The purposes of this article are the following: to encourage the effective use of signs as a means of communication in the Borough of Emsworth, to maintain and enhance the Borough's aesthetic environment and its ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of this article's provisions.

Section 245-54, Computations, explains how to calculate sign areas, sign heights, and maximum total permitted sign areas for lots. These items are used throughout this article, and thus, § 245-54 applies to all regulated signs. Section 245-55, Signs allowed on private property with and without permits, addresses and exclusively applies to regulated signs on private property, stating what kinds of signs are allowed in each zoning district, when zoning and occupancy permits are needed for a sign, how much total permitted sign area each lot may have, how many individual signs each lot may have, what dimensions each sign may be, where each sign may be located on its lot, and what characteristics each sign may have.

Section 245-56, Design, construction and maintenance, sets design, construction, and maintenance requirements for all regulated signs. Section 245-57, Signs in public right-of-way, addresses and exclusively applies to regulated signs in public rights-of-way, stating what kinds of signs are allowed there, when signs may be forfeited to the Borough, and when occupancy permits are required for signs in this location. Section 245-58, Signs exempt from requirements of article, lists which signs are not regulated by this article. Section 245-59, Prohibited signs, explains what kind of signs are prohibited from the Borough. Section 245-60, Occupancy permits for temporary signs on private property, provides some rules for temporary signs on private property that § 245-55 requires to have occupancy permits. Section 245-61, Abandoned signs, explains when abandoned signs must be removed.

A nonconforming sign is defined as a sign that was legally established before the effective date of this chapter's enactment (see § 245-6, Effective date of chapter's enactment), and does not conform the requirements of § 245-54, Computations, § 245-55, Signs allowed on private property with and without permits, § 245-57, Signs in public right-of-way, or § 245-59, Prohibited signs. Section 245-62, Nonconforming signs, addresses and exclusively applies to nonconforming signs: explaining how they are to receive nonconforming status, how they are to be maintained, how they are to be brought into conformance, and when they must be removed.

Article VI applies to all signs located in the Borough of Emsworth.

How to compute the sign area of individual signs. The area of a 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 the provisions of this chapter and is clearly incidental to the display itself.

How to compute the sign area of multifaced signs. 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 area 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.

How to compute sign height. 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 existing grade prior to construction or 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 lot, whichever is lower.

How to compute the maximum total permitted sign area for a lot. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula contained in Table B of § 245-55, Signs allowed on private property with and without permits, to the lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.

Signs are allowed on private property in the Borough of Emsworth in accordance with, and only in accordance with, Table A below. If the letter "P" appears for a sign type in a column of this table, such a sign is allowed on private property in the zoning district represented by that column without any of the permits mentioned in the paragraph below. If the letter "S" appears for a sign type in a column of this table, such a sign is allowed on private property in the zoning district represented by that column only after the permits required in the paragraph below have been obtained for the sign. If the letter "N" appears for a sign type in a column of this table, such a sign is not allowed on private property in the zoning district represented by that column.

If Table A requires a sign of the "temporary" sign type to have permits in a particular zoning district, an occupancy permit must be obtained for that sign before it may be erected. If Table A requires a sign of any other sign type to have permits in a particular district, a zoning permit must be obtained for that sign before it may be erected, and an occupancy permit must be obtained for that sign immediately after it is erected. Section 245-15, Zoning permits, explains how to obtain a zoning permit, while § 245-16, Occupancy permits, explains how to get an occupancy permit.

Any sign designated by an "S" or "P" in Table A shall be allowed on private property only if:

All permitted signs must follow the requirements of § 245-56, Design, construction and maintenance.

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or other structural element. Furthermore, all signs shall be maintained in good structural condition, in compliance with all applicable building and electrical codes.

A sign that conforms with the requirements of § 245-54, Computations, § 245-55, Signs allowed on private property with and without permits, § 245-57, Signs in public right-of-way, and § 245-59, Prohibited signs, may be repaired, repainted, removed for repair and then remounted, or replaced with an identical sign without any permits. Note that this chapter considers replacing a sign with a nonidentical sign to be the same as erecting a new sign. Thus, such a replacement may or may not require a zoning and/or an occupancy permit, depending on the type and location of the involved sign.

Sign types allowed in public rights-of-way:

Forfeiture of signs located in public rights-of-way. Any sign installed or placed on public property, except in conformance with the requirements of this article, shall be forfeited to the Borough and subject to confiscation. The Borough shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.

Occupancy permits for temporary signs in the public right-of-way. All temporary signs that are to be located in the public right-of-way must obtain an occupancy permit via the requirements of § 245-16, Occupancy permits. These permits shall be issued for such signs in accordance with the provisions below.

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

Any sign that is inside a building, not attached to a window or door, or not legible from a distance of more than three feet beyond the lot line of the involved lot or parcel;

Works of art that do not include a commercial message;

Signs on the scoreboard or outfield fence of an athletic field;

Holiday lights and decorations with no commercial message; and

Traffic control signs on private property, such as "STOP," "YIELD," and similar signs, the face of which meet the Pennsylvania Department of Transportation standards and which contain no commercial message of any sort.

Terms. An occupancy permit for a temporary sign on private property shall be valid for 30 days, after which the sign must be removed.

The maximum number of occupancy permits for temporary signs. Only three occupancy permits for temporary signs on private property shall be issued to the same applicant on the same lot in any calendar year.

The requirements of § 245-55. All temporary signs on private property are subject to the requirements of § 245-55, Signs allowed on private property with and without permits.

Applicability. The requirements of this section only apply to nonconforming signs. A nonconforming sign is defined as a sign that was legally established before the effective date of this chapter's enactment (see § 245-6, Effective date of chapter's enactment), and does not conform the requirements of § 245-54, Computations, § 245-55, Signs allowed on private property with and without permits, § 245-57, Signs in public right-of-way, or § 245-59, Prohibited signs. Because nonconforming signs are not illegal, they have a right to temporarily remain in place and to be maintained. However, they must adhere to the requirements of this section.

Phasing out nonconforming signs. So long as it does not threaten the public health or welfare, a nonconforming sign may temporarily maintain its nonconforming characteristic or characteristics. However, all nonconforming signs that are not temporary shall be brought into conformance with the requirements of §§ 245-54, 245-55, 245-57, and 245-59 within 10 years of the effective date of this chapter's enactment (see § 245-6, Effective date of chapter's enactment). All nonconforming temporary signs shall be brought into conformance with the requirements of §§ 245-54, 245-55, 245-57, and 245-59 within 60 days of the effective date of this chapter's enactment (see § 245-6, Effective date of chapter's enactment).

Nonconforming status. The following rules apply to or concern all nonconforming signs:

Maintaining nonconforming signs. The following rules apply to all nonconforming signs:

Replacing nonconforming signs:

Enlarging, relocating, or altering nonconforming signs:

Bringing a nonconforming sign into conformance. If a nonconforming sign is altered so that it becomes a conforming sign, it shall not be subsequently altered back to a nonconforming state. Likewise, if a nonconforming sign is replaced with a conforming sign, that conforming sign shall not be subsequently replaced with another nonconforming sign.

Abandoned nonconforming signs. If a conforming use has been discontinued for a total of 12 months within an eighteen-month period, then all nonconforming signs that are related to that use, as well as any structures that support these signs, shall be known as "abandoned nonconforming signs." Likewise, if a nonconforming use has been abandoned as described in § 245-17, Nonconformities, Subsection D(4), then all nonconforming signs that are related to that use, as well as any structures that support these signs, shall be known as "abandoned nonconforming signs." All abandoned nonconforming signs shall be removed at the expense of their owners. If such a sign is not removed, the Zoning Officer shall enforce this requirement via the procedures given in § 245-19, Enforcement; violations and penalties.