(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.

(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.