2 Del. Admin. Code § 2601-17.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 2601-17.0 - Maintenance of Signs17.1 General17.1.1 All signs within the controlled areas shall be maintained in a good state of repair at all times. When any sign is damaged or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified by Certified Mail to make all necessary and allowable repairs. If the sign is not repaired, rebuilt, or removed within six months of said notification the applicable sign permit shall lapse and become null and void. In these cases where permits are not required, such signs will be considered as being abandoned and will be removed by the Department.17.2 Alterations17.2.1 The size and shape of signs may be altered during repair with the exception of non-conforming signs providing that:17.2.1.1 At least ten working days prior to beginning of alterations written notice is furnished to the Department fully defining the nature and extent of the proposed alterations.17.2.1.2 Alterations do not exceed permit limits and17.2.1.3 Other requirements of these regulations are met.17.3 Relocation of Signs 17.3.1 With the exception on non-conforming signs, signs may be relocated provided they meet all criteria and requirements of these regulations. Any sign moved to a new location will require a new permit and permit number and will be considered and processed as a new sign.17.4 Maintenance of Non-conforming Signs17.4.1 General 17.4.1.1 Non-conforming signs may be maintained or rebuilt when destroyed by vandalism providing they are rebuilt to substantially be the same as they are in existence on June 30, 1970. Such signs may continue as long as they are not abandoned, destroyed or discontinued.17.4.2 Discontinued signs17.4.2.1 A non-conforming sign which has displayed obsolete or damaged advertising matter or has not displayed advertising matter for a period of six months subsequent to receipt of written notice from the Department shall be considered as a discontinued sign and shall be required to be removed by the owner without compensation.17.4.3 Abandoned signs17.4.3.1 Non-conforming signs which are in need of substantial repair either to the face or support structure and are not repaired within a period of six months after receipt of written notice from the Department shall be considered as an abandoned sign and shall be required to be removed by the owner without compensation.17.4.4 Destroyed signs 17.4.4.1 Non-conforming signs which have been damaged, except by vandalism by Acts of God, to the extent that the cost of reconstructing the sign exceeds 50% of the sign if it were constructed new shall be considered as being destroyed and shall be required to be removed by the owner without compensation.17.4.5 Owners Liability 17.4.5.1 All costs incurred by the Department shall be the responsibility of the sign owner of any signs listed in subsections 17.4.2, 17.4.3 and 17.4.4 of this section that are removed by Division personnel.2 Del. Admin. Code § 2601-17.0
18 DE Reg. 999 (6/1/2015) (Final)