Elverson City Zoning Code
ARTICLE XIII
Signs
§ 290-1301 Purpose.
The purpose of this article is to provide for the regulation of signs in Elverson Borough, as a proper exercise of the municipal police power, to protect the public health, safety, welfare and aesthetics in accordance with the following objectives:
A.
To control the size, location, alteration, maintenance, and illumination of signs in the Borough in order to reduce hazards to pedestrian and vehicular traffic.
B.
To encourage signs which are well-designed, pleasing in appearance, and compatible with the Borough's urban context while providing latitude for a variety of sign types in order to enhance the economic value as well as the visual character of properties within the Borough.
C.
To establish standards designed to encourage signs which are compatible with the Borough's small-town character, appropriate to the type and intensity of the activity to which they pertain, expressive of the identity of individual proprietors, and legible in the circumstances in which they are seen; and to prohibit the erection of signs that do not meet these criteria.
D.
To prohibit the construction of and require the removal of signs which constitute a hazard, blighting influence, or are inconsistent with the Borough's character.
E.
Signs in Elverson Borough shall generally be smaller in size and match the character of the urban context and historical nature as identified by the Borough Comprehensive Plan, including the goals and objectives therein. For example, signs should encourage visitors to patronize Elverson businesses by enhancing and maintaining an inviting, pedestrian-friendly streetscape in addition to maintaining the integrity of and minimizing impacts on historic and scenic resources. Inappropriate signage is considered a scenic intrusion in the Comprehensive Plan.
§ 290-1302 General regulations.
The following regulations shall be observed in all districts:
A.
No sign shall be erected in any district without a permit, except where exempt as stated in § 290-1303C.
B.
No sign except traffic signs and similar regulatory notices of a duly constituted governmental body shall be erected within the legal right-of-way of any public street, except as specifically authorized by other ordinances and regulations of the Borough.
C.
No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted.
D.
No moving, flashing or rotating signs which may distract motorists shall be permitted.
E.
No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal.
F.
No sign shall be located in a position that will impede or cause danger to vehicular or pedestrian traffic or interfere with traffic through causing glare, confusion or competing for attention with traffic control devices or blocking of sight distances for street, intersections, sidewalks or driveways.
H.
No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted in the zoning district in which the property is located except as permitted for off-site signs in accordance with § 290-1304J.
J.
No sign shall be attached to a utility pole or other public infrastructure or hung across a public street except as placed or permitted by the Borough.
K.
All distances provided for in this article shall be measured along straight lines from the nearest edge of a sign or sign structure.
L.
No sign shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape.
M.
No signs shall be attached to a standpipe, fire escape, utility pole, other public infrastructure, or hung across a public street, except as placed or permitted by the Borough.
N.
Signs shall not be mounted on roofs or extend above the roofline of the building to which it is attached.
O.
The outdoor storage or parking of a vehicle on a property shall not be used as a sign for a business, home occupation, or any other use. No vehicle which contains advertising on its exterior shall park in a location visible from a public right-of-way continuously for more than two weeks.
P.
Sign construction, maintenance, removal, abandonment.
(1)
Construction, maintenance, removal.
(a)
Every sign shall be constructed of a durable material and kept in good condition, repair, and safe from collapse.
(b)
No sign shall be maintained within the Borough, except for legal nonconforming signs as permitted by this chapter, that is in violation of this chapter or the Borough Building Code, determined to be a nuisance, in such a state of disrepair as to have the appearance of neglect, or is illegible.
(c)
Whenever a sign is determined to be in violation of this chapter or the Borough Building Code, becomes structurally unsafe, or endangers the safety of a building or premises or the general public, certified written notice shall be given to the owner of the sign or the owner of the premises on which such sign is located that such sign shall be made safe or removed by the business or property owner within five days of receipt of such notice. A sign shall be considered unsafe upon the lapse of the insurance required by § 290-1303A.
(d)
If after five days of receipt of such notice as specified in § 290-1302P(1)(c) above such sign is not made safe or removed by the business owner or property owner, the issue with the sign shall be corrected or the sign shall be removed by the Borough after 10 working days of receipt of such notice at the expense of the owner of the property on which it is located.
(2)
Abandonment. No person shall maintain or permit to be maintained on any premises owned or controlled by him a sign which has been abandoned. An "abandoned sign," for the purposes of this article, is a sign erected on and/or related to the use of a property which becomes vacant and unoccupied for a period of six months or more or any sign which was erected for a prior occupant or business or any sign which relates to a time, event or purpose which is past. Any such abandoned sign shall be removed by the landowner or person controlling the property or by the Borough upon notification, at the owner's expense, if the sign becomes a threat to the public health, safety or welfare.
Q.
Sign area. The gross sign area shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between adjacent elements of the same. Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In the case of an open sign made up of individual letters, figures or designs, the space between such letters, figures or designs shall be included; in computing the area of a double-face sign, only one side shall be considered, provided that both faces are identical. In V-shaped structures the interior angle of which exceeds 45°, both sides shall be considered in computing the sign area. See Figure 13-1.
Figure 13-1  |
R.
Illumination.
(1)
The following regulations shall apply to signs when illumination is proposed:
(a)
Signs shall be illuminated with steady, stationary, shielded light sources directed solely onto the signs without causing glare. There shall be no illumination of a flashing or intermittent type, except as permitted for electronic changing message signs as permitted by § 290-1302R(2).
(b)
Lighting of signs shall not shine directly upon adjacent properties nor within the normal line of vision of pedestrians or motorists using streets or sidewalks within public rights-of-way.
(c)
Lighting shall be shielded so that the source of light shall not be visible from any point off the lot on which the sign is located, except for digital signs as permitted by this section.
(d)
Internally illuminated signs shall be permitted through the use of either translucent materials or backlighting so long as the source of the lighting complies with all other requirements of this chapter. Illumination shall be permitted for individual or groups of letters on a sign face or individual internally illuminated letters or backlit letters, but backlighting of an entire sign face shall not be permitted. See examples in § 290-1306.
(e)
Strings of bulbs are not permitted, except as part of a holiday celebration or temporary seasonal decorations.
(f)
No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal.
(g)
Neon window signs may be permitted in cases where they are custom designed to be compatible with the building's historic and/or architectural character and exterior color.
(h)
All signs shall comply with the applicable requirements of the UCC.
(2)
Digital and electronic changing message signs. Such signs may be permitted for nonresidential uses and shall comply with all other requirements of this chapter and the following regulations:
(a)
Displayed messages shall be visible for a minimum of six seconds.
(b)
A change in displayed message shall occur within one second.
(c)
No visual scrolling, movement, fading or dissolving is permitted and messages shall not overlap.
(d)
The sign shall be equipped with automatic day/night dimming to reduce the illumination intensity of the sign from one hour after sunset to one hour prior to sunrise.
(e)
The sign shall be equipped with an automatic shutoff in case of failure or error that would result in the sign projecting a full intensity all-white image for an extended period of time.
(f)
The use of animation, sound and full-motion video is prohibited.
(g)
The size of electronic changing message signs shall be limited to 1/3 of the size of the sign or 12 square feet, whichever is less.
S.
Temporary sign regulations.
(1)
Permits shall not be issued for a period in excess of six months.
(2)
Any freestanding sign shall be located a minimum of five feet from any lot line.
(3)
Signs shall be removed immediately upon expiration of the permit or cessation of the activity to which they pertain, whichever is sooner.
(4)
The site or building on which the sign was erected shall be restored to its original condition upon removal of the sign.
§ 290-1303 Sign permits, bond, license.
A.
Except for signs included under § 290-1303B and C below, all signs shall require a permit in accordance with the following:
(1)
Applications for sign permits shall be filed in duplicate and on forms furnished by the Borough and shall be accompanied by detailed plans and specifications and such other information deemed necessary by the Zoning Officer to determine the location and details of sign construction.
(2)
Permit fees shall be collected prior to the issuance of a permit. Permit fees shall be as designated by the Borough Council.
(3)
No permit shall be issued until a license and a bond or liability insurance policy, as herein provided, and the property owners' consent and signature have been filed.
(4)
Before any permit will be issued for any sign projecting over any public property or right-of-way, a liability insurance policy or an indemnity bond in an amount and form satisfactory to the Borough shall be posted and maintained for the life of the sign.
(5)
The Borough Zoning Officer shall approve or deny applications for sign approval permits within 30 working days from the date of the filing of the complete application with the required fee. If an application is denied, the applicant shall receive notification in writing stating the reason for denial along with the specific provision or provisions of this chapter that were not met by the application.
(6)
The Zoning Officer is hereby authorized to revoke any sign permit upon failure of the holder thereof to comply with any provisions of this chapter.
B.
Maintenance of or changes to signs. The following shall not require a permit:
(1)
Regular maintenance of the sign, including electrical, repainting or cleaning.
(2)
The repair of the sign that in no way changes the sign from the original approved application.
(3)
Minor changes to a sign, such as changes to the information on or text of a sign, deemed by the Borough Zoning Officer to be insignificant to the sign. Changes to the size, shape, location, structure or mounting do not constitute minor changes and shall require the submission of a sign permit.
C.
Exempt signs. No permit shall be required for the following signs. These signs shall conform to all other regulations set forth in § 290-1303A and B above.
(1)
Traffic signs and other directional, information or public services signs, such as those advertising the availability of restrooms, telephone or similar public conveniences.
(2)
Signs advertising meeting times and places of nonprofit service or charitable clubs and organizations, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or service, excepting public utilities. Such signs shall be limited to one sign per use and shall not exceed 12 square feet.
(3)
Agricultural signs.
(4)
Address signs.
(5)
Trespassing signs.
(6)
Real estate signs.
(7)
Traffic direction signs.
(8)
Political signs.
(9)
Legal notices.
(10)
Portable signs.
(11)
Temporary professional signs.
(12)
Temporary signs, all other undefined.
§ 290-1304 Sign classification, size, district applicability.
Signs shall be classified, defined, regulated and permitted as follows:
A.
Traffic signs: Signs regulating traffic, naming streets, or describing conditions, which are officially erected by the Commonwealth of Pennsylvania or the Borough of Elverson.
B.
Traffic direction signs: A sign which is designed and erected solely for the purpose of traffic or pedestrian direction for visitors on a property, including but not limited to exit and entrance signs, circulation direction, safety or warning signs, and information or public services signs, such as those advertising the availability of restrooms, telephone, or similar public conveniences, but shall not be used for advertisement.
C.
Identification signs. Signs which display the name of a particular noncommercial or nonindustrial building or use, such as a place of worship, educational use or park.
D.
Address signs. A sign limited to the provision of the official numerical identification address of the property on which it is located.
(1)
One sign shall be permitted per official address for a property in any zoning district. Where more than one address is located on a property, each address may have one sign or all of the address signs may be placed on one sign, totaling the combined sign area for all of the applicable uses.
(2)
Dimensional requirements. Not to exceed two square feet.
E.
Residential development sign. A sign which displays the name of a residential development in any zoning district.
(1)
One freestanding ground sign for each street frontage or at each access to a subdivision, development or complex shall be permitted which may indicate the name and address, provided the sign shall not exceed 15 square feet.
(2)
Multifamily uses may have, in addition to or in replacement of signs in § 290-1304E(1) above, one development identification sign mounted as a wall sign that shall not exceed nine square feet on a multifamily building for identification purposes, displaying the name and/or address of the building.
H.
Temporary signs. A sign that is not permanently affixed to the ground or a structure and/or which is intended to be displayed for a limited time. Temporary signs typically are mounted in a standard metal or wire frame with legs that may be pressed into the ground. Such signs may include specific types of temporary signs or temporary signs to be placed at the property owners' discretion for personal expression or interest.
(1)
General regulations.
(a)
Permitted in all zoning districts.
(b)
Temporary signs shall be placed a minimum of five feet from any lot line or street cartway (edge of pavement).
(c)
Signs shall be removed immediately upon completion of the associated active work or event.
(d)
Temporary signs shall be firmly anchored into or secured to the ground either by posts to be pressed into the ground or other similar method but shall not be permanently affixed.
(3)
Professional signs. A temporary sign of a contractor, architect or artisan displayed on a temporary basis on the premises at which the services are being performed.
(4)
Temporary event signs. A temporary sign noting a special event, such as a fair, event, yard sale, or a seasonal activity, such as the sale of Christmas trees.
(a)
Dimensional requirements. Not to exceed 12 square feet.
(b)
No more than one such sign shall be permitted per street frontage on the property where such event or activity shall take place.
(c)
Signs may be placed not more than seven days prior to the sale or event and shall be removed before the end of the day of the sale or event.
(6)
Political signs. Temporary signs pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.
(a)
Signs shall be approved by the property owner on which the signs are placed.
(b)
Such signs may be placed 60 days prior to and shall be removed within five days after the event or election for which the sign is intended has occurred.
(c)
Dimensional requirements. Not to exceed six square feet.
(d)
No more than two such signs shall be permitted per street frontage on a single lot.
(7)
Portable signs. A temporary sign that is not fixed, attached or anchored in a permanent position, that is capable of being readily moved or relocated, including but not limited to sandwich boards, placards or other similar signs mounted on a frame or chassis on wheels or supported by legs but not pressed or extended into the ground or other surface.
(a)
Portable signs shall be placed on the same lot as the use for which the sign is associated.
(b)
The sign area of a portable sign shall not exceed six square feet and shall not exceed three feet in height.
(c)
Not more than two such signs shall be placed on a premises.
(d)
Signs shall be located a minimum of five feet from any lot line or street cartway (edge of pavement).
(e)
Portable signs shall comply with all other applicable regulations of this chapter and shall not be placed to impede pedestrian traffic or constitute a hazard to or impede pedestrians or automobile circulation.
(f)
Such signs shall be permitted to be placed for viewing during the regular business hours of the associated use and shall be removed from public view and placed indoors or in a secure location when the associated business is closed.
(8)
Temporary new construction signs. A temporary sign indicating that the premises is in the process of being subdivided and/or developed for the construction of dwellings or other buildings and/or uses that may include the name of the subdivision, development or developer.
(a)
One temporary ground sign shall be permitted for each street the subdivision, development or property fronts upon.
(b)
Dimensional requirements. Sign area shall not exceed 15 square feet.
(c)
Such signs shall be removed within five days after dedication of streets to the Borough or upon substantial improvement of the project.
(9)
Temporary signs, all other temporary signs not specifically defined.
(a)
Dimensional requirements. Sign area shall not exceed six square feet.
(b)
In addition to specific temporary sign types listed under this § 290-1304H, temporary signs shall be permitted for each use and shall be approved by the owner of the property on which the signs are placed at the owner's discretion.
(c)
Not more than one undefined temporary sign shall be permitted on a lot at any given time.
(10)
Temporary window signs. See § 290-1304I(3)(e)[2].
I.
Nonresidential signs. Signs used to attract attention to a permitted use on the same premises. Such signs normally include the identifying name, type of business or entity, and trademark of the establishment.
(1)
Permitted for nonresidential uses within the zoning districts unless otherwise noted herein.
(2)
Number of signs permitted. In order to limit sign clutter, two signs of two different types as permitted by § 290-1304I(3)(a) through (d) are permitted on any one property. For example, one wall sign and one freestanding ground sign would be permitted; however, one freestanding ground sign and one freestanding pole sign would not be permitted.
(3)
Permitted sign types and regulations.
(a)
Wall signs. A sign mounted on the wall of a building shall not exceed 25 square feet. Mounted signs shall be installed parallel to the supporting wall and project not more than 12 inches from the face of such wall. No more than one wall sign shall be permitted per use.
(b)
Projecting signs. A sign projected perpendicularly from the face of a building to which it is attached shall extend no more than 42 inches, with a minimum height of 10 feet from ground level, and have a maximum area of 25 square feet. No more than one projecting sign shall be permitted per use.
(c)
Freestanding signs. A permanent, detached sign not attached to any building, erected as signage for the associated use or uses on the same parcel within the limits of the front yard of the property to which they pertain. No more than one freestanding sign shall be erected within the limits of the front yard of the property to which it pertains only, regardless of how many individual uses are located on the property. Freestanding signs shall have a maximum area of 25 square feet; provided, however, that freestanding signs advertising multiple use of a single property shall permit an additional 12 square feet of sign face per additional use.
[1]
Ground sign. A freestanding sign, other than a pole sign, placed directly on the ground, with no gaps or space between the ground and the sign, and permanently attached thereto, without supports or pylons, independent from any building or structure. Ground signs shall not exceed four feet in height to the top of the sign from the average ground level at the base of the sign.
[2]
Pole sign. A freestanding sign, other than a ground sign, including any sign supported by poles, uprights or braces, placed upon, or in, or supported by the ground, independent from any building or structure. Pole signs shall be supported and permanently placed by embedding, anchoring or connecting the sign to the ground by one or more poles, posts or other similar structure. Freestanding pole signs shall not exceed 16 feet in height. Pole signs shall not be permitted within the (TC) Town Center District.
(d)
Awning signs. A sign painted, stitched, or otherwise attached to the cover of an architectural projection from a wall over a window or entrance. No more than one awning sign shall be permitted per use. Such sign shall be limited to establishment name, logo, and street number. Such sign shall be painted on or attached flat against the surface of the awning but not extend beyond the valance or be attached to the underside. Letters shall not exceed 10 inches in height. A minimum of eight feet above sidewalk level shall be permitted for pedestrian clearance.
(e)
Window signs. A sign which is visible to persons in vehicles or to pedestrians on adjoining property or public sidewalks and located on the outside or inside of a window in a building or structure to direct attention to a use conducted in or product sold in the structure. For purposes of this definition, "window" means any translucent and/or transparent surface in a building or structure.
[1]
Permanent window signs. A permanent sign affixed to, etched or painted upon the interior or exterior surface of a window or otherwise displayed through or upon a window, including permanent signs hung directly inside or mounted onto a window pane.
[2]
Temporary window signs. A temporary sign that may be placed on a window or door, visible to persons in vehicles or to pedestrians, that may be temporarily affixed by suction cups, adhesives, wires or hung from the ceiling, placed on a windowsill, or any other temporary method of placement but not permanently painted, affixed or otherwise placed.
[3]
Sign area. A maximum of 25% of the total window area may be covered by a combination of permanent window signs and temporary window signs.
J.
Off-site signs.
(1)
Off-site signs shall be permitted on properties that front upon Main Street (Route 23) or Conestoga Road (Route 401) within the Borough for the purposes of providing advertisement for businesses that do not front upon Main Street (Route 23) or Conestoga Road (Route 401) but are within the vicinity and accessed from side streets or access roads perpendicular to Main Street (Route 23) or Conestoga Road (Route 401). Properties that front upon Main Street (Route 23) or Conestoga Road (Route 401) upon which off-site signs may be permitted shall not be permitted to utilize such off-site site signs to advertise for the on-site use of the property; off-site signs shall be explicitly permitted to advertise for uses on another property as permitted herein.
(2)
Where such signs are permitted, there shall be not more than one off-site sign on an individual property which shall not exceed 12 square feet in area, except where there is more than one use being advertised, an additional 10 square feet may be added to the sign for each additional use; however, no off-site sign shall exceed a maximum of 60 square feet.
(3)
The applicant(s) must present a lease, proof of ownership, or other agreement with the property where the off-premises sign will be located for approval by the Borough, proving the applicant(s) may construct, have contracted, or use the off-premises sign and any agreements for the location, construction, use, maintenance or removal of such sign.
(4)
An off-site sign shall be an independent sign from any other permitted sign on a property and shall be separated from any other sign a minimum of twice the greatest dimension of either the off-site sign or the nearest sign thereto. For example, if there is one ground sign on a property in addition to an off-premises sign that is five feet in height, the off-site sign shall be separated a minimum of 10 feet from the ground sign and shall not infringe upon the visibility of the ground sign.
(5)
Only one associated off-site sign shall be permitted per use.
(6)
Off-site signs shall be separated by a minimum distance of 200 feet.
(7)
No off-site sign shall interfere with the visibility of any other permitted sign on a property or violate any other provision of this chapter.
K.
Billboard signs. A sign used to direct attention to a business, commodity, service or entertainment not conducted, sold or offered upon the premises where such sign is located.
(1)
Location. Billboards shall be permitted within the Borough south of Conestoga Road (Route 401) when approved by conditional use within all applicable zoning districts.
(2)
Dimensional requirements. Sign area shall not exceed 300 square feet, and in no case shall the face of the billboard exceed 20 feet in height or 30 feet in length.
(3)
Billboards shall in no case exceed 35 feet in height.
(4)
Billboards shall have a separation distance from any other billboard a distance of a minimum of 500 feet.
(5)
No billboards shall be located within 100 feet of any property line or any other structure.
(6)
No billboards shall be located within 500 feet of any street intersection.
(7)
Such signs may be externally lit, but shall comply with the lighting provisions of this chapter and shall comply with the IESNA (Illuminating Engineering Society of North America) recommended practices and criteria contained in the IESNA Lighting Handbook, including but not limited to "full cutoff" fixtures. All lighting fixtures shall be aimed to illuminate the advertising copy only and so as to not project or reflect light onto a neighboring use or property.
(8)
Billboards may be a digital sign or an electronically changing message sign, in which case, they shall also meet the applicable regulations in § 290-1302R of this article.
(9)
Billboards shall meet all other applicable Borough, state and federal regulations.
§ 290-1305 Nonconforming sign regulations.
Nonconforming signs shall be in accordance with Article XV.
§ 290-1306 Sign definitions and illustrations.
In addition to the definition of sign in Article II and definitions otherwise incorporated within the sections of this article, the following additional definitions and illustrations apply to this chapter:
A.
Abandoned sign: A sign erected on, or related to, the use of a property which becomes vacant and unoccupied for a period of time, or any sign which relates to a time, event or purpose which has past.
B.
Digital sign: An advertising sign that utilizes digital or video light-emitting diodes (LEDs) or similar electric methods to create an image display area.
C.
Double-faced sign: A sign which displays a message, information, or advertising on both faces of the sign.
D.
Electronically changing message sign: A digital sign or portion thereof displaying frequent message changes that are rearranged electrically without physically altering the face or surface of such signs.
E.
Illuminated sign: A sign designed to project or reflect artificial light from an internal or external source. Illumination may occur through an external source which may directly or indirectly illuminate a sign; an internal source which may provide illumination through transparent or translucent materials; or digitally through light-emitting diodes (LEDs) or similar technology.
F.
Nonconforming sign: A sign that does not conform to the zoning requirements at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such sign was lawfully in existence prior to the enactment of such ordinance or amendment or as a result of action by the Zoning Hearing Board.
G.
Permanent sign: A sign that is intended for long-term use attached to a building, structure or the ground through mounting, bolting, concrete footings, or other similar means that enable the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign.
H.
Illustrations of sign types: The following illustrations provide examples for each sign type but shall not be used directly for the regulation of each sign in terms of size, shape, color or other criteria:
Address sign.  |
Awning Sign.  |
Billboard.  |
Digital/Electronic Changing Message Sign.  |
Freestanding Ground Sign.  |
Freestanding Pole Sign.  |
Home occupation sign.  |
Identification Sign.  |
Illuminated Signs, Permitted  |
Illuminated Signs, Not Permitted  |
Multiple-Use Sign (Wall, Projecting, Freestanding Ground, Freestanding Pole).  |
Political signs.  |
Portable Sign.  |
Projecting Sign.  |
Real Estate Sign.  |
Residential Development Sign.  |
Temporary Signs, All Other Undefined.  |
Temporary New Construction Sign.  |
Temporary Professional Sign.  |
Traffic Direction Sign.  |
Traffic Direction Sign.  |
Traffic Sign. |
Trespassing Sign.  |
Wall Sign.  |
Window Sign, Permanent  |
Window Sign, Temporary  |