67 Pa. Code § 451.2

Current through Register Vol. 54, No. 45, November 9, 2024

Section 451.2 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Abandoned-A junkyard or automotive dismantler and recycler, or both, which has not been used or operated for a period of 12 months, or that its license has not been renewed within 60 days of notice to renew.

Act-The act of July 28, 1966 (P. L. 91, No. 3) (36 P. S. §§ 2719.1-2719.14).

Automotive dismantler and recycler-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 motorparts, or both.

Department-The Department of Transportation of the Commonwealth of Pennsylvania.

District engineer-The person designated as such in one of the Department's 11 engineering districts.

Industrial activity-An activity permitted only in an industrial zone, or in a less restrictive zone, except that none of the following shall be considered industrial activities:

(i) Outdoor advertising structures.

(ii) Agricultural, forestry, ranching, grazing, farming and related activities, including but not limited to, wayside selling.

(iii) Activities normally and regularly in operation less than 3 months of the year.

(iv) Transient or temporary activities.

(v) Activities not visible from the traffic lanes of the main traveled way.

(vi) Activities conducted in a building principally used as a residence.

(vii) Railroad tracks, including sidings and passenger depots.

(viii) Junkyards or automotive dismantlers and recyclers.

Junk-Scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel and other old or scrap ferrous or nonferrous material, including wrecked, scrapped, ruined, dismantled, or junked motor vehicles, or parts thereof.

Junkyard-Any outdoor establishment, place of business, or activity which is maintained, used or operated for storing, keeping, buying or selling junk; for the maintenance or operation of a garbage dump, sanitary landfill or scrap metal processor, or for the storage of ten or more junked vehicles.

Nonconforming-As applied to junkyard or automotive dismantler and recycler means it was legally in existence on January 1, 1967, and located within the zone of control. The term also applies to a junkyard or automotive dismantler and recycler located in the zone of control adjacent to any interstate or Federal aid primary highway made a part of the system after January 1, 1967.

Person-A corporation, partnership, association, and political subdivision as well as a natural person.

Screening-The use of any natural objects, plantings, embankments, fencing, walls or structures, or a combination of any of these, which will effectively hide any deposit of junk so as not to be visible from the highway, at all times of the year, by an occupant of a motor vehicle viewing from a height of 4 1/2 feet above the pavement.

Secretary-The Secretary of the Department of Transportation.

Site-The property within the boundaries described in the application on which the junkyard or automotive dismantler and recycler business or activity is located or is proposed to be located.

Unzoned industrial area-The land occupied by the regularly used building, parking lot, storage, or processing area of an industrial activity and that land within 1000 feet thereof which is:

(i) Located on the same side of the highway as the principal part of the activity.

(ii) Not predominantly used for residential or commercial purposes.

(iii) Not zoned by any State or local law, regulation, or ordinance.

Zone of control-All areas which are adjacent to and within 1,000 feet of the edge of the right-of-way of any interstate or Federal aid primary highway.

Zoned industrial area-Any area zoned industrial by the appropriate zoning authority.

67 Pa. Code § 451.2