Delaware Code Title 17 Sec. 1205 – Restrictions as to locations
(a) No license shall be granted for the establishment, maintenance or operation of a junkyard any portion of which is within a controlled area except the following:
(1) Junkyards which are lawfully in existence on the effective date of this chapter;
(2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main-traveled way of the highway of the interstate or primary systems;
(3) Junkyards located within areas which are zoned for industrial use under the laws of this State;
(4) Junkyards located within unzoned industrial areas which the Department shall find are used for industrial activities.
Terms Used In Delaware Code Title 17 Sec. 1205
- controlled area: means , and "controlled areas" includes, any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system. See Delaware Code Title 17 Sec. 1202
- Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
- highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
- Junkyard: means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard. See Delaware Code Title 17 Sec. 1202
- laws of this State: includes a provision of the Constitution or statutes of this State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes. See Delaware Code Title 17 Sec. 1202
- Main-traveled way: means the traveled way of a highway on which through traffic is carried. See Delaware Code Title 17 Sec. 1202
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Unzoned industrial areas: means those areas not zoned by any state, county or local authority, but used primarily for industrial purposes as determined by the Department. See Delaware Code Title 17 Sec. 1202
- Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1202
(b) No such license shall be granted for a junkyard which is permitted in a controlled area under this chapter solely because of paragraphs (a)(3) and (4) of this section unless such junkyard is fenced in the manner provided in paragraph (c)(3) of this section.
(c) No license shall be granted for a junkyard which is not located within the limits of an incorporated municipality and which is within 1,000 feet of the nearest edge of the right-of-way of a public highway of this State other than a highway of the interstate or primary systems except the following:
(1) Junkyard lawfully in existence on the effective date of this chapter;
(2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main-traveled way of public highway;
(3) Junkyards which have a fence parallel to the public highway for the full length of the yard along the highway and a further fence extending back from the parallel fence the full length of the junkyard or for a distance of 1,000 feet, whichever distance shall be shorter, which fence or fences shall be at least 7 feet in height and shall to the extent of such height render the junkyard not visible from the view of persons traveling on the main-traveled way of the public highway.
17 Del. C. 1953, § ?1205; 56 Del. Laws, c. 253, § ?2; 61 Del. Laws, c. 166, § ?6;