City of Lancaster, PA Junkyards

Any personal property which is owned, possessed, collected, accumulated, dismantled or assorted, including but not limited to used or salvaged base metal or metals, their compounds or combination, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and motor vehicles, machinery or equipment for the purpose of wrecking or salvaging parts therefrom.

JUNKYARD

Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition, and is owned, possessed, collected, accumulated, dismantled or assorted, including but not limited to used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and includes used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

PERSON

A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

§ 177-2 Application of Zoning Ordinance.

The regulations and other matters provided herein are deemed to be in addition to and supplemental to the requirements of the Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 300, Zoning.

§ 177-3 Duties of Inspector.

It shall be the duty of the Building Inspector to administer this chapter.

§ 177-4 Registration list and inspections.

The Building Inspector shall keep a registration list of all existing and future junkyards in the city. He shall periodically inspect such junkyards for compliance with these regulations and shall inspect each junkyard upon each annual application for a license.

§ 177-5 Requirements for use.

In granting a building permit for the location and use of premises or land for a junkyard, the Building Inspector shall require the following:

The area to be occupied by the junkyard shall be located at least 300 feet from any residence.

Every junkyard operation shall be conducted either wholly within a substantially constructed building or within an area which shall be surrounded completely on all sides by a continuous solid fence of uniform height, except for entrances and exits, approved as to location by the City Planning Commission, uniformly constructed of brick, block, metal, concrete or wood and kept in repair. Such fence shall be at least eight feet in height and shall be constructed at street corner intersections so as to permit adequate vision clearance on the street. The fence, when constructed of wood, shall be completely and uniformly painted or treated, and when constructed of other materials shall be appropriately and uniformly maintained. Existing enclosures constructed of other materials heretofore approved by the Zoning Hearing Board and completely enclosing the junkyard may be continued, provided that they are in repair, but no new enclosure or part of a new enclosure shall be erected except in strict compliance with these regulations, including the obtaining of a building permit therefor.

No junk shall be loaded, unloaded or placed outside the enclosure fence, temporarily or permanently, either on the property or in the public right-of-way.

Every junkyard shall be conducted so as not to create a nuisance by reason or noise or disagreeable odors or fumes or so as to attract rats or vermin. The loading or unloading of junk and the use of breakup hammers shall be carried on during the normal daylight business period only.

The operator, owner or employee of every junkyard may burn junk only after first obtaining a permit in writing therefor from the Bureau of Fire of the city and only within an incinerator approved by such Bureau, subject to the power of the Chief of the Fire Bureau to issue a special permit.

All junkyards shall be maintained in a clean, sanitary and neat condition. The accumulation of anything not defined as junk, including but not limited to foodstuff, animal matter and similar materials, shall not be permitted.

The owner of any junkyard in the city shall keep or shall require the operator thereof to keep an up-to-date list of all acquisitions of junk, including the names and addresses of all persons from whom acquired, together with a description of such junk which will permit reidentification thereof. Such list shall date back at least one year at all times and shall be kept available to police officers of the city and all other authorized police officers during all hours of business. This provision shall be in addition to any statutory requirement.

§ 177-6 Building permit and annual license; fees; revocation.

No junkyard shall be established except upon application for a building permit, accompanied by such information as the Building Inspector shall require to determine compliance with these regulations, accompanied by a fee of $100 which shall belong to the city regardless of whether the permit is issued. No building permit shall be issued until the City Planning Commission has approved the location of the entrances and exits of the junkyard and the Zoning Officer has certified that the use complies with the Zoning Ordinance then in effect.[1]

[1]

Editor's Note: See Ch. 300, Zoning.

Every person operating a junkyard shall, on or before February 1 of each year, apply to the City Bureau of License and Inspections for a license, and the Bureau shall issue such license upon payment of $100, provided that a person commencing business after February 1 shall pay pro rata for the whole year as of the first day of the month such person begins business.

The issue of a building permit or of an annual license may be revoked by the Inspector for failure to comply with these regulations, subject to the applicant's right of appeal under § 177-8.

§ 177-7 Effect upon existing automobile graveyards.

Persons owning, leasing or having control of automobile graveyards existing on March 1, 1938, shall not be required to make application for a building permit for the operation thereof, but shall be required to register such junkyard with the Building Inspector and shall otherwise comply with the provisions of this chapter, but no such existing automobile graveyard shall be enlarged except upon strict compliance with the provisions of this chapter, and no new automobile graveyards shall be established.

§ 177-8 Appeals.

Whenever the Building Inspector refuses to grant a permit or revoke a permit or a license, the applicant may appeal to the Zoning Hearing Board within 30 days from the date of notice of the Inspector's decision.

The appeal shall be in the form of a verified petition, filed in triplicate, which shall set forth a concise statement of the relevant facts, the decision appealed from and the basis of the appeal.

The Board shall forthwith transmit to the City Solicitor and to the Inspector, who shall be deemed to be a party to the appeal, a copy of the petition and shall set a date for hearing and give notice thereof to the parties, which hearing shall be not less than 10 nor more than 30 days after the date of filing the petition. The Board may grant continuances upon cause shown. Any party in interest may, prior to the hearing, file such answer to the petition as he deems desirable.

At the hearing the Board shall hear testimony, receive evidence and hear argument on the merits of the appeal. If any party requests that a record be made of the hearing, the Board shall employ a stenographer at the expense of the party requesting the record. Any other party may secure a copy of the record by making timely request and by paying a pro rata share of the cost.

The Board shall render its decision in writing, and give notice thereof to the parties.

This chapter shall not be construed to limit or deny any judicial remedies to which a party may be entitled by law or equity, but a person having an appeal available under this section shall first avail himself of the appeal.

§ 177-9 Equitable remedies.

When, in the opinion of the Building Inspector, delay in the enforcement of any provision of this chapter during the pendency of any proceedings for its enforcement would create or permit to exist a clear and present danger to the safety of persons or property in the city, the Inspector may make application to the Court of Common Pleas of Lancaster County for a preliminary injunction with or without notice, as the Court may determine.

If any person resists or prevents the Inspector in the exercise of the duty to inspect set forth in § 177-4, the Inspector may likewise make application to the Court of Common Pleas in the manner set forth in Subsection A hereof.

The enumeration of the above specific instances of equitable remedies shall not be construed to limit or deny the right of the city or any person to such equitable or other remedies as may otherwise be available, with or without process of law.

§ 177-10 Violations and penalties.

In addition to any sanction or remedy provided for in this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be fined not more than $25 for the first offense, not more than $100 for the second offense and not more than $300 for any subsequent offense, and costs of prosecution for each offense, and in default of payment thereof shall be imprisoned for not more than 90 days. Continuing violation as to any provision after notice from the Inspector shall be a separate violation for each day.