28-7941. Definitions

In this article, unless the context otherwise requires:

1. " Automobile graveyard" means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

2. " Interstate system" means the portion of the national system of interstate and defense highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

3. " Junk" means:

(a) Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris or waste.

(b) Junked, dismantled or wrecked automobiles or parts of junked, dismantled or wrecked automobiles.

(c) Iron, steel and other old or scrap ferrous or nonferrous material.

4. " 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.

5. " Main traveled way" :

(a) Means the portion of a roadway for the movement of vehicles, excluding shoulders, on which through traffic is carried.

(b) In the case of a divided highway, means the traveled way of each of the separated roadways for traffic in opposite directions.

(c) Does not include facilities such as frontage roads or parking areas.

6. " Primary system" means that portion of connected main highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

7. " 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. As used in this paragraph, industrial activity does not include:

(a) Agricultural, forestry, grazing, farming, ranching and related activities.

(b) Transient or temporary activities, including wayside fresh produce stands.

(c) Activities not visible from the main traveled way.

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

(e) Railroad tracks, minor sidings and passenger depots and aboveground or underground utility lines.

(f) Junkyards.

(g) Outdoor advertising structures.

(h) Activities in operation fewer than three months a year.

(i) Activities more than three hundred feet from the edge of a right-of-way.