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non conforming junkyard

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N

nojunk

Guest
What is the name of your state?pa
we moved into our house 11 years ago in the spring. along the back property line we could see some very old rusting cars on about 1/4 acre of our neighbor's land. the realtor said there were about 30 cars there and that our neighbor told her he wouldn't put any more cars in. (yes OK so we were stupid about zoning and gullible and everything, but still have the right to defend our property value against this nuisance) no one else can see the junkyard from their property or from the road. it is approximately 30 feet from our property line, is not fenced or screened, is completely unregulated. for a few years afterward, there was little to no activity on his property. then we started to notice an increase in the junked vehicles. in 1999 our municipality adopted zoning. our area is zoned residential. to my surprise, it reference a junkyard ordinance from 1974, 3 years before my neighbor purchased his property. right after the zoning went through, my neighbor opened a body shop. when I brought this and the junkyard to the township's attention in 2001, they told me to wait until they drafted a new junkyard ordinance with more "teeth" in 2002. after this he received notice of violation. he applied for and was granted a non-conforming certificate for his entire 40+ acres as a salvage yard/garage, though he had never applied for or been give a license under the old ordinance. they issued it to him without any proof on his part that he had ever been a legally operating junkyard.

fast forward to now. during the 3 years it has taken to get to now, he has been putting what he wants back there. the township has said he is allowed to, because he is grandfathered. we just had a hearing on issuing him a license. he showed up without a plot plan, and without any of the items that were supposed to accompany the application. the issue was not decided. In an unbelievable flip-flop of the usual, my neighbors signed a petition saying they have no problem with him doing business as a garage and keeping antique cars behind it. none of the adjoining property owners showed up to make sure that this hidden junkyard (which none has seen and which is actually behind my house, not his) does not contaminate their water or spread beyond its perimeter to their property lines. they have always been good neighbors, and I hope their faith in him is well-placed.

during the meeting, the supervisors hinted at "wiggle-room" in the ordinance and made other remarks indicating they would "work with him", while promising us it would be "done right." the ordinance is very clear about requirements both before application and after the approval. the zoning officer indicated he wouldn't be asked to erect a fence along the upper part of his plot because it was "unreasonable" although the ordinance clearly states the yard has to be fully enclosed. the landowner insisted he didn't have to test any water in, under or around his junkyard although it is in the ordinance.

i have read cases from pa higher courts that indicate there is a big difference between throwing your leftovers in the woods where no one can see them and being a legal junkyard. what are the chances I could fight the township's decision to grandfather his land use and win? what would I need to prove? what can I do if they decide to issue him a permit without satisfying the minimum pre-approval requirements of setback, fencing, water testing and plot plan? if they do this, he is the type of person who will never then comply.
 



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