Eagles Mere City Zoning Code
§ 105-16
Signs, fencing and landscaping.
[Amended 10-1-1998 by Ord. No. 121]
A.
General sign regulations.
(1)
The following regulations shall apply to all sign uses:
(a)
Every sign permitted by this section or existing as a preexisting nonconforming use must be constructed of durable materials and securely fastened or erected. Signs shall be maintained in good condition and shall not be allowed to become dilapidated or unsightly.
(b)
No sign shall be placed in a position which will cause danger to traffic or pedestrians nor shall any sign be permitted on the streets or sidewalks.
(c)
No sign shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location whereby reason of position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
(d)
No sign other than a traffic sign may be placed in the street or road right-of-way, with the exception of signs which are affixed to a lawful building or accessory building and do not project more than four feet from such building and maintain a clearance height of at least 10 feet. Only the Borough is authorized to post signs to control or limit pedestrian or vehicular traffic. Private citizens may not erect or place their own signs for this purpose unless granted a permit by special exception.
[Amended 8-4-2008 by Ord. No. 2008-01]
(e)
Area of sign.
[2]
For a sign whose message is applied to a background which provides no border or frame, such as on a building, the sign area shall be computed by straight lines drawn tangent to copy extremities encompassing individual letters, words or graphic elements of the message.
[3]
Sign area shall include the entire face of a single side of a sign, including all framing, trim and border area, but excluding any supporting framework or bracing. A double-face sign shall be considered a single sign.
(f)
No sign shall be erected or maintained which prevents free ingress and egress from any door, window or fire escape or which prevents free access from one part of a roof to any other part. No sign shall be attached to a stand pipe or fire escape.
(g)
All ground signs shall be anchored, weighed, spring loaded or otherwise designed to minimize wind action. The application for such signs shall indicate the method of anchoring to be employed.
(h)
The illumination of any sign in any district shall comply with the requirements of § 105-20G(1) and (2).
(i)
Illuminated signs shall not cause excessive glare or other disturbance that would be incompatible with the nature of the surrounding neighborhood or which would in any way impair the vision of passing motorists. Illumination shall be steady in nature. No flashing, rotating, moving or animated sign shall be permitted except by special exception
(j)
No handbills, signs or other materials of any size or kind maybe attached to any utility pole, fence post or building unless authorized by special exception.
(k)
No sign shall be attached to any tree, shrub, rock or other natural object except those signs in compliance with § 105-16A(1)(a) through (i).
(2)
Allowable signs. Subject to the general regulations in § 105-16A, the following signs shall be allowed within the Eagles Mere Borough and do not require a permit:
[Amended 8-4-2008 by Ord. No. 2008-11; 10-5-2015 by Ord. No. 2015-03]
(a)
Signs erected by the Borough, state, public utility or government or governmental agency.
(b)
Signs on private property identifying the owner or occupant of a residence, so long as the sign does not advertise any commercial activity being conducted by the owner or occupant of the residence.
(c)
A single banner, single pennant or single flag at a residence for a nonconforming purpose, maintained in serviceable condition and limited to a maximum area of 24 square feet.
(d)
Temporary signs advertising property for sale or identifying contractors working on the property are permitted on private property or in the public right-of-way under the following conditions, notwithstanding the provisions of § 105-16A(1)(e):
[1]
Such signs must not exceed six square feet and must be within the extended boundary lines of the property for sale or where the services are being provided.
[2]
Signs identifying contractors are allowed in the public right-of-way only on days when delivery of materials is expected; otherwise they must be on the property of the owner while actively working on the property.
[3]
Signs advertising a property for sale must be removed immediately after closing on the sale of the property. Signs for contractors can be put up one week prior to the beginning of work and must be taken down the day work is completed.
[4]
Where there are sidewalks, the signs must be placed on the property side of the sidewalk a minimum of three feet from the inside edge of the sidewalk. If landscaping makes this placement impossible, then the sign must be placed the maximum distance from the inside edge of the sidewalk and positioned so as not to interfere in any way with pedestrian traffic. Where there are not any sidewalks, signs advertising the sale of private property or identifying contractors (only on days when deliveries are expected) may be placed a minimum of three feet from the paved portion of the road or the berm, whichever is closer to the property line.
(3)
All other signs. All signs except those specifically allowed in § 105-16A(2) shall comply with § 105-16A, general regulations, and be approved as a conditional use pursuant to § 105-21G and H.
(4)
Abandonment. All signs shall be removed from the premises upon which the on-premises sign is located by the owner, occupant or lessee when the use it advertises is no longer conducted. Such removal shall be completed within 30 days of the vacation of the premises or within 30 days from when the use it advertises is no longer conducted.
(5)
Nonconforming signs.
(a)
Signs existing at the time of the passage of this section which do not conform to the requirements of this section shall be considered nonconforming signs and once removed shall be replaced with only conforming signs. Nonconforming signs may be painted, repaired or maintained provided such maintenance or repair does not extend the dimensions of the existing sign.
(b)
Signs existing at the time of the passage of this section which do not conform to the requirements of this section shall be considered nonconforming signs and may be retained as they are, unless the owner, by his choice, chooses to replace the sign.
[Amended 8-4-2008 by Ord. No. 2008-01]
B.
Placement of trees, shrubs, hedges, bushes, vegetation, fences and any and all landscaping materials.
(1)
The owners or occupiers of real property within the Borough of Eagles Mere which property has trees, shrubs, hedges, bushes, vegetation or fences and landscaping materials in proximity to streets, alleys or sidewalks shall have the following responsibilities:
(a)
Trim all trees, shrubs, hedges, bushes or other vegetation in such a manner that there is a minimum clearance of 13 feet between the foliage and the roadway or alleyway for foliage overhanging a roadway or alley way.
(b)
Trim all trees, shrubs, hedges, bushes or other vegetation so that there is a clearance of eight feet between the foliage and the sidewalk for foliage overhanging a sidewalk.
(c)
Remove all dead trees.
(d)
Eliminate or trim any tree, shrub, hedge, bush or other vegetation which in the opinion of the borough presents a safety hazard.
(e)
Ensure that trees, shrubs, hedges, bushes, vegetation, fences and landscaping materials should not be planted, installed or maintained in such a manner that it may obstruct pedestrian or vehicular traffic on any street or sidewalk.
(f)
Maintain all trees, shrubs, hedges, bushes, vegetation, fences and landscaping so as not to interfere with visibility on sidewalks, alleyways and streets.
(2)
Walls, fences or other structures shall not be erected or maintained and trees, shrubs, hedges, bushes or other vegetative material should not be planted or maintained in such a manner as to project into adjacent property in different ownership. All such walls, fences, structures, hedges, trees or other vegetative material must be planted or maintained far enough from the neighboring property lines so as to provide access for trimming, painting and maintenance.
(3)
No fence, wall, structure, hedge, shrub, tree or vegetation shall be maintained which may cause danger to traffic on a street by obstructing a driver's view at a street or driveway intersection.
(a)
At all street/driveway intersections, no obstruction or planting measuring higher than 30 inches or hanging lower than eight feet above the roadway shall be permitted within the clear sight triangle. A "clear sight triangle" shall be defined as that area of unobstructed vision at street intersections formed by lines of sight between points which are a specified distance from the intersection of the street center lines. These distances shall be as follows:
(4)
Borough authorized to remove. If the tenant, occupant or owner of said real property within the Borough of Eagles Mere violates this Subsection F, the borough may correct such violation with borough employees or contract with a third party to correct the violation and may collect all costs and expenses incurred in connection with correcting the violation from the tenant, occupant or owner of said real estate. The borough may collect all costs and expenses incurred in connection with correcting the violation by civil penalty or by municipal lien.