(A) A facility shall be operated, maintained or conducted entirely inside an enclosed building or buildings, or on premises enclosed by a fence with screening completely shielding its contents from public view and:
(1) All such fencing shall be made of such materials as set forth in the Land Development Code, as to completely screen from public view the contents of the facility. Fencing may be provided by, but not limited to, chain link fences with panel weave, wood or galvanized steel fences;
(2) All such fencing shall be no less than eight feet nor greater than 12 feet in height;
(3) All such fences shall be of similar composition, construction and color throughout;
(4) All such fencing shall be maintained in a neat, substantial and safe condition, and shall not be allowed to deteriorate;
(5) All gates shall conform to the same standard as those for fences and shall swing inwardly; such gates shall be kept closed and locked when the facility is not open for business;
(6) All such fencing shall be set back no less than five feet from any property line, public or utility easement, sidewalk or any public right-of-way.
(7) All fencing must meet with the approval of the Director.
(8) Any conditional use permit that is granted for the operation of a facility may specify additional buffering and/or screening to be required, but none of the requirements shall be less stringent than is set forth in this chapter, although they may be more stringent.
(9) Any facility in operation as of the original effective date of this chapter that made timely application for a license pursuant to § 114.04, and which currently maintains fences of a least seven feet in height shall be exempt from the requirements of subsection (A)(2) and (A)(6) above, so long as the current fences remain in good repair as determined by the Director. The requirements of subsections (A)(2) and (A)(6) shall be met, however, upon replacement of the current fencing whether such replacement is voluntary, or by order of the Director after inspection and written notice to the owner of general disrepair.
(10) If one or more sides of the facility abut property that is industrial, and do not provide an unobstructed view to the general public, or if there is a substantial buffer between properties, then the fence that is utilized shall not be subject to the screening requirements set forth herein, so long as the facility contents are completely shielded from public view by the buffer, or any buildings on the adjacent property.
(B) A facility shall comply with the following operational requirements:
(1) All business of the facility shall be transacted on the premises and none of the contents of the facility subject to the control of the owner or operator shall be allowed to remain outside the area enclosed by the building or the fence.
(2) The contents of a facility shall not be placed or deposited to a height greater than one foot below the height of the enclosing fence. However, higher elevations of land inside the facility may only be used if the contents are elevated (by any means, including ground elevation) five feet or less above the level of the exterior fence, and are located further than 100 yards from such fence.
(3) The contents of a facility shall not be placed or deposited closer than three feet to the enclosing fence, with the exception that motor vehicles shall be subject to the following additional restrictions:
(a) No vehicles, complete or dismantled, shall be stored within 500 feet of any private well, school, church, or public park, to be measured along a straight line from the nearest point on the herein-referenced properties to the vehicle in question; and
(b) No vehicles may be stored on land that is sited within the 100-year floodplain.
(4) No facility or part of a facility shall be allowed to operate on a slope greater than 12%.
(5) All facilities shall include fire lanes of a width specified by law to allow fire and safety personnel and equipment to function effectively on the premises.
(a) The space occupied by any collection of the contents of the facility shall not be located more than 55 feet from a fire lane or designated open space, as set forth on an approved site plan.
(b) Any collection of the contents of the facility shall be separated from any building of an adjoining property by a clearly defined open space or fire lane.
(c) All facilities shall submit a detailed survey, in accordance with § 114.04, showing designated fire lanes that must be approved by the Director and a Fire Marshall from the jurisdiction in question, before a license is issued.
(6) (a) If a vehicle is leaking anti-freeze, gas, oil, battery fluid, refrigerant, or other flammable liquids, it shall be drained within 72 hours of the time of placement on the licensed premises, or upon discovery of a leak at any point subsequent to placement on the premises. Such fluids shall be collected, stored and disposed of in accordance with applicable federal, state and local statutes, ordinances and regulations pertaining thereto.
(b) The owner/operator shall maintain records, which shall be available for inspection during regular business hours, which indicate the date and time of receipt of each motor vehicle located on the premises.
(7) All facilities shall have a paved surface with a containment curb, or an alternate method approved in writing by the Director, which is intended to prevent fluids from escaping to unpaved areas, on which the removal of fluids or crushing of vehicles shall take place.
(8) All parts removed from vehicles for sale, such as engines, transmissions, wheel assemblies, differential assemblies, and all other parts that may leak oil, or other potential contaminant shall be stored in a building or under a roof protected from exposure to the elements, or an alternated method that has been approved in writing by the Director shall be utilized, in order to prevent contamination of stormwater above regulatory limits.
(9) No facility shall be allowed to accumulate on the premises more than 100 tires that are not mounted on a wheel and attached to a vehicle, unless the tires are stored in accordance with the provisions of KRS 224.50-860.
(10) Any dismantling of all or part of a motor vehicle must take place only between the hours of 7:00 a.m. and 7:00 p.m.
(C) Licensed premises shall be allowed six months from the effective date of this chapter to come into compliance with subsections (B)(7) and (B)(8), herein. This in no way allows a waiver of any other provisions of this chapter or its effective date.
(1994 Jeff. Code, § 114.03) (Jeff. Ord. 6-1979, adopted and effective 4-26-1979; Jeff. Am. Ord. 8-2001, adopted and effective 4-24-2001; Jeff. Am. Ord. 34-2001, adopted and effective 12-11-2001; Lou. Metro Am. Ord. No. 178-2005, approved 10-31-2005) Penalty, see § 114.99