Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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.