Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 3 - Junkyard Control › Section 730:35-3-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Automobile graveyard"
means any establishment
				  or place of business which is maintained, used, or operated for storing,
				  keeping, buying or selling wrecked, scrapped, ruined or dismantled motor
				  vehicles or motor vehicle parts. Ten or more such vehicles will constitute an
				  automobile graveyard.
"Illegal junkyard"
means a junkyard which was
				  established or is maintained in violation of State law.
"Industrial activities"
means those activities
				  permitted only in industrial zones, or in less restrictive zones by the nearest
				  zoning authority within the State. It may also refer to activities prohibited
				  by said zoning authority but generally recognized as industrial by other zoning
				  authorities within the State. None of the following shall be considered
				  industrial activities:
(A) Outdoor advertising signs, displays or devices;
(B) Agricultural, forestry, ranching, grazing, farming and
				  related activities, including, but not limited to, wayside fresh produce
				  stands;
(C) Activities normally and regularly in operation less than
				  three (3) months of the year;
(D) Transient or temporary activities;
(E) Activities not visible from the traffic lanes of the
				  main-traveled way;
(F) Activities more than three hundred (300) feet from the
				  nearest edge of the main-traveled way;
(G) Activities conducted in a building principally used as a
				  residence;
(H) Railroad tracks, minor sidings, and passenger
				  depots;
(I) Strip or other open mining activities; and
(J) Junkyards, automobile graveyards or scrap metal
				  processing facilities.
"Interstate system"
means that portion of the
				  National System of Interstate and Defense Highways located within this State,
				  as officially designated, or as may hereafter be so designated by the
				  Transportation Commission, and approved by the Secretary of Transportation,
				  pursuant to the provisions of Title 23, United States Code.
"Junk"
means old or scrap copper, brass, rope,
				  rags, batteries, paper, used or dismantled household appliances, trash, rubber
				  debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof,
				  iron, steel and other old or scrap ferrous or non-ferrous material.
"Junkyard"
means an establishment or place of
				  business which is maintained, operated or used for storing, keeping, buying or
				  selling junk, or for the maintenance or operation of an automobile graveyard,
				  and the term shall include garbage dumps and sanitary fills.
"Nonconforming junkyard"
means one which was
				  lawfully established, but which now does not comply with the provisions of
				  State law.
"Primary system"
means that portion of the
				  highway system as officially designated, or as may hereafter be so designated,
				  by the Transportation Commission, and approved by the Secretary of
				  Transportation, pursuant to the provisions of Title 23, United States
				  Code.
"Scrap metal processing facility"
means an
				  establishment having facilities used primarily for processing iron, steel or
				  non-ferrous metals and whose principal product is such iron, steel or scrap for
				  sale, for remelting purposes only, the processor being considered a
				  manufacturer.
"Unzoned industrial areas"
means any areas not
				  zoned by state or local law, regulation or ordinance, which are occupied by one
				  or more industrial activities. They include all lands along the highway for a
				  distance of one thousand (1,000) feet in each direction as measured from the
				  outer edges of the regularly used buildings, parking lots, storage, or
				  processing areas of the activity, and which lie parallel to the edge of the
				  pavement and which are located on the same side of the highway as the principal
				  industrial activity. Measurements shall not begin at the property lines but
				  rather shall begin at the outer edges of the area containing the regularly used
				  buildings, parking lots, storage or processing areas related to the industrial
				  activities.
Amended at 17 Ok Reg
				  1384, eff 5-11-00