The purpose of this Article is to address the unique issues that are associated with Salvage/Wrecking Yards or Scrap Operations land use activities, in order that these activities operate in a manner that is compatible with surrounding land uses and protective of the environment.

(Ord. No. 23-17, 6-25-2024)

The regulations set forth herein shall apply to any property located within the jurisdiction of this Ordinance that is now or is proposed to be developed as a salvage/wrecking yard or scrap operations.

(Ord. No. 23-17, 6-25-2024)

Salvage/Wrecking Yards activities include the dismantling or wrecking of used automobiles, vehicles, crafts and trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles/crafts or their parts. The presence on any lot or parcel of land of two or more motor vehicles/crafts or bulk of two or more vehicles/crafts, which, for a period exceeding 90 days, have not been capable of operating under their own power, are not properly registered/licensed, and/or from which parts have been or are to be removed for reuse or sale, shall constitute prima-facie evidence of a salvage/wrecking yard. This activity shall include facilities storing wrecked vehicles/crafts and/or vehicles/crafts that have been deemed a total loss for a period exceeding 90 days.

Salvage/Wrecking Yards (Limited) include activities that are 2 acres or less in area.

Salvage/Wrecking Yards (Extensive) include activities that are greater than 2 acres in area.

Scrap Operations include the storage, processing, and/or sale of used or waste material or other items except when such activities are incidental to a manufacturing operation. (See also "Salvage Yard.") This activity does not include the recycling of recovered materials, such as construction, demolition, and/or land-clearing or yard debris for recycling. Such recycling operations shall be regulated as landfills in accordance with the provisions of Article 9. This activity must also comply with applicable provisions of the Lexington County Solid Waste Ordinance and may be subject to SCDHEC regulations.

Scrap Operations (Limited) include activities that are 2 acres or less in area.

Scrap Operations (Extensive) include activities that are greater than 2 acres in area.

(Ord. No. 23-17, 6-25-2024)

Upon the effective date of these regulations, salvage/wrecking yards or scrap operations can be developed or expanded only in accordance with the applicable restrictions contained herein. Legal nonconforming Salvage/Wrecking Yards or Scrap Operations are subject to provisions found in Article 16.

(Ord. No. 23-17, 6-25-2024)

111.41 111.41 A request for a permit for a salvage/wrecking yard or scrap operations will require special exception approval from the Board of Zoning Appeals. The basis of such approval is a demonstration by the applicant that the owner/operator can operate the activity in a responsive and responsible manner that is protective of the environment and lives therein and is compatible to the surrounding land uses. It is the responsibility of the applicant to make evident to the Board that the following criteria can be met:

 a. The applicant must demonstrate the day-to-day operations of the salvage/wrecking yard or scrap operation and the ability to manage the various tasks associated with the land use;

 b. As demonstration that the salvage/wrecking yard or scrap operation will be harmonious with the surrounding properties and the appropriate buffering restrictions, general requirements, performance standards, and landscape and/or vegetation requirements, will be provided, if applicable;

 c. As evidence that the applicant has obtained all other local, state, and/or federal permits to operate such activity, if applicable; and

 d. For the protection of the surrounding environment, a response plan to address environmental or public safety related incidents.

111.42 For the Board to rule on a salvage/wrecking yard or scrap operation special exception based on these criteria, the following information must be submitted for consideration with the application:

 a. Demonstrate the ability to manage and operate the salvage/wrecking yard or scrap operation in accordance with the regulated performances standards, truck traffic to include stacking along the road and/or entrance driveways, fugitive dust, and on-going compliance with various related permits and regulations;

 b. A detailed site plan illustrating the buffering restrictions, landscape or vegetation plan, traffic flow to and within the facility, noise containment plan, and proposed method of screening;

 c. A detailed plan on how materials brought to the site are monitored/inspected prior to acceptance into the facility. This should include how vehicles are inspected/verified for proper documentation and titles and the removal of tanks that may explode during processing and/or circulation within the facility;

 d. Methods and/or protocols for addressing non-compliance related issues with the salvage/wrecking yard or scrap operation or nuisance complaints (i.e., explosions, rodents, snakes, or standing water) associated with the operation;

 e. Emergency plans and protocols in the event of a fire or environmental-related issue, such as ground or surface water contamination; and

 f. In the event the activity should cease, a plan to remove the salvaged and/or scrap materials from the site and methods to ensure there is not soil or water contamination on-site.

(Ord. No. 23-17, 6-25-2024)

It shall be the sole responsibility of the owner to establish and operate a Salvage/Wrecking Yard or Scrap Operations in accordance with the regulations as set forth in this Article. The zoning permit shall be issued on the basis of compliance with all applicable state and local regulations and each individual land use of Salvage/Wrecking Yard or Scrap Operations will be reviewed for compliance separately.

(Ord. No. 23-17, 6-25-2024)

The Zoning Administrator, upon a 60 day notice, may withdraw a zoning permit issued for a salvage/wrecking yard or scrap operation, even for those deemed nonconforming, and require the activity to cease. This option is intended for facilities that have reoccurring zoning compliance issues and/or issues with environmental hazards and/or public safety concerns.

(Ord. No. 23-17, 6-25-2024)

The Salvage/Wrecking Yard and Scrap Operations regulations contained herein are in addition to any applicable local, state, or federal regulations. All or varying aspects of these activities may be governed solely by this Ordinance and other regulations of Lexington County.

(Ord. No. 23-17, 6-25-2024)

Each salvage/wrecking yard or scrap operation shall adhere to the buffering restrictions covering height regulations, buffers, setbacks, and screening as outlined in Chapter 3 of Article 2, except where more restrictive regulations exist in this Article or elsewhere in this Ordinance.

112.21 Buffer

Buffering requirements are defined in Section 23.20 and listed in Section 23.60. In the event that an encroachment appears to be within the buffer area, and/or the buffer area is likely to be encroached unintentionally, the designated buffer area may be required to be clearly delineated by a material approved by the Zoning Administrator.

112.22 Setbacks

While accessory activities such as driveways and parking can occur within the designated setback as defined in Section 23.30 and listed in Section 23.60, salvage/wrecking yards or scrap operations may not encroach on any part of the setback area.

112.23 Screening

In all Districts, the entire salvage/wrecking yard or scrap operations activity shall be totally screened from all neighboring properties in accordance with Section 23.60. This shall include, but is not limited to, buildings, structures, stockpiles, overburden storage areas, berms, etc. The type, material, height, and other specifications for the required screening must be approved prior to installation. Section 23.40 details screening requirements for land use activities.

(Ord. No. 23-17, 6-25-2024)

In addition to a salvage/wrecking yard or scrap operation being an allowed use per zoning district and street classification, these land uses shall not be permitted on property within 2000 feet of a municipal boundary, if that portion of the municipality prohibits the location of an activity that is synonymous to a salvage/wrecking yard or scrap operation, by definition.

All exterior surface areas which contain, but are not limited to, the storage of wrecked/dismantled automobiles, vehicles crafts, etc. and/or their parts, exposed metals, or the dismantling, processing, or separation of such automobiles, vehicles, crafts, scrap metals, shall be located 1,500 feet from any surface body of water (i.e., lake, pond, river, creek, stream, wetland) and all commercial-type agricultural areas that are actively and currently involved in the raising of trees, vines, field, forage, or other plant crops intended for food or fiber.

(Ord. No. 23-17, 6-25-2024)

The facility must conform to all local, state, and federal regulations, including current requirements of the International Fire Code (IFC).

The owner/operator shall be responsible for record keeping of all materials and amounts brought to the facility. These records must be readily available to the Zoning Administrator or authorized representative.

The owner/operator shall be responsible for debris and other refuse material and ensure such material does not litter roadways or adjoining properties. The open storage of salvaged or scrap material that may be transported via wind, water, or other causes is prohibited. Cloth, paper, fiber, and/or other types of porous material shall be contained within an enclosed structure, except for necessary loading and unloading of the salvage or scarp materials. All on-site debris and refuse material is considered part of the land use and must be totally screened.

The owner/operator shall manage the site in accordance with all local, state, and federal environmental regulations, including those administered through the Lexington County Land Development Division, that pertain to erosion control, water quality, and/or illicit discharge. In the event that a potential environmental-related issues is discovered or brought to the Zoning Administrator's attention, the Zoning Administrator may require the facility to cease operation until proper measures have been taken/completed and the issue(s) has been resolved. The Zoning Administrator will work with cooperation of other local, state, and/or federal agencies during this process.

(Ord. No. 23-17, 6-25-2024)

Each salvage/wrecking yard or scrap operation shall adhere to the Performance Standards as outlined in Chapter 4 of Article 2. Due to the potential for excessive noise, earthen berms and the protection of forested areas are methods that may help contain the noise on-site at a level that meets the standards contained in this Ordinance.

(Ord. No. 23-17, 6-25-2024)

An applicant for a new facility or expansion to an existing salvage/wrecking yard or scrap operation must submit a proposed site remediation plan, in the event the activity should cease. The plan must include as a minimum the following information:

a.

Proposed practice(s), policy, procedure(s), and timelines to remove and properly discard all remaining waste materials, including salvaged/wrecked automobiles, crafts, and similar motor vehicles;

b.

Plans for an environmental assessment of the property and method of mitigation and/or treatment in the event of soil, surface/ground water (including sedimentation), and/or other type of contamination;

c.

Manner and type of revegetation and/or restoration of the area to stabilize the soil and minimize erosion, protect water quality, and to minimize effects of other forms of pollution;

d.

Method of compliance with Lexington County's Stormwater Management Ordinance, Lexington County Land Development Manual, and/or SCDHEC environmental regulations, if applicable;

e.

Method of ensuring the site is secure to protect from looting, loitering, trespassing, etc. to the best extent practicable;

The site remediation plan must provide that the remediation activities will be completed within six months after the closing or termination of the activity within the area for which a permit is requested.

(Ord. No. 23-17, 6-25-2024)

Each applicant for a zoning permit for a salvage/wrecking yard or scrap operation shall file with the Zoning Administrator, upon approval of the application, and maintain in force a performance bond to ensure the satisfactory completion of the Site Remediation Plan. All bonds must be in favor of Lexington County with surety and procedures as determined by Lexington County Council. The amount of each bond must be based upon the area of affected land to be restored under the approved plan to which it pertains, less any area restoration has been completed and released from coverage by the County.

(Ord. No. 23-17, 6-25-2024)

a.

Any salvage/wrecking yard or scrap operation lawfully operating prior to the adoption of this ordinance, which currently does not comply with any Section of this Article shall be deemed a nonconforming use. Expansions to such nonconforming uses must meet the current requirements of Article 11.

b.

All nonconforming salvage/wrecking yards or scrap operations shall also comply with the requirements and provisions of Article 16, unless otherwise stated within this Article.

(Ord. No. 23-17, 6-25-2024)