Pennsylvania Code (Last Updated: April 5, 2016) |
Title 67. TRANSPORTATION |
PART I. Department of Transportation |
Subpart B. Nonvehicle Code Provisions |
Article III. Highways |
Chapter 445. Outdoor Advertising Devices |
Section 445.5. On-premise signs
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(a) Application. This section applies to signs which:
(1) Advertise the sale or lease of the premises on which they are located.
(2) Advertise activities conducted on the premises on which they are located.
(b) General provisions. An on-premise sign may not be erected or maintained, in a manner inconsistent with the following criteria:
(1) A sign may not be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles an official traffic sign, signal or device.
(2) A sign may not be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.
(3) A sign may not be permitted which contains, includes or is illuminated by a flashing, intermittent or moving light or lights.
(4) A lighting may not be permitted to be used in any way in connection with any sign unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any drivers operation of a motor vehicle.
(5) A sign may not be permitted which moves or has any animated or moving parts.
(6) A sign may not be permitted to be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(c) Restrictions along interstate highways.
(1) Not more than one sign advertising the sale or lease of the same premises may be permitted to be visible to traffic proceeding in any one direction on an interstate highway.
(2) Not more than one sign, visible to traffic proceeding in any one direction on any interstate highway and advertising activities being conducted upon the premises where the sign is located, may be permitted more than 50 feet from the advertised activity.
(3) A sign, except a sign not more than 50 feet from the advertised activity, that displays a trade name which refers to or identifies a service rendered or product sold, used or otherwise handled off the premises, may not be permitted unless the name of the activity conducted on the premises is displayed as conspicuously as the trade name; provided, however, that this section does not apply to trade names which identify or characterize:
(i) Public places operated by Federal, State or local governments.
(ii) Natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation.
(iii) Places for camping, lodging, eating and vehicle service and repair.
(iv) Vehicle service, equipment, parts, accessories, fuels, oils or lubrications being offered for sale at a place of the type listed in subparagraphs (i)(iii).
(4) If a sign which has an area of 6 square feet or which is in excess of 3 feet in any dimension consists principally of brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, or if it brings rental income to the property owner, it shall be considered outdoor advertising and not an on-premise sign; except that this provision does not apply to trade names which identify or characterize public places operated by Federal, State or local governments; natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation; or places for camping, lodging, eating and vehicle service and repair; or to trade names which identify vehicle service, equipment, parts, accessories, fuels, oils and lubrications being offered for sale at such a place.
(5) A sign is not permitted to exceed 20 feet in length or height, or 150 square feet in area, including border and trim but excluding supports, except signs not more than 50 feet from, and advertising activities being conducted upon, the premises where the sign is located.
The provisions of this § 445.5 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.
Notation
This section cited in 67 Pa. Code § 445.6 (relating to permits).