Chapter 43 - Junkyards and Vehicle Graveyards

This Chapter may be known and may be cited as the "Ordinance Regulating the Operation or Maintenance of Automobile Graveyards and Junkyards in Henderson County."

The purposes and objectives for which this Chapter is passed include the following:

1. To protect the citizens and residents of Henderson County from inherently dangerous automobile graveyards and junkyards.
2. To preserve the dignity and aesthetic quality of the environment in Henderson County.
3. To preserve the physical integrity of land in close proximity to residential areas.
4. To protect the economic interests of the citizens and residents of Henderson County which are dependent on tourism.
5. To achieve responsible economic growth in areas of Henderson County that is compatible with growth and development in nearby areas.

1. Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular; and the word "shall" is mandatory and not directory.
2. The following terms are defined for purposes of this Chapter:
   
   1. Automobile Graveyard - More than 3 wrecked, scrapped, ruined, dismantled or inoperable motor vehicles or motorized equipment which is not being restored to operation located on a land parcel used in conjunction with any establishment or more than 3 wrecked, scrapped, ruined, dismantled or inoperable motor vehicles or motorized equipment used in conjunction with said establishment but located on another land parcel shall be subject to this Chapter.
   2. Building - Any structure having a roof supported by columns or walls and designed or intended for shelter, support, enclosure or protection of persons, animals or chattels.
   3. Establishment - Any real property on which or in which there is operated or maintained any commercial, industrial or service business or activity for profit.
   4. Farm - A singularly or jointly owned land parcel or contiguous parcels on which agricultural operations are conducted as the substantial use, to include cultivation of crops, the husbandry of livestock and forestry.
   5. Fence - A continuous, opaque, non perforated barrier extending from the surface of the ground to a uniform height of not less than 6 feet from the ground at all points, constructed of wood, stone, steel or other metal or any substance of a similar nature and strength.
   6. Garage - An establishment which is maintained or operated for the primary purpose of making mechanical and/or body repairs to motor vehicles and which is not used to store more than 6 motor vehicles that are not capable of being driven under their own power and are not being restored to operable condition, regardless of the length of time that individual motor vehicles are stored or kept at such property. There is no limit to the number of vehicles that may be stored on site that are being restored to operable condition.
   7. Gate - A door or other device attached to a fence which, when opened, provides a means of ingress and egress of persons and things and which, when closed, forms a continuous barrier as part of the fence to which it is attached.
   8. Housing Unit - A house, an apartment, a group of homes or a single room occupied or intended for occupancy as separate living quarters for 1 or more humans.
   9. Junk - Scrapped copper, brass, rope, rags, batteries, appliances, paper, rubber, dismantled or wrecked automobiles, dismantled or wrecked motorized equipment, or parts thereof, iron, steel and other scrap ferrous material.
   10. Junkyard - Any land parcel which is maintained, operated or used for storing, keeping, buying or selling junk in conjunction with any establishment located on the same or another land parcel or any establishment which is maintained, operated or used for storing, keeping, buying or selling junk regardless of the length of time that junk is stored or kept, or for maintenance or operation of an automobile graveyard. "Junkyard" shall not include the County-operated landfill.
   11. Land Parcel - A single tract or contiguous tracts of land under single or joint ownership.
   12. Motorized Equipment - Every device that is propelled or powered by nonhuman or mechanical power sources which is designed to accomplish any work.
   13. Motor Vehicle - Every device in, upon or by which any person or property is or may be transported or drawn upon land, air or water which is propelled by nonhuman or mechanical power sources and every device designed to run upon land, air or water that is pulled or pushed by a device propelled by nonhuman or mechanical power.
   14. 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 whether primary or secondary, hard-surfaced or other dependable highways.
   15. Repair Shop, Motor Vehicle - An establishment which is maintained and operated for the purpose of making mechanical and/or body repairs to motor vehicles and which is not used to store more than 6 motor vehicles that are not capable of being driven under their own power and are not being restored to operable condition, regardless of the length of time that individual motor vehicles are stored or kept at such property. There is no limit to the number of vehicles that may be stored on site that are being restored to operable condition.
   16. Repair Shop, Other - An establishment which is maintained and operated for the purpose of making repairs to any appliances or equipment other than motor vehicles, which uses not more than 600 square feet of the real property to store such appliances or equipment that is not being restored to operable condition, regardless of the length of time individual appliances or equipment items are stored or kept at such property. There is no limit to the number of appliances or equipment items that may be stored on site that are being restored to operable condition.
   17. Residential Area - 25 or more housing units within a geographical area comprised of a 1/4 mile wide strip contiguous and parallel to the external boundaries of the tract of real property on which an automobile graveyard or junkyard is located.
   18. School - Any public or private institution for the teaching of children under 18 years of age which is recognized and approved by the North Carolina Board of Education.
   19. Service Station - Any establishment which is maintained and operated for the primary 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 not used to store more than 6 motor vehicles that are not capable of being driven under their own power and are not being restored to operable condition, regardless of the length of time that individual motor vehicles are stored or kept at such property. There is no limit to the number of vehicles that may be stored on site that are being restored to operable condition.
   20. Vector - An organism that carries pathogens from 1 host to another.
   21. Vegetation - Evergreen trees, including, but not limited to, white pine and/or hemlock, evergreen shrubs or plants, that can reach a height of 6 feet within a period of 6 years from the date planted.
   22. Wire Fence - A continuous, translucent, perforated barrier extending from the surface of the ground to a uniform height of not less than 6 feet from the ground at all points, constructed of wire, steel or nylon mesh, or any substance of a similar nature and strength, but which perforations or openings are not larger than 16 square inches.

1. Except as hereinafter provided, it shall be unlawful, after the effective date of this Chapter, for any person, firm or corporation, or other legal entity, to begin operation, operate or maintain in any unincorporated area of Henderson County a junkyard or automobile graveyard within 300 feet of the center line of any public road or within 1/2 mile of any school or within any residential area.
2. Existing junkyards or automobile graveyards in operation prior to the effective date of this Chapter and located more than 600 feet from the center line of any public road are exempted from the requirements of § 43-5C(3), regarding fencing and vegetation.

1. This Chapter shall not apply to bona fide service stations, repair shops or garages.
2. This Chapter shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm and its related uses.
3. All new and existing junkyards and/or automobile graveyards established in accordance with § 43-4 may be operated and maintained subject to the following conditions:
   
   1. The Henderson County Health Department shall inspect each junkyard and automobile graveyard at least 2 times each year to determine compliance with this chapter and that no vectors are present. Should vectors be identified, the owner/operator/maintainer shall submit satisfactory evidence to the Health Department that vectors have been eliminated.
   2. The owner/operator shall dispose of all petroleum products and residue in a manner that will not adversely affect the environment and will comply with state and federal regulations.
   3. The junkyard and/or automobile graveyard shall be entirely surrounded by a fence and vegetation or by a wire fence and vegetation. Vegetation shall be planted on either side of the wire fence or on the outbound side of a fence. The vegetation shall be of a type that can reach a minimum height of 6 feet within 6 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 and/or automobile junkyard.
      
      1. Each owner, operator or maintainer or a junkyard or automobile graveyard to which this chapter applies shall utilize good husbandry techniques, for example, pruning, mulching and proper fertilization, so that the vegetation can reach a height of 6 feet within 6 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. The fence or wire fence shall have not more than 4 gates for the purposes of ingress and egress of motor vehicles. The gates shall be closed and securely locked at all times, except during business hours.
      3. The Health Department and/or Zoning Administrator shall be available to assist an owner, operator or maintainer of a junkyard or automobile graveyard, upon request of the said owner, operator or maintainer, in the formulation of plans for said fencing and/or vegetation. The fence or wire fence shall be maintained in good order and shall not be allowed to deteriorate.
   4. All operations, equipment, junk and/or inoperable motor vehicles shall be kept within the confines of said fence and vegetation or wire fence and vegetation at all times unless in motion by transport to or from the site.

1. All owner, operators or maintainers of automobile graveyards and junkyards existing at the effective date of this Chapter shall register same with the Henderson County Health Department within a period of 180 days beginning with the effective date of this Chapter. All existing automobile graveyards or junkyards that have not been registered within 180 days shall be in violation of the provisions of this Chapter.
2. All existing automobile graveyards or junkyards at the effective date of this Chapter, registered in accordance with Subsection A, shall be granted a grace period of 12 months from the effective date of this Chapter to conform to the provisions of this Chapter; thereafter the same shall be in violation of this Chapter.

The owner, operator or maintainer of any new automobile graveyard or junkyard to be established in accordance with this Chapter shall register with the Health Department and shall not begin operation until the Health Department certifies that all applicable provisions of this chapter have been satisfied. Failure to obtain the Health Department's certification shall constitute a violation of this Chapter.

Any person, firm or corporation violating any provision of this chapter shall be subject to civil penalties of $50.00 for each violation, with each day of violation being treated as a separate violation.