§ 27-247. Junk yards and automobile salvage yards.

(a)

In order for a certified nonconforming junk yard or automobile salvage yard to continue, the requirements of this Section shall be met, in addition to any other applicable requirements of this Division.

(b)

The purposes of this Section are:

(1)

To protect passersby from the dangers inherent in the dismantling, movement, or storage of wrecked and junked motor vehicles and other scrap materials;

(2)

To protect children, who are naturally attracted to these sites;

(3)

To prevent stray dogs from frequenting the site;

(4)

To prevent rats, mice, and other vermin from infesting the site;

(5)

To protect the health and safety of workers and residents in the general area;

(6)

To prevent or control detrimental effects upon neighboring properties, and existing and proposed land uses in the general area; and

(7)

Any similar purposes.

(c)

All certified nonconforming junk yards and automobile salvage yards shall meet the following requirements:

(1)

The junk or automobile salvage yard shall be enclosed by a solid, light-tight, sightly wall or fence at least eight (8) feet high;

(2)

The wall or fence shall screen the enclosed area from public view;

(3)

The fence shall be maintained in a constant state of good repair; and

(4)

No sign shall be placed on the fence (except as permitted by Part 12 of this Subtitle).

(d)

The requirements of Subsection (c), above, shall apply to all nonconforming junk yards and vehicle salvage yards, regardless of any prior nonconforming use status.

(e)

The fence (wall) requirements may be waived or modified by the District Council in accordance with the following procedures:

(1)

Application.

(A)

The owner or operator of the junk yard shall make a written request to the District Council to waive or modify the requirements. The application shall be filed with the Clerk of the Council.

(B)

Along with the application, the owner or operator shall submit the following:

(i)

A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;

(ii)

If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

(iii)

If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);

(C)

For the purposes of (i), (ii), and (iii), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(2)

Transmittal. The application and any accompanying material shall be forwarded by the Clerk of the Council to the Office of the Zoning Hearing Examiner.

(3)

Zoning Hearing Examiner hearing procedures. The Zoning Hearing Examiner shall conduct a public hearing on the matter, in accordance with Part 3, Division 1, Subdivision 2, of this Subtitle.

(4)

Notice of public hearing. The Zoning Hearing Examiner shall designate a date for the public hearing and shall notify the applicant of the date.

(5)

District Council hearing (oral argument) procedures. The District Council shall decide upon the application, in accordance with the procedures for oral argument and Council hearings contained in Part 3, Division 1, Subdivision 3, of this Subtitle.

(6)

Criteria for approval.

(A)

The application may only be approved:

(i)

For a fixed temporary period of time, which may be renewed; and

(ii)

If the purposes of this Section are fulfilled.

(B)

In place of the fence, the Council may permit any of the following:

(i)

Screening by natural objects;

(ii)

Plantings on sides not facing traveled roads;

(iii)

A wire fence on sides where the adjacent properties are predominantly undeveloped; or

(iv)

A reduction in the fence requirements when the property is, or abuts, properties zoned I-1 or I-2.

(CB-107-1984; CB-33-1985; CB-41-2002; CB-1-2004)