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(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)
(A) No person or entity shall establish, operate, or maintain a junkyard without obtaining a permit. The permit shall only be issued upon the person seeking the permit submitting a statement, under oath, that the existing or proposed junkyard does not violate any of the provisions of this subchapter. The permit shall be valid until revoked for the nonconformance with this subchapter. Application for the permit shall be made to the administrator of the ordinance, on the forms as the Ordinance Administrator shall prescribe. A junkyard plan prepared by the applicant shall be submitted as part of the junkyard permit.
(B) 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). The plan shall be on 18-inch by 24-inch sheets at either one inch = 50 feet, one inch = 100 feet, one inch = 200 feet, or one inch = 400 feet scale. Three copies shall be submitted, one of which shall be on reproducible material.
(C) The fees for the junkyard permits issued under this section shall not exceed a $20 initial fee.
(D) Any new expansion of a junkyard shall require a permit and shall be permitted in accordance with this section as a new establishment.
(E) A rejected permit may be resubmitted within ten days within the date of rejection without incurring an additional permit fee.
(F) Penalty. If a person or entity fails to obtain a permit as required under this section, then said person or entity 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) The Ordinance Administrator shall enforce this subchapter. He or she may call upon other agencies as necessary to assist in enforcement of this subchapter.
(B) In addition, whenever the Administrator receives a complaint alleging a violation, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(C) The owner, tenant, or occupant of any building or land or part thereof and agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this subchapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(D) The following procedure shall apply upon discovery of a violation under this subchapter.
(1) If the Administrator finds that any provision of this subchapter is being violated, he or she shall send a warning citation to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.
(2) A warning citation shall be issued by the Ordinance Administrator giving the violator ten days to correct the violation. The violator may submit to the Ordinance Administrator a written request for extension of the order's specified time limit for correction of the violation. On determining that the request contains enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Ordinance Administrator may extend the time limit as reasonably necessary to allow timely correction of the violation.
(3) The warning citation shall establish the facts and state what action the Administrator intends to take if the violation is not corrected. Furthermore, the violator shall be informed of the method of appeal.
(4) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this subchapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this section.
(Ord. passed 1-8-1990; Ord. passed 10-21-2002; Ord. passed 6-6-2014; Ord. passed 3-21-2022)
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