43-5. Exceptions

  1. This Chapter shall not apply to bona fide service stations, repair shops or garages.
  2. This Chapter shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm and its related uses.
  3. All new and existing junkyards and/or automobile graveyards established in accordance with ยง 43-4 may be operated and maintained subject to the following conditions:
    1. The Henderson County Health Department shall inspect each junkyard and automobile graveyard at least 2 times each year to determine compliance with this chapter and that no vectors are present. Should vectors be identified, the owner/operator/maintainer shall submit satisfactory evidence to the Health Department that vectors have been eliminated.
    2. The owner/operator shall dispose of all petroleum products and residue in a manner that will not adversely affect the environment and will comply with state and federal regulations.
    3. The junkyard and/or automobile graveyard shall be entirely surrounded by a fence and vegetation or by a wire fence and vegetation. Vegetation shall be planted on either side of the wire fence or on the outbound side of a fence. The vegetation shall be of a type that can reach a minimum height of 6 feet within 6 years from the date planted and shall be planted at intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow (without gaps or open spaces) will exist to a height of at least 6 feet along the length of the fence surrounding the junkyard or automobile graveyard. The hedgerow shall be maintained as a continuous, unbroken hedgerow for the period the property is used as a junkyard and/or automobile junkyard.
      1. Each owner, operator or maintainer or a junkyard or automobile graveyard to which this chapter applies shall utilize good husbandry techniques, for example, pruning, mulching and proper fertilization, so that the vegetation can reach a height of 6 feet within 6 years of the date planted and will have a maximum density and foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time.
      2. The fence or wire fence shall have not more than 4 gates for the purposes of ingress and egress of motor vehicles. The gates shall be closed and securely locked at all times, except during business hours.
      3. The Health Department and/or Zoning Administrator shall be available to assist an owner, operator or maintainer of a junkyard or automobile graveyard, upon request of the said owner, operator or maintainer, in the formulation of plans for said fencing and/or vegetation. The fence or wire fence shall be maintained in good order and shall not be allowed to deteriorate.
    4. All operations, equipment, junk and/or inoperable motor vehicles shall be kept within the confines of said fence and vegetation or wire fence and vegetation at all times unless in motion by transport to or from the site.