§ 117.021  OPERATION.
   (A)   It shall be unlawful for any person, firm or corporation to maintain any motor vehicle junkyard, as defined by § 117.020 of this chapter, unless the place where the junkyard is located complies with the following: it shall be enclosed with a solid fence not less than seven feet in height so as not to be open to public view. The enclosure shall be maintained in a neat and substantial condition and, if of wood, it shall be painted.
   (B)   A junkyard owner may make application to the city’s Board of Adjustment for an exception to the fence requirement. The Board of Adjustment shall consider the following factors in granting such an exception:
      (1)   The health, safety and welfare of the public;
      (2)   The visual impact on the public and adjacent landowners; and
      (3)   If one or more sides of the junkyard have no visual impact on the public, an exception to the required fence may be granted on those particular sides only. This means that any side that is allowed to be unfenced must not face any occupied business or occupied structure, except another junkyard.
   (C)   The Board of Adjustment shall have no jurisdiction to grant an exception unless all three of the criteria in this section are met. At any time after granting such an exception the Board of Adjustment, after notice and hearing, may revoke the exception and require the junkyard owner to construct a fence in accordance with the requirements set forth in this section.
   (D)   The assembly in such enclosed place of motor vehicles of the type and character, as defined in § 117.020 of this chapter, shall be so arranged as to permit reasonable access thereto by fire trucks and so as to permit access and inspection thereof by police or sanitation officers.
   (E)   If the enclosure is of wood construction, all motor vehicles therein and all accumulations of salvage materials therefrom shall not be deposited or piled within four feet thereof and in no event piled higher than seven feet, regardless of the materials used in the enclosure.
   (F)   No burning out of discarded or junked motor vehicles or materials therefrom shall be permitted within such enclosure or within the city.
   (G)   All gasoline, oil or other inflammable liquids shall be drained from such discarded or junked motor vehicles into leak-proof containers and shall not be permitted to drain on the ground or into open pits.
(2013 Code, § 17-128)  (Ord. 14066, passed 8-24-1981; Ord. 14500, passed 3-13-1995)  Penalty, see § 10.999