2 Del. Admin. Code § 2601-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2601-13.0 - Standards for On Premise Signs

13.1 General

13.1.1 Section 1114, Subchapter 1, Chapter 11, Title 17 of the Delaware Code exempts on premise signs from all provisions of Subchapter 1, except that such signs shall be subject to the Rules and Regulations adopted by the Department as required by Section 1103 of Subchapter 1, Chapter 11 of Title 17. Consistent with the stated policy of Chapter 11 of Title 17 for protecting the public's investment in highways and enhancing the natural scenic beauty, the following shall apply to all on premise signs which are erected and maintained within 660 feet of the nearest edge of the right-of-way of any interstate highway in this State, and which are visible from the main traveled way of such systems.

13.2 Eligibility

13.2.1 A sign display, or device shall be considered an on-premise sign if:

13.2.1.1 it is located on the same premises as the activity or property advertised and

13.2.1.2 it has as its purpose the identification of the activity conducted on the premises or advertises the sale or lease of the property on which it is located.

13.2.2 Signs greater than 32 square feet shall be considered on premise if they meet the conditions as defined in subsections 13.3 and 13.4 of this section.

13.3 Premise Test

13.3.1 As used in these regulations, the premises on which an activity is conducted shall be the land occupied by the building or other physical uses that are necessary or customarily incident to the activity including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

13.3.2 The following will not be considered to be a part of the premises on which an activity is conducted and any signs located on such land will be considered "off premise" advertising:

13.3.2.1 Any lands not used as an integral part of the principal activity, or

13.3.2.2 Any land used for a separate purpose unrelated to the advertised activity, or

13.3.2.3 Any land at some distance from the principal activity, and in closer proximity to the highway than the principal activity, and developed or used only in the area of the sign site, or between the sign site and the principal activity, and occupied solely by structures or uses only incidental to the principal activity, and which serve no reasonable purpose other than to qualify the land for signing purposes, or

13.3.2.4 Any configuration of land which is such that it cannot be put to any reasonable use related to the principal activity other than for signing purposes, or

13.3.2.5 Any land which is nonbuildable, such as swamp, marsh or other wetland, or

13.3.2.6 Any land which is common or private roadway or held by easement or other lesser interest than the premises where the advertised activity is located,

13.3.2.7 With the exception of agri-produce signs, any land in excess of 50 feet from the principal activity or accessory uses.

13.4 Purpose Test

13.4.1 The following signs, displays, and devices shall be considered as having as their purpose, (1) the identification of the activity located on the premises or its products or services, or (2) the sale or lease of the property on which the sign is located:

13.4.1.1 Any sign which consists solely of the name of the establishment.

13.4.1.2 Any sign which identifies the establishments principal or accessory products or services offered on the premises.

13.4.1.3 Any sign which has no message content other than for sale or lease.

13.4.2 Signs in the following categories shall be considered as not fulfilling requirements and shall be treated as "off premise" advertising:

13.4.2.1 A sign which brings rental income to the property owner, or

13.4.2.2 Which consists principally of brand or trade name advertising, or

13.4.2.3 Which advertises a product only incidental to the principal activity, or

13.4.2.4 Which advertises, in addition to the activities conducted on the premises, activities not conducted on the premises, or

13.4.2.5 One which in addition to the sale or lease aspects of the property advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located.

13.5 Applications

13.5.1 A permit shall not be required for an "on premise" sign. Any such sign shall be erected, however, only after first securing written approval of the Department. Application for permission to erect on premise signs shall be made and processed in the same manner as applications for outdoor advertising signs (See Section 15.0). Such signs may be either freestanding or attached to buildings providing they meet the requirements of this section.

13.6 The following "on premise" signs are prohibited:

13.6.1 Signs advertising activities that are illegal under Federal and State laws or regulations in effect at the location of those signs or at the location of the activity.

13.6.2 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

13.6.3 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

13.6.4 Obsolete signs.

13.6.5 Signs which are structurally unsafe or in disrepair.

13.6.6 Signs which move or have any animated or moving parts except as provided in subsection 13.8 below.

13.6.7 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot (85 M.P.H. winds).

13.7 Size

13.7.1 On premise signs 32 square feet or less are exempt from the provisions of this section.

13.7.2 A sign advertising the sale or lease of property shall not exceed square feet in area.

12 SF-Residential

32 SF-Commercial

13.7.3 Signs greater than 32 square feet shall be considered on premise if they meet the conditions as defined in subsections 13.3 and 13.4.

13.7.4 All measurements shall include border and trim but shall exclude supports.

13.8 Lighting

13.8.1 On premise signs may be illuminated subject to the following:

13.8.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or, moving light or lights are prohibited except as provided in subsection 13.8.1.4.

13.8.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

13.8.1.3 A sign may be so illuminated provided it does not interfere with the effectiveness of or obscure an official TCD.

13.8.1.4 Variable Message Signs (VMS) may be changed at intervals by electronic or mechanical process or remote control provided that:

13.8.1.4.1 Each message remains fixed for a minimum of at least 10 seconds.

13.8.1.4.2 When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing simultaneously and in unison.

13.8.1.4.3 A variable message sign must contain a default design that will freeze the sign in one position if a malfunction occurs or, in the alternative, that will shut down.

13.8.1.4.4 A variable message sign may not contain or display any lights, effects, or messages that flash, move, appear to be animated or to move, scroll, or change in intensity during the fixed display period. A variable message sign must appropriately adjust display brightness as ambient light levels change.

13.8.1.4.5 A sign that attempts or appears to attempt to direct the movement of traffic or which contains wording, color, shapes, or likenesses of official traffic control devices is prohibited.

13.9 Spacing

13.9.1 Spacing requirements shall not apply to "on premise" signs except for sale or lease signs shall be limited to a total of two for any one property.

13.10 Decorative Residential Subdivision Signs

13.10.1 Decorative residential subdivision signs which basically indicate the name of the individual suburban community are, for the purposes of these rules and regulations, considered a type of on premise signs and are allowable provided:

13.10.1.1 They are erected within the subdivision limits,

13.10.1.2 The prime intent is identification of the subdivision,

13.10.1.3 They have received prior approval from the Division and

13.10.1.4 They meet all eligibility tests specified in this paragraph.

13.10.1.5 The provisions in this section apply to decorative residential subdivision signs erected adjacent to any state maintained roadway within this State.

13.10.2 The following signs are expressly prohibited:

13.10.2.1 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic,

13.10.2.2 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features,

13.10.2.3 Obsolete signs,

13.10.2.4 Signs which are structurally unsafe or in disrepair,

13.10.2.5 Signs which move or have any animated or moving parts,

13.10.2.6 Signs located in rest areas or park lands,

13.10.2.7 Signs containing the names of builders or developers.

13.10.3 Placement

13.10.3.1 New signs shall be placed on an established easement, or private property at the entrance to the subdivision. In areas where no easement is available due to limited site frontage, or placement on private property is not possible, provisions may be made to locate the sign within the right-of-way provided that:

13.10.3.1.1 Signs shall be compliant with the standards as set forth under the National Cooperative Highway Research Program 350 (NCHRP 350), the Manual for Assessing Safety Hardware (MASH), or the most current version in effect at the time.

13.10.3.1.2 Signs do not present a sight distance or safety hazard.

13.10.3.1.3 A right-of-way use agreement is executed with the Department.

13.10.4 Lighting

13.10.4.1 Signs may be illuminated subject to the following:

13.10.4.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited. The use of a variable message sign (VMS) as defined in Section 4.0 of these regulations shall be prohibited for decorative residential subdivision signs.

13.10.4.1.2 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any highway or which are of such intensity or brilliance as to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

13.10.4.1.3 No sign may be so illuminated as to interfere with the effectiveness of or obscure an official TCD.

2 Del. Admin. Code § 2601-13.0

18 DE Reg. 999 (6/1/2015)
19 DE Reg. 1029 (5/1/2016) (Final)