ARTICLE XII*: SALVAGE YARD ORDINANCE

Section 1201. AUTHORITY, PURPOSE, TITLE, EFFECTIVE DATE

Section 1201.1 General Authority

By authority of the Code of West Virginia, Chapter 17, Article 23, Section 4, the Berkeley County Planning Commission is empowered to adopt, administer and enforce reasonable rules and regulations for the establishment, operation or maintenance of a salvage yard.

Section 1201.2 Purpose

The purpose of this ordinance is to establish a permit procedure and set the reasonable rules and regulations for the establishment, operation and maintenance of a salvage yard. More specifically, this ordinance is adopted for the following purposes:

a.

To protect and provide for the public health, safety and general welfare of the County.

 

b.

To promote the harmonious development of the County to secure safety from fire, flood and other dangers.

 

c.

To promote an efficient access to the existing transportation network and particularly the highway system.

 

d.

To protect and conserve the value of land through-out the County and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

 

e.

To prevent the pollution of air, streams and other water bodies; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of the natural and visual resources throughout the County in order to preserve the integrity, stability and natural beauty of the community.

 

f.

To guide future growth and development in accordance with the comprehensive plan and/or any permanent or interim land use and growth management regulation

 

Section 1201.3 Title

This Ordinance shall be known, cited and referred to as the Berkeley County Salvage Yard Ordinance, and shall be made a part of the County Land Use Regulations.

Section 1201.4 Permit Required

A salvage yard permit issued by the Berkeley County Planning Commission shall be required prior to the establishment of any salvage yard. Any salvage yard which is not licensed in accordance with Article 23, Chapter 17, Section 3 of the Code of West Virginia at the time of adoption of this Ordinance shall require a permit under this Ordinance. In addition, a permit shall be required for the expansion of a salvage yard issued a permit under this Ordinance or a legally licensed salvage yard in existence prior to the adoption of this ordinance. No permit shall be issued until it conforms with all other County Land Development laws and the laws of the State of West Virginia.

Section 1201.5 Exempt Activities

The following activities are expressly exempt from the provisions of this Ordinance:

a.

Any new or used motor vehicle dealer licensed by the State of West Virginia or any commercially established licensed motor vehicle repair shop, provided that any junked motor vehicles or salvage on site are being stored for repair, reconstruction, impoundment, temporary storage, or for temporary use of parts and would not otherwise constitute a salvage yard. A commercially established repair shop shall not include part-time or “hobby” repair shops or other establishments which are not the principal occupation of the proprietor.

 

b.

Publicly owned and operated solid waste disposal facilities approved by the West Virginia Department of Natural Resources under Chapter 20, Article 5F and the Legislative Regulations for Solid Waste Management, as amended.

 

c.

Bonifide Agriculture Operations in the Planning Commission’s opinion, vehicles or other material serving an acceptable purpose toward production activity of a bonifide agriculture operation; actually files a 1040 schedule F, Federal Income Tax Form.

 

d.

Licensed contractors for the storage of operational equipment or equipment under repair and used in conjunction with their business.

 

Section 1201.6 Effective Date This Ordinance, established by action of the Berkeley County Commission on August 21, 1984 , shall take effect on same , and shall apply to all salvage

yards as defined in this ordinance within the unincorporated territory of Berkeley County. Section 1202. INTERPRETATIONS AND DEFINITIONS Section 1202.1 Interpretation For the purpose of this Ordinance, the following interpretations shall apply:

a.

Words used in the present tense include the future tense.

 

b.

The singular includes the plural.

 

c.

The plural includes the singular.

 

d.

The word “person” includes a corporation, unincorporated association or partnership as well as an individual.

 

e.

The term “shall” or “will” is always mandatory.

 

f.

The word “building” or “structure” shall be construed as if followed by the phrase “or part thereof”.

 

g.

The word “County” shall refer to Berkeley County.

 

h.

The word “Ordinance” shall refer to the Berkeley County Salvage Yard Ordinance.

 

Section 1202.2 Definitions For the purpose of this Ordinance, the following definitions shall apply:

1. Agriculture: The cultivation of plant crops or the raising of livestock. Agriculture is the organized use of land for the production of plant or animal food, fiber or landscape products. Beef and dairy farms, grain farms, orchards, plant nurseries, and tree farms are forms of agriculture. Other forms of agriculture could be considered by the Planning Commission; current tax status as an agriculture operation by filing a 1040 schedule F, Federal Income Tax Form.

    

2. Building: Any structure which is permanently affixed to the land or a mobile unit.

    

3. Community Impact Statement (CIS): A report prepared by an applicant or qualified agent describing the scope and feasibility of his proposed salvage yard. The CIS also describes the physical, social and economic impacts a proposal may bring to the County and to the immediate area.

    

4. Construction Bond: A written instrument with a clause binding an applicant to pay a certain penalty (or a portion thereof) to the County Commission; conditioned, however, with a statement that the payment of the penalty (or a portion thereof) may be avoided upon satisfactory construction and completion of improvements required by the Planning Commission. A Construction Bond is secured by a surety, by cash in escrow, or by other means satisfactory to the Berkeley County Commission and the Berkeley County Planning Commission.

    

5. County Commission: The Berkeley County Commission elected at-large by magisterial district.

    

6. County Engineer: A member of the Planning Commission Staff (or a consultant to the Planning Commission) who is registered as a West Virginia Professional Engineer.

    

7. County Land Use Regulations: The Ordinance adopted by the Berkeley County Commission for the purpose of monitoring and regulating the development of land. This shall include the Subdivision Ordinance, the Improvement Location Permit Ordinance, and any other similar Ordinance officially adopted by the County Commission.

    

8. Fencing: An enclosure constructed of appropriate materials located and maintained so as to effectively screen the salvage yard from the public view and to effectively provide security against any injury or damage.

    

9. Land Use Coordinator: a designated employee of the Planning Commission charged with the administration and enforcement of this Ordinance and other land use laws in Berkeley County, unless otherwise designated, this shall mean the Berkeley County Planning Director.

    

10. Motor Vehicle: Any device in which persons or property may be transported and is, or was, self-propelled.

     

11. Motor vehicle, Junked: Any motor vehicle which is unlicensed, unregistered, discarded, wrecked, ruined, uninsured, scrapped, or dismantled; cannot pass the State Motor Vehicle inspection; and, is not serving a reasonable functional use or purpose or is not in an enclosed building.

     

12. Motor Vehicle Repair Shop: Any commercially established building or land used for the servicing, repairing, or equipping of motor vehicles. A motor vehicle repair shop shall include commercial garages and body shops, licensed by the State of West Virginia.

     

13. Planning Commission: The Berkeley County Planning Commission. A commission appointed by the Berkeley County Commission to promote and administer the Comprehensive Plan and Land Use Ordinances of Berkeley County.

     

14. Salvage: Scrap copper, brass, rope, rags, batteries, paper, rubber, trash, waste, dismantled or wrecked machinery, machines or motor vehicles or any parts of any junked, dismantled or wrecked machinery, machines or motor vehicles, iron, steel, appliances and other scrap ferrous or non ferrous materials.

     

    1. Salvage Yard: Any place which is maintained, operated or used for the storing, keeping, buying, selling, or processing of salvage, or for the operation and maintenance of a motor vehicle graveyard, and the term shall also include garbage dumps and sanitary landfills. Any collection of three or more junked vehicles, or combination of ferrous or nonferrous materials together with one or more junked motor vehicles amounting to a total of 75 cubic yards or a collection of any salvage amounting to 75 cubic yards shall be considered a salvage yard. For the purpose of this ordinance, 25 cubic yards shall constitute a motor vehicle (i.e. 75 cubic yards of salvage; 50 cubic yards of salvage plus one car; or 25 cubic yards of salvage plus two cars).

        

    2. See attachment A for “Method of Measurement to Determine Amount of Salvage”
15. Solid Waste Disposal Facility: Any facility established, modified or operated for the purpose of the disposal of solid waste or its reclamation as defined by West Virginia Department of Natural Resources, Legislative Regulations for Solid Waste Management, as amended.

     

16. Sketch Plan: An informal drawing of a salvage yard’s proposed design and layout which is prepared according to the provisions of this Ordinance and which assists the Planning Commission and the applicant in reviewing the general scope, feasibility and impact of a proposed project.

     

17. Structure: Anything constructed, preconstructed or prefabricated, the use of which requires fixed location on the ground; or, anything attached to something having such location. A structure does not include fences individual driveways, or retaining walls.

     

Section 1203. PERMIT PROCEDURES AND REQUIREMENTS

Section 1203.1 Permit Procedures

Salvage Yard proposals are reviewed at three stages:

� Application Conference – Staff

� Community Impact Evaluation – Planning Commission

� Final Public Hearing – Planning Commission

Upon request, partial exceptions from the review process may be considered by the Planning Commission for salvage yard proposals which appear to have a minor impact on the County. However, public hearings shall not be waived. The Planning Commission may advance such proposals directly to the Final Public Hearing stage, provided a site inspection by the Staff and Planning Commission Review Committee reveals no apparent difficulty. Although certain requirements for documentation of the proposal may be waived, advancing the application shall not exempt a proposal from other requirements of this ordinance.

a.

A permit application shall be made, on forms provided by the Planning Commission, and shall be submitted to the Planning Commission Office. In addition, the applicant shall submit the following information:

 

1. Community Impact Statement as required in Section 3.1.

    

2. Sketch Plan as required in Section 3.2.

    

3. Appropriate certificate of approval (entrance permit) from the West Virginia Department of Highways.

    

4. Other permits, licenses or approval required under County, State or Federal Laws or official documentation that application has been made and received for such approvals.

    

b.

Upon submission of a completed application and required information, an APPLILCATION CONFERENCE shall be scheduled between the applicant and the Planning Commission Staff.

 

c.

At the APPLICATION CONFERENCE the applicant and staff review and discuss the materials submitted. The scope of the proposed salvage yard is examined according to the impact it will have on the physical, social, and economic conditions within the County. Modifications to the sketch plan are made if appropriate. The applicant is advised of the date and time his proposal will be brought before the Planning Commission for the Community Impact Evaluation.

 

d.

The Planning Commission places a Legal Notice in a newspaper having general circulation within the affected area no less than 30 days prior to the meeting, advising the public of the Community Impact Evaluation before the Planning Commission. The applicant shall place effective signing provided by the Planning Commission in full view and unobscured on the proposed site that is visible and readable to the general public and within 25 feet of a public road.

 

e.

Community Impact Evaluation is presented to the Planning Commission during a regular meeting. The Planning Commission reviews the sketch plan and Community Impact Statement. The Planning Commission renders a decision whether to approve the concept, deny the application or require additional information before advancing the proposal to the Public Hearing. Examples of other information which may be required are a more detailed Community Impact Statement or a detailed site plan.

 

f.

If the salvage yard application is disapproved, at the Community Impact Statement stage, the applicant is advised in writing of the Planning Commission action and of the specific reasons upon which the action was based.

 

g.

If the application is approved in concept or the applicant submits the information required by the Planning Commission, and is deemed sufficient by the staff to meet the concerns of the Planning Commission, a date shall be set for a public hearing at a regular meeting of the Planning Commission.

 

h.

The Planning Commission shall place a notice of public hearing in a newspaper having general circulation within the affected area no less than 30 days prior to the hearing. The applicant shall post a sign on the proposed site. Said sign shall be in full view and unobscured, it shall also be readable to the general public and within 25 feet of a public road. Said sign will be provided by the Planning Commission.

 

i.

The public hearing is held before the Planning Commission in order to solicit new or revised information from the public not previously considered at the Community Impact Evaluation stage. The Planning Commission, after considering public comment, all previous information and comment, the provisions of this Ordinance, and the provisions of Section 17-23-4 of the Code of West Virginia, may approve, table for further consideration or disapprove the salvage yard proposal.

 

j.

The Planning Commission shall approve, or disapprove a salvage yard proposal within forty-five days from completion of the public hearing. Failure to take action within forty-five days shall result in the approval of the application, unless a waiver of this time period is granted to the Planning Commission by the applicant.

 

k.

If the salvage yard application is disapproved at the Public Hearing stage, the applicant is advised in writing of the Planning Commission action and of the specific reasons upon which action was based.

 

Section 1203.2 Community Impact Statement

All salvage yard proposals shall be accompanied by a written Community Impact Statement (CIS). The purpose of the CIS is to provide the Planning Commission with much of the information necessary to consider the potential impacts that the salvage yard may have on a specific site, on the surrounding land uses and on the County as a whole. The content shall be sufficient to permit an examination of these impacts.

a.

Basic descriptive information about a salvage yard proposal shall include:

 

1. Name and address of owner/developer.

    

2. Name and address of contact person.

    

3. Tract size(s), shape and location, and the area(s) or portion(s) to be used as a salvage yard.

    

4. General description of the nature of the salvage yard, the types of materials to be stored, and the anticipated market for salvage purchased and sold by the operator.

    

5. Number, approximate size(s) and location(s) and intended function(s) or use(s) of proposed or existing buildings on the site(s).

    

6. General description of surface conditions (topography).

    

7. Soil and drainage characteristics.

    

8. Existing natural or manmade features including vegetative cover, water bodies, quarries and rock outcroppings, and drainage ditches.

    

9. General location and description of existing structures. Also see Section 1204.1 Location Standards.

    

10. General location and description of existing easements or rights-of-way.

     

11. Existing and/or proposed covenants and restrictions.

     

12. Intended improvements.

     

13. Intended earthwork that would alter the topography.

     

14. Tentative development and construction schedule.

     

15. Anticipated project costs.

     

b.

A discussion of the Physical Impacts of the proposed salvage yard shall consider but not be limited to the following items:

 

Physical Impacts:

1. Earthwork, as it affects drainage, removal of vegetation and soil, and alteration of the natural terrain.

    

2. Conversion of farmland to non-farm use.

    

3. Wildlife populations.

    

4. Groundwater and surface water resources use, depletion, contamination, flow change.

    

5. Compatibility of the proposal with the surrounding area in terms of land use and visual appearance.

    

6. Impact on sensitive natural areas such as water recharge areas, stream and river banks, hillsides, forests, wetlands and water bodies.

    

1. Geologic impacts and limitations of the site, Social Impacts:

    

   1. Traffic characteristics – type and frequency of traffic; adequacy and safety of existing transportation routes and facilities; origin and destination of traffic.

       

   2. Fire and Police protection – on site measures proposed to minimize the risk of fire and steps to minimize vandalism, injury and damage to the general public.

       

   3. Sewer and water facilities.

       

   4. Proximity and relationship to known historic features.

       

1. Relationship of the project to the Comprehensive Plan. Economic Impacts

    

   1. Property tax evaluation.

       

   2. Local employment implication.

       

   3. Expected changes in property values.

       

The method by which the applicant prepares and presents a CIS shall be in accordance with a standardized outline currently utilized for this purpose by the Planning Commission and Staff.

Section 1203.3 Sketch Plan

A sketch plan shall be submitted with an application for a salvage yard. The sketch plan shall be on white paper and shall show in simple form the layout of the proposed salvage yard. The sketch plan may be drawn free hand at a scale acceptable to the Engineer. Contour lines as shown on the appropriate U.S.G.S. Topographical Quadrangle map should be transferred to the sketch plan. In addition, the sketch plan shall show the following information within 1000 feet of the proposed site’s property boundaries:

a.

Natural features such as watercourses, rock outcroppings, sink holes, quarries and wooded areas.

 

b.

Areas proposed for the storage of salvage and the specific type of salvage proposed.

 

c.

Location of buildings or structures, including homes.

 

d.

Proposed access and the internal road network.

 

e.

Parking areas for customer and employee parking.

 

f.

Measures proposed to manage stormwater and to minimize erosion. (See Sections 609 and 713 of this document.)

 

g.

Salvage and building setback lines.

 

h.

Proposed fence locations.

 

i.

All properties and owners identified.

 

The applicant will be required to submit a detailed site plan prepared by a licensed surveyor or engineer indicating the specific site characteristics, proposed stormwater management plans, erosion and sediment controls and detailed construction plans for all improvements. Additional information or detail may be required by the County Engineer.

Section 1203.4 Performance Guarantees

When there appears to be a need to ensure that certain improvements are completed or the salvage yard is maintained and operated in accordance with this Ordinance, the Planning Commission may require that a construction bond, or other form of surety, be provided. The form of surety and the amount shall be acceptable to the Planning Commission and the County Engineer and must be approved by the County Commission.

Section 1203.5 Fees

A fee of five-hundred dollars ($500.00) shall be charged for each application submitted to the Planning Commission for a salvage yard. This fee is in addition to any Improvement Location Permit fee, applicable for the construction of buildings and Public Hearing fees, and other appropriate and applicable fees.

Section 1204. LOCATION AND SITE DESIGN STANDARDS; OPERATING REQUIREMENTS

Section 1204.1 Location Standards

A salvage yard shall not be established unless it meets all of the following local standards:

a.

No salvage yard shall be located closer than 1000 feet of an existing residence.

 

b.

No salvage yard shall be located within 1000 feet of any existing public or private school, or land owned by the Berkeley County Board of Education, or a Public or private playground, park or recreation area, or church.

 

c.

No salvage yard shall be located within 200 feet from any year-round stream, run, river, pond, or other water body. In addition, salvage yards are prohibited within a Flood Prone Area as determined by the Flood Study prepared for Berkeley County dated November 14, 1986, or the Flood Hazard Boundary Maps dated December 16, 1977.

 

d.

All salvage yards should have direct access to a State highway. Access through a private road may be considered if the applicant provides written evidence that the following criteria is met:

 

1. All private road rights-of-way shall be at least 40 feet in width and said roads shall meet the minimum road standards as required by the Berkeley County Subdivision Regulations. Greater right-of-way widths may be required by the County Engineer; and

    

2. All private road rights-of-way shall be an exclusive right-of-way; or

    

3. All parties of interest in a non-exclusive right-of-way shall consent to the use of the private road for the purposes of a salvage yard.

    

e.

No salvage yard shall be located closer than 100 feet from a property line.

 

Section 1204.2 Site Design Standards

In establishing a salvage yard, all of the following requirements and standards must be met:

a.

Setbacks

 

1. All salvage yard areas shall be set back a minimum of 1000 feet from a State road right-of-way and 1000 feet from a private road right-of-way. Where greater setbacks are required by State or Federal Law, the more restrictive shall apply.

    

2. All salvage material shall be stored no closer than 20 feet from the perimeter fence or screening to allow access for emergency and fire fighting equipment.

    

3. Any structure or facility intended for the burning, incineration, or crushing of salvage material shall be no closer than 100 feet from and within any fence boundary.

    

b.

Fencing and Screening

 

1. All outdoor storage of salvage material shall be conducted entirely within an enclosed fence or wall, the minimum height of which will be 10 feet (i.e., 120 inches). Such areas that the fence will be abutting a State road, open field, or any open spaces, a vegetative screen of coniferous trees shall be planted along the exterior perimeter of the fence or wall. All driveways through the fence shall be similarly screened. Such fence or wall shall be constructed on the front, sides and rear of the storage area, in accordance with the setbacks above, and shall be constructed in such a manner that no salvage material is visible from an adjacent property, or private or State road within 1000 feet. Said fencing and screening shall be installed prior to storage of salvage material.

    

2. The construction of fences or screening shall be uniform and no patchwork type of construction shall be permitted.

    

3. The cost of construction of fencing and screening shall be bonded, also see Section 1202.2 Definitions, No. 4 Construction Bond.

    

c.

Parking

 

One off-street parking space shall be provided for each employee. In addition, two spaces per acre of salvage yard area shall be provided for patrons up to a total of 12 spaces. Additional parking spaces may be required by the Planning Commission, depending on the total acreage of the salvage yard.

d. Size

Minimum size for a salvage yard is 25 acres, based upon restrictions within this Ordinance.

Additional site design standards may be required by the Berkeley County Planning Commission at the recommendation of the Planning Commission staff or the County Engineer pursuant to the purposes of this ordinance (Section 1201.2 Purpose).

Section 1204.3 Operating Requirements

All salvage yards located within the unincorporated portions of Berkeley County and subject to this ordinance shall comply with the following requirements:

a.

The storage of salvage material outside the perimeter fence or within the setbacks required by the State of West Virginia, and this ordinance whether temporary or permanent shall be prohibited.

 

b.

All fencing and screening shall be maintained in a manner acceptable to the Land Development Coordinator, and all plant material used for screening shall be maintained in a live and healthy condition.

 

c.

All salvage materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. Where necessary, this shall be accomplished by enclosure in containers, raising material above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.

 

d.

All storm water shall be controlled on site so as to prevent standing water and to minimize any adverse effect on adjoining property.

 

e.

No salvage material shall be allowed to rest upon or protrude over any public street or become scattered or blown off the premises.

 

f.

Salvage shall be stored so as to permit easy access to all salvage for fire fighting purposes, including a 20 foot buffer area around the perimeter of the salvage yard. Access lanes at least 20 feet in width shall be provided between every second row of vehicles.

 

g.

No salvage or other material shall be burned on the premises unless in a structure or facility approved by the local fire service, and if applicable, any other agency having jurisdiction.

 

h.

The storage of electrical transformers, whether temporary or permanent, shall be prohibited.

 

i.

The storage of materials classified as hazardous waste by the state of West Virginia or the Federal Government shall be prohibited.

 

j.

Gasoline, oil, anti-freeze and all other fluids shall be removed from any scrapped engines, vehicles or machinery prior to storage on the premises. All fluids removed shall be properly disposed of off the premises, as per EPA specification.

 

k.

No combustible materials of any kind, other than those necessary for the salvage yard or products of processing salvage material shall be kept on the premises, nor shall the premises be allowed to become a fire hazard.

 

l.

No space not included in the permit approved by the Planning Commission shall be used for the storage of salvage material.

 

m.

The Land User Coordinator or any other representative of the County Planning Commission shall have the right to inspect the premises of any salvage yard, either announced or unannounced, during regular business hours of the salvage yard, for the purposes of enforcing this ordinance.

 

n.

Salvage shall not be stacked to exceed the fence height.

 

o.

It shall be the responsibility of the salvage yard owner/operator to educate and provide each employee with a copy of the current Salvage Yard Regulations.

 

Section 1205. ADMINISTRATION, ENFORCEMENT, VIOLATIONS

Section 1205.1 Administration

This Ordinance shall be administered by an employee of Berkeley County Commission to be known as the Land Use Coordinator. It shall also be the duty of the Land Use Coordinator to function as enforcement officer as it becomes necessary to initiate administrative or judicial remedies against Salvage Yard Ordinance violators. The Land Use Coordinator shall be under the supervision of the Planning Director and, where a Land Use Coordinator has not been appointed by the Planning Commission, the Planning Director shall be designed as Land Use Coordinator.

Section 1205.2 Enforcement

Enforcement of this Ordinance shall be the responsibility of the Land Use Coordinator, who shall make an initial interpretation that a violation has occurred. The Land Use Coordinator shall prepare a written Violation Notice and Directive to Cease and Desist and shall transmit such notice and directive by certified mail, return receipt requested, to the person responsible for the violation. Failure to comply with a Directive to Cease and Desist shall be cause for the Planning Commission to declare the violation a common nuisance. Upon such declaration, the Planning Commission shall instruct the Land Use Coordinator to request the assistance of the County Prosecuting Attorney and/or other legal council and

a. Seek an injunction in the Circuit Court of Berkeley County to restrain the responsible person from continuing the violation cited or seek an injunction requiring removal of structures or land uses from the property involved

Or

b. Proceed by criminal warrant or information against the person in violation; or both “a” and “b".

Section 1205.3 Violations

It shall be unlawful for any person, whether as owner, lessee, principle, agent, employee or otherwise, to violate or permit to be violated any provision of this ordinance.

Section 1205.4 Penalty

Any person violating any provision of this Ordinance, whether as principle, agent or employee, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars in accordance with Chapter 17, Article 23, Section 9 of the code of West Virginia. Each month, or portion of a month in which a violation of this Ordinance is committed, continued or permitted, shall constitute a separate offense.

Section 1206 VARIANCE, APPEAL, AMENDMENT, CONFLICT WITH OTHER LAWS, VALIDITY

Section 1206.1 Variance

Any request for a variance from the provisions of this Ordinance shall be made in written form and shall be submitted to the Planning Commission by the applicant. A variance request shall clearly specify the nature of the variance being requested and the reasons for the request.

A variance request may be granted by the Planning Commission only when it is determined that:

a.

The request is not contrary to the public interest.

 

b.

A literal enforcement of this Ordinance will result in unnecessary hardship.

 

c.

The request is not the result of a self-imposed hardship.

 

d.

The spirit of this ordinance will be observed and substantial justice done.

 

e.

Shall not impose or harm neighboring properties or residences.

 

Section 1206.2 Appeal

An appeal regarding the administrative procedure exercised under the provisions of this Ordinance shall be filed with the Berkeley County Commission.

All appeals shall specify the grounds thereof and shall be filed with the appropriate governmental body within thirty (30) days after the date of the order, decision or procedure complained of.

Section 1206.3 Amendment

By legislative procedure, the Berkeley County Commission may, from time to time, amend, supplement or change the provisions of this Ordinance, with approval by the Berkeley County Commission.

Section1206.4 Conflict With Other Laws

Where the provisions of this Ordinance impose greater restrictions than those of any other ordinance or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation propose greater restrictions than this Ordinance, the provisions of such statute, ordinance or regulation shall be controlling. This Ordinance shall not be construed in any manner that is not consistent with the purposes and provisions of state law governing the licensing and maintenance of salvage yards.

Section 1206.5 Validity

If any article, section, subsection, paragraph, clause or provision of this Ordinance shall be declared by court of competent jurisdiction to be invalid, such decisions shall not affect the validity of this Ordinance as a whole or any other part thereof.

ATTACHMENT “A”

METHOD OF MEASUREMENT

TO DETERMINE AMOUNT OF SALVAGE

FORMULA

A x B x C x ½ = Quantity cu. yd.’s

Whereas:

A = max. Width in yards

B = max. Length in yards

C = max. Height (or depth) in yards

Separate collections of salvage located on the same site shall be measured separately and the sum total of all collections will be the amount used to determine the quantity of salvage at any given site.