Section 445.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The Outdoor Advertising Control Act of 1971 (36 P. S. § § 2718.101—2718.115).

Advertising device—A sign as defined in this chapter.

Area clearly established by law as industrial or commercial—A zoned commercial or industrial area.

Back to back sign—A single structure having two parallel and directly opposite faces, oriented in opposite directions and spaced no more than 10 feet apart.

Centerline of the highway—A line equidistant from the edges of the median separating the main-traveled ways of a divided highway, or the center-line of the main-traveled way of a nondivided highway.

Commercial or industrial activities—Those activities generally recognized as commercial or industrial by zoning laws in this Commonwealth, except that none of the following activities shall be considered commercial or industrial:

(i) Outdoor advertising signs.

(ii) Agricultural, forestry, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.

(iii) Activities not visible from the main-traveled way.

(iv) Activities conducted in a building principally used as a residence.

(v) Railroad tracks and minor sidings.

Department—The Department of Transportation of the Commonwealth.

Directional and official signs and notices—Only official signs and notices, public utility signs, service club and religious notices, public service signs and directional signs.

Directional informational signs—Signs which existed on June 1, 1972, and contained specific directional information of a nature not defined under the directional and official signs and notices or the directional signs categories. These signs shall be limited to those devices which provide specific directional information for the traveling public to the following facilities: food services, lodging, gasoline and automotive services, truck stops, campgrounds, resorts, tourist attractions, natural wonders, scenic and historical sites and areas of outdoor recreation.

Entrance roadway—A public road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of an interstate or primary highway from the general road system, irrespective of whether traffic may also leave the main-traveled way by the road or turning roadway.

Erect—To construct, build, assemble, place, affix, attach, create, paint, draw or bring into being or establish. The term does not include the foregoing activities when performed as an incident to the change of advertising message or customary maintenance and repair of a sign or sign structure. Customary maintenance and repair does not include major physical changes such as increase in size or height or addition of or change in lighting.

Exit roadway—A public road or turning roadway including deceleration lanes, by which traffic may leave the main-traveled way of an interstate or primary highway to reach the general road system, irrespective of whether traffic may also enter the main-traveled way by the road or turning roadway.

Federal or State law—A Federal or State constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a State or Federal agency or a political subdivision or school district under a Federal or State constitution or statute.

Freeway—A limited access highway.

Highway, road or street—A public right-of-way improved primarily for vehicles. Unimproved rights-of-way, private roads and drives are not to be regarded as highways, roads or streets.

Incorporated municipalities—Cities of all classes, boroughs, towns and first-class townships.

Information center—An area or site established for the purpose of informing the public of places of interest within this Commonwealth and providing other information that the Secretary may consider desirable.

Interstate system—That portion of the National system of interstate and defense highways located within this Commonwealth, as officially designated, or as may hereafter be so designated, by the Secretary and approved by the United States Secretary of Transportation, under 23 U.S.C.A. § 103 (relating to highways).

Limited access highway—A public highway to which owners or occupants of abutting property or the traveling public have no right of ingress or egress to, from or across the highway, except as may be provided by the authorities responsible therefore.

Maintain—To allow to exist.

Main-traveled way—The traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. The term does not include such facilities as frontage roads, turning roadways or parking areas.

Nonconforming sign—A sign which was legally erected but which does not conform to the requirements of the act.

Official signs and notices—Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or nonprofit historical societies may be considered official signs.

Parkland—A publicly-owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

Premises—The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings 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 the buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on the land are to be considered off-premise advertising:

(i) Land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(ii) Land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

(iii) Land which is more than 100 feet from the principal activity, and in closer proximity to the highway than to 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 whose purpose is for advertising purposes only. In no event may a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the advertised activity is located.

Primary system—That portion of connected main highways located within this Commonwealth which now or hereafter may be designated officially by the Secretary and approved by the Secretary of Transportation of the United States under 23 U.S.C.A.

Public service signs—Signs located on school bus stop shelters, which signs:

(i) Identify the donor, sponsor or contributor of the shelters.

(ii) Contain public service safety slogans or messages, which shall occupy not less than 50% of the area of the sign.

(iii) Contain no other message.

(iv) Are located on school bus shelters which are authorized or approved by city, county or State law, regulation or ordinance and at places approved by the city, county, State or other agency controlling the highway involved.

(v) May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

Public utility signs—Warning signs, informational signs, notices or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

Route—Highway, or part thereof, or combination of highways designated by the same letter, name or number (for example, I-80, US 322, PA 309, Susquehanna Trail) under the provisions of section 204 of the State Highway Law (36 P. S. § 670-204), and commonly known as a numbered traffic route.

Rural area—An area not included in an urban area.

Safety rest area—An area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control, for the convenience of the traveling public.

Scenic area—An area of particular scenic beauty or historical significance as determined by the Federal, State or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty.

Secretary—The Secretary of the Department of Transportation of the Commonwealth.

Service club and religious notices—Signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed 8 square feet in area.

Sign—An outdoor sign, display, light, figure, painting, drawings, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform. The word, ‘‘sign,’’ as used in this chapter is synonymous with the phrase, ‘‘outdoor advertising device,’’ as defined in the act.

Trade name—Brand name, trademark, distinctive symbol or other similar device or thing used to identify particular products or services.

Traveled way—The portion of a roadway for the movement of vehicles, exclusive of shoulders.

Turning roadway—A connecting roadway for traffic turning between two intersecting legs of an interchange.

Unzoned commercial or industrial area—An area which is not zoned by State or local law, regulation or ordinance and on which there is located one or more commercial or industrial activities and the area along the highway extending outward 800 feet from and beyond the edge of the activity. Unzoned commercial and industrial areas do not include land on the opposite side of the highway from the activities except that on two or three-lane noncontrolled access highways the unzoned commercial or industrial area may be located on the opposite side of the highway from the commercial or industrial activity, if, in the opinion of the Secretary, the topographical conditions on the same side of the highway as the activity are such that it is not reasonably usable, and provided that the land on the opposite side of the highway has not been designated scenic by the Department. In no event may the unzoned commercial or industrial area be located on both sides of the highway. Measurements shall be from the outer edges of the regularly used building, 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.

Urban area—An urbanized area or an urban place designated by the United States Bureau of Census as having a population of 5,000 or more and whose boundaries have been approved by the Secretary of the United States, Department of Transportation.

V-type sign—A single structure having two faces in the shape of the letter ‘‘V’’ when viewed from above, with the faces oriented in opposite directions.

Visible—Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

Zoned commercial or industrial area—An area which is reserved for business, industry, commerce, trade or other business of any type or category under a State or local zoning law, ordinance or regulation.

The provisions of this § 445.2 adopted May 12, 1972, effective May 13, 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; amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267.

Notation

Notes of Decisions

Construction

The Department of Transportation’s interpretation of what constitutes an ‘‘on-premises’’ sign is clearly erroneous, as it is inconsistent with the express provisions of the definition of ‘‘premises.’’ A regulation must be construed, if possible, to give effect to all of its provisions, and every word is to be given meaning and not treated as surplusage. Highway News, Inc. v. Department of Transportation, 789 A.2d 802 (Pa. Cmwlth. 2002).

Nonconforming

In determining whether less than 50% of the storm damaged nonconforming sign remained ‘‘intact,’’ thus precluding the sign owner from repairing or rebuilding the sign located in the residentially zoned area, the Department improperly expanded the meaning of ‘‘intact’’ to include the concept of ‘‘upright’’ and ‘‘in place.’’ Martin Media v. Department of Transportation, 641 A.2d 630 (Pa. Cmwlth. 1994).

Presumption of Validity

Defining ‘‘zoned commercial or industrial area’’ as an area clearly established as industrial or commercial was not abuse of discretion by the Department of Transportation. Generally, in the absence of such abuse of discretion, a regulation promulgated by a State agency is presumed valid. Kasha v. Department of Transportation, 782 A.2d 15 (Pa. Cmwlth. 2001).