[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR751.7]

[Page 368]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 751--JUNKYARD CONTROL AND ACQUISITION--Table of Contents
 
Sec. 751.7  Definitions.

    For purposes of this part, the following definitions shall apply:
    (a) Junkyard. (1) A Junkyard is 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. This definition includes scrap metal processors, 
auto-wrecking yards, salvage yards, scrap yards, autorecycling yards, 
used auto parts yards and temporary storage of automobile bodies and 
parts awaiting disposal as a normal part of a business operation when 
the business will continually have like materials located on the 
premises. The definition includes garbage dumps and sanitary landfills. 
The definition does not include litter, trash, and other debris 
scattered along or upon the highway, or temporary operations and outdoor 
storage of limited duration.
    (2) An Automobile Graveyard is an 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.
    (3) An Illegal Junkyard is one which was established or is 
maintained in violation of State law.
    (4) A Nonconforming Junkyard is one which was lawfully established, 
but which does not comply with the provisions of State law or State 
regulations passed at a later date or which later fails to comply with 
State regulations due to changed conditions. Illegally established 
junkyards are not nonconforming junkyards.
    (b) Junk. Old or scrap metal, rope, rags, batteries, paper, trash, 
rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or 
parts thereof.
    (c) 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 traffic in opposite 
directions is a main traveled way. It does not include such facilities 
as frontage roads, turning roadways, or parking areas.
    (d) Industrial zones. Those districts 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. The provisions of part 750, subpart G of this chapter 
relative to Outdoor Advertising Control shall apply insofar as 
industrial zones are concerned.
    (e) Unzoned industrial areas. An area where there is no zoning in 
effect and which is used primarily for industrial purposes as determined 
by the State and approved by the FHWA. An unzoned area cannot include 
areas which may have a rural zoning classification or land uses 
established by zoning variances or special exceptions.

[40 FR 8551, Feb. 28, 1975, as amended at 41 FR 9321, Mar. 4, 1976]