It.c~m No. 2,X2,
Consider draft of an order that would allow the county to
regu.Late salvage yard, demolition 1)L151.nP5S, flea markets, junk
yards, outdoor rE:sale. b~.i:>iness, and recycling businessE~s.
David I~i.tke present the Court with some dorument.s that were
drafts and would like for the' Court to give somEr guidanrc~ ~lnd
opinion c>f what they would .1_ike to have is sue:h a document.
KERR COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
4000 San Antonio Hwy.
°~„~ °t.~°` Kerrville, Texas 78028
(210) 896.5101
v~titO
TO: CO~~IISSIO~TERS COURT
FROG 1: D AVID LITRE ~ ~'~ •S~- / ,3 -~
SLBJECT: Regulating certain outdoor business.
Attached is a draft of an order that RTould allow the county to reb~ulate salt-age yards, demolition
business, flea markets, junk yards, outdoor resale business, and recycling businesses.
The intent of the order is to improve the aesthetics of these businesses.
The community is interested in this regulation.
Please review the draft and provide comments to me. The draft has some paragraphs that mar not
he applicable to Kerr County-.
If the Court is interested in pursuing this order please let me know what you want done ne~-t.
~, Aecycletl Paper
SECTION 8.Oi (a) Subti*'~ 8, Title 7,•Locai C~vernmen~,Code is amended
to codify Section 1, Chapter 881, Acts of the ,d Legislature,
Regular Session, 1991 by adding Chapter 238 to read as follows:
CHAPTER 238 - COUNTY REGULATION OF CERTAIN OUTDOOR BUSINESSES
SECTION 238.001 - DEFINITIONS. In this chapter:
(1) "Automotive wrecking and salvage yard" means a business that
stores three or more wrecked vehicles outdoors for the purpose of
dismantling or otherwise wrecking the vehicles to remove parts for
sale or for use in an automotive repair or rebuilding business.
(2) "Demolition business" means a business that demolishes
structures, including houses and other buildings, in order to salvage
building materials and that stores those materials before disposing of
them..
(3) "Flea market" means an outdoor market for selling secondhand
articles or antiques.
(4) "Junkyard" means a business that stores, buys, or sells
materials that have been discarded or sold at a nominal price by a
previous owner and that keeps all or part of the materials outdoors
until disposing of them.
(5) "Outdoor resale business" means a business that sells used
merchandise, other than automobiles, logging equipment, or other
agricultural aquiparent, and stores or displays the merchandise
outdoors.
(6) "Recycling business" means a business that is primarily
engaged in: '
(A) converting ferrous or nonferrous metals or other
materials into raw material products having prepared grades and
having an existing or potential economic value;
(B) using raw material products of that kind in the
production of new products; or
(C) obtaining or storing ferrous or nonferrous metals or
other materials for a purpose described by paragraph lA) or te).
SECTION 238.002 - AUTHORITY TO REGULATE; ADOPTION OF RULE. (a) The
commissioners court of a county ~by order may establish visual
aesthetic standards for automotive wrecking and salvage yares,
junkyards, recycling businesses, flea markets, demolition businesses,
r and outdoor resale businesses in the unincorporated area of the
county.
(b) The commissioners court may not include in an order adopted
under this section a screening requirement for an automotive wrecking
and salvage yard or a junkyard that is less restriciiive than the
screening requirement under Chapter 953, Acts of the 70th Legislature,
Regular Session, 1987 (Article 2372dd-i, Vernon's Texas Civil
Statutes).
(c) An order adopted under this section must provide a reasonable.
period of time not to exceed 12 months for a business operating vn the
effective date of the order to comply with the visual aesthetic
standards.
SECTION 238.003 ~ EXCEPTIONS. (a) A commissioners court may not
regulate under this chapter farm machinery owned or operated by the
person on •whose property the machinery is located and•kept on that
_property for purposes other than sale.
(b) A business subject to a screening requirement under Chapter 3So,
Acts of the 68th Legislature, Regular Session, 1983 (Article 2372dd,
~Verr~on's Texas Civil Statutes), Chapter 953, Acts of the 70th
Legislature, Regular Session, 1987 (Article 2372dd-1, V.T.C.S.), or
Section 4.08,'"Chapter 741, Acts of the 67th Legislature, Regular
Session, 1981 (Article 4477-9a, V.T.C.S.), that was in compliance with
that screening requirement an August 26, 1991, is exempt from a
screening requirement adopted under this chapter.
SECTION 238.004 - CIVIL PENALTY. (a) The appropriate attorney
representing the county in~civil cases may file a civil action to
recover a civic penalty from a business that violates a visual
aesthetic standard established under this chapter. The penalty may not
exceed X50 each day for the first 10 days of the violation, s10o each
day for the next 10 days, 6250 each day for the next 10 days, and
51,000 for each day thereafter. In determining the amount of the
penaity,~the court shall consider the seriousness of the vioiat~on.
(b) A penalty recovered under this section shall be deposited in the
general fund of the county.
1
ARTICLE 2372dd-2,. REVISED STATUTES, IS.REPEALED.
~l
DpG1~4
~~tiTDOOR BUSINESS ORDER
wHERE~,S, Chapter 238 has been added to the ~.ocal Government
Code allowing the regulation of certain outdoor businesses', and
trHER.E~S, the Commissioners Court of Kerr Counts, Teas feels
that it is in the best interest. of the citizens of Herr County to
adopt an order in accordance with said Chapter 238;
IT IS THEREFORE ORDERED that the Kerr County Outdoor
Business Code is enacted and adopted as follows:
Section 1. Definition
~.s used in this order:
1) "automotive wrecking and salvage yard" means a
business that stores three or more wrecked vehicles outdoors for
tl`ie purpose of dismantling or otherwise wrecking the vehicles to
remove parts for sale or for use in an automotive repair or
reLuilding business.
2) "Demolition business" means a business that
demolishes structures, including houses and other btrildiri,~s, in
order to salvage building materials and t.liat stores those
materials before disposing of them.
3) "ilea market" means an 'outdoor market for sellixi7
secondhand articles or antiques.
~) "Jtuilcyard" means a business that stores, btr~-s, or
sells materials that have been discarded or sold at a nominal
price b•`- a previous owner and that keeps all or part of the
materials outdoors until disposing of them.
~) ''Outdoor resale business" means a business that
sells use~t merchandise, other than automobiles, logging
equipment, or other agricultural equipment, and stores or
~7ispiays the merchandise outdoors.
6) ''Recycling business" means a business that is
primarily engaged in:
ta) converting ferrous or non ferrous metals or
other materials into raw material products having
prepared grades and having an eListing or potential
economic value;
(b) using raw material products of that kind in
the production of new products; or
tc) obtaining or storing ferrous or nonferrous
metals or other materials for a purpose described by
parasraph ta) or tb).
7) "Person" means an individual, corporation, or
association.
<3r "Solid" as used in reference to a fence, wall,
door, or sate, means constructed and maintained so that the outer
sux•face is continuous and without interstices, gaps, spaces, or
holes. For the purpose of thgS order, a properly constructed and
maintained chain link fence with strips or slates is a solid
fence.
9) "Public road" means the entire width between
L~roi~ert~- lines of a road, street, way, thoroughfare, bridge,
public (-each, or park in this state, not privately owned or
cuntroiied, if any part of the road, street, way, thorouslifare,
~G3Glff~
bride, public beach, or perk is opened to tl~ie publlc for
vehicular traffic, is used as a public recreational area, or is
under the state's legislative jurisdiction through its poli~~e
power. .
lU) "Wrecked vehicle' means a discarded, abandoned,
juniied, wrecked, or worn-out automotit-e vehicle, including an
automobile, truck, tractor-trailer, or bus, that is not in a
condition to be lawfully- operated oil a public road.
Section 2. Visual 'esthetic Standards
The following standards are established for visual aesthetics:
Section 2.1 Screening Requirement:
ia) a person wrio operates ari outdoor business
shall screen it by natural objects, plantings, fencers,
or other appropriate means so that ther screen is at
least eight feet in height alongside that portion ~f
the outdoor business that faces a public road or faniil~-
family residence so that it is not visible.
(b) any side of the business that eitends
~enerall~- parallel to and wltiiln lUU feet of any
public road right-of-way shall be bounded by a
solid fence or wall at least ei7lit feet in height.
Section %.1.1 Construction, :Maintenance of fence or wall
(a) ~ fence or wall required by this order
snail be constructed and maintained as follows:
1. .111 fen~.:es shall be constructed oz wood,
masonry, corrugated sheet metal, chain iirii;, or ariti-
combir:ation, but any one side of an outdoor 'r~usiness
may Le bounded by a fence or wail CoIlStrtlCted of onl~-
one of those materials.
2. Chain link fences shall be coristructeru
of gal~-anized chain link frn~ing with wood or metal
slats or strips run through ~i11 links of the chain iinlt
fence.
3. X11 fences or walls shall e~terid down
ward to within three inches of the ground and shall
test plumb and square at ail time. The fence must
be painted a. natural earthtone color and may not have
anti- signs appear on its surface other than signage
indicating the business name.
(b) any part of a fence or wall required b~ this
order ma~* consist in whole or in part of a solid wall
and door, or walls and doors of atiS' completer- enclosed
building on the premises, if that wall or door meets
all construction requirements set forth in this orde2~.
(c) Openings in par.b or• fence or wall or
screening that are necessart- to permit reasonable
access to an outdoor business sr:all be egt:ipped wi:.h a
solid gate or gates, constrl.ict.ed and maintained in
accordance with ti:e requireme~~ts for a fance or wall
set. f•ortli ire this order. Tiic ;rues Shall be Mused ar~d
securzr- locked at. all times e~~cept. during normal
dati t ime business lioc:rs .
~7pGlffp
Sect iorr _^ . 2 LOL'at1Ur1
(ai -gin outdoor business established after the
effective date of this order. 11ay not be established
within 3U0 feet of an existing church, school, or
residence, measured from the wall of the structure that
is closest to the outdoor business to the fence or wall
of the yard required under Section 2.1 unless both the
residence and the outdoor business are owned by the
same person.
(b) Outdoor business screening other that. a junky-ard
or automotive wrecking and salvage yard used
exclusively for farm equipment, may not be located
within ~U feet of the right-of-way of a public or
state highway or a residence.
Section ^.3 Materials and use of premise
(a) Materials associated with ari outdoor business may
not be allowed to accumulate or be stacked to a height
above eight feet from ground level.
(b) .~11 materials from or associated with an outdoor
business shall not be display-ed, stored or worked upon
outside or above the screening requirements of "this
order.
Section 3. Exceptions
(a} heir County may not regulate under this order farm
machinery owned or operated by the person on whose
property the machinery is located and kept on that
property for purposes other than sale.
(b} ~n outdoor business subject to a screening re-
quirement article 23 i 2dd, t~~ernon's Tes,as Cis°il Statues
(County population 2 million or more,) article %3~~dd-
l, ~`.T.C.S. (County population less than 2 million,)
article -1-1i ~-a,V".T.C.S. a t junkyard or automobile
graveyard near an interstate or primary system
highway}, that was in compliance wit}i that screening
requirement on august 26, 1991, is exempt from a
screening requirement adopted under t)iis order.
Section ~. Civil penalty
(a) Tlie county attorney or any appropriate attorney
representing the county in cis-il cases may file a
civil action to recover a civil penalty from a out-
door business that violates a visual aest!:etic standard
established under this order. Tile penalty may not
e_~ceed ~~0 each day for t.?ie first IO day of violation,
~1UU each day for ti-,e next lU days, ~~~0 each day for
the next. 10 days, and ~I,000 for each day thereafter.
In determining the amount of the penal ti-, the court
shall consider the seriousness of tiie violation.
(b} ~ penalty- recovered under this section shah
be deposited in the general fund or the county.
:Jr.Ci.iUil ~ autiior~.ty to regulate
J~GIff~ C
(a) This order applies to outdoor businesses both
elistin~ and future in the unincorporated area of
Kerr County, Te~.as .
(b) ~ time period of ~ ;k months from the
adoption of this order is provided to an outdoor
business operating on the effective date of this
order to comply with the ~-isual aesthetic standards.
(c) The effective date and adoption date are the
same.
1..~) !h ~ i s/~Si py-.fl'~A ~p v r ~ l'f t ~ 1 `~
c~~ /.2 y,,~„~s .

~pGl~4
ABOLISH
EIISTING JtitiIi-I".~RD ORDER
PROS
1? avoid overlap of regulations.
2} Remove permitting and licensing paper worl~.
3} allow outdoor business order to establish aesthetic and
screening requirements which mad- be better.
-~) Enforcement handled through Justice of the Peace quicker
than civil action.
COtiS
1}	Lost revenue from	permit fee.	
2)	Less control over	the location.	
3)	do public hearing	to inform the public	of the proposed
	junk-~-ard and its	location.	
-~)	Enforcement requi	res longer legal time	for civil action
	through attorneys	for outdoor business	order.
~i	~o provision for_	compliarice of etisting	junk-~-a rd.
KERR COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
4000 San Antonio Hwy.
°~•,, °c ~-~` Herrville, Texas 78028
(210) 896-5101
v1EV10
TO: C0:1-1i~~ffSSIOi~'ERS COURT
FR0:41: DA~TD LTTItiE ~`-.~'~ S~- /3 -S~
SLBJECT: Regulating certain outdoor business.
Attached is a draft of an order that would allow the countt• to r a~ulate sah~age }-ards, demolition
business. flea markets, junk yards, outdoor resale business. and recycling businesses.
The intent of the order is to improve the aesthetics of these businesses.
The community is interested in this regulation.
Please review the draft and pratiide comments to me. The draft has some paragraphs that may not
be applicable to IteYr Counn~.
If the Court is interested in pursuing this order please let me knoll what you want done next.
~ Recycled Paper
.._, l
DV~GIt~~f
~~liTDOOR BUSINESS ORDER
trHERE~S, Chapter 238 has been added to the j.ocal Government
Code allowing the regulation of certain outdoor businesses', and
~rHERE~S, the Commissioners Court of fiery County, Tes:as feels
that it is in the best interest of the citizens of Herr Countti to
adopt an order in accordance with said Chapter 238;
IT' IS THEREFORE ORDERED that the Herr County Outdoor
Business Code is enacted and adopted as follows:
Section 1. Definition
~,s used in this order:
1) "~tttomotive wrecking and salvage yard" means a
business that stores three or more wrecked vehicles outdoors for
the purpose of dismantling or otherwise wrecking the vehicles to
remove parts for sale or for use in an automotive repair or
reLuilding business.
2) "Demolition business" means a business that
demolishes structures, including houses and other buildings, in
order to salvage building materials acid that stores those
materials before disposing of them.
3) "Flea market" means an 'outdoor market for selli~i~
secondhand ax•ticles or antiques.
-~) "Jtttil.yard" means a business that stores, btt~-s, or
sells materials that have been discarded or sold at a nominal
urice b`_ a previous owner and that keeps all or part of the
materials outdoors until disposing of them.
~) "Outdoor resale business" means a business tlidt
sells used merchandise, other than automobiles, logging
equipment, or other agricultural equipment, and stores or
~7ispays the merchandise outdoors.
6) "Recycling business" means a business that is
pritnaril~ engaged in:
(a 1 corivertitig ferrous or non ferrous metals ox•
other materials into raw material products having
prepared grades and having an etiisting or potential
economic value;
(b) using raw material products of that kind iii
t}le production of new products; or
(c} obtaining or storiti~ ferrous ox• nonferrous
metals or other materials for a purpose described b~
paragraph (a } or (b) .
i) "Person" means an individual, corporation, or
association.
~) "Solid" as used in reference to a fence, wall,
door, or gate, means constructed and maintained so that. the outer
surface is continuous and without interstices, gaps, spaces, ~r
holes. For the purpose of th6fS order, a properly constructed and
mr,,intained chain link fence with strips or slates is a solid
fence.
9) "Public road" means tlxe entire width between
prot~ert~ lines of a road, street, way, thoroughfare, bridge,
put~lic beach, or park in this state, not pri~-atelL- owtied or
controlled, if any part of the road, street, way, thoroughfare,
GG3pffU
bride, public beach, or park is opened to the public for
vehicular traffic, is used as a puL-lic recreational area, or is
under the st,ate's legislative jurisdiction tlirou7h its puli~.:e
power. ,
lU; "Wrecked vehicle' means a discarded, abandoned,
junred, wrecked, or worn-out automotive vehicle, includir-g an
automobile, truck, tractor-trailer, or bl.rs, that is riot in a
condition to be lawfulr- operated on a public road.
Section 2. Visual ~estlietic Stanuards
The following standards are established for visual aesthetics:
Section 2.1 Screening Requirement:
ial ~ person wYia operates an outdoor business
shall screen it by natural objects, plantings, fences,
or other appropriate means so that the screen is at
least eight feet in height aiongsi~le that portion of
the outdoor business that faces d public road or faniilt-
family residence so that it is not visible.
(bl any side of the business that extends
generally- parallel to arid within lU0 feet of ar~y
public road right-of-way shall be bounded by- a
solid fence or wall at least eight feel in height.
Section %.1.1 Construction, ~iairitenarice of fence or wall
fa) ~ fence or wall required by this order
shall be constructed and maintrziried as follot~s:
1. ?,11 fen~~es sl-iall be constructed of t•oocl,
masonry , corrugated sheet metal , chain i irik, or ariy
combination, but ariy one side of an outdoor 'ousiness
may be bounded 'oy a fence or wall corist-ructed of oril~-
Orle of those materials.
2. Chain liril: fences siiali 'oe coristructeu
of 7alvanized chain link fencing with wood or metal
slats or strips run through ~~11 links of the chain link
fence.
3. X11 fences or walls shall e.~terid down
ward to within three inches of the ground and shall
test plwnb and square at all time. Ther'ence must
be painted a natural earthtone color and may not have
any- signs appear on its surface other than signa7e
indicating the business name.
ib) ~lny part of a fence or wall required by this
order may consist in whole or in part of a solid c.-a11
a,nd door, or walls and doors of aril- completer- ericiosed
building on the premises, if that wall or door meets
all construction requirements set north iri this orde~~.
(c) Openings in par.b oi• fence or wall or
screening that are necessary to permit reasoriabi
access to an outdoor business shall be e~uippe~-i witl-~ a
solid gate or sates, coristrtrct.ed anu maintained iii
accordance with tt,e requirements foi~ a fzrice oi~ t~'al
set. forth ir, this orilex~. Tl,r gates shall ue ~los~d ar~d
securer- locked at. ail tinges e~~cept. during normal
day-time business lio~rrs.
~Wa~V c
Sec•t~or, ?.2 LOLatloll
(ai ar, our,door business established after the
effective date of this order. fay not be established
within 300 feet of an etisting church, school, or
residence, measured from the wall of the structure that
is closest to the outdoor business to the fence or wall
of the yard required under Section 2.1 unless both the
residence and the outdoor business are owned bti- tfre
same person.
(b) Outdoor business screening other that. a jurikti-ard
or automotive wrecking and salvage yard used
elclusively for farm equipment, may not be located
within 50 feet of the right-of-way of a public or
state highway or a residence.
Section ^.3 !faterials and use of premise
(a) iaterials associated with ari outdoor business matt
not be allowed to accumulate or be stacked to a heigh~
above eight feet from ground level.
(b) All materials from or associated with an outdoor
business shall not be displayed, stored or worked upon
outside or above the screening requirements of this
order.
Section 3. Ehceptions
(a) fiery County may not regulate under this order farm
machinery owned or operated by the person on whose
property the machinery is located and kept on that
property for purposes other than sale.
(b) are outdoor business strbject to a screening re-
quirement Article 23i2dd, ~-ernon's Tes~as Civil Statues
(Cotrnty population 2 million or more,) article 23~~dd-
l, V.T.G. S. (County population less than 2 million,)
:article -)•-~i~-a, V. T. C.S. a (junkyard or automobile
graveyard near an interstate or primary system
highway), that was in compliance with that screening
requirement on August 26, 1991, is e::empt from a
screening requirement adopted under this order.
Section ~. Civil penalty
l a) ?lie COlrrlt ~- attorney or ariy appropririte attorney
representing the county in civil cases may file a
civil action to recover a civil penalty from a out-
door business that violates a visual aesthetic standard
established under this order. Tfie penalty matt not
e.~ceed DSO each day for file first 10 clay of violation,
S1U0 each day for t?ie newt 10 bays, ~2~0 each day for
the newt. 10 days, and al , 000 for each dad- thereafter.
In detPx•miriing fire amount of the penalty, the court
shall consider the seriousness of the violation.
(b t a penalty recovered uri~ier this section sfraii
be deposited in the general fund of the county.
arCtiUt, ~, authority to regulate
~aGlffp
(a) This order applies to outdoor businesses both
existing and future in the unincorporated area of
Herr County, Te~:as.
(b) ~ time period of ~ ~ months from the
adoption of this order is prodded to an outdoor
business operating on the effective date of this
order to comply with the visual aesthetic standards.
(c) The effective date and adoption date are the
same.
Cci ~., n, r s si pyt.r2 T
~ ~~ /.2
~ `, ~' ~ e t
y,.,a-,~,~s .
~~
C~pGlff~
yBOLISH
EIISTING Jt;~h-1r1RD ORDER
PROS
1 ) ~ti-o id oti•erlap of re;ulations.
2) Remove permitting and licensing paper worlc.
3) :allow outdoor business order to establish aesthetic and
_ screening requirements wlZich mad be better.
-~) Enforcement handled through Justice of the Peace quicl~er
than civil action.
C O~ S
1) Lost revenue from permit fee.
~) Less control over the location.
3) ~o public hearing to inform the public
junk-hard and its location.
-1) Enforcement requires longer legal time
through attornetis for outdoor business
~) ~o provision for compliance of etistin
of the proposed
for cit-il action
order.
g j ur,k- ~ and .