Okla. Admin. Code § 730:35-3-4

Current through Vol. 42, No. 4, November 1, 2024

Section 730:35-3-4 - Nonconforming junkyards

(a) A junkyard shall be deemed nonconforming, when the following terms and conditions exist:

(1) The junkyard must have been actually in existence on or before April 1, 1968.

(2) There must be existing property rights in the junkyard or junk affected by State law. (Abandoned junk and junkyards, trash dumps and land fills are not considered nonconforming junkyards.) In the case of abandoned junk or junkyards, the State will participate in the cost of removal only if said junk or junkyard was in place prior to April 1, 1968.

(3) If the location of a nonconforming junkyard is changed as a result of a right-of-way taking or for any other reason, it shall cease to be a nonconforming junkyard and shall be considered as a new junkyard at a new location.

(4) If the size of a nonconforming junkyard increases to include land not utilized as a junkyard on or before April 1, 1968, the junkyard shall cease to be a nonconforming junkyard and be considered as a new junkyard over its entire area.

(5) The nonconforming junkyard must have been lawful on the effective date of the State law, April 1, 1968, and must continue to be lawfully maintained.

(b) The nonconforming junkyard may continue as long as it is not extended, enlarged, or changed in use. Once a junkyard has been made conforming, the placement of junk so that it may be seen above or beyond a screen or otherwise become visible, shall be treated the same as the establishment of a new junkyard.

Okla. Admin. Code § 730:35-3-4

Amended at 17 Ok Reg 1384, eff 5-11-00