Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2600 - Division of Maintenance and Operations
2601 - Outdoor Advertising
Section 2601-13.0 - Standards for On Premise Signs
Universal Citation: 2 DE Admin Code 2601-13.0
Current through Register Vol. 28, No. 3, September 1, 2024
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.
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