Blog: Upper Providence Management Makes a Zoning Exception for Advertising Vehicles

Editor's Note: This blog and all others express opinions that do not necessarily reflect those of Phoenixville Patch. Everyone is welcome to blog on the site, within our Terms of Use. For more information, e-mail Lynn.Jusinski@patch.com.

My neighbor John is a very thoughtful, articulate guy. He cares about what's happening in and around Oaks, the impacts of development, the future effects of increased traffic and he's very concerned about fair play.  

A few weeks back, about the time our Supervisors had their knickers in a knot about a , he noticed a truck blocking the view of approaching traffic at the intersection of Mill and Egypt roads.  

Because the dustup about the  was about impaired sight distances, John felt compelled to tell the Township that another unsafe situation existed a few blocks away in the center of the busy Egypt Road commercial area and while he was at it, reminded the Township that it was inappropriate for the truck to be placed there as an advertising vehicle. Take a look at the photos. A business vehicle, blatantly and quite effectively advertising basement waterproofing services, sits at the corner of Mill Road and Egypt Road, and has for some time.

It's been there for so long, in fact, that if you click into Google Maps, you will see the aerial imagery of the truck on their website! There it sits, blocking the view of the intersection from the cars waiting to turn from Mill and as it turns out, in violation (or so we believe) of the Township's zoning ordinance about "advertising vehicles."  Here's what the law says:

182-158. Advertising vehicles.
Any vehicle or trailer which is parked on a public right-of-way or on public or private property so as to be visible from a public right-of-way and which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises is hereby deemed to be an advertising vehicle and shall be prohibited.

John sent a note to the Township.  

It's obvious that this vehicle is parked in this location to serve as a billboard advertisement.  In the past, there have also been vehicles in this same lot with streamers, balloons, and metallic spinners, all designed to draw attention to the advertisement. Having distractions like these at a busy intersection impacts public safety, something that, I believe, should concern our township management.

They looked into it. The police did too, the very next day. The police took a look and they said there were no "motor vehicle violations" and kicked the issue back to the Township management. Soon after, the truck disappeared. Then it came back, parked a little farther away from the curb and now facing the opposite direction but still highly visible as a billboard. 

John sent the appropriate form to the Township requesting specific action under the zoning ordinance banning advertising vehicles. He included the same photos that are posted here along with the text from the ordinance.  

The Township responded:

As you have requested over the past six weeks this matter has been investigated by several departments of the Township including the Code Enforcement office, Zoning and the Police. NO Violation of Township Code exists. This is a legally registered and titled vehicle, legally parked on private property, in a Neighborhood Commercial zoning district. There is no violation of the State Motor Vehicle Code. The fact that this commercial vehicle, parked in commercial district happens to have advertising on the side of it does NOT make it a violation of any Township code.

The Township does not anticipate any further action on this matter at this time.

So we're left to wonder if (a) anyone at the Township office bothered to read the ordinance, or (b) someone there knows something about the ordinance that isn't written in the publically available version or (c) someone within the Township is related to the guy who owns the truck. According to the ordinance, there are no exceptions or exemptions.

Is this an oversight? A mistake? A blunder? An exception for friends or relatives? 

I'd like to think it is just a misinformed public servant who wrote an opinion before thoroughly researching the law.  

Heck, if it's legal, every small business should be able to do it. Check out eBay for a cheap panel truck. You can use the Township's letter as a "get out of jail" card.