Utah Code 72-7-205. Conditions for licensing of junkyard within 1,000 feet of highway
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(1) The department may not grant a license for the establishment, maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of the right-of-way of any highway on the interstate or primary systems unless the junkyard is:
Terms Used In Utah Code 72-7-205
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Junkyard: means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. See Utah Code 72-7-202
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
(1)(a) screened by natural objects, plantings, fences, or other appropriate means so the junkyard is not visible from the main-traveled-way of the system; and(1)(b)(1)(b)(i) located within areas that are zoned for industrial use under county or municipal ordinances; or(1)(b)(ii) located within unzoned industrial areas, determined by actual land uses as defined by rules made by the department in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act .
(2) A junkyard controlled by this part may not be expanded or have its use extended except by permission of the department under rules made by the department.