N.Y. Comp. Codes R. & Regs. tit. 17 § 157.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 157.1 - Definitions

The following words and phrases used in this Part are defined as follows:

(a) Unzoned industrial area shall mean the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 1,000 feet thereof which is: located on the same side of the highway as the principal part of said activity, and not predominantly used for residential or commercial purposes, and not zoned by State or local law, regulation or ordinance. Industrial activities, for purposes of this definition, shall mean those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the State, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the State, except that none of the following shall be considered industrial activities:

(1) outdoor advertising structures;

(2) agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;

(3) activities normally and regularly in operation less than three months of the year;

(4) transient or temporary activities;

(5) activities not visible from the traffic lanes of the main-traveled way;

(6) activities more than 300 feet from the nearest edge of the main-traveled way;

(7) activities conducted in a building principally used as a residence;

(8) railroad tracks, minor sidings and passenger dopots;

(9) jundyards, as defined in this Part; or

(10) scrap metal processing facilities as defined in this Part.

(b) Areas zoned for industrial use means areas in which industrial development is permissible under a valid zoning authority map, plan or regulation of the appropriate municipal subdivision of the State.

(c) Centerline of the highway means a line equidistant from the edges of the median separating the main-traveled ways of a divided interstate or primary highway or the centerline of the main-traveled way of a nondivided Interstate or primary highway.

(d) Establish means to construct, build, raise, assemble, place, create or in any other way bring into being.

(e) Interstate highway system means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Commissioner of Transportation and approved by the Secretary of Commerce or the Secretary of Transportation of the United States pursuant to the provisions of title 23 of the United States Code, as amended.

(f) Primary highway system means that portion of connected main highways as officially designated, or as may hereafter be so designated, by the Commissioner of Transportation, and approved by the Secretary of Commerce or the Secretary of Transportation of the United States pursuant to the provisions of title 23 of the United States Code, as amended.

(g) Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, used tires and other rubber debris, waste, or junked, scrapped, ruined, dismantled or wrecked motor vehicles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(h) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, and shall include automobile graveyards, garbage or refuse dumps and sanitary fills.

(i) Automobile graveyard means 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.

(j) Scrap metal processing facility means an establishment having facilities for processing iron, steel, or non-ferrous scrap and whose principal product is scrap iron, steel or non-ferrous scrap for sale for remelting purposes only.

(k) Main-traveled way means the traveled way of an interstate or primary highway on which through traffic is carried. It does not include such facilities as frontage highways, auxiliary lanes, ramps, turning roads and parking areas.

(l) Maintain means to allow to exist.

(m) Right-of-way means that land area dedicated to public use for the highway and its maintenance; the area over which the State exerts jurisdiction for permanent use as a public highway. The term "right-of-way" does not include permanent or temporary easements or rights for supplementary highway appurtenances such as for drainage systems and borrow areas but does include interests in property acquired for the restoration, preservation and enhancement of natural or scenic beauty pursuant to section 21 of the Highway Law.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 157.1