Home Table of Contents

§ 2718.105. Control criteria for size, spacing and lighting

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 36 P.S. Highways and Bridges

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 36 P.S. Highways and Bridges
Chapter 6. Public Roads in General (Refs & Annos)
Outdoor Advertising Control Act of 1971
36 P.S. § 2718.105
§ 2718.105. Control criteria for size, spacing and lighting
Currentness
(a) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this act and with customary use in this Commonwealth, the secretary shall strictly adhere to the criteria prescribed by this section in promulgating regulations to effectively control those signs, displays and devices provided for under clause (1)(iv) through (vi) of section 41 of this act and erected subsequent to the effective date of this act: Provided, however, That such regulations shall not apply to outdoor advertising devices erected within six months after the effective date of this act under a lease dated prior to the effective date of this act and filed with the department and recorded in the recorder's office of the county in which the device would be located within thirty days following the effective date of this act: And, provided further, That should any outdoor advertising device excluded from such regulations fall into such state of disrepair that it becomes necessary to rebuild or repair a major portion of the physical structure of such outdoor advertising device, then, in such event, such outdoor advertising device, if rebuilt or repaired, shall thereafter conform to such regulations at no cost to the Commonwealth. Exception may be made for signs destroyed due to vandalism or other tortious acts.
(b) In zoned commercial or industrial areas, the secretary may certify to the Secretary of Transportation of the United States as notice of effective control, that there has been established within such areas regulations which are enforced with respect to the size, lighting and spacing of outdoor advertising devices. In such areas, the size, lighting and spacing requirements set forth below shall not apply. For the purposes of this subsection, requirements as to the number or total size of signs, displays or devices permitted on a single plot or parcel of land will be considered to be a spacing requirement.
(c) In all other zoned and unzoned commercial or industrial areas, the criteria set forth below shall apply:
(1) Size of signs:
(i) The maximum area for any one sign shall be twelve hundred square feet with a maximum height of thirty feet and maximum length of sixty feet, inclusive of any 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 six hundred square feet in area may not be double-faced (abutting and facing the same direction).
(2) Spacing of signs:
(i) Along the interstate system and limited access highways on the primary system, no two sign structures shall be spaced less than five hundred feet apart; and outside the boundaries of cities of all classes and boroughs, no structure may be erected adjacent to or within five hundred 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 three hundred feet apart if outside cities of all classes and boroughs, nor less than one hundred feet apart if within such cities and boroughs.
(iii) These spacing provisions shall 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, as defined in section 131(c) of Title 23, United States Code, shall not be counted nor shall 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:
(i) No sign will be permitted which is not effectively shielded so as to prevent beams or rays of light from being directed at any 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 any vehicle, or which interferes with any driver's operation of a motor vehicle.
(ii) No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(iii) Lighting of all signs shall be subject to all other provisions relating to lighting of signs along highways under the jurisdiction of the department.
(iv) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.
(d) The Commonwealth and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes and the action of the Commonwealth and local political subdivisions in this regard will be accepted for the purposes of this act. At any time, that a political subdivision adopts regulations which include the size, spacing and lighting of outdoor advertising devices, the secretary may so certify to the Secretary of Transportation of the United States and control of outdoor advertising in commercial or industrial areas will transfer to subsection (b) under this section.

Credits

1971, Dec. 15, P.L. 596, No. 160, § 5, imd. effective. Amended 1975, Dec. 19, P.L. 565, No. 161, § 1, imd. effective.

Footnotes

1
36 P.S. § 2718.104.
36 P.S. § 2718.105, PA ST 36 P.S. § 2718.105
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document