§ 10-235. Junked motor vehicle regulated; removal authorized.

(a)

It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.

(b)

It shall be unlawful to have more than one (1) junked motor vehicle as defined herein on the premises of public or private property. A single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.

(c)

It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to fail to comply with the locational requirements or the concealment requirements of this section.

(d)

Subject to the provisions of subsection (e), upon investigation the city zoning administrator may order the removal of a junked motor vehicle as defined in this division after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:

(1)

Protection of property values;

(2)

Promotion of tourism and other economic development opportunities;

(3)

Indirect protection of public health and safety;

(4)

Preservation of the character and integrity of the community; and

(5)

Promotion of the comfort, happiness and emotion stability of area residents.

(e)

Permitted concealment or enclosure of junked motor vehicle:

(1)

One (1) junked motor vehicle, in its entirety, may be located in the rear yard as defined by the Kannapolis Zoning Ordinance, provided the junked motor vehicle is entirely concealed from public view from a public street and/or abutting premises by an acceptable covering for not more than sixty (60) calendar days. Junked motor vehicles kept on the premises more than sixty (60) calendar days shall be kept inside a completely enclosed building. The city zoning administrator has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of the ordinance from which this division derives.

(2)

Any one (1) or more junked motor vehicles kept for a period exceeding sixty (60) calendar days shall be kept within a completely enclosed building as defined in the Kannapolis Zoning Ordinance.

(Ord. of 2-26-90, § 5)