§ 2253 - Location requirements
§ 2253. Location requirements
(a) At the time and place set for hearing, the legislative body shall hear the applicant, the owners of land abutting the facility, and all other persons wishing to be heard on the application for certificate of approval for the location of the salvage yard. The legislative body shall consider the following in determining whether to grant or deny the certificate:
(1) proof of legal ownership or the right to such use of the property by the applicant;
(2) the nature and development of surrounding property, such as the proximity of highways and state and town roads and the feasibility of screening the proposed salvage yard from such highways and state and town roads; the proximity of places of worship; schools; hospitals; existing, planned, or zoned residential areas; public buildings; or other places of public gathering; and
(3) whether or not the proposed location can be reasonably protected from affecting the public health, safety, environment, or from a nuisance condition.
(b)(1) A person shall not establish, operate, or maintain a salvage yard which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway systems and visible from the main traveled way thereof at any season of the year.
(2) On or after July 1, 2009, no person shall establish or initiate operation of a new salvage yard within 100 feet of the nearest edge of the right-of-way of a state or town road or within 100 feet of a navigable water, as that term is defined in section 1422 of Title 10.
(c) Notwithstanding subsection (b) of this section, salvage yards and scrap metal processing facilities may be operated within 1,000 feet of the nearest edge of the right-of-way of the interstate and primary highway system or within 100 feet of the nearest edge of the right-of-way of a state or town road, provided that the area in which the salvage yard is located is zoned industrial under authority of state law, or if not zoned industrial under authority of state law, is used for industrial activities as determined by the board with the approval of the United States Secretary of Transportation. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 4; 2009, No. 56, § 11.)