§ 38-82. Definitions.

The following words, terms, or 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.

Automobile graveyard or salvage yard means any establishment or place of business which is maintained, used or operated for storing, buying, keeping or selling wrecks, scrap, ruined or dismantled motor vehicles or motor vehicle parts.

Garage means any establishment or place of business which is maintained and operated for the primary purpose of making mechanical and/or body repairs to motor vehicles, and which may store as many as seven 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.

Governing authority means the Union County Commissioner.

Health or safety nuisance in this article means a motor vehicle; used machinery or other used material is declared a health nuisance or safety hazard when it is found to be:

(1)

A breeding ground or harbor for mosquitoes or other insects, snakes, rats, or other pests;

(2)

A point of collection for pools or ponds of water;

(3)

A point of concentration of gasoline, oil or other flammable or explosive materials;

(4)

So located that there is a danger of the vehicle falling or turning over;

(5)

A source of danger for children through entrapment in areas of confinement that cannot be opened from the inside or from exposed surfaces of metal, glass or other rigid materials; or

(6)

A point of concentration of car radiators, batteries or other materials that pose either immediate or long term environmental degradation.

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, appliances; waste or junk; dismantled or wrecked automobiles or parts thereof; iron, steel or metal material of any type.

Junkyard means 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 or salvage yard, and the term shall include garbage dump and sanitary fields. The term "junkyard" shall include, any salvage yard, scrap yard, or related use, including any use involving the storage or disassembly of wrecked or non functioning automobiles, trucks, or other vehicles; storage, baling or otherwise dealing in scrap metal, bones, animal hides, commercial/residential appliances, used paper, used cloth, used plumbing fixtures and used brick, wood, or other building materials. Any person or entity that maintains, keeps, stores, or owns five or more junked motor vehicles or when 600 square feet or more of junk materials are kept or stored at any given place or on any property. Such uses shall be considered junkyards whether or not all or part of such operations are conducted in conjunction with, addition to, or accessory to, other uses of the premises. Materials enclosed in closed buildings, solid waste containers or rolling stock are excluded.

Junked motor vehicle means a vehicle that does not display a current license plate and that:

(1)

Is partially dismantled or wrecked; and/or

(2)

Cannot be self-propelled or moved in the manner in which it originally was intended to move.

Residence means a house, an apartment, a group of homes, or a single room occupied or intended for occupancy as separate living quarters for one or more humans.

Scenic view means an open, unobstructed or long-distance view abounding in natural beauty, including, but not limited to views of mountains, lakes, rivers, forests, historic areas.

Service station means any establishment which is maintained and operated for the 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 used to store not more than seven motor vehicles that are not capable of being driven under their own power and are not being restored to operable conditions, regardless of the length of time that individual motor vehicles are stored, or kept at such property.

Vegetation means all-seasonal or evergreen vegetation and shall mean evergreen trees with leaves or foliage at all seasons of the year and shall include, but not be limited to, white pine, southern pine, hemlock, and spruce trees.

Visible means capable of being seen without visual aid by a person of normal acuity.

(Ord. No. O-2006-01, § 2, 3-16-06)