(a) For purposes of this § 14-905(11), the "I-95 Acquisition Corridor" shall include all areas within 200 ft. of the Pennsylvania Department of Transportation (PennDOT) right-of-way (as that right-of-way may change from time to time) from Rhawn Street to Arch Street. 752
(b) A structure or outdoor advertising sign that is a lawful use located within the I-95 Acquisition Corridor shall be permitted if relocated within the I-95 Acquisition Corridor, notwithstanding any contrary provisions of this Zoning Code, provided all of the following apply:
(.1) The owner or tenant of the structure or outdoor advertising sign has received a Declaration of Taking, a Notice of Acquisition or a Notice of Relocation Eligibility from PennDOT or its agent with respect to such structure or outdoor advertising sign, or has moved its structure or outdoor advertising sign as a result of receiving one of the aforesaid notices;
(.2) The owner or tenant files an Application for Relocation, in a form required by L&I, within three years after receiving such Declaration of Taking, Notice of Acquisition or Notice of Relocation Eligibility or has moved its structure or outdoor advertising sign as a result of receiving one of the aforesaid notices;
(.3) The proposed new location of the structure or outdoor advertising sign is within the I-95 Acquisition Corridor and is within 350 ft. of the existing location of the structure or outdoor advertising sign;
(.4) The proposed new location of the structure or outdoor advertising sign is zoned industrial or commercial;
(.5) The dimensions and height of the relocated structure or outdoor advertising sign do not exceed the dimensions and height of the existing structure or sign at the time of the filing of the Application for Relocation;
(.6) The size of the face of the relocated outdoor advertising sign is not greater than 1,200 sq. ft. with a maximum height of 30 ft. and a maximum length of 60 ft. inclusive of any border of trim but excluding the base or apron, supports or other structural members. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign;
(.7) Where the relocated outdoor advertising sign exceeds 600 sq. ft. in area, it is not double-faced (abutting and facing the same direction);
(.8) The distance between the relocated structure or outdoor advertising sign and any residentially- zoned property is not less than that required by any other applicable provision of this Zoning Code at the time of the filing of the Application for Relocation; except where the distance between a legally existing structure or outdoor advertising sign and any residentially-zoned property is less than the distance required by this Zoning Code and the proposed new location does not meet the required distance from any residentially-zoned property, the relocated structure or outdoor advertising sign shall be at least the same distance from any residentially- zoned property as the existing structure or outdoor advertising sign;
(.9) The relocated outdoor advertising sign is not located within 500 ft. of any other outdoor advertising sign as measured along the nearest edge of the pavement between points directly opposite the outdoor advertising signs along the same side of the traveled way;
(.10) The relocated outdoor advertising sign does not include lights which are of such intensity or brilliance as to cause glare or impair the vision of a driver of any vehicle, interfere with any driver's operation of a motor vehicle, or are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of I-95;
(.11) The relocated outdoor advertising sign is not illuminated such that it interferes with the effectiveness of or obscures an official traffic sign, device or signal;
(.12) The relocated outdoor advertising sign is consistent with all other provisions relating to lighting of signs along State highways;
(.13) The relocated outdoor advertising sign is not a non-accessory changeable electronic variable message sign; and
(.14) The owner or tenant has not previously relocated the structure or outdoor advertising sign pursuant to the provisions of this § 14-905(11).
(c) None of the provisions of this § 14-905(11) shall have any impact upon the duty of an owner or tenant to move its structure or outdoor advertising sign when given notice to vacate by PennDOT.
Notes
| 752 | Amended, Bill No. 120417 (approved July 17, 2012), effective August 22, 2012. |