(A) The purpose of this section is to govern the inspection and certification of salvage yards, junkyards and automobile graveyards as set forth hereunder.
(B) These procedures shall apply to any establishment or expansion of any salvage yard, junkyard or automobile graveyard.
(C) (1) All salvage yards, junkyards and automobile graveyards shall be recorded and plotted on the county map upon their registration. A copy of the map shall be maintained in the County Judge's Office.
(2) A certificate of operation form shall be completed on all existing salvage yards, junkyards and automobile graveyards in the county. The information recorded on this form shall serve as the basis for compliance or noncompliance with the provisions of these regulations.
(3) The county shall periodically monitor state secondary highways, county roads or other public roads for the establishment of new and/or expansion of salvage yards, junkyards and automobile graveyards.
(D) (1) Individuals who wish to establish or expand a new and/or existing salvage yard, junkyard or automobile graveyard shall request a certificate of operation from the county. Applicants for a certificate of operation shall be informed of and receive a copy of this chapter. Particular attention shall be focused on divisions (E) and (H) below.
(2) Property owners operating in violation hereof shall be informed by certified letter that a request in person must be made to the County Judge's Office for a certificate of operation. The owner shall have 30 days from receipt of certified letter to bring the property into compliance.
(E) (1) It shall be the responsibility of the owner or operator of the salvage yard, junkyard or automobile graveyard to ensure that the screening is erected and maintained.
(2) Prior to screening, the owner shall review with the designated county representative plans showing the location of the proposed screen and a description of the materials to be used.
(3) In no case may the highway right-of-way be utilized for the storage of junk or junked vehicles. If the storage of junk or junked vehicles occurs in front of an erected screen, the yard shall be considered unscreened, and in violation of the provisions of these regulations. If, after due notice, the operator fails to bring the facility into compliance, the county may remove the junk material and charge the associated cost of removal to the operator.
(F) (1) Subsequent to the 30-day period from receipt of certified letter, an on-site inspection shall be conducted to determine compliance. If the property has been brought into compliance, a certificate of operation shall be sent to the owner and periodic inspections shall be performed to ensure continued compliance.
(2) If the on-site inspection reveals a lack of compliance, a certified letter shall be sent to the owner outlining the deficiencies and actions needed for compliance. The owner shall be given 15 days from receipt of certified letter to reach compliance. The owner shall be informed of possible court actions for non-compliance.
(3) The certificate of operation shall be renewed in January, every two years. The renewal process shall include verification of ownership and an updated plot or drawing showing physical dimensions designated.
(G) If compliance or a good faith effort to reach compliance is not made at the conclusion of the 15-day period, court action shall be initiated as provided herein.
(H) (1) Fences.
(a) All salvage yards, junkyards or automobile graveyards shall be completely enclosed by an eight-foot high opaque screen. The height of the fence may be reduced to six feet when the use is conducted at an elevation of two feet or more above the crown of the adjacent roadway. A steel mesh fence may be substituted for an opaque fence on the rear and side of the site when the portion may not be seen from a state secondary highway, county road or other public road. The determination shall be made by the County Judge or designated representative.
(b) Fences adjacent to the road right-of-ways shall be erected under the following guidelines:
1. Entrances to fenced areas which are adjacent to a state secondary highway, county road or other public road where entrance is provided from the road must be set back 60 feet from the right-of-way.
2. Fences adjacent to a state secondary highway, county road or other public road where no entrance is provided from the road may be located on the property line adjacent to the right-of-way.
3. No fence or screening device shall be erected so as to obstruct the vision of motorists at road or driveway intersections.
4. The storage or display of goods or merchandise outside the confines of the fenced area is expressly prohibited.
5. No junk, parts, disabled autos or salvage material of any kind shall be stored outside or above the fence.
(c) The fence shall be of permanent materials and constructed so that it will be capable of remaining erect for at least ten years.
(d) The fence shall be high enough to screen all junk and junked cars from view of the traveled way of the highway or roads by occupants of a standard sized automobile. Should the junk pile(s) be increased in height, the fence must also be increased.
(e) The fence shall extend along the frontage of the junkyard parallel to the highway and perpendicular to the highway along the sides of the junkyard to a distance so that all junk wrecked cars will be screened from view of the traveled way of the highway. It must be located on the right-of-way line of the highway in front of the junkyard unless permission is obtained from the county to locate it elsewhere.
(f) The fence must be neat in appearance and of a uniform color and height. Steel signs will not be acceptable as a fencing material. Used or recycled corrugated iron or aluminum sheeting will not be acceptable unless painted a uniform color. If the fence is to be painted, it shall be of a uniform color or neatly trimmed in another color. Bright, loud colors will not be acceptable.
(g) It is not necessary that the fence be solid. However, the open spaces must be small enough that the junk material is substantially screened.
(h) The fence shall be maintained by the owner and/or operator of the salvage yard, junkyard or automobile graveyard. Should the fence become damaged or destroyed, it must be repaired within 30 days.
(2) Plantings.
(a) If plantings are used for screening, they must be large enough and placed close enough to screen the junk and junked cars immediately after planting.
(b) All plants used must be of evergreen varieties.
(c) Plants must be located with the same stipulations as fences.
(d) In no case will the planting of young plants or sparse plants with the purpose that in time the screening will be accomplished be acceptable.
(e) Should the plants become diseased, die or be damaged in any way so as to cause the junk not to be screened, they must be replaced within 30 days.
(3) Natural objects.
(a) Natural occurring rock outcrops, woods, earth mounds and the like may be utilized for screening if they are of a size such that the junk cannot be seen from the traveled way of the highway.
(b) Natural objects may be used in conjunction with plantings, fences or other appropriate objects to screen junkyards.
(4) Other appropriate objects for screening.
(a) Subject to prior approval by the County Judge's Office, other objects for screening such as buildings, houses and occupied house trailers may be used entirely or in part to screen junkyards provided the objects are neat in appearance and properly maintained so as not to mar the natural beauty of the highway and its facilities.
(b) All screening other than that which is listed herein must have prior approval by the County Judge's Office.
(Ord. 90-8, passed 5-15-90) Penalty, see § 110.99