2023 Delaware Code › Title 17 - Highways › Chapter 12. REGULATION OF JUNKYARDS › § 1202. Scope and definitions.

§ 1202. Scope and definitions.
(a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted or created or exercised under any other statute, by a planning or zoning board or authority or other public officer, but shall be construed to be in addition to any such power or authority, which shall remain unaffected.
(b) As used in this chapter:
(1) “A 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.
(2) “Automobile graveyard” means any establishment or place of business which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
(3) “Illegal junkyard” means any junkyard which was established, operated and/or maintained in violation of Delaware law.
(4) “Interstate system” means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department, and approved by the Secretary of Transportation pursuant to Title 23, United States Code, “Highways.”
(5) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
(6) “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. This definition includes scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards and temporary storage of automobile bodies and parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. The definition includes garbage dumps and sanitary landfills. The definition does not include litter, trash and other debris scattered along or upon the highway, or temporary operations and outdoor storage of limited duration.
(7) The “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.
(8) “Main-traveled way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.
(9) “Nonconforming junkyard” is one which was lawfully established, but which does not comply with the laws of this State or Department regulations passed at a later date or which later fails to comply with such law or regulations due to changed conditions.
(10) “Primary system” means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department, and approved by the Secretary of Transportation, pursuant to Title 23, United States Code, “Highways.”
(11) “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. Outdoor advertising structures shall not be considered industrial.
(12) “Visible” means capable of being seen without visual aid by a person of normal visual acuity.
(13) “Zoned industrial areas” means those areas which are zoned for industry or manufacturing pursuant to a state, county or local zoning authority.
17 Del. C. 1953, §  1202;  56 Del. Laws, c. 253, §  2;  61 Del. Laws, c. 166, §§  1, 2;