Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following terms, as used in the Rules of this Chapter,
				shall have the following meanings unless the context thereof indicates to the
				contrary:
(a) Department: The
			 Department of Transportation of the State of Georgia.
(b) Commissioner: The Commissioner of the
			 Department of Transportation, acting directly or through a duly authorized
			 representative, such representative acting within the scope of the particular
			 duties assigned to him and within the authority given him.
(c) Junkyard: Any establishment which is
			 maintained or used for storing, buying, or selling junk or for an automobile
			 graveyard; and the term shall include garbage dumps, sanitary fills, and scrap
			 processor establishments.
(d) Junk:
			 Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber,
			 debris, waste; junked, dismantled, or wrecked automobiles, or parts thereof; or
			 iron, steel, and other old scrap ferrous or nonferrous material.
(e) Automobile graveyard: Any establishment
			 which is maintained or used for storing, buying, or selling wrecked, scrapped,
			 ruined or dismantled motor vehicles or motor vehicle parts.
(f) Scrap Processor: Any person, firm, or
			 corporation engaged only in the business of buying scrap iron and metals,
			 including, but not limited to, old automobiles, for the specific purpose of
			 processing into raw material for remelting purposes only, and whose principal
			 product is ferrous and nonferrous scrap for shipment to steel mills, foundries,
			 smelters, and refineries, and who maintains an established place of business in
			 this State and has facilities and machinery designed for such
			 processing.
(g) Interstate Highway:
			 Any State-aid road which is also a portion of the National System of Interstate
			 and Defense Highways located within this State, as officially designated, or as
			 may hereafter be designated by the Department and approved by the Secretary of
			 Transportation or other appropriate Federal official, pursuant to the
			 provisions of Title 23 of the United States Code.
(h) Federal-Aid Primary Highway: Any
			 State-aid road which is a portion of connected main highways as officially
			 designated or as may hereafter be designated by the Department and approved by
			 the Secretary of Transportation or other appropriate Federal official, pursuant
			 to the provisions of Title 23 of the United States Code.
(i) Main Traveled Way: The traveled way of a
			 highway on which through traffic is carried. In the case of a divided highway,
			 the traveled way of each of the separated roadways for traveling in opposite
			 directions shall be deemed the main traveled way. It does not include such
			 facilities as frontage roads, turning roadways or parking areas.
(j) Industrial Zones: Those districts or
			 areas established by official zoning authorities as being most appropriate for
			 industry or manufacturing. A zone which simply permits certain industrial
			 activities as an incident to the primary land use designation is not considered
			 to be an industrial zone.
(k)
			 Unzoned Industrial Areas: Any area where there is no zoning in effect and which
			 is used primarily for industrial activities. An unzoned industrial area does
			 not include areas which may have a rural zoning classification or land uses
			 established by zoning variances or special exceptions.
(l) Zone of Control: All areas within the
			 boundaries of this State which are adjacent to and within one thousand (1000)
			 feet of the edge of the. right-of-way of any Interstate or Federal-aid primary
			 highway within this State. Any revision in right-of-way limits after initial
			 control is obtained will require a similar revision in the zone of
			 control.
(m) Screening: The use of
			 any vegetative planting, fencing, ornamental wall of masonry, or other
			 architectural treatment or device, earthen embankment, or a combination of any
			 of these which will effectively hide from view any deposit of junk from the
			 main traveled way, on a year round basis. Screening does not include the use of
			 junk.
(n) Person: Means any
			 individual, firm, agency, company, association, partnership, business trust,
			 joint stock company, body politic or corporation.
(o) Maintain: To allow to exist.
(p) Establish: To construct, build, raise,
			 assemble, place, affix, create or in any way bring into existence.
(q) Visible: Capable of being seen without
			 visual or optical aid by a person of normal visual acuity.
(r) Nonconforming Junkyard: Any junkyard
			 which was lawfully established and in existence on April 6, 1967, and any part
			 of which is located within 1000 feet of the nearest edge of the right-of-way of
			 any Interstate or Federal-aid primary highway and which:
1. is not screened by natural objects,
			 plantings, fences, or other appropriate means so as to be visible from the main
			 traveled way of such highway systems, or otherwise removed from sight, and
2. is not located within an
			 industrial zone, and
3. is not
			 located within an unzoned industrial area, and
4. is visible from the main traveled way of
			 said highways.