§ 90.16. RESTRICTIONS ON NEW AND EXISTING ESTABLISHMENTS.

(A)

Restrictions on New Establishments. After November 10, 1965, it shall be unlawful to establish or maintain an automobile graveyard or junkyard without first obtaining a special permit therefor from the Commission. In connection with the issuance of those permits, the following requirements shall be applicable:

(1)

Area. The minimum area of land to be used shall not be less than forty thousand square feet (40,000) square feet and the maximum area of land so used shall not exceed two hundred thousand (200,000) square feet.

(2)

Screening of Premises. The area to be occupied by the junkyard shall be entirely surrounded by a substantial, continuous solid fence or wall at least eight (8) feet in height. The fence or wall shall be of similar composition, construction and color throughout and shall be constructed without openings except for one entrance and one exit, the entrance and exit to be equipped with solid gates. The gates shall be closed and securely locked at all times, except during business hours. Plans for the fence or wall shall be submitted to the Commission who shall determine whether or not the proposed fence or wall will meet the requirements of this subchapter. No building permit shall be issued for the construction of a fence or wall until the approval of the Commission has been secured. The fence or wall shall be maintained in good order and shall not be allowed to deteriorate.

(3)

Application Form. Applications for the issuance of special permits provided for hereinabove shall be made upon forms to be prescribed by the City Clerk.

(B)

Restrictions on Existing Establishments. Since it is the intent of this subchapter to minimize the extension of nonconforming uses and to look to their possible eventual elimination, any junkyard or automobile graveyard existing and operating as a nonconforming use in any district on November 10, 1965, shall be allowed to continue its operations subject to the following provisions, and all other applicable provisions of the City Code and City Charter, to-wit:

(1)

Area. The actual area used for the operation of junkyards or an automobile graveyard as of November 10, 1965, shall not be increased at any time or under any circumstances.

(2)

Buildings. No additional permanent buildings shall be erected and no presently existing permanent buildings shall be structurally altered to increase their bulk or square footage area.

(3)

Screening of Premises; Erection, Maintenance.

(a)

Within ninety (90) days after November 10, 1965, the area occupied by the junkyard shall be entirely surrounded by a substantial, continuous solid fence or wall at least eight (8) feet in height. The fence or wall shall meet the requirements of division (A) of this Section and the procedure there outlined for approval of the plans for a fence or wall shall be followed.

(b)

It is the intent of this subchapter that the time period allowed for the erection of the fence or wall is reasonable and that the requirement of that fence or wall is necessary to accomplish the purposes of this subchapter. A fence or wall shall enclose a lot or junkyard from public view; therefore, it shall be unlawful for any person operating an establishment to keep or pile any wrecked automobiles or parts or junk at a height exceeding eight (8) feet.

(Code 1980, §§ 14-15, 14-16)

Cross reference

Penalty, § 90.99.