Dalton City Zoning Code
ARTICLE XI
Signs
§ 400-66 Administration.
A.
Purpose. The purpose of this Article XI is to establish standards for the regulation of signs within Dalton Borough in order to safeguard the public interest and:
(1)
To protect property values within Dalton Borough;
(2)
To preserve the beauty and the unique character of Dalton Borough;
(3)
To promote and aid in the tourist industry of Dalton Borough;
(4)
To protect the general public from damage and injury which may be caused by the faulty construction of signs;
(5)
To protect pedestrians and motorists of Dalton Borough from damage or injury caused or partially attributable to the distractions and obstructions caused by improperly situated signs;
(6)
To promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within Dalton Borough;
(7)
To assure that signage is clear and provides the essential identity or direction to facilities in the community; and
(8)
To enable the fair and consistent enforcement of the sign restrictions throughout Dalton Borough.
B.
Applicability – effect. A sign may be erected, placed, established, painted, created or maintained in the Borough only in conformance with the standards, procedures, exceptions and other requirements of this chapter. The effect of this chapter as more specifically set forth herein is:
(1)
To establish a permit system to allow a variety of types of signs in the various zones, subject to the standards and the permit procedures of this chapter;
(2)
To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;
(3)
To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way; and
(4)
To prohibit all signs not expressly permitted by this chapter.
C.
Requirement of conformity. No sign for which a permit is issued after the effective date of this chapter may be placed or maintained in Dalton Borough except as provided herein. All signs maintained contrary to the provisions of this chapter are declared to be nuisances and, as such, may be abated as provided by law.
§ 400-67 Definitions and interpretation.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in Article III shall be given the meanings set forth in said article. Principles for computing sign area and sign height are contained in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter.
A sign which conveys a commercial or noncommercial message unrelated to the activity conducted on the lot where the sign is located or a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than on the same lot where the sign is located. A structure intended to support or contain such a sign shall also be considered an off-premises advertising sign.
The movement or the optical illusion of movement of any part of the sign structure, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a sign; the movement of a sign set in motion by the atmosphere. Time-and-temperature devices shall be considered animated signs.
A person or entity who applies for a sign permit in accordance with the provisions of this chapter.
In the case of individual letters used as a sign, the area is 90% of the area enclosed within the smallest regular geometric figure needed to completely encompass all letters, insignias or symbols, except as otherwise provided herein. For signs other than individual letters, words, insignias or symbols, the area is the total area of the facing or the total area within the outer edge of any existing border of the sign.
See "changeable panel sign."
Any sign located on or architecturally associated with the exterior face of an automated teller machine.
Signs which are placed on or integrated into fabric or other material canopies which are mounted on the exterior of a building.
 Awning Sign |
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges with no enclosing framework. National flags, state or municipal flags of any institution or business shall not be considered banners.
 Banner Sign |
A type of off-premises advertising sign which conveys a commercial or noncommercial message unrelated to the activity conducted on the lot where the sign is located, or a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than on the same lot where the sign is located. A structure intended to support or contain such a sign shall also be considered a billboard.
For the purposes of this Article XI, "business" shall mean any approved nonresidential use, including commercial, manufacturing and industrial enterprises; public buildings and uses such as public schools, parks, civic centers, municipal buildings; and semipublic buildings and uses, such as churches, firehouses, ambulance buildings, private schools, and libraries.
The name by which a business is commonly recognized and used by the applicant. The applicant shall provide stationary or other supporting documents illustrating the use of the business name or verification of the official business license or tax name. Slogans or product information shall not be considered as the business name.
A three-dimensional structure which includes a frame, borders and sign panel face and may include internal lighting upon which the sign letters and logos are placed or etched and which is architecturally integrated with the building.
Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
 Canopy Sign on Freestanding Canopy |
A sign designed to allow its informational content to be changed or altered.
 Changeable Panel Sign |
Any sign wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
The area of sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
The temporary signs which identify the contractor or subcontractor engaged in the construction, reconstruction or repair of a building or buildings on a lot or parcel or property.
A temporary sign used to identify an approved future development.
A sign which provides a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purposes of giving directions, instruction or facility information and which may contain the name and logo of an establishment but no advertising copy.
 Directory Sign |
A sign with two faces, essentially back to back.
Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, or other entity, which is mounted on a pole, cable or rope at one end.
A sign supported permanently upon the ground by poles or braces and that is not attached to any building.
 Common Freestanding Sign Types |
Any temporary or permanent sign erected and maintained by the Borough, county, state or federal government for traffic direction or for designation of or any school, hospital, historical site, or public service, property or facility.
The introduction, promotion or announcement of a new business, store, shopping center or office, or the announcement, introduction or promotion of an established business changing ownership. A business qualifies for a grand opening sign when it has been closed to the public for a period of 30 days.
A freestanding sign that is architecturally integrated with the building with individually mounted letters and/or logos only. This sign shall be built with continuous background surface built from the ground up.
The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
Any sign erected without first obtaining an approved sign permit, other than nonconforming signs, and which does not meet the requirements of this chapter.
A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
 Incidental Sign |
A source of external illumination located away from the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk or adjacent property.
A cut-out or etched letter or logo which is individually placed on a landscape, screen wall, building wall or ground sign.
A source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of illumination is not visible.
A source of illumination entirely within an individual letter, cabinet or structure, which makes the sign visible at night by means of lighting the background upon which the individual letter is mounted. The letters are opaque and thus are silhouetted against the background. The source of illumination is not visible.
A graphic symbol representing an activity, use or business. Permitted logos shall be registered trademarks or symbols commonly used by the applicant and may include graphic designs in addition to lettering. The applicant shall provide stationary or other supporting documents illustrating the use of the logo.
The replacing or repairing of a part or portion of a sign necessitated by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy.
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
A freestanding cabinet or panel sign mounted on or within a base (above grade), which is detached from any building.
A commercial development in which there exists two or more separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple-occupant commercial use of a single structure.
A small sign which identifies a resident's or home's name and address or the name of a farm, ranch or commercial stable. Such signs may be shingle-, building wall- or archway-mounted signs.
Any sign which is not allowed under this chapter, but which, when first constructed before this chapter was in effect and for which a sign permit was issued, was legally allowed by the Borough.
A person recorded as such on official records. For the purpose of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Zoning Officer.
A two-dimensional visual background behind the sign letters and logos, which is visually separated from the mounting upon which the sign letters and logos are placed by the presence of a border, different colors, different materials, or other technique of visual framing around the letters or logos.
That portion of a building exterior wall projecting above the plate line of the building.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Any sign which is intended to be and is constructed as to be in lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in the ordinance.
The point at which any part of the main roof structure first touches or bears upon an external wall.
A temporary sign which supports candidates for office or urges action on any other matter on the ballot of primary, general and special elections.
Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
 Portable Sign |
Any sign affixed to a building wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
 Projecting Sign |
Unless otherwise expressly provided, "public property" means any and all real or personal property over which the Borough or other governmental entity has or may exercise control, whether or not the government owns the property in fee, including sidewalks, rights-of-ways and improved or unimproved land of any kind and all property appurtenant to it.
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.
No commercial sign shall be erected so as to project beyond a property line, over a public sidewalk or over or within a public right-of-way.
The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
Any sign mounted on the main roof portion of a building or on the topmost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades or pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. See the following illustration for example of roof signs, and comparison of differences between roof and fascia signs.
 Comparison – Roof and Fascia Signs |
A sign suspended from a roof overhang of a covered porch, walkway or horizontal plane surface which identifies the tenant of the adjoining space.
Any device for visual communication which is used or is intended to attract the attention of the public with a purpose of identifying, when the display of the device is visible beyond the boundaries of the public or private property upon which the display is made. The term "sign" shall not include any flag or badge or insignia of the United States, State of Pennsylvania, Lackawanna County, Dalton Borough, or official historic plaques of any governmental jurisdiction or agency.
Any surface (excluding windows) of a building within 25° vertical.
A promotional event, such as, but not limited to, grand openings, bazaars, street fairs, shows, exhibitions, sporting events, runs, bicycling events, and block parties. This does not include sidewalk sales occurring on private property where merchandise normally sold indoors is transferred from indoors to outdoors for sale.
Any sign, banner, pennant or valance of advertising display constructed of cloth, canvas, light fabric, cardboard, plastic, wallboard or other like materials, with or without frames; or any sign not permanently attached to the ground, wall or building.
Signs used at driveways to improve public safety and to enhance public access to the site from public streets, which provides information to assist the operators of vehicles in the flow of traffic. Such signs may use names, logos or symbols of buildings, businesses, activities, uses or places as a means of direction.
Any sign attached parallel to, but within six inches of, a wall; painted on the wall surface of; or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building; and which displays only one sign surface.
 Wall Signs |
Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to or placed behind a window pane, which is intended to be read from the exterior of the building.
 Sign Comparison |
§ 400-68 Procedures. [1]
The procedures included in this § 400-68 shall apply to all signs requiring permits. In addition to the information required by this section, a master sign plan shall be prepared for approval by the Borough in accord with § 400-28.
A.
Requirement of permit. A sign permit shall be required before the erection, re-erection, construction, alteration, placing or installation of all signs regulated by this chapter. However, a permit shall not be required for the following signs and actions; provided, however, that such signs shall be subject to any and all applicable provisions of this chapter.
(2)
Real estate, temporary construction and contractor signs.
B.
Permit application. Applications for sign permits shall be submitted to the Zoning Officer and shall, at a minimum, contain or have attached thereto the information listed in this section. The applicant shall pay the required application fee at the time when the sign application is filed. Two copies of plans and specifications shall be submitted with each application. One copy shall be returned to the applicant at the time the permit is granted. The plans shall include complete details about the size of the sign, the method of attachment or support, locations and materials to be used, and the name, address and profession of the person designing the plans and specifications. If the Zoning Officer determines that the sign will be subject to excessive stresses, additional data shall be required, showing that supporting surfaces and other members of an existing building to which the sign is to be attached are in good condition and are adequately strong to support the load, including the proposed sign.
(1)
The names, addresses and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person to be erecting or affixing the sign.
(2)
The location of the building, structure or zoning lot on which the sign is to be erected or affixed.
(3)
A sketch plan of the property involved, showing accurate placement thereon of the proposed sign.
(4)
Two blueprints or ink drawings of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, color, materials and weight.
(5)
If required by the Zoning Officer, a copy of stress sheets and calculations prepared by or approved by a registered structural engineer, licensed by the State of Pennsylvania, showing that the sign is designed for dead load and wind pressure in any direction in the amount required by this and all other applicable ordinances of the Borough.
(6)
The written consent of the owner of the building, structure or property on which the sign is to be erected or affixed.
(7)
Such other information as the Zoning Officer may require to determine full compliance with this and other applicable ordinances of the Borough.
C.
Issuance of permits. Upon the filing of an application for a sign permit, the Zoning Officer shall examine the plans, specifications and other submitted data and the premises upon which the sign is proposed to be erected or affixed. If it appears that the proposed sign is in compliance with all the requirements of this chapter and other applicable ordinances of the Borough and if the appropriate permit fee has been paid, the Zoning Officer shall issue a permit for the proposed sign.
D.
Expiration. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void, unless otherwise extended by the Zoning Officer for a single additional ninety-day period.
E.
Permit fees. Each sign required by this chapter requiring a sign permit shall pay a fee as established pursuant to a resolution duly adopted by the Borough Council.
§ 400-69 General requirements.
A.
Prohibited signs. All signs not expressly permitted or exempted under this chapter from regulation are prohibited in the Borough. Such prohibited signs include, but are not limited to, the following:
(1)
A-frame or sandwich board signs. A-frame or sandwich board and sidewalk or curb signs, except as a temporary sign as provided for in § 400-70 of this chapter.
(3)
Animated, moving and flashing signs. Signs which flash, revolve, rotate, swing, undulate or move by any means or otherwise attract attention through the movement or flashing of parts, including automatic, electronically controlled copy changes, or through the impression of movement or flashing, except for time-and-temperature indicators whose movement is either digital or analog and flags as permitted by this chapter.
(4)
Portable and wheeled signs. Portable and wheeled signs, except as a temporary sign, as provided for in § 400-70 of this chapter.
(5)
Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property, so as to be visible from a public right-of-way, where the apparent purpose is to advertise a product or direct people to a business, organization or activity.
(6)
Signs on utility poles or trees. Signs which are attached or otherwise affixed to utility poles or trees or other vegetation.
(7)
Signs which imitate traffic control devices. Signs which imitate, interfere with, obstruct the view of, or can be confused with any authorized traffic control sign, signal or other device.
(8)
Emissions. No sign shall be permitted to emit any sound, odor or visible matter such as smoke.
B.
Signs requiring no permits. The following signs are hereby exempt from the zoning permit provisions of this chapter, excepting for such instances where any sign listed herein is found to be unsafe or unlawful as provided for in other sections of this chapter.
(1)
Civic and religious. Civic and religious organization signs indicating only the organization insignia, name, meeting place and time. Such signs shall not exceed two square feet for each exposed surface area.
(2)
Directional or instructional signs. Signs, not exceeding four feet in aggregate gross surface area, which provide direction or instruction to guide persons to facilities intended to serve the public, providing that such signs contain no advertising of any kind. Such signs include those identifying restrooms, public telephones, public walkways, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility, but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs.
(3)
Noncommercial signs. Flags, emblems and insignia of political, professional, religious, educational or fraternal organizations, providing that such flags, emblems and insignia are displayed for noncommercial purpose.
(4)
Governmental signs. Governmental signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger and aids to services or safety, which are erected by or at the order of a public officer or employee in the performance of the officer's or employee's duties.
(5)
Holiday decorations. Signs or other materials temporarily displayed on traditionally accepted civic, patriotic or religious holidays, related to observance of the civic, patriotic or religious holiday.
(6)
Interior signs. Signs which are fully located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs located within the inner or outer lobby court or entrance of any theater.
(7)
Memorial signs. Memorial plaques or tablets, grave markers, statutory or other remembrances of persons or events that are noncommercial in nature.
(8)
Name and address plates. Wall signs, one per street frontage and not exceeding 1 1/2 square feet in surface area, indicating the name of the occupant, the address of the premises, and identification of any legal business or operation which may exist at the premises.
(9)
"No trespassing," "no hunting," "no fishing," "no dumping," "no parking," "no towing," and other similar signs. "No trespassing," "no hunting," "no fishing," "no dumping," "no parking," "no towing," and other similar signs (as set forth in Title 75 of the Pennsylvania Vehicle Code and its regulations and as set forth in Title 18 of the Pennsylvania Crimes Code and its regulations) not exceeding two square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of four square feet.
(10)
Parking lot directional and instructional signs.
(a)
Directional signs. Signs designating parking area entrances and exits, limited to one sign for each entrance and/or exit and not exceeding four square feet in gross surface area for each exposed face. Parking lot directional signs shall not project higher than five feet in height, as measured from the established grade of the parking area to which such signs are accessory.
(b)
Instructional signs. Signs designating the conditions of use or identity of parking areas and not exceeding eight square feet in gross surface area for each exposed face nor exceeding an aggregate gross surface area of 16 square feet. Parking lot instructional signs shall not project higher than 10 feet for wall signs and seven feet for ground signs, as measured from the established grade of the parking area(s) to which such signs are accessory.
(11)
Patron advertising signs. Signs erected on the perimeter of an organization-sponsored youth athletic field for the sole purpose of sponsoring or contributing to the organized youth athletic sport. Signs erected for this purpose shall be one-sided with a maximum of 32 square feet of gross aggregate surface area. Sponsors advertising on score boards may not exceed 25% of the surface area of the score board.
(12)
Plaques. Plaques, nameplates or memorial signs, directly attached or affixed to the exterior walls of a building, not exceeding four square feet in aggregate gross surface area.
(13)
Public notices. Official notices posted by public officers or employees in the performance of the officer's or employee's duties.
(14)
Government signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute or ordinance. Such signs may be of any type, number, area, height, location or illumination as required by law, statute or ordinance.
(15)
Signs on vehicles. Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer. However, this is not in any way intended to permit signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or other property.
(16)
Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies not exceeding two square feet in gross surface area for each exposed face not exceeding four square feet in aggregate gross surface area.
(17)
Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use, and other similar information as to the use, and other similar information not exceeding four square feet in gross surface area for each exposed face, not exceeding an aggregate gross surface area of eight square feet on each machine.
(18)
Warning signs. Signs warning the public of the existence of danger, but containing no advertising material, to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location or illumination as deemed necessary to warn the public of the existence of danger.
(19)
Tourist signs. Tourist-orientation directional signs when erected in accord with a permit issued by PennDOT.
C.
Construction requirements. All signs permitted by this chapter shall be constructed in accord with the National Electrical Code and the Dalton Borough Building Code and the provisions of this § 400-69C.
(1)
Obstruction to exit. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, door opening or wall opening intended as a means of ingress or egress.
(2)
Obstruction to ventilation. No sign shall be erected, constructed, or maintained so as to interfere with any opening required for ventilation.
(3)
Clearance from electrical power lines and communication lines. All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communication lines in accordance with the applicable provisions of the National Electrical Code. However, in no instance shall a sign be erected or constructed within eight feet of any electrical power line, conductor or service drop, or any communication line, conductor or service drop.
(4)
Clearance from surface and underground facilities. All signs and supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity or communications equipment or lines. In addition, the placement of all signs and their supporting structures shall not interfere with natural or artificial drainage or surface or underground water.
(5)
No obstruction to any existing warning or instructional sign. No sign shall be erected, constructed or maintained so as to interfere with any existing warning or instructional sign.
(6)
Traffic hazards. No sign shall be erected in such a way as to interfere with or to confuse traffic, to present any traffic hazard, or to obstruct the vision of motorists, and all signs shall comply with the clear sight triangle requirements of this chapter.
(7)
Public right-of-way. No sign may be erected or maintained in the public right-of-way unless an encroachment permit has first been obtained for the sign.
D.
Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. If the Zoning Officer has determined that a sign is not secure, safe, in good state of repair, or otherwise not in compliance with this Article XI, the Zoning Officer shall give written notice of this fact to the owner or other person responsible for the maintenance of the sign, requiring the sign to be corrected or repaired within a specific period of time, which period shall be determined by the Zoning Officer in each case based upon the particular circumstances and whether it imposes a hazard to public safety or health or otherwise causes or creates a dangerous or hazardous condition or situation. If the defect in or condition of the sign is not corrected or repaired within the time period allowed by the Zoning Officer, the Zoning Officer shall revoke the permit to maintain the sign and, if it is not then immediately removed, to remove the sign at the expense of the owner and keep possession of it until the owner pays the cost of removal.
E.
Illumination. All signs permitted by this chapter may be illuminated in accord with the provisions of this § 400-69E.
(1)
Type of illumination. Illumination may be by internal, internal indirect or by indirect means.
(3)
Glare. All signs shall be so designed, located, shielded and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated roadways and surrounding property.
(4)
Illumination of buildings, structures and areas.
(a)
The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires or any other type of support to illuminate buildings, structures, outdoor sales areas, or outdoor storage area is prohibited except during the month of December for areas in which Christmas trees are offered for sale and on a temporary basis for areas in which carnivals, fairs or other similar activities are held;
(b)
A building or other structure may be illuminated, but all lighting used for this purpose must be designated, located, shielded and directed in such a manner that the light source is fixed and not directly visible from any adjacent publicly dedicated roadway and surrounding property.
F.
Signs on roof. No sign attached to a building shall be placed on nor shall extend above any part of the building roof except in C-2 and M-1 Districts, where signs on roofs shall be permitted, provided the sign does not extend above the highest point of the roof on which it is placed.
G.
Awning, canopy and marquee signs. Awning, canopy and marquee signs shall be permitted for any permitted nonresidential use in accord with the following:
(1)
Area. The gross surface area of an awning, canopy or marquee sign shall not exceed 16 square feet, but shall be limited to not more than 50% of the gross surface area of the face of the awning, canopy or marquee to which such sign is affixed.
(2)
Letters' attachment. Letters shall not exceed 10 inches in height. Any awning, canopy or marquee sign must be painted on or attached flat against the surface and shall not project higher than the top of the awning, canopy or marquee to which such sign is to be affixed.
(3)
Clearance. There shall be a minimum clearance of seven feet from the sidewalk to the lowest part of the framework or fixed portion of the awning, except that the bottom of the valance of the awning's canvas or other covering shall have a minimum clearance of six feet nine inches above the sidewalk.
(4)
Illumination. Only the face area of the letters or logos may be illuminated, and all illumination must be internal behind the surface of the awning, canopy or marquee.
(5)
Awning valance. If sign letters or logos are placed on the awning valance, no letters or logos may be placed elsewhere on the awning.
H.
Changeable panel signs. One changeable panel sign board may be erected on a lot containing one or more commercial, manufacturing, industrial, public or semipublic use, referred to as "business" in this section, subject to the following:
(1)
Type. The changeable panel sign shall be a ground sign or may be attached to the same support of the permitted business identification ground sign.
(2)
Number. One changeable panel sign may be erected on the business parcel, identifying special, unique, limited activities, services, products or sale of limited duration occurring on the premises on which the changeable panel sign is located.
(3)
Area. The gross surface area of a changeable panel sign shall not exceed 10 square feet for each exposed face.
(4)
Location. A changeable panel sign shall maintain side and rear yard setbacks and shall not extend within 15 feet of any point of vehicular access to a public roadway.
(5)
Height. If the changeable panel sign is separate from the main freestanding sign, the changeable panel sign may not project higher than 10 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher. The changeable panel sign shall be separated by a minimum of 12 inches from the main ground pole sign.
(6)
Fuel prices. Establishments engaged in the retail sale of fuel may also erect one additional changeable panel sign on the same frame as the main business identification sign to list fuel prices, and said sign shall not exceed six square feet for each exposed face.
I.
Sign faces. All signs may be multifaced.
J.
Window signs. Window signs for commercial, manufacturing, industrial, public and semipublic uses, referred to as "business" in this section, shall be permitted, subject to the following:
(1)
Location. Signs on or inside the windows of a business are permitted, but no signs are permitted in unglazed openings, and any interior sign placed within three feet of the window pane shall be considered a window sign.
(2)
Area. No more than 25% of any window pane that is more than three feet in any dimension may be used for such signs. The area of any business identification sign shall be deducted from the total sign area allowed for the use on the property, and the total of all window signs shall not exceed 50% of the total sign area allowed for the entire business use.
(3)
Sign copy. Sign copy shall be limited to business identification and a graphic symbol, or any combination thereof, or signs advertising products or services available on the premises.
(4)
Illumination. Window signs may be internally illuminated.
K.
Freestanding sign landscaping. All freestanding business and residential identification signs shall be placed in a landscaped area of not less than four square feet of landscaping for one square foot of sign area, but in no case less than 120 square feet.
L.
Sign design. Signs shall be architecturally integrated with the design of the building and landscaping for the property and other signs on the property.
M.
Flags. Flags shall be permitted for commercial, manufacturing, industrial, public and semipublic uses, referred to as "business" in this section, subject to the following:
(1)
Business identification. The flag shall identify the business.
(2)
Flag pole. The flag shall be suspended from a pole and the maximum height shall be 36 feet. The flag pole shall be placed within a landscaped setting of not less than one square foot for every one foot of each flag pole.
(3)
Area. The maximum area of the flag shall be 24 feet; however, this shall not apply to the United States flag or the Commonwealth of Pennsylvania flag.
(4)
Government flags. Governmental flags provided for elsewhere in the chapter are not restricted by the provisions of this section.
N.
Wall signs. Wall signs as permitted by this chapter shall be securely attached to the wall, and each sign shall be parallel to and in the same plane as the wall to which the sign is attached and shall not extend more than six inches from the wall, nor above or beyond the top and ends of the wall.
§ 400-70 Temporary signs.
Temporary signs may be erected and maintained in accordance with the provisions contained in this § 400-70.
A.
General conditions.
(1)
Permit required. No person shall erect, construct, repair, alter or relocate within the Borough any temporary sign, except real estate and temporary construction signs, without first obtaining a permit from the Zoning Officer.
(2)
Materials and methods. The Zoning Officer shall impose, as a condition of the issuance of a permit for temporary signs, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the health, safety, welfare and convenience of the public.
(3)
Illumination. Temporary signs may be illuminated in accord with this chapter.
(4)
Sign types. Temporary signs shall be limited to nonprojecting wall signs, attached ground signs, or portable and wheeled signs.
B.
Temporary business signs. Temporary business signs in association with an approved use, identifying a special, unique or limited activity, service, product or sale of limited duration, shall be subject to the following:
(1)
Number. There shall not be more than two permits for temporary business signs issued for the same premises within one calendar year. Each temporary business sign permit may be erected and maintained for a period not to exceed 30 days and shall be removed within three days of the termination of the activity, service, project or sale. Or, alternatively, a temporary business sign permit may be applied for a maximum of five times during one calendar year for the same premises; each permit shall be issued for a maximum of seven days. It is expressly stated that temporary business sign permits shall be issued under one method or the alternative and that the methods may not be used jointly or in combination during any one calendar year.
(2)
Area. Temporary business signs shall not exceed 16 square feet in gross surface area for each exposed face.
(3)
Location. Temporary business signs shall be located only upon the premises upon which the special, unique or limited activity, service product or sale is to occur. Such signs may be located in any required yard setback but shall not extend over any lot line or within 15 feet of any point of vehicular access to a public roadway.
(4)
Height. Temporary business signs shall not project higher than 15 feet, as measured from the average grade of the associated principal use or structure.
C.
Temporary development signs. Temporary development signs in association with an approved use, identifying the parties involved in the development to occur or occurring on the premises on which the sign is placed, shall be subject to the following:
(1)
Number. There shall not be more than one temporary construction sign for each project or development, except that, where a project or development abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted.
(2)
Area.
(a)
Residential districts. In residential districts, temporary construction signs shall not exceed eight square feet in gross surface area for each exposed face.
(b)
Nonresidential districts. In nonresidential districts, temporary construction signs shall not exceed 16 square feet in gross surface area for each exposed face.
(3)
Location. Temporary construction signs shall be located only upon the premises upon which construction either is about to occur or is occurring. Such signs may be located in any required yard setback but shall not extend over any lot line or within 15 feet of any point of vehicular access from a public roadway.
(4)
Height. Temporary construction signs shall not project higher than 15 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(5)
Special conditions. Temporary construction signs shall be permitted only as accessory to an approved building permit for a project or development. Temporary construction signs may be erected and maintained for a period not earlier than 60 days prior to the commencement of construction of the project or development and must be removed prior to an occupancy permit being issued or, if no occupancy permit is required, the sign shall be removed upon project completion.
D.
Temporary event signs (including banners). Temporary event signs announcing a campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes shall be subject to the following:
(1)
Number, area, height and location. The permitted number, area, height, location and construction of temporary event signs shall be determined by the Zoning Officer with consideration given to the public intended purpose. In any event, no sign shall exceed 16 square feet for each exposed face.
(2)
Timing. Temporary event signs may be erected and maintained for a period not to exceed 30 days prior to the date of which the campaign, drive, activity or event advertised is scheduled to occur and shall be removed within three days of the termination of such campaign, drive, activity or event.
(3)
Limit on number of permits. No more than two permits for temporary event signs shall be issued for the same premises within one calendar year.
E.
Temporary political signs. Temporary political signs announcing political candidates seeking office, political parties, and/or political and public issues contained on a ballot shall be subject to the following:
(1)
Location. On private property, temporary political signs may be located in any required yard but shall not be affixed to a utility pole or structure or to a fence, tree, shrub, rock or other natural objects, other than on an owner's individual property. Failure to remove any such prohibited sign shall empower the Zoning Officer to remove it at the expense of the owner.
(2)
Area. Temporary political signs shall exceed 12 square feet for each exposed face.
(3)
Timing. Temporary political signs may be erected or maintained for a period not to exceed 30 days prior to the date of the election to which such signs are applicable and shall be removed within seven days following such election. The candidate is responsible for all political signs of candidates of the party if they are located in the public right-of-way.
F.
Temporary real estate signs. Temporary real estate signs advertising the sale, lease or rent of the premises upon which such sign is located shall be subject to the following:
(1)
Number. There shall be not more than one temporary real estate sign for each lot, except that, where a lot abuts two or more streets, one additional sign, oriented to each abutting street, shall be permitted.
(2)
Area. In R-1, R-2, R-R and C-1 Districts, temporary real estate signs shall not exceed six square feet for each exposed face. In C-2 and M-1 Districts, temporary real estate signs shall not exceed 32 square feet for each exposed face.
(3)
Location. Temporary real estate signs shall be located only upon the premises for sale, lease or rent. Such signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access to a public roadway.
(4)
Height. Temporary real estate signs shall not project higher than 15 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(5)
Special conditions. Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located.
G.
Temporary contractor or subcontractor signs. Temporary contractor or subcontractor signs for the sole purpose of designating the contractor(s) and subcontractor(s) engaged in the development of a property shall be subject to the following:
(1)
Number. There shall be not more than one temporary contractor or subcontractor sign for each contractor or subcontractor working on the premises.
(2)
Area. Such sign shall not exceed six square feet for each exposed face in R-1, R-2, R-R and C-1 Districts or 12 square feet for each exposed face in C-2 and M-1 Zoning Districts; or one sign that includes all of the participating parties shall not exceed 24 square feet for each exposed face in R-1, R-2, R-R and C-1 Districts and 48 square feet for each exposed face in C-2 and M-1 Districts.
(3)
Location. Temporary contractor or subcontractor signs shall be located only upon the premises where the contractor or subcontractor is working. Such signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access to a public roadway.
(4)
Height. Temporary contractor or subcontractor signs shall not project higher than 10 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.
(5)
Special conditions. Temporary contractor or subcontractor signs shall be removed immediately upon completion of the contractor's or subcontractor's work.
H.
Temporary yard or garage sale, open house, or auction signs. Temporary yard sale or garage sale, open house, or auction signs advertising the sale of items and the sales location shall be subject to the following:
(1)
Number. For each sale, there shall not be more than two such temporary signs at each street intersection.
(2)
Area. Such signs shall not exceed four square feet for each exposed face.
(3)
Location. Such signs may be located within the street or road right-of-way but not beyond the edge of the street shoulder or curb. Any such temporary signs shall be self-supported and shall not create a public hazard. No such sign shall be placed in any Borough park.
(4)
Height. Such temporary signs shall not exceed four feet in height.
(5)
Timing. Such temporary signs may be erected no sooner than two days before the event and must be removed immediately after the event.
§ 400-71 Residential uses.
For all residential uses, only the following signs are permitted and then only if accessory and incidental to a permitted residential use.
A.
Building name and address signs. Building name and address signs shall comply with Borough Ordinance No. 8-1990.
B.
Residential development road entrance signs. Residential development road entrance signs for developments with two or more buildings with a total of 20 or more dwelling units, indicating only the name of the development, including single-family, two-family and multifamily developments and mobile home parks, the management or developer thereof, and/or the address or location of the development, shall be subject to the following:
(1)
Type. The residential development road entrance signs shall be ground signs.
(2)
Number. There shall not be more than two residential development road entrance signs for each point of vehicular access to a development.
(3)
Area. Residential development road entrance signs shall not exceed 24 square feet in gross surface area.
(4)
Location. Residential development road entrance signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a public roadway. The location and arrangement of all residential development signs shall be subject to the review and approval of the Zoning Officer.
(5)
Height. Residential development road entrance signs shall not project higher than five feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is higher.
(6)
Sign faces. Residential development road entrance signs may be double-faced only when one such sign is used at a road entrance.
§ 400-72 Commercial, manufacturing, public use and semipublic use signs.
For all commercial, manufacturing, industrial, public and semipublic uses, referred to as "business" in this section, only the following signs are permitted and then only if accessory and incidental to a permitted use, and such signs shall be subject to the requirements of this § 400-72 and any other special provisions contained in this chapter:
A.
Individual business identification signs. The provisions of this § 400-72A shall apply to parcels upon which an individual business is located.
(1)
Building wall signs (See definition of "wall sign.")
(a)
Area. The aggregate surface area of wall signs shall not exceed 20% of the area of the building wall, including doors and windows, to which the sign is to be affixed but not to exceed 200 square feet in C-2 and M-1 Districts and 64 square feet in all other districts. The surface area of a wall sign may be increased by 10% if such wall sign consists only of individual, outlined alphabetic, numeric and/or symbolic characters without background, except that provided by the building surface to which the sign is to be affixed, and, if illuminated, such illumination is achieved through shielded spot lighting but not any lighting where the light source is visible or exposed on the face or sides of the characters.
(b)
Location. A wall sign may be located on the outermost wall of any principal building. The location and arrangement of all wall signs shall be subject to the review and approval of the Zoning Officer.
(c)
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or 15 feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower.
(2)
Freestanding or projecting business identification signs. Freestanding business identifications signs shall be subject to the following:
(a)
Number. There shall not be more than one freestanding or projecting business identification sign for each lot.
(b)
Area. The surface area of each face of the business identification sign shall not exceed 50 square feet in C-2 or M-1 Districts. In all other districts, the surface area of each face of a freestanding business identification sign shall not exceed 20 square feet and nine square feet for projecting signs.
(c)
Location. A freestanding business identification sign shall maintain side and rear yard setbacks and shall not extend within 15 feet of any point of vehicular access to a public roadway.
(d)
Height. A freestanding business identification sign shall not project higher than 15 feet. The bottom of a projecting sign shall have a minimum clearance of nine feet above the sidewalk.
B.
Shopping center and multiple-occupant business identification signs. The provisions of this § 400-72B shall apply to developments in which two or more businesses are housed in one or more principal structures.
(1)
Building wall signs.
(a)
Number. There shall be not more than one wall sign for each principal business occupant, except that, where a principal occupant abuts two or more streets, one additional such sign oriented to each abutting street shall be permitted.
(b)
Area. The surface area of a wall sign shall not exceed 10% of the occupant's proportionate share of the area of the building wall, including doors and windows, to which the sign is to be affixed or 64 square feet, whichever is smaller. The surface area of a wall sign may be increased by 10% if such wall sign consists only of individual, outlined alphabetic, numeric and/or symbolic characters without background, except that provided by the building surface to which the sign is to be affixed, and, if illuminated, such illumination is achieved through shielded spot lighting, but not any lighting where the light source is visible or exposed on the face or sides of the characters.
(c)
Location. A wall sign may be located on the outermost wall of any principal building. The location and arrangement of all wall signs shall be subject to the review and approval of the Zoning Officer.
(d)
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or 15 feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower.
(2)
Freestanding business identification signs. Freestanding business identifications signs may be ground signs or monument signs used solely for the identification of the development and shall be subject to the following:
(a)
Number. There shall not be more than one freestanding business identification sign for each development.
(b)
Area. The surface area of a freestanding business identification sign shall not exceed a maximum of 50 square feet.
(c)
Location. A freestanding business identification sign shall maintain side and rear yard setbacks and shall not extend within 15 feet of any point of vehicular access to a public roadway.
(d)
Height. A freestanding business identification sign shall not project higher than 15 feet, as measured from the average grade at the base of the sign or the grade of the nearest adjacent roadway, whichever is lower.
(e)
Individual occupant identification. The freestanding business identification sign shall not contain the name of any individual business occupant of the premises unless such tenant or occupant occupies 30% or more of the total development. Each freestanding business identification sign may include, affixed directly to it, a directory indicating only the names of the business occupants of the development in which the sign is to be located. The directory shall include the names of all business tenants/occupants on one sign and shall not be comprised of individual signs. The gross surface area of a directory sign shall not exceed 10 square feet for each exposed face for each occupant in the development.
C.
Business subdivision road entrance signs. Business subdivision road entrance signs for developments with two or more commercial, manufacturing, industrial, public and semipublic buildings, referred to as "business" in this section, indicating only the name of the development, shall be subject to the following:
(1)
Type. The business subdivision road entrance signs shall be ground signs.
(2)
Number. There shall not be more than two business subdivision road entrance signs for each point of vehicular access to a development.
(3)
Area. Business subdivision road entrance signs shall not exceed 24 square feet in gross surface area.
(4)
Location. Business subdivision road entrance signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a public roadway. The location and arrangement of all residential development signs shall be subject to the review and approval of the Zoning Officer.
(5)
Height. Business subdivision road entrance signs shall not project higher than five feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is higher.
(6)
Sign faces. Business subdivision road entrance signs may be double-faced only when one such sign is used at a road entrance.
D.
Automatic teller machine (ATM) signs. ATM signs shall be permitted in association with an approved commercial use, subject to the following:
(1)
Location. Such sign shall be located on the face of the machine and may only identify the individual business name, logo, time and principal services offered at the ATM.
(2)
Area. The area of any such sign shall not exceed 10 feet. The bezel and architectural border of an ATM sign shall not be included in the sign area unless they contain sign characters, logos or other sign graphics. The area of any ATM signage not visible beyond the boundaries of the property shall not be deducted from the sum total area permitted for the use. Wording, symbols and graphics which instruct persons on the use of the ATM shall not be considered part of the sign area unless they are visible beyond the boundaries of the property and attract the attention of the public.
(3)
Permit. No sign permit shall be required for such sign.
E.
Business directional signs. The intent of this section is to allow commercial, manufacturing, industrial and institutional uses, referred to as "business" in this section, located in Dalton Borough and which do not front on State Route 6/11, to erect temporary signs directing the public to the business.
(1)
Number. There shall not be more than two directional signs (and only one sign at each location where erected) for each parcel of land eligible for such signs. In the case of multiple businesses on the same parcel, each business shall not be eligible for signs; instead, the directional signs shall refer to the parcel as a whole.
(2)
Area. The surface area of each sign shall not exceed six square feet for each exposed face.
(3)
Height. A directional sign shall not project higher than 10 feet, as measured from the average grade at the base of the sign or the grade of the nearest adjacent roadway, whichever is lower.
(4)
Sign information. The information on the sign shall be limited to the business name, logo, telephone number and directional information.
(5)
Property owner permission. The person making application for the erection of a business directional sign shall provide a written statement of permission signed by the owner of the property upon which the sign is proposed.
(6)
Temporary nature of signs. All business directional signs shall be considered temporary signs in terms of nonconformity status should the number of signs erected in the Borough dictate the imposition of limitations on such numbers to protect the public health, safety and welfare. Any such signs which do not comply with any subsequent amendment of this chapter shall be brought into compliance, including removal of the sign if required by any new or amended regulations adopted by the Borough.
§ 400-73 Off-premises advertising signs and billboards.
The intent of this § 400-73 is to limit the number, size and location of off-premises advertising signs and billboards to reduce visual clutter in the Borough, prevent the distraction of drivers, and maintain the character of the community. Off-premises advertising signs and billboards may be erected and maintained only on parcels in the C-2 District fronting on State Route 6/11 in accord with the requirements of this § 400-73 and all other applicable requirements of this chapter, and applications for such signs shall be considered conditional uses.
A.
Principal use. Off-premises advertising signs and billboards shall be considered principal uses and shall not be permitted on a lot with any other principal use.
B.
Illumination; movement. Off-premises advertising sign or billboard may be illuminated, but flashing lights or devices, moving parts, changing text and animation, shall be prohibited.
C.
Setbacks. Off-premises advertising signs and billboards shall not be less than 10 feet from the public right-of-way and not less than 25 feet from any side or rear lot line.
D.
Height of signs. No off-premises advertising sign or billboard shall project more than 25 feet above the grade of the closest point of the road surface of Route 6/11.
E.
Maximum area of off-premises advertising signs and billboards.
(1)
The total surface area of each face of any such sign, exclusive of structural supports and trim, shall not exceed in square feet four times the frontage of the lot or tract on which it stands, but in no case more than 300 square feet.
(2)
A sign structure may be double-sided but shall contain only one sign per facing.
F.
Spacing of off-premises advertising signs and billboards:
(1)
No off-premises advertising sign or billboard shall be permitted within 500 feet of another off-premises advertising sign or billboard, measured in all directions: The separation distance shall be measured between the closest points of the two signs in question.
(2)
No off-premises advertising sign or billboard shall be permitted within 200 of any dwelling or residential district in the Borough or any adjoining municipality. The separation distance shall be measured between the closest points of the proposed sign and the residential lot or residential district in question.
(3)
No off-premises advertising sign or billboard shall be permitted within 200 feet of any park, recreational area, trail system, public or parochial school, municipal building, library, church, hospital or similar institutional use. The separation distance shall be measured between the closest points of the proposed sign and the parcel of land on which the building or use in question is located.
(4)
No off-premises advertising sign or billboard shall be constructed at an angle of less than 45° to the right-of-way upon which it fronts.
G.
Engineering certification. Any applications for an off-premises advertising sign or billboard shall be accompanied by certification under seal by a professional engineer registered in the Commonwealth of Pennsylvania that the sign as proposed will not present a structural safety hazard.
§ 400-74 Nonconforming signs.
A.
Legal nonconforming signs. Any sign lawfully existing or under construction on the effective date of this chapter, which does not conform to one or more of the provisions of this chapter, may be continued in operation and maintained as a legal nonconforming sign.
B.
Maintenance and repair of legal nonconforming signs. Normal maintenance of legal nonconforming signs, including changing of copy, necessary repairs, and incidental alterations which do not extend or intensify the nonconforming features of the sign, shall be permitted. However, no alteration, enlargement or extension shall be made to a legal nonconforming sign unless the alteration, enlargement or extension will result in the elimination of the nonconforming features of the sign. If a legal nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at the time, the sign may not be rebuilt to its original condition and may not continue to be displayed.
§ 400-75 Removal of certain signs.
A.
Obsolete signs. Any sign, whether existing on or erected after the effective date of this chapter, which advertises a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located, shall be removed within 90 days upon the cessation of such business or sale of such product by the owner, agent or person having the beneficial interest in the building or premises on which such sign is located. If the Zoning Officer shall find that any such sign advertising a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located has not been removed within 90 days upon the cessation of such business or sale of such product, he shall give written notices to the owner, agent or person having the beneficial interest in the building or the premises on which such sign is located. Removal of the sign shall be effected within 10 days after receipt of the notice from the Zoning Officer. If such sign is not removed after the conclusion of such ten-day period, the Zoning Officer is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent or person having the beneficial interest in the building or premises on which such sign is located.
B.
Unsafe signs. If the Zoning Officer shall find that any sign is unsafe or insecure, or is a menace to the public, he shall give written notice to the owner, agent or person having the beneficial interest in the building or the premises on which such sign is located. Correction to the condition which caused the Zoning Officer to give such notice shall be effected within 10 days after receipt of the notice. If such condition is not corrected after the conclusion of such ten-day period, the Zoning Officer is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent or person having the beneficial interest in the building or premises on which such sign is located. Notwithstanding the foregoing provisions, the Zoning Officer is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner, agent or person having the beneficial interest in the building or premises on which such sign is located, whenever the Zoning Officer determines that such sign is an immediate peril to persons or property.