As used in this chapter, the following terms shall have the
meanings indicated:
BUFFER STRIP
A vegetated area designed to separate specified uses. Vegetation
may include grasses, flowers and/or woody perennial plants.
CODES INSPECTOR
An employee of Allegany County whose duties include inspection
and application of enforcement measures necessary to carry out the
terms of this chapter under the direction of the Division Chief.
ENCLOSED STRUCTURE
An existing building with a continuous envelope defining
interior space, excepting only openings designed for doors or windows,
which is intended to secure said interior space for residential or
commercial use.
JUNK
Post-consumer materials such as old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel,
or any other old or scrap or discarded material, or vehicles or other
conveyances that are inoperable, dismantled, partially dismantled
or deteriorated. Building materials stored on-site for an active or
pending construction project are not considered junk under this definition.
RESPONSIBLE PARTY
An operator, landowner, tenant or any other person lawfully
in possession of any real property upon which is located any junk
or any person who is the current or most recent owner of any personal
property meeting the definition of "junk."
SALVAGE YARD
Any land or building licensed and used for abandonment, storage,
keeping, collecting or baling of paper, rags, scrap metals, other
scrap, discarded materials or junk for the purposes of abandonment,
demolition, dismantling, storage, recycling or salvaging.
SCREENING
Includes fencing, walls, buildings or other opaque barrier
constructed of rigid frame and cover material rated for exterior use,
effectively braced and anchored, and compliant with the construction
techniques and materials set forth by the County's Building Code.
Structures or barriers will completely and effectively block the public's
view of junk and salvage operations. For the purposes of this definition,
cloth membranes and similar nonrigid materials are not considered
to be acceptable screening materials.
The following development standards are in addition to, and
not instead of, the requirements set forth by the Zoning Regulations
of Allegany County, Maryland. In the event of conflict, these standards
shall prevail.
A. Location. The location of any salvage yard shall be in compliance
with the Zoning Regulations of Allegany County as adopted by the County
Commissioners on December 12, 1996, as amended, with the exception
of the LaVale Zoning District. Development standards for salvage yard
operations within the LaVale Zoning District shall be governed by
the LaVale Zoning Ordinance and enforced by the LaVale Zoning Board.
B. Lot size. All newly established salvage yards shall be at least three
acres in size.
C. Buffers. All scrap vehicles and junk associated with the salvage
yard must be at least 15 feet from the inner edge of the screening
device. For all newly established salvage yards, the operator shall
maintain a fifty-foot vegetated buffer for side and rear yard areas
beyond the screening device. The Board of Zoning Appeals may vary
the buffer requirements due to unusual site characteristics, provided
that the site is adequately screened from public view.
D. Office. All newly established salvage yards shall contain an on-premises
office building not less than 101 square feet or provide on-premises
office space of no less than 101 square feet within an enclosed structure,
for the purposes of conducting the salvage yard business transactions.
E. Screening. All newly established salvage yards shall be screened
from public view on all sides by fence, walls, building or other barrier.
Screening must be set back at least 50 feet from the center line of
any public road or 25 feet beyond the dedicated right-of-way. Screening
shall be kept in repair and neat finish. The Board of Zoning Appeals
may vary the size and setback requirements due to unusual site characteristics,
provided that the site is adequately screened from public view. Advertisement
is prohibited on screening devices.
F. Access. Access to the salvage yard must be secured by mechanical
means, such as a gate, door or removable section of screening.
Any salvage yard, as defined herein, for which a permit or license
shall be issued by the County Commissioners under the provisions of
these regulations shall be operated, conducted and maintained under
the following conditions:
A. With the exception of the Industrial Zoning District, no business
or operations shall be conducted by any salvage yard other than between
the hours of 7:00 a.m. and 7:00 p.m. on weekdays, including Saturdays,
and there shall be no business or operations conducted on Sundays.
B. No operator or owner of a salvage yard, as above defined, shall permit
or cause any burning of tires, batteries, insulated wire or other
substance on his premises. However, the Allegany County Health Department
may evaluate special requests on a case-by-case basis for a short-term
burning permit. Such special requests must demonstrate extenuating
circumstances why materials must be burned by the operator. This shall
be regulated by the State of Maryland through the Health Department
or Department of the Environment.
C. With the exception of the Industrial Zoning District, no operator
or owner of a salvage yard shall permit any junk or materials to be
piled within his salvage yard higher than the top of the screening
and visible from public view. No junk or other material of any kind
shall be piled or stored outside the fence or screening device.
D. No salvage yard, including those which were in existence prior to
September 25, 1981, shall store material or carry out any part of
the salvage operation within a publicly dedicated right-of-way, or
on other public property. This shall be regulated by the County Sheriff
and the Maryland State Police in accordance with the Maryland Vehicle
Law, TR, Title 25, Subtitle 2.
E. With the exception of the Industrial Zoning District, all dismantling
shall be done in a suitable building erected on the premises for that
purpose; or if there be no building suitable on the premises, the
dismantling shall be screened from public view and shall be done in
such a manner as not to create undue noise or disturbance to persons
residing on or using land or premises in the vicinity of the salvage
yard.
F. Proper measures shall be taken by all licensees to control dust originating
on the premises on which said salvage yard business is operated or
conducted. This shall be regulated by the Allegany County Health Department.
G. The owner of every salvage yard covered by these regulations shall
be responsible for maintaining his premises rat- and vermin-free.
Complaints of a public health nature will be investigated by the Allegany
County Health Department upon referral by the County or any citizen.
H. Noise levels.
(1) An owner/operator of a salvage yard shall not cause or permit noise
levels which exceed those specified in the following table:
|
Maximum Allowable Noise Levels for Receiving Land Use
Categories
(dBA)
|
---|
|
Day/Night
|
Industrial
|
Commercial
|
Residential
|
---|
|
Day
|
75
|
67
|
65
|
|
Night
|
75
|
62
|
55
|
(2) These standards shall also be regulated by the Allegany County Health
Department or the Maryland Department of the Environment.
Any County, municipal, state or federally sponsored site, building,
or facility for the collection, storage or recycling of discarded
materials is exempted from the provisions of this chapter.