§ 445.4. Signs in zoned or unzoned commercial or industrial areas.
(a) Application. This section applies to signs erected on or after December 15, 1971, as follows:
(1) In zoned or unzoned commercial or industrial areas along those portions of the interstate system constructed on right-of-way any part of the width of which was acquired on or before July 1, 1956.
(2) In areas zoned commercial or industrial along the interstate system and lying within the boundaries of an incorporated municipality as such boundaries existed on September 21, 1959, or in another area along the interstate system which, as of September 21, 1959, was clearly established by law as industrial or commercial.
(3) In zoned or unzoned commercial or industrial areas along the primary system.
(b) Maintenance. A sign may not be erected or maintained inconsistent with the following criteria:
(1) Size of signs. Size of signs shall include:
(i) The maximum area for one sign shall be 1200 square feet with a maximum height of 30 feet and maximum length of 60 feet, inclusive of a border and trim but excluding the base or apron, supports and other structural members.
(ii) The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.
(iii) A sign structure may contain one or two signs per facing and may be placed double-faced, back to back or V-type.
(iv) Signs which exceed 600 square feet in area may not be double-faced (abutting and facing the same direction).
(2) Spacing of signs. Spacing of signs shall include the following:
(i) Along the interstate system and limited access highways on the primary system, no two sign structures may be spaced less than 500 feet apart; and outside the boundaries of cities of all classes and boroughs, no structure may be erected adjacent to or within 500 feet of an interchange or safety rest area, measured along the interstate or limited access primary from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.
(ii) Along nonlimited access highways on the primary system, no two structures shall be spaced less than 300 feet apart if outside cities of all classes and boroughs, nor less than 100 feet apart if within the cities and boroughs.
(iii) These spacing provisions do not apply to sign structures separated by a building or other obstruction in such a manner that only one sign facing located within these spacing distances is visible from the highway at any one time.
(iv) Official and on-premise signs may not be counted nor may measurements be made from them for purposes of determining spacing requirements.
(v) The distance between sign structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along the same side of the traveled way.
(3) Lighting of signs. The lighting of signs includes the following:
(i) A sign may not be permitted which is not effectively shielded so as to prevent beams or rays of light from being directed at a portion of the traveled ways of the interstate or primary systems or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of a vehicle, or which interferes with a driver’s operation of a motor vehicle.
(ii) A sign may not be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(iii) Lighting of signs shall be subject to other provisions relating to lighting of signs along highways under the jurisdiction of the Department.
(iv) Signs which contain, include or are illuminated by a flashing, intermittent or moving light or lights shall be prohibited, except those giving public service information such as time, date, temperature, weather or similar information.
(4) General provisions. General provisions shall comply with the following:
(i) Signs may not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver’s view of approaching, merging or intersecting traffic.
(ii) Signs may not be erected or maintained which imitate or resemble any official traffic sign, signal or device.
(iii) Signs may not be erected or maintained upon trees or painted or drawn upon rocks or natural features.
(iv) Signs which are structurally unsafe may not be erected or maintained. If a sign is determined by the Department to be structurally unsafe, a reasonable time will be accorded the owner to make necessary repairs. If necessary repairs are not made within a reasonable time following notice given by the Department, the signs will be subject to removal by the Department under section 10 of the act (36 P. S. § 2718.110).
Source The provisions of this § 445.4 adopted May 12, 1972, effective May 18, 1972, 2 Pa.B. 845; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.
Notes of Decisions Exceptions
Advertiser’s double-faced sign advertising off-premises activity within 500 feet of an interchange was not exempted from the prohibition of sign under this section because it was only visible to a motorist on one side of the road. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).
Advertiser’s sign structure on its property advertising on-premise activity was within the exception of prohibiting the advertisement of off-premise activity within 500 feet of an interchange. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).
The Department’s interpretation of ‘‘the exit or entrance,’’ in this section to mean all entrances or exits from the sign was upheld because the petitioner could not prove the interpretation to be plainly erroneous. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).
Petitioner’s sign structure on its property advertising on-premise activity was found to be within the exception of prohibiting the advertisement of off-premises activity within 500 feet of an interchange. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).
Petitioner’s assertion that its double-faced sign advertising off-premises activity within 500 feet of an interchange should be exempted from the prohibition of sign under this section because it was only visible to a motorist on one side of the road was denied as the petitioner failed to prove that the Department’s interpretation was plainly erroneous. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).
Pavement Defined
Although the word ‘‘pavement’’ is not defined in the Outdoor Advertising Control Act of 1971 or the Pennsylvania Administrative Code, the Department of Transportation properly relied upon ‘‘pavement’’ to be the paved portion of the roadway and exit, exclusive of the shoulder, as distinguished from the markings painted on the paved portion. Media v. Department of Transportation, 700 A.2d 563 (Pa. Cmwlth. 1997).
Rational Basis
The restriction which limits the use of flashing, intermittent or moving lights to public service information is consistent with the legislative intent to limit advertising along roadways. Corteal v. Department of Transportation, 821 A.2d 173 (Pa. Cmwlth. 2003).
Cross References This section cited in 67 Pa. Code § 445.6 (relating to permits).
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