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 that 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.
JUNK VEHICLE
Any abandoned, inoperable and/or discarded motor vehicle
originally licensed or registered to be legally operated on public
streets and thoroughfares. Definition of a "vehicle" to include automobiles,
trucks, recreational vehicles, utility and boat trailers left in a
state of disuse, neglect or abandonment. Evidence that a vehicle is
abandoned, inoperable and/or discarded may include any one or a combination
of the following factors:
A.
The vehicle being wrecked.
B.
The vehicle being inoperative as evidenced by vegetation underneath
as high as the vehicle body or frame; refuse or debris collected underneath;
or the vehicle being used solely for storage purposes.
C.
The vehicle being partially dismantled, having no engine, transmission
or other major and visible parts, broken windshield and/or lights
or rendered inoperable.
D.
The vehicle being incapable of functioning as a means of transportation
in its present state or being not capable of safe operation under
its own power in the manner it was originally intended to move.
E.
The vehicle having only nominal salvage value.
F.
The vehicle being without a valid and current license plate
and/or an inspection sticker properly affixed.
G.
A vehicle with one or more flat tires and/or with the tires
or wheels partially embedded in the ground upon where it rests.
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
(junk vehicle); 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 junk 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; or
(2) A member of the United States Armed Forces.
B. Seasonal vehicles or machinery during its 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 which is being restored under
the conditions of a restoration permit.
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 storage yards shall not
include inoperable or wrecked motor vehicles remaining on the premises
for more than 48 hours. Storage 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).
Existing junkyards, as defined in this chapter, will be allowed by special use permit (SUP). These junkyard special use permits will be reviewed and granted by the Planning Board. All applicable regulations, requirements and procedures must be met as laid out in Article
XLVI, special use permits, of the Hamburg Code. In addition to the requirements listed in §
280-313 of the Special Use Permit Code, 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 for a period of more
than six months shall be deemed to be abandoned and void from the
ability to apply for a SUP.