CHAPTER 633

AN ACT TO AMEND CHAPTER 11, TITLE 17 OF THE DELAWARE CODE RELATING TO OUTDOOR ADVERTISING AND THE CONTROL THEREOF IN AREAS ADJACENT TO THE PUBLIC HIGHWAYS AND PUBLIC LANDS OF THIS STATE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 17, Section 1102, of Delaware Code by adding a new line (7) to paragraph (10) of subsection (b) which line shall read as follows: "(7) Activities not visible from the main traveled way."

Section 2. Amend Title 17, Section (b) (12) by striking the entire paragraph (12) and inserting in lieu thereof the following paragraph:

"Unzoned commercial or industrial areas" mean those areas not zoned by any State, County or local ordinance or regulations on which there is located one or more permanent structures devoted to a business or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of the pavement of the highway."

Section 3. Amend Title 17, Section 1103 (a) by inserting the phrase "are effective and" after the word "which" on the third line of said paragraph.

Section 4. Amend Section 1103 (b) (1) by striking the heading "Size of Signs" and inserting in lieu thereof: "Construction of Signs" and to further amend (1) by adding a new paragraph worded as follows:

"(e) All newly erected, rebuilt or replaced sign structures shall be constructed in accordance with the applicable wind pressure standards of the local building code; or, in the absence of such requirement, shall be constructed to withstand a minimum wind pressure of 25 pounds per square foot."

Section 5. Amend Section 1103 (b) (2) (a) (1) by adding the following sentence:

"Except for roof signs, wall signs and free standing signs against the wall of a building, no ground sign shall be placed within 35 feet of either highway right-of-way at an intersection where they converge, unless the base of such sign shall be at least 8 feet above ground level or road bed, whichever is higher."

Section 6. Amend Title 17, Section 1103 (b) (2) by striking the words "villages and cities" where they appear in subparagraphs (b) (2), (c) (1), and (c) (2) thereof and inserting in lieu thereof the words "incorporated cities and towns".

Section 7. Amend Title 17, Section 1104 by striking the entire unnumbered paragraph in sub-section (a) paragraph 2 which said paragraph begins with the words "Such regulations shall..." and ends with the words "United States Code."

Section 8. Amend Title 17, Section 1105 (c) by inserting the following words after the phrase "provided, however":

"that all new permits issued shall expire at the next regular renewal period established by the Department." The phrase immediately following "No permit, etc." shall begin a new sentence.

Section 9. Amend Section 1105 by adding the following paragraph:

"(f) All sign permits issued under this Section shall terminate and become void if the sign structure for which the permit is issued is not under construction within six months and is not fully constructed in full compliance with the terms of this Act within one year after its issuance. Under no circumstances shall there be any refund of a permit fee which has become void."

Section 10. Amend Title 17, Section 1109 (c) by striking "or any school bus waiting shelter displaying outdoor advertising signs" and insert, in lieu thereof, the following:

"or any outdoor advertising signs displayed on any school bus waiting shelter located and approved by the State Department of Public Instruction."

Section 11. Amend Title 17, Section 1109 (c) by striking the period at the end of said section and inserting"; "in lieu thereof and adding the words:

"or simple directional signs indicating the site of a place of business located on a side street or road, which location is not easily noticed from the highway."

Section 12. Amend Section 1111 by adding the following paragraph:

"(a) When any sign is damaged, or falls into disrepair to the extent that obvious repair are needed, the owner shall be notified in writing by the Department to make all necessary 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."

Section 13. Amend Section 1121 (7) by adding the fallowing sentence:

"Should the State Department of Instruction determine that there is no longer a need for a waiting shelter at its present location, the exemption provided by this paragraph shall then terminate."

Approved June 30, 1970.