Section 1680-02-04-.07 - GRANDFATHERED AND NONCONFORMING JUNKYARDS(1) Grandfathered and nonconforming junkyards may lawfully continue in their existing condition subject to the following conditions, any violation of which shall terminate their status and render them in violation of the screening or concealment requirements of rule 1680-2-4-.03(1)(a): (a) The junkyard must continue to be lawfully maintained and operated;(b) There must be existing property rights in the junk or junkyard;(c) Junkyards consisting of abandoned or worthless junk, or the like, shall not be lawful;(d) Abandoned junkyards shall not be lawful;(e) The location of the junkyard may not be changed for any reason; if the location is changed, the junkyard shall constitute a new establishment at a new location;(f) The junkyard may not be extended, enlarged, or changed in use.(g) The junkyard may not be destroyed or voluntarily discontinued.(2) Extension or enlargement of such junkyards is prohibited except where the junkyard has been brought into compliance with rule 1680-2-4-.03(1)(a) by proper screening or concealment.(3) Trash dumps shall not be considered as lawful for the purpose of constituting either a grandfathered or nonconforming junkyard since such establishments are composed of worthless and/or abandoned junk.Tenn. Comp. R. & Regs. 1680-02-04-.07
Original rule filed August 31, 1982; effective September 30, 1982. Repealed and new rule filed June 1, 1992; effective July 16, 1992. Rule has been assigned a new control number from 1680-7-1-.07 filed and effective February 1, 2003.Authority: T.C.A. §§ 54-20-104(a)(3) and 54-20-106; 23 U.S.C., §136.