§ 43-5. Exceptions.
This Chapter shall not apply to bona fide service stations, repair shops or garages.
This Chapter shall in no way regulate, restrict, prohibit or otherwise deter any bona fide
farm and its related uses.
All new and existing junkyards and/or automobile graveyards established in accordance
with § 43-4 may be operated and maintained subject to the following conditions:
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.
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.
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
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.
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
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.
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.
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.