2005 Vermont Code - § 2253. — Location requirements

§ 2253. Location requirements

(a) At the time and place set for hearing, the legislative body shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon the same, it shall take into account, after proof of legal ownership or the right to such use of the property by the applicant, the nature and development of surrounding property, such as the proximity of highways and the feasibility of screening the proposed junkyard from such highways, the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the proposed location can be reasonably protected from affecting the public health, safety or morals by reason of offensive or unhealthy odors or smoke, or of other causes.

(b) A person shall not establish, operate, or maintain a junkyard which is within one thousand 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.

(c) Notwithstanding any provision of this subchapter, junkyards and scrap metal processing facilities, may be operated within areas adjacent to the interstate and primary highway systems, which are within one thousand feet of the nearest edge of the right-of-way, provided they are zoned industrial under authority of state law, or if not zoned industrial under authority of state law, are 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.)