Santa Barbara County Municipal Code § 19-7 Same—Restrictions on issuance

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

Auto Wrecking Yard. The placing on any lot or parcel of land of three or more non-operative motor vehicles for a period exceeding thirty days and where parts have been removed therefrom for reuse or sale shall constitute use of land for an auto wrecking yard.

Dump. An area devoted to the disposal of refuse, ashes, garbage, offal, dead animals, or other similar material, including incineration or reduction of the same.

Junk Yard. The use of more than two-hundred square feet of land for the storage of junk, including scrap materials.

Motor Vehicle. A motor vehicle is a vehicle which is self-propelled.

Non-Operative Motor Vehicle. Any "vehicle" as the same is defined by section 670 of the State Vehicle Code, and any successors and amendments thereto, which is or was originally designed to be self-propelled so as to meet the definition of "motor vehicle" in section 415 of the State Vehicle Code, but which vehicle is incapable of self-propulsion because it is disabled, is lacking essential parts for self-propulsion or is mechanically incapable of operation.

Non-Operative Motor Vehicle Storage Yard. The placing on any lot or parcel or contiguous lots or parcels of land, of three or more non-operative motor vehicles for a period exceeding thirty days.

(Ord. No. 997, § 1; Ord. No. 2405, § 1)

No person, except a municipal corporation, shall carry on, maintain, conduct or use land for a dump, junk yard, auto wrecking yard or non-operative motor vehicle storage yard, unless a permit therefor has been granted by the board of supervisors. Application for such permit shall be made to the county planning commission on forms provided by the planning department. Each application shall be accompanied by a sketch of the proposed buildings or improvements to be used in connection with the desired use.

(Ord. No. 997, § 2)

* As to licenses generally, see ch. 22 of this Code.

Upon receipt of the application in proper form, the secretary of the county planning commission shall set a public hearing before the commission. Prior to the hearing, the secretary of the commission shall give notice at least seven days prior to such hearing by publication of such notice at least seven days prior to the hearing in a newspaper of general circulation published in the county and by mailing postcards to the owners of all property shown on the latest available assessment roll within three hundred feet of the exterior boundaries of the parcels or contiguous parcels under one ownership upon which the proposed junk yard, dump, auto wrecking yard or nonoperative motor vehicle storage yard is intended to be placed.

(Ord. No. 997, § 3)

If, after holding the hearing required by the preceding section the county planning commission finds that the application can be granted or granted subject to conditions without present or future detriment or injury to the neighborhood, it shall recommend approval thereof with or without conditions and transmit the same together with its reasons for approval and any conditions to the board of supervisors. If the commission recommends disapproval of any application, it shall similarly transmit the same together with a statement of its reasons for disapproval to the board of supervisors.

(Ord. No. 997, § 4; Ord. No. 2598, § 1)

The board of supervisors shall either issue or deny a permit within thirty days after the date of hearing before the planning commission.

(Ord. No. 997, § 5)

A permit under this chapter may be granted upon condition or limitation or for a limited period of time and the board of supervisors may require a surety bond in an amount fixed by the board to insure compliance with the conditions and limitations including any limitation of time upon which such bond is granted. Every such bond shall be a penalty bond in a form satisfactory to the board and shall be payable to the county and conditioned upon compliance with all state laws, county ordinances, and the conditions and limitations upon which such permit is granted.

(Ord. No. 997, § 9)

No permit shall be issued for an area where such use would be in violation of any other provision of this Code or other ordinance of the county.

(Ord. No. 997, § 6)

It shall be unlawful to carry on, maintain, conduct or use land for a junk yard, dump, auto wrecking yard or non-operative motor vehicle storage yard, unless the following regulations are complied with:

(a) Such junk yard, dump, auto wrecking yard or nonoperative motor vehicle storage yard shall be carried on, maintained or conducted within an enclosed building or buildings or on premises enclosed by a solid fence or wall at least six feet in height.

(b) Such fence or wall shall be substantial and shall be maintained in a safe condition and shall be painted in a solid color unless the fence or wall is constructed of masonry or rust proof metals.

(c) Gates for access to the premises shall swing inwardly and such gates shall be kept closed when the premises are not open.

(d) No junk, scrap materials, refuse, ashes, garbage, offal, dead animals, non-operative motor vehicles or other similar materials or second-hand articles shall be piled or permitted to be piled in excess of the height of the enclosed fence or wall or nearer than two feet thereto.

(e) All gasoline, oil and other inflammable liquid and all gas, shall be drained and removed from any unregistered motor vehicle or other junk or second-hand article located in the building, buildings or premises.

(f) The material located in or on the premises shall be arranged so that reasonable inspection or access to all parts to the premises can be had at any time by the proper fire, health, police and building authorities.

The board of supervisors may waive or modify the regulations contained in subsections (a), (b), (c) and (d) of this section or impose any other appropriate conditions when the board finds that such waiver, modification or addition is necessary to protect the public safety, health and welfare.

(Ord. No. 997, § 7; Ord. No. 2334, § 1; Ord. No. 2598, § 2)

All junk yards, dumps, auto wrecking yards and nonoperative motor vehicles storage yards established on February 25, 1959, shall be permitted to continue in existence without the obtaining of a permit therefor; provided, however, that all such existing junk yards, dumps, auto wrecking yards and non-operative motor vehicle storage yards, comply with the regulations (a), (b), (c), (d), (e) and (f) of section 19-8 not later than August 25, 1959.

(Ord. No. 997, § 8; Ord. No. 2598, § 3)

This chapter and any permit granted pursuant thereto shall not be construed to relieve the permittee or any other parties from compliance with any applicable zoning ordinances of the county and any other applicable county ordinances of state laws.

(Ord. No. 997, § 10)