Iowa Admin. Code r. 761-116.1

Current through Register Vol. 47, No.14, January 8, 2025

Rule 761-116.1 - [Effective 2/12/2025] Definitions

The definitions in Iowa Code section 306C.1 apply to this chapter. In addition:

"Adjacent area" means an area that is contiguous to and within 1,000 feet of the nearest edge of the right-of-way of any highway on the national highway system.

"Automobile graveyard," as used in Iowa Code section 306C.1, means any site that is maintained, used, or operated for storing, keeping, buying, or selling ten or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles, but does not include any location where motor vehicle bodies are placed along stream banks for purposes of bank stabilization and soil erosion control, if such placement conforms with guidelines established by the department of natural resources.

"Industrial activities" means activities that are generally permitted only in industrial or heavier zone classifications by zoning authorities within the state, except that none of the following are considered to be 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 main traveled way.

6. Activities more than 300 feet from the nearest edge of the main traveled way within the corporate limits of cities.

7. Activities more than 1,000 feet from the nearest edge of the main traveled way outside the corporate limits of cities.

8. Activities conducted in a building principally used as a residence.

9. Railroad tracks, minor sidings, and passenger depots.

10. Junkyards.

"Industrial zone" means a zone established by zoning authorities as being most appropriate for industry or manufacturing. A zone that simply permits certain industrial activities as an incident to the primary land use designation is not considered to be an industrial zone.

"Inoperative motor vehicle" means any of the following:

1. A motor vehicle that does not have a valid title.

2. A motor vehicle that does not have a current registration unless the motor vehicle is in the inventory of a motor vehicle dealer licensed under Iowa Code chapter 322.

3. A motor vehicle with one or more of the following items missing or in need of substantial repair: windshield, driver's seat, steering wheel or steering system, battery, ignition system, fuel tank or fuel supply system, engine, transmission, drive shaft, differential, axle, suspension system, brake system, or frame.

4. A motor vehicle that is not immediately capable of legal operation on a public road or street.

However, any one of the following by itself does not render a motor vehicle inoperative: a battery that can be recharged, one tire and wheel missing or in need of repair, or lack of fuel.

"Main traveled way" means the portion of the roadway for movement of vehicles on which through traffic is carried, exclusive of shoulders and auxiliary lanes. In the case of a divided highway, the main traveled way includes each of the separated roadways for traffic moving in opposite directions, exclusive of shoulders, auxiliary lanes, frontage roads, turning roadways, and parking areas.

"Nonconforming junkyard" means a junkyard located in an area not exempted by Iowa Code section 306C.2 and that was lawfully established:

1. Prior to July 1, 1972, and is located within the adjacent area of an interstate highway.

2. Prior to May 6, 2015, and is located within the adjacent area of a noninterstate highway on the national highway system.

3. Prior to the effective date of a zoning change that caused nonconformity with these rules.

4. Prior to the departure or closure of an industrial activity that caused nonconformity with these rules.

5. Prior to the establishment of a highway as part of the national highway system.

"Right-of-way" means land area dedicated to public use for the highway and its maintenance, and includes land acquired in fee simple or by permanent easement for highway purposes but does not include temporary easements or rights for supplementary highway appurtenances.

"Unzoned industrial area," as used in Iowa Code sections 306C.2 and 306C.3, means land occupied by a regularly used building, parking lot, storage area or processing area of an industrial activity, and land within 1,000 feet thereof that is:

1. Located on the same side of the highway as the activity,

2. Not predominantly used for residential or commercial purposes, and

3. Not zoned by state or local law, regulation, or ordinance.

This rule is intended to implement Iowa Code sections 306C.1 through 306C.9 and 23 U.S.C. Section 136 as implemented through 23 CFR 751.

Iowa Admin. Code r. 761-116.1

Amended by IAB April 1, 2015/Volume XXXVII, Number 20, effective 5/6/2015

Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025