LINCOLN COUNTY JUNKYARD CONTROL ORDINANCE

Transcription

1 LINCOLN COUNTY JUNKYARD CONTROL ORDINANCE WHEREAS, North Carolina General Statutes Chapters 153, Section(s) 121, 134 and 140 enables the County to enact an ordinance for the control of junkyards and to provide for its administration and enforcement; and WHEREAS, the Lincoln County Board of Commissioners deems it necessary for the purpose of promoting the health, safety and general welfare of Lincoln County to enact such an ordinance; and WHEREAS, The Board of Commissioners hereby finds and declares that the establishment, use and maintenance of junkyards, in the vicinity of the proscribed primary and secondary roads in residential areas and in proximity to public facilities within Lincoln County should be regulated and controlled; NOW THEREFORE, be it ordained by the Lincoln County Board of Commissioners. ARTICLE 1 INTENT The purpose and intent of this ordinance is to support and complement the various land use ordinance enacted in Lincoln County by the adoption of policies and regulations concerning the use and maintenance of junkyards for the following purposes: A. To promote the safety, health, welfare and convenience of and enjoyment of travel on and the protection of the public investment along the primary and secondary roads within the county. B. To prevent unreasonable distraction of operators of motor vehicles and to prevent interference with the effectiveness of traffic regulations. C. To keep Lincoln County attractive and promote the prosperity, economic well being and general welfare of the County. D. To preserve and enhance the natural scenic beauty of areas in the vicinity of the primary and secondary roads. E. To achieve responsible economic growth in areas of Lincoln County compatible with growth and development in nearby areas. F. To protect the public from health nuisances and safety hazards by controlling vectors, concentrations of volatile or poisonous materials and sources of danger to children. ARTICLE 2 TITLE These regulations shall be known and may be cited as the Junkyard Control Ordinance of Lincoln County, North Carolina. 1

2 ARTICLE 3 GEOGRAPHIC COVERAGE These regulations shall be in effect in all unincorporated portions of Lincoln County which are not under the jurisdiction of any municipal zoning ordinance unless this ordinance is adopted by reference in these areas. ARTICLE 4 DEFINITIONS For the purpose of this ordinance, certain words and terms are defined as herein indicated. AUTOMOBILE GRAVEYARD: Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts and shall include any establishment or place of business upon which five (5) or more unlicensed, used motor vehicles which cannot be operated under their own power, are not being restored to operable condition or are kept or stored for a period of 15 days or more. FARM: Singularly or jointly owned land parcel or contiguous parcels on which agricultural operations are conducted as the primary use. Agricultural operations include but are not limited to cultivation of crops, the husbandry of livestock and forestry. GARAGE: Any establishment or place of business which is maintained and operated for the primary purpose of making mechanical and/or body repairs to motor vehicles, and which may store as many as five (5) motor vehicles that are not capable of being driven under their own power and are not being restored to operable condition, regardless of length of time that individual motor vehicles are stored or kept at such property. HEALTH OR SAFETY NUISANCE: A motor vehicle, used machinery or other used materials may be declared a health nuisance or safety hazard when it is found to be: 1. A breeding ground or harbor for mosquitoes or other insects, snakes, rats or other pests; or 2. A point of collection for pools or ponds of water; or 3. A point of concentration of gasoline, oil or other flammable or explosive materials; or 4. So located that there is a danger of the vehicle falling or turning over; or 5. A source of danger for children through entrapment in areas of confinement that cannot be opened from the inside or from exposed surfaces of metal, glass or other rigid material. 6. A point of concentration of car radiators, batteries or other materials that pose either immediate or long-term environmental degradation. JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, refrigerators, stoves, household appliances, salvaged building materials, salvaged 2

3 machinery parts, dismantled or wrecked automobiles, or parts thereof, iron and steel and other scrap ferrous or non-ferrous material. JUNKED MOTOR VEHICLES: A vehicle that does not display a current license plate and that: 1. Is partially dismantled or wrecked; or 2. Cannot be self-propelled or moved in the manner in which it originally was intended to move; or 3. Is more that five years old and appears to be worth less than one hundred dollars ($100.00). JUNKYARD: Any establishment. Commercial or non-commercial, place of business or place which is maintained, operated or used for storing, keeping, buying or selling junk or for maintenance or operation of an automobile graveyard. An establishment or place of business which stores or keeps for a period of 15 days or more materials within the meaning of junk as defined in this ordinance which had been derived or created as a result of industrial or commercial activity shall be deemed to be a junkyard within the meaning of this ordinance. A junkyard is created when 600 square feet or more of junk materials are kept on a site. Materials enclosed in closed buildings, solid waste containers or rolling stock is excluded. JUNKYARD CONTROL ACT: N.C. General Statutes through 155 (Article 12) which delegate to the NC Department of Transportation the responsibility to regulate junkyards and automobile graveyards located on interstate and federal-aid primary system highways. MOTOR VEHICLE: Any machine designed or intended to travel over land by selfpropulsion or while attached to any self-propelled vehicle. PUBLIC ROAD: Any road or highway which is now or hereafter designated and maintained by the North Carolina Department of Transportation as part of the State Highway System. PRIMARY ROADS OR PRIMARY SYSTEMS: That portion of connected highways as more officially designated or as may hereafter be so designated as Primary Roads or Primary Systems by the North Carolina Department of Transportation or other appropriate authority. RECYCLING CENTER: A temporary or permanent site at which glass, aluminum cans, paper, plastic, clothes to similar materials commonly collected for recycling are collected and moved off site or kept on site in buildings, storage bins, solid waste containers, truck trailers and other rolling stock. RESIDENCE: A house, an apartment, a group of homes, or a single room occupied or intended for occupancy as separate living quarters for one or more humans. 3

4 SECONDARY ROADS: All roads, paved or unpaved, accepted for maintenance by the North Carolina Department of Transportation, other that Interstate Systems and Primary System. SCHOOL: Any public or private institution for the teaching of children under eighteen years of age which is recognized and approved by the North Carolina Board of Education or other appropriate licensing board. SERVICE STATION: Any establishment which is maintained and operated for the purpose of making retail sales of fuels, lubricants, air, water and other items for the operation and routine maintenance of motor vehicles, and/or for making mechanical repairs, servicing and/or washing of motor vehicles and which is used to store not more than five (5) motor vehicles that are not capable of being driven under their own power and are not being restored to operable conditions, regardless of the length of time that individual motor vehicles are stored or kept at such property. UNZONED AREA: An area where no zoning is in effect. VECTORS: Any organism that carries disease-causing microorganisms from one host to another (e.g. rats, mosquitoes, etc.). VISIBLE: Capable of being seen without visual aid by a person of normal acuity. ARTICLE 5 ENFORCEMENT OFFICER This ordinance shall be enforced by the County Manager or his designee. ARTICLE 6 GENERAL STANDARDS A. Pre-existing The following criteria shall be applicable to pre-existing junkyards which are registered within 180 days of the effective date of this ordinance. 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 ordinance so as not to be visible from the main-traveled way of any primary or secondary road at any season of the year; or 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; 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 Article 8 or are screened and/or fenced in accordance with Article 8. 4

5 B. New The following criteria shall be applicable to new junkyards. All junkyards which are established from and after (the effective date of ordinance), or that have been issued a current valid permit to establish, operate or maintain a junkyard, as provided in Article 12 hereof, shall meet the following standards; 1. Be situated on a continuous parcel of at least five (5) acres excluding rights-of way that is undivided by road right-of-way or public dedication, and 2. Have a minimum front line of one hundred (100) feet on a public right-of way with a driveway entrance that has a center-line not closer than thirty feet to side property lines, and 3. Have a minimum set back to the fence from front, side and rear property lines excluding right-of-way of at least one hundred (100) feet, and 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, and 5. Not be located closer than 300 feet to either a pre-existing 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 agent may be permitted by written waiver of the Ordinance Administrator. 6. Fenced, screened and maintained as provided for in Article 8. ARTICLE 7 EXEMPTIONS OF ORDINANCE Bona fide service stations or garages as defined by this ordinance are exempted. This ordinance shall in no way regulate, restrict, prohibit or otherwise deter bona fide farm and its related uses. Recycling centers using enclosed structures or solid waste containers, bins, truck trailers and rolling stock and equipment are exempted from this ordinance. 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 the ordinance. ARTICLE 8 FENCING AND SCREENING REQUIREMENTS All new junkyards established in accordance with this Ordinance and all pre-existing junkyards may be operated subject to the fencing and screening conditions: A. Pre-existing Junkyards in existence on the effective date of this Ordinance. Including any junkyard along any road or highway which may be hereafter designated as a primary or secondary road, may comply with the Ordinance by registering and meeting the requirements for pre-existing junkyards as set forth in 5

6 Article 6 General Standards, Subsection 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 and all-season vegetation screening, or 2. Screen and fence the junkyard in accordance with the screening and fencing provisions of Article 8, Subsection B. for new junkyards. B. New Junkyards established after the effective date of this ordinance may comply with the Ordinance by registering, meeting the requirements of Article 6 General Standards, Subsection B. and meeting the fencing and screening requirements of this Article. 1. The junkyard shall be entirely surrounded by an opaque fence at least 6 feet in height or by either a woven or welded wire (14 gauge minimum) or chain link fence a minimum of 6 feet in height and with vegetation that provides a continuous all-seasons opaque screen (6 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 5 feet form the fence. Vegetation that serves as screening shall be of a type that can reach a minimum height of 6 feet within 5 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 6 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 6 feet within 5 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 said fence at all times unless in motion by transport to or from the site. ARTICLE 9 MAINTENANCE All junkyards shall be maintained to protect the public from health nuisances and safety hazards. 6

7 The Lincoln 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. Failure to comply with this Article may result in revocation of permit as well as other penalties and remedies for violation as provided for in Article 13. ARTICLE 10 REGISTRATION OF PRE-EXISTING JUNKYARDS All owners, operators or maintainers of automobile graveyards or junkyards existing at the effective date of this ordinance shall register same with Lincoln County within a period of 180 days beginning with the effective date of this ordinance. All existing automobile graveyards or junkyards that have not been registered within 180 days shall be in violation of the provisions of this ordinance. 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 set backs, location of public right-of-ways, 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), address(es). Submission of information shall establish pre-existing conditions. All permit requirements of Article 12 shall be met. Plan may be drawn at either 1 = 50, 1 =100, 1 = 200, 1 = 400 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. ARTICLE 11 NON-CONFORMING EXISTING JUNKYARDS All existing junkyards at the effective date of this ordinance, registered in accordance with the preceding Article, shall be granted a compliance period of twenty-four months from the effective date of registration to conform to ordinance provisions. Thereafter same shall be in violation of this ordinance. ARTICLE 12 PERMIT REQUIRED FOR JUNKYARDS No person 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 ordinance. The permit shall be valid until revoked for the nonconformance with this ordinance. Application for the permit shall be made to the administrator of the ordinance, on such forms as the administrator of the ordinance shall prescribe. A junkyard plan prepared by the applicant shall be submitted as part of the junkyard permit. The plan shall indicate set backs, location of public right-of-ways, all proposed structures, all structures within 300 of junkyard, driveways, entrances, fencing, screening, types of fencing, types of screening, dimensions of junkyard, gross acreage, owner(s) name(s), address(es). Plan shall be on 18 x 24 sheets at either 1 = 50, 1 7

8 =100, 1 = 200, 1 = 400 scale. Three copies shall be submitted, on of which shall be on reproducible material. The fees for the junkyard permits issued under this Article shall not exceed a twenty ($20.00) dollar initial fee. Any new expansion of a junkyard shall require a permit and shall be permitted in accordance with this Article as a new establishment. A rejected permit may be resubmitted within ten days within the date of rejection without incurring an additional permit fee. ARTICLE 13 ENFORCEMENT PROVISIONS The Ordinance Administrator shall enforce this ordinance. He may call upon other agencies as necessary to assist in enforcement of this ordinance. In addition, whenever the Administrator receives a complaint alleging a violation, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. 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 ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. The following procedure shall apply upon discovery of a violation: A. If the Administrator finds that any provision of this ordinance is being violated, he shall send a warning citation to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. B. A warning citation shall be issued by the Ordinance Administrator giving the violator 10 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. C. 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. D. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety or welfare, the Administrator may seek 8

9 enforcement without prior written notice by invoking any of the penalties or remedies authorized in this Article. Penalties and remedies for violations shall be as follows: A. Violations of the provisions of this ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established, shall constitute a misdemeanor, punishable by a fine of up to $50.00 or a maximum 30 days imprisonment as provided in G.S B. Any act constituting a violation of the provisions of this ordinance or a failure to comply with any of its requirements shall also subject the offender to a civil penalty. Each day of violation shall be considered a separate offense, provided that the violation is not corrected within 20 days after notice of said violation is given. Subsequent citations for the same violation may be issued by the Ordinance Administrator unless the violator has appealed the actions of the Ordinance Administrator through the Board of Adjustment. The following penalties are hereby established: Warning Citation First Citation Second and Subsequent Citations for Same Offense Correct Violation Within 10 Days $25.00 (Correct Violation Within 10 Days) $50.00 per day for 1st-7th day $ per day for 8th-14th day $ per day for 15th -21st day $ per day for 22nd-28th day $ per day thereafter If the offender fails to pay the civil penalties within twenty (20) days after having been cited, the County may recover the penalties in a civil action in the nature of debt. The Ordinance Administrator shall have the discretion to stay the accrual of civil penalties pending reasonable efforts by the violator to correct the violation. Repeat Violations: After having been once cited for a violation, a violator shall be subject to the following civil penalties for any additional violation within the following 12- calendar-month period: For a second violation within said period, civil penalties will begin at $100 per day for each day that the violation continues and will escalate according to the following schedule: $150 per day for the 8th through the 14th days, $200 per day for the 15th through the 21st days, $250 per day for the 22nd through the 28th days, and $300 per day for each day that the violation continues beyond the 28th day. A third violation during the same period shall subject the violator to civil penalties beginning at $200 per day and escalating in a similar fashion for as long as the violation continues. C. This ordinance may also be enforced by any appropriate equitable action. Such remedy may include court order of abatement as part of a judgement in the cause. The abatement order may include removal of junk from illegal junkyards and other actions required to make the property comply with the provisions of this ordinance at the owner s expense. 9

10 D. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this ordinance. In addition to the foregoing enforcement provisions, this Ordinance may be enforced by any remedy provided in G.S. 153A-123, including, but not limited to, all appropriate equitable remedies provided in G.S. 153A-123(d) and particularly the remedy of injunction and order of abatement as allowed in G.S. 153A-123(e). This Ordinance specifically provides that each day s continuing violation may be a separate and distinct offense. ARTICLE 14 EFFECTIVE DATE This ordinance shall become effective February 1, Amended October 21, 2002 (Section 13). Amended July 22, 2008 (Article 13, Sections 2 and 3.) LINCOLN COUNTY JUNKYARD CONTROL ORDINANCE Adopted January 8,