[Ord. No. 07-10(R), 6-19-2007]
Pursuant to the authority provided under § 15.2-903
of the Code of Virginia, the following provisions are established
to regulate the maintenance and operation of automobile graveyards
and junkyards in the County of York. The provisions of this article
shall apply to any automobile graveyard or junkyard existing as of
June 19, 2007, and to any established subsequently pursuant to the
terms of Chapter 24.1, Zoning, of this Code.
[Ord. No. 07-10(R), 6-19-2007]
For the purposes of this chapter the following words and terms
shall have the meanings ascribed to them in this section:
- AUTOMOBILE GRAVEYARD
- Any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.
- JUNK
- Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
- JUNKYARD
- An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard.
- MOTOR VEHICLE
- Any motor vehicle as defined by § 46.2-100 of the Code of Virginia.
- VISIBLE
- Capable of being seen, without visual aid, by a person of normal visual acuity.
[Ord. No. 07-10(R), 6-19-2007]
It shall be unlawful for any person, alone or in connection
with any other business, to maintain or operate an automobile graveyard
or junkyard in the County, except upon compliance with the provisions
of this chapter, which are hereby declared to apply to all automobile
graveyards and junkyards maintained or operated within the County.
[Ord. No. 07-10(R), 6-19-2007]
Any person, whether as principal, agent, employee or otherwise,
violating, causing or permitting the violation of any of the provisions
of this chapter shall be guilty of a Class 3 misdemeanor.
[Ord. No. 07-10(R), 6-19-2007]
Any person maintaining or operating an automobile graveyard
or junkyard shall keep at his place of business a book or a computer
database in which a record shall be kept of the day and time of each
purchase, the name and residence, as well as the race, age and height
of the person selling and actually delivering any vehicle, parts or
accessories purchased, the amount of the purchase price, the make,
state license number, motor number, body number, style and seating
capacity of the vehicle purchased and the make and identifying numbers
of radiators, speedometers and magnetos purchased, together with such
other information concerning such property as may be necessary to
prove ownership or identity of vehicles, parts or accessories purchased.
Diligent inquiries shall also be made as to the legal right of the
seller to make such sale. If the above-required records are kept in
a computer database system, it shall be in a format capable of being
printed for County inspection.
All automobile graveyards and junkyards, together with the records required by § 5-5 of this article, shall at all times be kept open for inspection to all officers of the County having police powers.
[Ord. No. 07-10(R), 6-19-2007]
(a)
Pursuant to the authority provided under § 15.2-903 of
the Code of Virginia, automobile graveyards or junkyards located in
the County of York, regardless of the date on which any such automobile
graveyard or junkyard may have come into existence and notwithstanding
the provisions of § 33.1-348 of the Code of Virginia, shall
be screened by natural objects, plantings, fences, or other appropriate
means so as to ensure that any junk or inoperable vehicles shall not
to be visible from the main-traveled way of any highway, street or
road. For the purposes of compliance with the screening requirements
established herein, the term inoperable vehicle shall be deemed to
include any vehicle that has deflated tires, body damage rendering
it incapable of being driven, missing wheels, tires, doors, hoods,
trunk lids, fenders, major body panels or roofs, or missing or removed
window glass.
(b)
Such screen shall be nontransparent, shall be a minimum of eight
feet in height measured from ground level at its base and of uniform
height along its entire length. The screen shall be composed of one
or more of the following materials, or such other materials or combinations
thereof:
(1)
Salt-treated or creosote-treated pine, cedar, cypress or similar
decay resistant material.
(2)
Protected metals, such as Teflon-coated steel, anodized aluminum
or similar materials.
(3)
Composite materials such as cementious planks, vinyl or PVC, or similar
materials.
(4)
Masonry construction such as brick, glazed terra-cotta or painted
cinder block.
(5)
Evergreen plantings, eight feet in height at the time of installation,
and of sufficient density and quantities to provide an immediate visual
buffer.
(c)
Fences shall be constructed in accordance with all applicable requirements
of Chapter 24.1, zoning, relative to the "finished side."
(d)
The walls of a building may be used to form a part of the screen
required by this section provided, however, that the display or storage
of goods thereon shall be prohibited.
(e)
The contents of the automobile graveyard or junkyard shall not be
placed or deposited to a height greater than the height of the plantings,
fence or other screening methods used to comply with the terms of
this section.
(f)
The screening required by this section shall be maintained in good
repair, and any damaged or deteriorated materials and/or dead plantings
shall be reconstructed, repaired or replaced as necessary so as to
provide and maintain the permanent visual screen.
(g)
Notwithstanding the foregoing, automobile graveyards or junkyards
that are established on or after June 19, 2007, or which otherwise
shall fall within the application of County Code § 24.1-476,
shall comply with the screening requirements imposed by that section.
[Ord. No. 07-10(R), 6-19-2007]
Safety devices, such as fire extinguishers or other like apparatus,
shall be provided at such locations within automobile graveyards and
junkyards as deemed necessary by the fire official to comply with
applicable provisions of the Statewide Fire Prevention Code.
[Ord. No. 07-10(R), 6-19-2007]
No open fires that would constitute a violation of the state
air pollution control laws or a hazard to adjoining properties, for
the burning of rubbish, trash, automobiles or any part thereof, or
other waste matter, shall be permitted on the premises of an automobile
graveyard or junkyard. An accidental or casual fire occasioned by
the use of any acetylene torch shall not be regarded as open fire
under this section, where it is shown that the person operating or
maintaining the automobile graveyard or junkyard has, by the use of
fire extinguishers or other safety devices, made reasonable effort
to prevent the same.
[Ord. No. 07-10(R), 6-19-2007]
All tanks and engines of inoperable vehicles in an automobile
graveyard or junkyard shall be kept thoroughly drained of gasoline
and other combustible material.
[Ord. No. 07-10(R), 6-19-2007]
All tanks, engines, automobile parts, receptacles and other
containers capable of holding water or any source of stagnant water
whatever, where mosquitoes may breed, located at an automobile graveyard
or junkyard, shall be kept thoroughly drained and dry.
To protect the use and development of abutting and adjacent
property, a screen of hardy evergreen vegetation or an earthen berm,
or any combination of either, shall be established and neatly maintained
along the perimeter of the area occupied by an automobile graveyard
or junkyard; provided, however:
(a)
That when a common boundary exists between the areas used for storage
by two or more automobile graveyards or junkyards, the common boundary
shall be exempt from the screening requirements.
(b)
That where existing vegetation effectively meets the requirements
of a perimeter screen as set forth above, no additional screen shall
be required.
(c)
That an area not exceeding a total of 20 feet in width shall be exempt,
when such area provides access to a gate constructed of opaque materials.
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The screen established shall completely obscure the contents
within the automobile graveyard or junkyard from view from the abutting
and adjacent property and public rights-of-way.
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When evergreen trees are used to form the screen required by
this article, such screen shall consist of a minimum of two rows of
trees, which shall consist of a minimum of two rows of trees, which
shall be spaced not more than six feet apart. Trees within each row
shall be spaced not more than six feet apart and shall be offset from
the trees in the adjacent row by a distance of 1/2 the spacing between
trees to produce a staggered pattern. Where the tree canopy does not
extend to the ground, low growing evergreen plant material shall be
planted between rows to obscure the view between the ground and tree
canopy.
When an earthen berm is used to form the screen required by
this article, the minimum slope shall be three to one and it shall
be completely covered with lawn grass, evergreen natural shrubbery
or vegetation, evergreen plants or trees or any combination thereof.
The walls of a building may be used to form a part of the screen
required by this article; provided, however, the display or storage
of goods thereon shall be prohibited.
The screen required by this article shall comply with the setback
requirements of the zoning ordinance, legal nonconforming structures
excepted.
(a)
The owner or lessee of an automobile graveyard or junkyard existing
on October 5, 1978, shall comply with the conditions set forth in
this article within 90 days from such date, or in lieu of the screen
required by this article, shall establish, within such 90 days, a
fence and screen around the perimeter of the area occupied by the
automobile graveyard or junkyard, except that portion of the perimeter
that abuts another automobile graveyard or junkyard or which is obscured
by a wall or building. Such fence shall completely obscure the contents
within the automobile graveyard or junkyard from view from abutting
and adjacent property and public rights-of way and shall be constructed
of one or more of the following materials:
(b)
The fence referred to in this section shall be maintained in good
repair, and any damage or deteriorated materials shall be reconstructed
and renewed. Any damaged or deteriorated treated surfaces or such
fence shall be repainted and renewed.
(a)
The owner or lessee of property upon which is located an automobile
graveyard or junkyard shall post with the County Administrator written
evidence of cash in escrow or an irrevocable letter of credit in the
amount of $1,000. Such cash in escrow or letter of credit shall be
available for use by the County to maintain, replace or repair the
screening required by this article should the owner fail to do so.
Such cash in escrow or letter of credit shall be replenished within
10 days of any draw down by the County under provision of this section.
Failure to replenish such cash in escrow or letter of credit within
the prescribed time shall constitute a violation of this section.
(b)
Cash in escrow provided for in this section shall be deposited in
an interest bearing account and interest accruing to such account
shall be paid annually to the owner or lessee.
The screen required by this article shall not be used for billposting
or other advertising purposes, except that a space may be used for
the advertisement of the business of the owner thereof, when in compliance
with the sign regulations contained with the zoning ordinance.
