[Ord. No. 28-1990, § I, 8-28-1990]
The purpose of this article is to provide adequate controls
to ensure that automobile graveyards and junkyards do not have a deleterious
impact upon the health, safety or general welfare of the inhabitants
of the City.
[Ord. No. 28-1990, § II, 8-28-1990]
This article is enacted pursuant to the home rule powers of
the City and authorization specifically granted pursuant to 30-A M.R.S.A.
§ 3755 5.
[Ord. No. 28-1990, § XIII, 8-28-1990]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A yard, field or other area used to store three or more unserviceable,
discarded, worn-out or junked motor vehicles as defined in 29-A M.R.S.A.
§ 101(42), or parts of such vehicles. The term "automobile
graveyard" does not include any area used for temporary storage by
an establishment or place of business which is primarily engaged in
doing auto body repair work to make repairs to render a motor vehicle
serviceable.
Any public way.
Those portions of the Maine Turnpike and the state highway
system incorporated in the National System of Interstate and Defense
Highways, as officially designated by the state department of transportation.
A yard, field or other area used to store discarded, worn-out
or junked plumbing, heating supplies, household appliances and furniture;
A yard, field or other area used to store discarded, scrap and
junked lumber;
A yard, field or other area used to store old or scrap copper,
brass, rope, rags, batteries, paper trash, rubber debris, waste and
all scrap iron, steel and other scrap ferrous or nonferrous material;
and
Garbage dumps, waste dumps and sanitary fills.
That part of the state highway system which the state department
of transportation has by official designation incorporated into the
federal-aid primary system.
[Ord. No. 28-1990, § VIII, 8-28-1990]
Violation of any provision of this article with regard to the operation of the automobile graveyard or junkyard facility or conditions imposed under this article shall constitute a nuisance under 17 M.R.S.A. § 2802. Violation of this article shall also subject the offender to civil penalties as provided in section 1-14. In pursuing any action to enforce this article, the City shall be entitled to civil penalties, legal fees and costs and any other remedy which may be available under 30-A M.R.S.A. § 4452. The City shall have full right to seek injunction or other equitable relief to terminate any violation of this article, notwithstanding any provision in this article to the contrary.
[Ord. No. 28-1990, § III, 8-28-1990]
This article shall apply to all automobile graveyards and junkyards,
as defined in 30-A M.R.S.A. § 3752, now existing or hereafter
located within the limits of the City. Any such facility presently
licensed shall be entitled to continue to operate under its present
license until the expiration of the license. Nothing provided in this
article shall require any facility presently in existence to make
new application before any land use regulatory body within the City,
providing all necessary permits for the existing use have been granted
and have been complied with.
[Ord. No. 28-1990, § IV, 8-28-1990]
No person may establish, operate or maintain an automobile graveyard
or junkyard within the City without first obtaining a nontransferable
permit from the City council. Permits issued under this article shall
be valid until the first day of the year following the date of issuance.
[Ord. No. 28-1990, § V, 8-28-1990]
Prior to granting a permit to establish, operate or maintain
an automobile graveyard or junkyard, a public hearing shall be held
before the City council. Notice of the hearing shall be posted in
a newspaper of general local circulation, at least seven days and
not more than 14 days before the hearing, and notice of the hearing
shall be posted in at least two public places within the City. The
municipal officers shall cause written notice to be given of the pending
application to the state department of transportation by mailing a
copy of the application at least seven days and not more than 14 days
before the hearing.
[Ord. No. 28-1990, § VI, 8-28-1990]
An annual fee in accordance with 30-A M.R.S.A. § 3756
shall be submitted with application for a permit under this article,
which fee shall be nonrefundable under any circumstances.
[Ord. No. 28-1990, § VII, 8-28-1990]
(a)
Screening from public ways. Automobile graveyards or junkyards shall
be entirely screened to ordinary view from all public ways. Screening
required by this subsection may be by either natural objects, plantings
or fences. Any screen constructed or planted shall be maintained at
a minimum height of six feet, and shall be substantially sight impervious.
(b)
Screening from residential properties. All automobile graveyards
or junkyards shall be screened from adjoining residential properties
by a substantially sight-impervious screen at least six feet in height,
which may be of natural plantings which retain foliage yearround.
(c)
Minimum distance from right-of-way. No permit may be granted for
an automobile graveyard or junkyard within 1,000 feet of the right-of-way
of any highway incorporated in the interstate and primary systems
or within 600 feet of the right-of-way of any other highway, except
under conditions set forth in 30-A M.R.S.A. § 3755 A, B.
(d)
Minimum distance from public facilities. No initial or expanded use
permits shall be granted for an automobile graveyard or junkyard which
is located within 300 feet of any existing public park, public playground,
public bathing beach, school, church or cemetery, and within ordinary
view of that public facility.
(e)
Storage of junk near water body or wetland. No vehicles or junk shall
be located or stored within 300 feet of any classified water body
or inland wetland.
(f)
Storage of junk near well or water supply. No vehicles or junk shall
be stored within 500 feet of any existing well which is part of a
public water system as defined in the state Rules Related To Drinking
Water or within 200 feet of any existing private well or water supply.
(g)
Storage of junk near lot line or public road. No vehicles or junk
shall be located or expanded so as to be closer than 100 feet to any
lot line or any public road.
(h)
Protection of aquifers. No vehicles or junk shall be stored over
any aquifer or aquifer recharge area mapped by the Maine Geological
Survey or by a licensed geologist or by the Belfast Water District.
No handling site shall be located on a one-hundred-year floodplain,
or within 300 feet of a classified body of water or on a sand and
gravel deposit.
(i)
Storage of junk in floodplain. No vehicles or junk shall be stored
within the one-hundred-year floodplain.
(j)
Removal of fluids and hazardous materials from vehicles. It shall
be a condition of the granting of any permit under this article that,
upon receiving a motor vehicle, the battery, engine lubricant, transmission
fluid, brake fluid, engine coolants and other fluids and substances
within the vehicle shall be removed and then stored or recycled in
accordance with all applicable federal and state rules and regulations
regarding the disposal of waste oil and hazardous materials. No discharge
of any fluid from any motor vehicle or junk shall be permitted into
or upon the ground.
(k)
Compliance with hazardous waste regulations. All federal and state
hazardous waste laws and regulations shall be complied with by the
applicant. As a condition of approval, the applicant/permittee may
be required to maintain and provide documentation and logs showing
compliance with federal and state laws relating to the use, handling
and disposal of hazardous waste and demonstrating procedures which
are present and being utilized to deal with batteries and vehicle
fluids which are removed from vehicles under this section.
(l)
Noise. In order to mitigate the impact of noise from dismantling
of motor vehicles with power tools, no such dismantling with power
tools shall take place except between the hours of 7:00 a.m. and 8:00
p.m., Monday through Saturday.
(m)
Authority to impose additional conditions. The City Council may impose
other reasonable conditions upon an applicant in order to effectuate
the intent and purpose of this article and to protect the public health,
safety and welfare.
(n)
Site plan. Any applicant for an initial or expanded automobile graveyard
or junkyard permit shall provide an accurate site plan of the lot
and adjoining properties, natural features and the proposed permitted
location within the lot for the automobile graveyard or junkyard.
The City Council may require the applicant to provide information
concerning runoff, soil types, contours, slopes and other physical
information concerning the site which is relevant to the safe and
healthful use of the site for the purpose for which permit is sought.
(o)
Land use permits. No site shall be permitted by the City Council
unless all necessary land use permits required within the City have
first been issued and all conditions in those permits have been fully
complied with as so indicated by a written report or letter by the
City's code enforcement officer to the City Council.
[Ord. No. 28-1990, § IX, 8-28-1990]
For any alleged violation of any condition or restriction imposed
upon the operation of an automobile graveyard or junkyard by this
article or by any permit issued under this article, the municipal
officers may, after hearing, cause the revocation or suspension of
the permit issued under this article. Notice of such hearing shall
be sent to the permittee by registered mail at least seven days but
not more than 14 days before the hearing. The notice shall state the
time and place of the hearing and contain a statement describing the
alleged violation of any conditions, restrictions or limitations inserted
in the permit.
