Arizona Laws 28-7943
A. After July 1, 1974, a person shall not establish a new junkyard or expand a junkyard lawfully existing on July 1, 1974, any portion of which is within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems, without obtaining a screening license from the director.
Terms Used In Arizona Laws 28-7943
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- Junkyard: means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling junk or for maintaining or operating an automobile graveyard, including garbage dumps and sanitary landfills. See Arizona Laws 28-7941
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Right-of-way: when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. See Arizona Laws 28-101
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Unzoned industrial area: means an area that is not zoned under authority of state law and in which the land use is characteristic of that generally permitted only in areas that are actually zoned industrial under authority of state law and that embraces all land on the same side of the highway on which one or more industrial activities are conducted, including all land within one thousand feet measured in each direction parallel to the highway from the nearest edge of the industrial building or activity on the land. See Arizona Laws 28-7941
B. The director shall establish and collect a fee for the issuance of the license. The department shall deposit, pursuant to sections 35-146 and 35-147, the fees collected for the licenses in the state highway fund.
C. The director shall not issue a screening license under this section for the establishment of a new junkyard or for the expansion of an existing junkyard within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems unless it conforms to at least one of the following requirements:
1. Is screened by natural objects, plantings, opaque fences or other appropriate means to the extent that it is not visible from the main traveled way of the interstate or primary systems or is otherwise removed from sight.
2. Is located within an area zoned for industrial use under the authority of law.
3. Is located within an unzoned industrial area as determined from actual land uses and defined by rules adopted by the director.