ROADS or PRIMARY SYSTEMS. The portion of connected highways as more officially designated or as may hereafter be so designated as PRIMARY ROADS or PRIMARY SYSTEMS by the State Department of Transportation or other appropriate authority.
PUBLIC ROAD. Any road or highway which is now or hereafter designated and maintained by the State Department of Transportation as part of the State Highway System.
RECYCLING CENTER. A temporary or permanent site at which glass, aluminum cans, paper, plastic, clothes, to similar materials commonly collected for recycling are collected and moved off site or kept on site in buildings, storage bins, solid waste containers, truck trailers, and other rolling stock.
RESIDENCE. A house, an apartment, a group of homes, or a single room occupied or intended for occupancy as separate living quarters for one or more humans.
SCHOOL. Any public or private institution for the teaching of children under 18 years of age which is recognized and approved by the State Board of Education or other appropriate licensing board.
SECONDARY ROADS. All roads, paved or unpaved, accepted for maintenance by the State Department of Transportation, other than "interstate systems" and "primary system."
SERVICE STATION. Any establishment which is maintained and operated for the purpose of making retail sales of fuels, lubricants, air, water, and other items for the operation and routine maintenance of motor vehicles, and/or for making mechanical repairs, servicing and/or washing of motor vehicles, and which is used to store not more than five motor vehicles that are not capable of being driven under their own power and are not being restored to operable conditions, regardless of the length of time that individual motor vehicles are stored or kept at the property.
UNZONED AREA. An area where no zoning is in effect.
VECTORS. Any organism that carries disease-causing microorganisms from one host to another (e.g., rats, mosquitoes, and the like).
VISIBLE. Capable of being seen without visual aid by a person of normal acuity.
(Ord. passed 1-8-1990; Ord. passed 6-6-2014)
(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)
(A) Bona fide service stations or garages, as defined by this subchapter, are exempted.
(B) This subchapter shall in no way regulate, restrict, prohibit, or otherwise deter a bona fide farm and its related uses.
(C) Recycling centers using enclosed structures or solid waste containers, bins, truck trailers, and rolling stock and equipment are exempted from this subchapter. Materials collected or equipment used at recycling centers and kept in outdoor storage containers, bins, vans trucks, and rolling stock or simply outdoors must be screened and fenced in accordance with this subchapter.
(Ord. passed 1-8-1990; Ord. passed 6-6-2014; Ord. passed 3-21-2022)
(A) Generally. All new junkyards established in accordance with this subchapter and all preexisting junkyards may be operated subject to the fencing and screening conditions.
(B) Preexisting. Junkyards in existence on the effective date of this subchapter, including any junkyard along any road or highway which may be hereafter designated as a primary or secondary road, may comply with this subchapter by registering and meeting the requirements for preexisting junkyards as set forth in § 91.20(A)(1) and (A)(2), or meeting one of the following conditions:
(1) Remove junk and equipment that may be located within 50 feet of the property lines to an area further than 50 feet from the property lines. Install an all-season vegetation screening between junk materials and property lines. Thereby, the owner has agreed to honor setbacks of 50 feet and maintain an all-season vegetation screening; or
(2) Screen and fence the junkyard in accordance with the screening and fencing provisions of division (C) below for new junkyards.
(C) New. Junkyards established after the effective date of this subchapter may comply with this subchapter by registering, meeting the requirements of § 91.20(B), and meeting the fencing and screening requirements of this section.
(1) The junkyard shall be entirely surrounded by an opaque fence at least six feet in height or by either a woven or welded wire (14-gauge minimum) or chain link fence a minimum of six feet in height and with vegetation that provides a continuous all-seasons opaque screen (six feet in height). The fence and vegetation shall surround the minimum area necessary for the junkyard to not be visible from a point at the same elevation as the junkyard and also maintained at its present size. Vegetation shall be planted on the outbound side of the fence, contiguous to, and not more than five feet from the fence. Vegetation that serves as screening shall be of a type that can reach a minimum height of six feet within five years from the date planted and 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 junkyard or automobile graveyard. The hedgerow shall be maintained as a continuous, unbroken hedgerow for the period the property is used as a junkyard. Each owner, operator, or maintainer of a junkyard shall utilize good husbandry techniques, for example, pruning, mulching, and proper fertilization, so that the vegetation can reach a height of six feet within five years of the date planted and will have a maximum density and foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time.
(2) All operations, equipment, junk, and/or inoperable motor vehicles shall be kept within the confines of the fence at all times unless in motion by transport to or from the site.
(D) 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)
(A) All junkyards shall be maintained to protect the public from health nuisances and safety hazards.
(B) The County Health Department may inspect each junkyard to determine that no vectors are present. Should vectors be identified, the owner/operator/maintainer shall submit satisfactory evidence to the Health Department and Planning Department that vectors have been eliminated.
(C) Failure to comply with this section may result in revocation of permit. 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)
(A) All owners, operators, or maintainers of automobile graveyards or junkyards existing at the effective date of this subchapter shall register same with the county within a period of 180 days beginning with the effective date of this subchapter. All existing automobile graveyards or junkyards that have not been registered within 180 days shall be in violation of the provisions of this subchapter.
(B) Registration shall be accomplished by acquiring a permit and paying a permit fee of $20. The Ordinance Administrator shall provide the permit form. A junkyard plan prepared by the owner or operator shall be submitted as part of the junkyard registration. The plan shall indicate setbacks, location of public rights-of-way, all proposed structures, all structures within 300 feet of junkyard, driveways, entrances, fencing, screening, types of fencing, types of screening, dimensions of junkyard, gross acreage, owner(s)' name(s), and address(es). Submission of information shall establish preexisting conditions. All permit requirements of § 91.26 shall be met. The plan may be drawn at either one inch = 50 feet, one inch = 100 feet, one inch = 200 feet, one inch = 400 feet scale or freehand with corners identified by the owner on the junkyard site and referenced on the plan. Three copies shall be submitted, one of which shall be on reproducible material.
(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)
All existing junkyards at the effective date of this subchapter, registered in accordance with the § 91.24, shall be granted a compliance period of 24 months from the effective date of registration to conform to these provisions. Thereafter same shall be in violation of this subchapter. Any 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)
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