Rule 672-8-.06 - Nonconforming JunkyardsFor the purposes of this chapter, a discontinued junkyard is any junkyard which was operated as a business enterprise in the past and where the proprietor is retaining the inventory for the present but not actively engaged in buying or selling junk.
(a) If the location or site of a nonconforming junkyard is changed as a result of a right-of-way taking or for any other reason it is relocated, it ceases to be a nonconforming junkyard, and shall be treated as a new junkyard at a new location.(b) The nonconforming junkyard may continue as long as it is not extended, or changed in use. Once a junkyard has been made conforming, the subsequent placement of junk so that it may be seen, above or beyond a screen, or if the junk otherwise becomes visible, said junkyard shall then be treated the same as the establishment of a new junkyard.(c) A nonconforming junkyard must have been in lawful existence and operation on April 6, 1967, and may continue to exist and operate (1) as long as it continues to be lawfully maintained, (2) is not extended or enlarged, or (3) substantially changed in use.(d) In order for a junkyard to continue as a nonconforming junkyard, there must be existing property rights in the junkyard and junk affected by these rules. A junkyard may not continue to exist if it has been abandoned, destroyed, or voluntarily discontinued. The Department shall consider the following criteria as the minimum criteria which must exist and must be applied before any determination can be made by the Department that a junkyard or junk has been abandoned: 1. The junkyard has not operated or conducted business for 1 year or more, or 2. The junkyard is in need of substantial repair or maintenance; or 3. The junkyard owner cannot be found or determined after a diligent search has been made by a representative of the Department as verified by his affidavit which shall set forth all the steps taken and attempts made to locate and determine said owner.Ga. Comp. R. & Regs. R. 672-8-.06
Ga. L. 1973, pp. 947, 1069 as amended (Ga. Code of Public Transportation, § 95A-908); Ga. L. 1973, pp. 947, 982 (Ga. Code of Public Transportation, § 95A-303).
Original Rule entitled "Nonconforming Junkyards" was filed on December 13, 1978; effective January 2, 1979.