Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 116 - Junkyard Control › Rule 761-116.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  306C.1 apply to this
				  chapter. In addition:
"Abandoned or discontinued junkyard"
means
				  an accumulation of junk which would be a junkyard except that it has not been
				  maintained, operated or used as an establishment or place of business for
				  storing, keeping, buying or selling junk for the past 12 months. The owner or
				  operator of a yard that otherwise would be an abandoned or discontinued
				  junkyard may continue to qualify the yard as a junkyard by providing proof of
				  income or loss through a copy of federal, state or local income tax return or
				  proof of the purchase or acquisition of new junk or sale or disposal of junk as
				  substantiated by receipts, canceled checks, or other acceptable evidence of
				  value exchanged.
"Adjacent area"
means an area which is
				  contiguous to and within 1,000 feet of the nearest edge of the right-of-way of
				  any highway on the national highway system.
"Automobile graveyard"
means any
				  establishment which is maintained, used, or operated for storing, keeping,
				  buying, or selling ten or more wrecked, scrapped, ruined, dismantled or
				  inoperative motor vehicles, but does not include any location where motor
				  vehicle bodies are placed along stream banks for purposes of bank stabilization
				  and soil erosion control, if such placement conforms with guidelines
				  established by the department of natural resources.
"Industrial activities"
means activities
				  that are permitted only in industrial zones, or in less restrictive zones by
				  the nearest zoning authority within the state, or prohibited by the authority
				  but generally recognized as industrial by other zoning authorities within the
				  state, except that none of the following are considered to be industrial
				  activities:
1. Outdoor advertising structures.
2. Agricultural, forestry, ranching, grazing, farming and
				  related activities including, but not limited to, wayside fresh produce
				  stands.
3. Activities normally and regularly in operation less than
				  three months of the year.
4. Transient or temporary activities.
5. Activities not visible from the main traveled way.
6. Activities more than 300 feet from the nearest edge of the
				  main traveled way within the corporate limits of cities.
7. Activities more than 1,000 feet from the nearest edge of
				  the main traveled way outside the corporate limits of cities.
8. Activities conducted in a building principally used as a
				  residence.
9. Railroad tracks, minor sidings, and passenger
				  depots.
10. Junkyards.
"Industrial zone"
means a zone established
				  by 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.
"Inoperative motor vehicle"
means any of the
				  following:
1. A motor vehicle that does not have a valid title.
2. A motor vehicle that does not have a current registration,
				  unless the motor vehicle is in the inventory of a motor vehicle dealer licensed
				  under Iowa Code chapter 322.
3. A motor vehicle with one or more of the following items
				  missing or in need of substantial repair: windshield, driver's seat, steering
				  wheel or steering system, battery, ignition system, fuel tank or fuel supply
				  system, engine, transmission, drive shaft, differential, axle, suspension
				  system, brake system, or frame.
4. A motor vehicle that is not immediately capable of legal
				  operation on a public road or street.
However, any one of the following by itself does not render a
				  motor vehicle inoperative: a battery that can be recharged, one tire and wheel
				  missing or in need of repair, or lack of fuel.
The burden of proving that a motor vehicle is not inoperative
				  rests with the person or persons in possession of that vehicle. However, if the
				  temperature is below 32 degrees Fahrenheit, no person is required to
				  demonstrate that the engine of a motor vehicle will start.
"Main traveled way "
means the portion of
				  the roadway for movement of vehicles on which through traffic is carried,
				  exclusive of shoulders and auxiliary lanes. In the case of a divided highway,
				  the main traveled way includes each of the separated roadways for traffic
				  moving in opposite directions, exclusive of shoulders, auxiliary lanes,
				  frontage roads, turning roadways, and parking areas.
"Nonconforming junkyard"
means a junkyard
				  which continues to be legally maintained, but which does not meet any of the
				  exceptions in subrule 116.2(2), and which was lawfully established:
1. Prior to July 1, 1972, and is located within the adjacent
				  area of an interstate highway.
2. Prior to May 6, 2015, and is located within the adjacent
				  area of a noninterstate highway on the national highway system.
3. Prior to the effective date of a zoning change which
				  caused nonconformity with these rules.
4. Prior to the departure or closure of an industrial
				  activity which caused nonconformity with these rules.
5. Prior to the establishment of a highway as part of the
				  national highway system.
"Right-of-way "
means land area dedicated to
				  public use for the highway and its maintenance, and includes land acquired in
				  fee simple or by permanent easement for highway purposes, but does not include
				  temporary easements or rights for supplementary highway appurtenances.
"Unzoned industrial area "
means land
				  occupied by a regularly used building, parking lot, storage area or processing
				  area of an industrial activity, and land within 1,000 feet thereof which is:
1. Located on the same side of the highway as the
				  activity,
2. Not predominantly used for residential or commercial
				  purposes, and
3. Not zoned by state or local law, regulation or ordinance.
"Visible "
means capable of being seen
				  without visual aid by a person of normal visual acuity.
This rule is intended to implement Iowa Code sections
				  306C.1 to
				  306C.9.