ARTICLE III – JUNK YARDS

          7-3-1          DEFINITIONS.  Terms used in this Article, unless the context otherwise requires, are defined as follows:

          (A)               Junk Yard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling unk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

          (B)               Junk means 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.

          (C)               Automobile Graveyard means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

          (D)               Scrap Processing Facility means any establishment having facilities for processing iron, steel, nonferrous scrap, mineral wastes or slag, and whose principal produce is scrap iron, steel, or nonferrous scrap for sale for remelting purposes only.

          7-3-2          CONDITIONS FOR ESTABLISHMENT.  No person may hereafter establish, operate, or maintain a junk yard or scrap processing facility, any portion of which is within one thousand (1,000) feet of the nearest edge of the right of way of any public roads inUnionCounty, except the following:

          (A)               Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight and any such objects, plantings, fences or other appropriate means must be approved by the Union County Board of Commissioners in advance of commencing the operation of such junk yard or scrap processing facility.

          (B)               Those located within areas which are zoned for industrial use, or those located within unzoned areas which are used for industrial activities, as determined by regulations to be promulgated by the Union County Board of Commissioners.

          (C)               Those which are not visible form the main-traveled way of theUnionCountyhighway system.

            7-3-3              SCREENING OF JUNK YARDS.  Any junk yard or scrap processing facility lawfully in existence on the effective date of this Article which is within one thousand (1,000) feet of the nearest edge of the right of way and visible from the main-traveled way of any highway in the Union County public road system, shall be screened, if feasible, by the Union County Board of Commissioenrs at locations on highway right of way or in areas acquired for such purposes outside the right of way so as not to be visible from the main-traveled way of such highway.

          7-3-4          RULES AND REGULATIONS.  The Union County Board of Commissioners shall promulgate regulations governing the location, planting, construction and maintenance, including materials used in screening or fencing required by this Article.

          7-3-5          CONDEMNATION FOR SCREENING OF NONCONFORMING JUNK YARDS; RELOCATION.  When the Union County Board of Commissioners determines that the topography of land will not permit adequate screening of existing junk yards or scrap processing facilities or junk yards or scrap processing facilities lawfully established but which become nonconforming, the Union County Board of Commissioners may acquire by gift, purchase or by the exercise of the right of eminent domain such junk yards or scrap processing facilities, or portions thereof, necessary to secure compliance with this Article.  When it is more economical to move such junk yards or scrap processing facilities, or portions thereof, the Union County Board of Commissioners may acquire by gift, purchase or by the exercise of the right of eminent domain such lands or interest in lands as may be necessary to secure the relocation of such junk yards or scrap processing facilities, or portions thereof, and pay the costs of such relocation.  The Union County Board of Commissioners may also acquire by gift, purchase or by the exercise of the right of eminent domain such land or interests in land as is necessary to effectively screen existing junk yards or scrap processing facilities lawfully established, but which become nonconforming.

          7-3-6          ABATEMENT OF NUISANCES.  The Union County Board of Commissioners may apply to the Circuit Court of the County in which a junk yard or scrap processing facility is located for an injunction to abate the nuisance created by the junk yard or scrap processing facility which is not in compliance with this Article.

          7-3-7          AGREEMENTS WITH FEDERAL AUTHORITIES.  The Union County Board of Commissioners is authorized to enter into agreements with the designated authority of the United States Government relating to the control of junk yads or scrap processing facility in areas adjacent to the public roads, and to take such action as may be necessary to comply with the terms of such agreements.

          7-3-8          PENALTY.  Any violation of this Article is hereby declared a nuidsance offense subject to Fifty Dollars ($50.00) fine for each day that such violation continues.

(08-06-73)