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A. Definitions.

The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Towing or Wrecker Service means a person engaged in the business or offering the services of a vehicle wrecker or towing service, whereby disabled motor vehicles are towed or otherwise removed from the place where they are disabled by use of a wrecker so designed for that purpose or by a truck, automobile, or other vehicle so adapted to that purpose, or in the business of storing disabled motor vehicles.

B. Conditional Use Permit Requirement.

No towing or wrecker shall engage in business within the County limits or offer such service within the County without first obtaining a conditional use permit from the Joint Planning Commission.

C. Application for Conditional Use Permit.

Applications for conditional use permits issued under this section shall be made upon blank forms prepared and made available by the Joint Planning Commission and shall state:

1. The applicant’s name, home address, and proposed business address.

2. The location, description, and hourly availability of the tow trucks that the applicant owns or operates.

3. That the applicant has available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled and that such space is not in violation of the zoning ordinance or other applicable ordinance of the County.

4. That the area on the premises where motor vehicles are stored is enclosed except for entrances and exits with a vertical wall or fence with a minimum height of six (6) feet measured from ground level, and the fences on the side not facing a public roadway or adjacent residential property are chain link fences.

5. That the portion of the business that faces and abuts any public roadway is screened from public view.
   
   (a) That the materials for use in screening the permitted business are at least six (6) feet in height and consist of plant material, fence, or a combination of plant material and fence.
   (b) That plant material for use in screening consists of trees and shrubs of a size and quantity to conceal, as much as possible, the motor vehicles contained on the permitted business from public view within a reasonable time.  Plant material shall be primarily of coniferous varieties that provide year-round screening.
   (c) That screening is placed within the licensed premises and is so located as to give adequate sight distance from all driveways, streets, and roads, and as not to encroach into the County right-of-way when fully grown.

6. That the motor vehicles are arranged so as to permit easy access to all motor vehicles for fire fighting or other emergency purposes.

7. That no towed motor vehicles are parked outside of any security fencing.

8. That no materials will be burned on the premises in the open except in accordance with applicable federal, state, and local laws.

9. Such other information as the Joint Planning Commission shall find reasonably necessary to effectuate the purpose of this section and to arrive at a fair determination of whether the terms of this article have been complied with.

D. Application Fee.

An application for a conditional use permit under this section shall be accompanied by an application fee of such amount as established by the Joint Planning Commission by resolution.

E. Insurance Policies.

The applicant must comply with the insurance laws and regulations of the State of Nebraska

F. Investigation by Planning & Zoning Commission.

Within ten (10) days after receipt of an application as provided for herein, the Joint Planning Commission shall cause an investigation to be made of the applicant and of his/her proposed operation.

G. Standards for Issuance.

The Joint Planning Commission shall issue a conditional use permit under this section when they find that:

1.  The public convenience and necessity require the proposed towing or wrecker service for which application has been submitted.

2.  Insurance policies as required by this section have been produced.

3.  The applicant and all employees are fit and proper persons (as defined by the Federal Motor Carrier Regulations Handbook) to conduct or work in the proposed business.

4.  The requirements of this section and all other governing laws and ordinances have been met.

H. Conditional Use Permit Fee.

An annual conditional use permit shall be issued to a successful applicant under this section after payment to the Joint Planning Commission of a conditional use permit fee of such amount as established by the Joint Planning Commission by resolution.

I. Duties of Conditional Use Permit Holders.

A towing or wrecker service conditional use permit shall be issued subject to the following conditions:

1.  Exhibition of permit number.  The Joint Planning Commission shall issue to a towing or wrecker service conditional use permit holder a permit number, which the towing or wrecker service shall at all times prominently display on each wrecker or other vehicle used for towing purposes.

2.  Maintenance of equipment.  Towing or wrecker services shall keep and maintain towing equipment adequate to perform such towing or wrecker service in a reasonably workmanlike manner.

3.  Compliance with rate schedule.  Towing or wrecker services shall charge for their services such rates as may be fixed by ordinance.

4.  Rotation of County towing.  Towing or wrecker services shall perform towing or wrecking service for the County on a rotating basis.

5.  Interception of police calls.  No towing or wrecker service shall intercept police calls by shortwave radio.

J. Charges for Towing, Wrecking, and Storage Services.

Each conditional use permit holder under this article may make the charges for towing, wrecking, and storage services performed at the request of the County in accordance with a towing agreement with the County.

K. Revocation of Conditional Use Permit.

The Joint Planning Commission shall revoke a conditional use permit issued under this section when the Joint Planning Commission finds any of the following grounds:

1.  The permit was procured by fraudulent conduct or false statement of a material fact, or that a fact concerning the applicant was not disclosed at the time of his/her making application, and such fact would have constituted just cause for refusal to issue the permit.

2.  The permit holder illegally employed a shortwave radio to obtain information as to the location of the scene of an accident or disabled vehicle.

3.  The permit holder paid in the form of a gratuity any third person not involved in the accident for information as to the location of the accident.

4.  The permit holder has violated the fee schedule by overcharge.

5.  The permit holder has violated any of the requirements of this article or any of the rules and regulations as established by the Joint Planning Commission or the Board of Commissioners.

L. Hearing on Granting, Denying, Renewing, or Revoking of Conditional Use Permit.

(a)  Any person aggrieved by an order of the Joint Planning Commission granting, denying, renewing, or revoking a conditional use permit for a proposed or existing business or activity subject to the provisions of this section may file a written request for a hearing before the Board of Commissioners within ten (10) days after issuance of such order.  The Board of Commissioners shall give notice of a public hearing upon this request to be held in not less than fifteen (15) days after service of the notice on the person requesting the hearing.  The Board of Commissioners shall also give notice of the hearing to other persons directly interested in the order in question.  At such hearing, the Board of Commissioners shall determine whether granting, denying, renewing, or revoking of the conditional use permit was in accordance with the provisions of this article and shall issue written findings of fact, conclusions of law, and an order to carry out its findings and conclusions.  These findings of fact, conclusions of law, and order shall be filed with the County Clerk and served by the County Clerk upon all parties appearing or represented at the hearing.

(b)  The County Attorney shall furnish such assistance and advice to the Board of Commissioners as the Board of Commissioners shall request.

M. Penalties.

Any person who violates any provision of this section shall upon conviction be punished by the fine of not less than $10.00 nor more than $100.00, or by imprisonment of not more than thirty (30) days; and each day’s failure of compliance with any such provision shall constitute a separate violation.