As used in this chapter, the following terms shall have the
meanings indicated:
ANTIQUE MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to, or will be maintained in or restored to, a condition
which is substantially in conformance with the manufacturer's
specifications.
CLASSIC MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer's specifications
and appearance.
JUNKED MOTOR VEHICLE
A.
Any motor vehicle, or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle,
which is unlicensed or unregistered; or abandoned, wrecked, stored,
discarded, dismantled; or not in condition for legal use upon the
public highways.
B.
The fact that a motor vehicle does not display a current motor
vehicle registration or license plate shall be presumptive evidence
that such motor vehicle is not in condition for legal use upon the
highways.
C.
With respect to any motor vehicle not required to be licensed
or a motor vehicle not usually used on public highways, the fact that
such motor vehicle is not in condition to be removed under its own
power shall be presumptive evidence that such motor vehicle is a junk
motor vehicle unless refuted by verifiable and credible proof.
JUNKYARD
An establishment, location 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 nonfunctioning automobiles, trucks, or other vehicles;
storage, baling or otherwise dealing in scrap metal, commercial/residential
appliances, 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.
The following conditions are hereby excluded from the definition
of a junkyard:
A. Unlicensed vehicles in operating condition stored by or for the owner
while the owner is:
(1) A full-time student of the immediate family attending a school, college,
or university; and
(2) A member of the United States Armed Forces.
B. Seasonal vehicles or machinery during their off-season if kept in
a location not visible from any road, street or highway, when practicable;
otherwise a seasonal use permit must be applied for and received.
C. Farm machinery, including tractors, where such machinery is actively
used. Farm machinery kept for parts shall be kept in a location not
visible from any road, street or highway.
D. An antique or classic motor vehicle (one) which is being restored.
E. Contractor's storage yard: An area used for the storage of equipment
and/or materials used for providing construction-related contracting
services, including but not limited to flooring, heating, plumbing,
roofing, landscaping and excavation. These yards shall not include
inoperable or wrecked motor vehicles remaining on the premises for
more than 48 hours. Yards containing such vehicles shall be considered
an outside salvage or reclamation use and subject to violation, unless
said vehicle has a valid state registration, current safety inspection
certificate and documentary records of pending repairs or other disposition.
F. Approved and licensed automobile impound yards (meeting the requirements
of all approvals and licenses).
Junkyards as defined in this chapter will be allowed by a permit
to operate a junkyard. These permits will be reviewed and granted
by the Planning Board. The application shall include information on
the following: material storage types, location and heights; activity
areas (what is done and where); and all existing permit and approval
information concerning the site.
Any junkyard that remains unregistered after the adoption of
this chapter for a period of more than six months shall be deemed
to be abandoned.