(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)