2 Del. Admin. Code § 2601-15.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 2601-15.0 - Standards for Outdoor Advertising Signs, Displays, and Devices in Areas Zoned Industrial or Commercial Within the Controlled Area15.1 General 15.1.1 Except as otherwise provided in these regulations, no signs, displays, or devices will be permitted to be erected or maintained unless it is within an area zoned as commercial or industrial under authority of State law. Permits shall be required for all such signs. Applications and permits shall be processed in accordance with procedures promulgated by the Department.15.1.2 Signs, displays, and devices erected and maintained within all other zoned industrial and commercial areas shall be subject to the following conditions and requirements.15.1.3 On-premise signs, displays, and devices which do not meet criteria set forth in Section 13.0 shall be considered "off-premise" advertising and shall be subject to the following conditions and requirements.15.2 The following signs shall be prohibited: 15.2.1 Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.15.2.2 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.15.2.3 Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.15.2.5 Signs which are structurally unsafe or in disrepair.15.2.6 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot, whichever is greater.15.3 Size 15.3.1 The maximum area for any outdoor advertising sign facing shall be 1,200 square feet with a maximum height of 25 feet and a maximum length of 60 feet.15.3.2 The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.15.3.3 All dimensions shall include border and trim but shall exclude supports.15.3.4 A sign structure may contain one or two signs per facing and two sign facings may be placed back to back or V-type at one location but in no event shall the total area of any facing exceed 1,200 square feet.15.3.5 A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.15.4 Lighting 15.4.1 Signs may be illuminated, subject to the following restrictions: 15.4.1.1 Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except as defined in subsection 15.4.1.5 below.15.4.1.2 Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of any highway and which are of such intensity or brilliance as to cause glare or to impair the vision of a driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle are prohibited:15.4.1.3 Signs so illuminated as to interfere with the effectiveness of, or obstructs an official TCD is prohibited.15.4.1.4 All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Department.15.4.1.5 Variable Message Signs (VMS) may be changed at intervals by electronic process or remote control provided that: 15.4.1.5.1 Each message remains fixed for a minimum of at least 10 seconds.15.4.1.5.2 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.15.4.1.5.3 A VMS 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.15.4.1.5.4 A VMS may not contain or display any lights, effects, or messages that flash, move, appear to be animated or move, scroll, or change in intensity during the fixed display period.15.4.1.5.5 A VMS must appropriately adjust display brightness as ambient light levels change.15.4.1.5.6 A VMS 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.15.4.1.5.7 A VMS providing public service information such as time, temperature, weather or traffic conditions is permitted provided that the addition or interpolation of any advertising text, illustration, or message of any kind is prohibited and that such signs follow the other provisions of this section.15.4.1.5.8 A VMS may not be placed along designated scenic or historic byways.15.4.1.5.9 Except for official Department use, a VMS may not be placed along the portion of State Route 1 from the point at which it merges with U.S. Route 13 below State Route 71 to the point where it merges with the southbound on-ramp of State Route 9.15.5 Spacing 15.5.1 For Interstate and controlled access highways, the structure for outdoor advertising sign shall be at least 500 feet from any similar structure.15.5.2 For non-controlled access highways, outside incorporated areas, the structure for any sign shall be at least 300 feet from any similar structure. For non-controlled access highways within incorporated areas, the structure for any sign shall be at least 100 feet from any similar structure.15.5.3 When structures are separated by building or other artificial obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at one time, variances may upon application be granted by the Department.15.5.4 The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and is applicable only to structures located on the same side of the highway.15.5.5 Outside incorporated areas outdoor advertising signs shall be located 500 feet (minimum from any interchange, intersection, at grade, safety rest area or information center (measured along the Interstate or freeway from the beginning or ending of pavement widening at the exit or entrance to the main traveled way).15.5.6 Except for roof signs, wall signs and free standing signs against the wall of a building, no ground signs shall be placed within 35 feet of either highway right of way at an intersection where they converge, unless the base of such sign is at least 8 feet above ground level or road bed, whichever is higher.15.5.7 Official and "on premise" signs, as defined in these regulations shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.15.5.8 A VMS along the same roadway and facing in the same direction of travel may not be placed, as measured along the center line of the roadway, within 2,500 feet of another VMS, or within 500 feet of a static outdoor advertising sign, or within 1,000 feet of an interchange, interstate junction or merging or diverging traffic, or an at-grade intersection.15.6 Non-Conforming Signs 15.6.1 Legally erected signs found not to be in compliance with the spacing requirements of this section shall be determined to be a non-conforming sign and shall be purchased as provided by State law and in accord with Policy and Procedures developed and adopted by the Department.15.6.2 In any instance where it is found that two or more signs do not meet spacing requirement, the date of the issuance of the original permit shall control with the older being allowed to remain.15.7 Control by Political Subdivisions 15.7.1 At any time that a political subdivision adopts comprehensive zoning that provides for and enforces regulation of size lighting and spacing of signs in commercial and industrial zones and applies for and is certified by the Department under the provisions of Section 20.0 of these regulations, control shall pass to such political subdivision. Certification is at the sole discretion of the Department.2 Del. Admin. Code § 2601-15.0
18 DE Reg. 999 (6/1/2015)
19 DE Reg. 1029 (5/1/2016) (Final)