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§3754-A.__Limitations on graveyard, automobile |
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| recycling business and junkyard permits |
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| | 1.__Highways; Interstate System and Primary System.__A permit | may not be granted for an automobile graveyard or junkyard within | 1,000 feet of the right-of-way of any highway incorporated in | both the Interstate System and Primary System or within 600 feet | of the right-of-way of any other highway, except for: |
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| A.__Those automobile graveyards or junkyards that are kept | entirely screened from ordinary view from the highway at all | times by natural objects, plantings or fences.__Screening | required by this paragraph must be: |
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| (1)__At a height, density and depth sufficient to | accomplish complete screening from ordinary view; |
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| (2)__Well constructed and properly maintained at a | minimum height of 6 feet; |
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| (3)__Placed outside of the highway right-of-way; and |
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| (4)__Acceptable to the municipal officers or county | commissioners; and |
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| B.__Those automobile graveyards or junkyards located within | areas that have been zoned for industrial use and located | more than 600 feet but less than 1,000 feet from the right- | of-way of any highway incorporated in both the Interstate | System and Primary System. |
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| | 2.__Limitation on new permits.__A permit may not be granted | for an automobile graveyard or junkyard established after October | 3, 1973 and located within 100 feet of any highway. |
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| | 3.__Public facilities.__A new permit may not be granted for an | automobile graveyard or junkyard that is: |
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| A.__Located within 300 feet of a public facility, including, | but not limited to, a public park, public playground, public | bathing beach, school, church or cemetery; and |
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| B.__Within ordinary view from a public facility under | paragraph A. |
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| | 4.__Public and private water supplies.__A permit may not be | granted for an automobile graveyard, junkyard or automobile | recycling business that handles junk, scrap metal, vehicles or | other solid waste within 300 feet of a well that serves as a |
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