17 DE Code § 1102. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 11. Regulation of Outdoor Advertising|Subchapter I. General Provisions|§ 1102. Scope and definitions.

§ 1102. Scope and definitions. (a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted by or created by or exercised under any other statute, or by a planning or zoning board or authority, or other public officer, but shall be construed as in addition to any such power or authority, which shall remain unaffected. (b) As used in this chapter:  (1) “Commercial or industrial activities for purposes of unzoned commercial and industrial areas” means those activities generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall be considered commercial or industrial:  a. Outdoor advertising structures; b. Forestry, ranching, grazing and farming including, but not limited to, wayside fresh produce stands; c. Transient or temporary activities; d. Activities more than 600 feet from the nearest edge of the right-of-way along the interstate and federal-aid primary route; e. Activities conducted in buildings principally used as a residence; f. Railroad tracks and minor sidings; g. Activities not visible from the main traveled way. (2) “Controlled areas” means and includes any area inside the boundaries of this State which is adjacent to the right-of-way of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas shall be excluded from this chapter. (3) “Department” means the Department of Transportation. (4) “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of a sign or sign structure. (5) “Gateway sign” means any sign, display, or device intended for its purpose to provide information to the travelling public advising motorists that they are entering the boundaries of a political subdivision or established nonincorporated area of the State. A gateway sign may include a slogan or related graphic, or both, subject to the approval of the Department. (6) “Information center” means an area or site established and maintained at a rest area for the purpose of informing the public of places of interest within the State and providing such other information as the Department may consider desirable. (7) “Interstate system” means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, “Highways.” (8) The “laws of this State” shall include a provision of the Constitution or statutes of the State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes. (9) “Maintain” means to allow to exist in accordance with state law. (10) “Outdoor advertising” or “outdoor advertising signs, displays and devices” shall include any outdoor sign, display, device, picture, emblem, trademark, figure, painting, drawing, message, placard, poster, billboard, light or other thing which is designed, intended or used to advertise, to inform or to attract the attention of the traveling public, which is within 660 feet and visible or beyond 660 feet and visible and erected with the purpose of being read from the main traveled way of any state highway. (11) “Primary system” means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, “Highways.” (12) “Rest area” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public. (13) “Unzoned commercial or industrial areas” means those areas not zoned by any state, county or local ordinance or regulation on which there are located 1 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. (14) “Urban areas” means and includes those areas designated as such by the Bureau of the Census and whose boundaries have been approved by the Secretary of the United States Department of Transportation. (15) “Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. (16) “Zoned commercial or industrial areas” means those areas which are zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or regulation, except that those areas beyond 660 feet outside urban areas shall not be recognized as commercial, industrial, unzoned commercial or unzoned industrial in the application of this chapter.42 Del. Laws, c. 182, §  1;  17 Del. C. 1953, §  1102;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  57 Del. Laws, c. 633, §§  1, 2;  60 Del. Laws, c. 290, §  1;  61 Del. Laws, c. 262, §§  1-6;  79 Del. Laws, c. 320, §  1;