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Fountain Hill City Zoning Code

PART 7

SIGNS

§ 701 Applicability.

[Ord. 736, 9/8/2008]
A. 
Purposes. This Part 7 is intended to promote and maintain overall community aesthetic quality; establish reasonable time, place and manner of regulations for the exercise of free speech, without regulating content; promote traffic safety by avoiding distractions and sight distance obstructions; and protect property values and ensure compatibility with the character of neighboring uses.
B. 
Permit Required. A zoning permit shall be required for all signs, except for signs meeting the requirements of § 703 and nonilluminated window signs constructed of paper, posterboard or similar materials and that are not of a permanent nature. Only types, sizes and heights of signs that are specifically permitted by this Part 7 within the applicable district shall be allowed.
C. 
Changes on Signs. Any lawfully existing sign (including nonconforming signs) may be painted or repaired or changed in logo or message without a new permit under this Part 7, provided that the changes do not increase the sign area or otherwise result in noncompliance or an increased nonconformity with this Part 7.

§ 702 Nonconforming Signs.

[Ord. 736, 9/8/2008]
A. 
Signs legally existing at the time of enactment of this Part 7 and which do not conform to the requirements of this Chapter shall be considered nonconforming signs. A nonconforming sign shall not be expanded or extended in any manner that would make it more nonconforming.
B. 
After a permit has been issued, an existing lawful nonconforming sign may be replaced with a new sign, provided that the new sign is not more nonconforming in any manner than the previous sign.

§ 703 Miscellaneous Signs Not Requiring Permits.

[Ord. 736, 9/8/2008]
A. 
The following signs shall be permitted by right within all zoning districts within the following regulations and shall not be required to have a permit under this Part 7. See footnotes at the end of the table.[1]
[1]
Editor's Note: The Table of Sign Requirements, which followed, is included at the end of this Chapter.
B. 
In addition, the following types of signs are not regulated by this Part 7:
(1) 
Historic Sign: a sign that memorializes an important historic place, event or person and that is specifically authorized by the Borough or a county, state or federal agency.
(2) 
Holiday Decorations: decorations that commemorate a holiday recognized by the Borough, county, state or federal government and that does not include advertising.
(3) 
Not-Readable Sign: a sign that is not readable from any public street or any exterior lot line.
(4) 
Official Sign: a sign erected by the state, county, Borough or other legally constituted governmental body, or specifically authorized by Borough ordinance or resolution, and which exists for public purposes.
(5) 
Required Sign: a sign that only includes information required to be posted outdoors by a government agency or the Borough.
(6) 
Right-of-Way Sign: a sign posted within the existing right-of-way of a public street and officially authorized by the Borough or PennDOT.

§ 704 Freestanding, Wall and Window Signs.

[Ord. 736, 9/8/2008]
A. 
The following signs are permitted within the specified zoning districts, in compliance within the following regulations.[1] In addition, exempt signs and temporary signs are permitted in all districts by other provisions of this Part 7. See definitions of the types of signs in § 711.
[1]
Editor's Note: The Table of Freestanding, Wall and Window Signs, which followed, is included at the end of this Chapter.
B. 
Height of Wall Signs. The maximum height of wall signs shall be equal to the top of the roof along the wall to which they are attached. If a nonstructural extension is added to a roof, the maximum height of the wall sign shall be the top of the structural roof.
C. 
Portable Signs (Including Signs on Mobile Stands) and Other Temporary Signs.
(1) 
Purpose. These standards recognize portable signs as a particular type of sign that has the characteristics of a temporary sign but that has been inappropriately used as a permanent sign. This Section is based on the policy that if a use desires to regularly display a sign for regularly changing messages, that it erect a permanent sign within all of the requirements of this Part 7.
(2) 
Definition.
PORTABLE SIGN
A freestanding sign that is attached to a chassis or legs that allows it to be towed or carried from one location to another and that is not permanently attached to the ground.
(3) 
Portable signs are prohibited in all districts, except as a temporary charitable event sign complying with § 703.
D. 
Signs on Freestanding Walls. A freestanding sign may be attached to a decorative masonry or stone wall with a maximum height of five feet and a maximum length of 10 feet without being regulated by the wall setback regulations of this Chapter and with the wall itself not counting towards the maximum sign area. Sight distance requirements shall still be met.
E. 
Sign Area Bonus. In a commercial district, the maximum sign area for a freestanding sign may be increased by 25% beyond the size that would otherwise be allowed if the sign is not internally illuminated and if the base of the sign is surrounded by landscaping.

§ 705 Abandoned or Outdated Signs.

[Ord. 736, 9/8/2008]
Signs advertising a use no longer in existence shall be removed within 90 days of the cessation of such use. If the owner of a property does not remove such sign within 30 days after receiving a written notice from the Zoning Officer, the sign may be removed by the Borough at the expense of the property owner.
A. 
These time limits shall not apply to a sign intended to be reused with a new sign face serving a building that is clearly temporarily vacant and being offered to new tenants or for purchase.

§ 706 Location of Signs.

[Ord. 736, 9/8/2008]
The following shall regulate the location of signs:
A. 
Setbacks. A sign shall not intrude into or project over an existing street right-of-way, unless specifically authorized by a permit from the Borough or PennDOT. Projecting signs meeting the requirements for such signs and official signs shall be allowed within the right-of-way. The Borough Police Department, Zoning Officer or his/her designee or any other person shall have the authority to remove and dispose of unauthorized signs within the street right-of-way or that are attached to a utility pole or tree.
(1) 
The Borough Council may approve a temporary banner over a street cartway to advertise a charitable or Borough-sponsored event.
B. 
Sight Clearance. No sign shall be so located that it interferes with the sight clearance requirements of § 803C.
C. 
Off-Premises. No sign except permitted off-premises, official, political or public service signs shall be erected on a property to which it does not relate.
D. 
Permission of Owner. No sign shall be posted on any property or sign pole or public utility pole unless permission has been received from the owner.

§ 707 Illumination of Signs.

[Ord. 736, 9/8/2008]
See § 507, Control of Light and Glare, in Part 5 (including § 507H) and provisions in § 704A within residential districts.

§ 708 Vehicles Functioning as Signs.

[Ord. 736, 9/8/2008]
Any vehicle or trailer displaying a sign area greater than 20 square feet that is being used in such a manner that the carrying of sign(s) no longer is incidental to the primary purpose of the vehicle or trailer but becomes a primary purpose in itself shall be considered a freestanding sign and shall be subject to all of the requirements for freestanding signs. This shall include but not be limited to a vehicle that is parked in the front yard of a business within clear view of a street and that is not moved to another lot at least once a week.

§ 709 Prohibited Signs.

[Ord. 736, 9/8/2008]
A. 
Any moving object used to attract attention to a commercial use shall be prohibited. Any banner or flag that does not meet the requirements of this Part 7 shall be prohibited.
B. 
Flashing, blinking, twinkling, animated or moving signs of any type shall be prohibited. A sign may electronically change from one message to another message, provided that the message does not flash and stays on for a duration of at least 25 seconds. In addition, flashing lights visible from a street shall not be used to attract attention to a business. This restriction specifically includes window signs but does not prohibit seasonal Christmas lighting or displays that comply with § 703.
C. 
Signs which emit smoke, visible vapors or particles, sound or odor shall be prohibited.
D. 
Signs are prohibited which contain information that states that a lot may be used for any purpose not permitted under the applicable provisions of this Chapter.
E. 
Signs shall be prohibited that are of such character, form, shape or color that they imitate or resemble any official traffic sign, signal or device or that have any characteristics which are likely to confuse or distract the operator of a motor vehicle on a public street (such as prominent use of the word "danger").
F. 
Signs or displays visible from a lot line that include words or images that are obscene or pornographic shall be prohibited.
G. 
Balloons of greater than 40 cubic feet that are tethered to the ground or a structure for periods of 12 hours shall be prohibited.
H. 
Floodlights and outdoor lasers used for advertising purposes shall be prohibited.

§ 710 Construction of Signs.

[Ord. 736, 9/8/2008]
Every sign (except allowed temporary signs) shall be constructed of durable materials. Every sign shall be kept in good condition and repair. The Zoning Officer shall, by written notice, require a property owner or lessee to repair or remove a damaged, dilapidated or unsafe sign within a specified period of time. If such order is not complied with, the Borough may repair or remove such sign at the expense of such owner or lessee.

§ 711 Measurement and Major Types of Signs.

[Ord. 736, 9/8/2008]
A. 
Sign Definitions. The following definitions shall be used in determining whether signs meet the measurement and type requirements of this Part 7:
BUILDING FACE
The vertical area of a particular side of a building, but not including the area of any slanted roof.
FREESTANDING SIGN
See Part 2.
HEIGHT OF SIGN
The vertical distance measured from the average ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols shall not be restricted by the sign heights of this Part 7 when extending above the roofline or attached to a tower or spire of a place of worship.
ILLUMINATED SIGN, INTERNALLY
A sign illuminated by light from within the sign rather than a source adjacent to or outside of the sign. A sign within a display case with lights only shining onto the front of the sign shall be considered to be externally illuminated.
OFF-PREMISES SIGN
See Part 2.
SIGN
See Part 2.
WALL SIGN
A sign primarily supported by or painted on a wall of a building and which does not project more than two feet from such wall. A wall sign may project up to three feet if it is attached to an awning.
WINDOW SIGN
A sign which is readily visible and can be at least partially read from an exterior lot line and which is attached to a window or transparent door or that can be read through a window or transparent door.
B. 
Measurement of Sign Area.
(1) 
Sign area shall include all lettering, wording and accompanying designs and symbols, together with related background areas on which they are displayed. One freestanding sign may include several signs that are all attached to one structure, with the total sign area being the area of a common geometric form that could encompass all signs.
(2) 
The sign area shall not include any structurally supporting framework, bracing, or supports if such area does not include any display, lettering or sign and if such area is clearly incidental to the sign area itself.
(3) 
Where the sign consists of individual letters or symbols attached to or painted directly on a building or window, other than an illuminated background that is a part of the sign, the sign area shall be the smallest rectangle that includes all of the letters and symbols.
(4) 
The maximum sign area shall be for each of two sides of a sign, provided that only one side of a sign is readable from any location.
(5) 
Unless otherwise specified, all square footages in regard to signs are maximum sizes.

§ 712 Off-Premises Signs (Including Billboards).

[Ord. 736, 9/8/2008]
A. 
Purposes. Off-premises signs are controlled by this Part 7 for the following purposes: to ensure that a physical environment is maintained that is attractive to desirable types of development; to prevent visual pollution in the Borough and protect property values, especially in consideration of the fact that most commercial areas of the Borough are within close proximity to existing residences; to prevent glare on adjacent property and streets; to avoid the creation of additional visual distractions to motorists, especially along busy arterial streets that involve complex turning movements and numerous traffic hazards; to recognize the numerous alternative forms of free speech available in the Borough, including existing nonconforming off-premises signs and on-premises signs; and to carry out the purposes listed in § 701.
B. 
Nonconforming Off-Premises Signs. This Section is not intended to require the removal of an existing lawfully placed off-premises sign that is in a structurally sound condition.
C. 
PennDOT Signs. Signs erected and maintained by PennDOT are permitted by right in all districts.
D. 
Permitted Off-Premises Signs. Except for signs allowed by § 703, an off-premises sign is only permitted if it meets the following requirements:
(1) 
District. An off-premises sign is only permitted in the GC District.
(2) 
Location. An off-premises sign shall be set back a minimum of 25 feet from all lot lines and street rights-of-way.
(3) 
Maximum sign area: 300 square feet.
(4) 
Spacing. Any off-premises sign shall be separated by a minimum of 1,000 feet from any other off-premises sign, including signs on either side of a street and including existing signs in other municipalities. No lot shall include more than one off-premises sign.
(5) 
Maximum Height: 35 feet above the elevation of the adjacent street or highway, measured at the street or highway center line.
(6) 
Attached. No off-premises sign or sign face shall be attached in any way to any other off-premises sign, except that a sign may have two sign faces of 300 square feet each if they are placed approximately back-to-back.
(7) 
Control of Lighting and Glare. See standards in § 507.
(8) 
Residences. No off-premises sign greater than 30 square feet in sign area shall be located within 200 feet from a lot line of an existing dwelling.
(9) 
Condition. The sign shall be maintained in a good and safe condition. The area around the sign shall be kept free of debris.

§ 713 Signs for an Institutional Campus.

[Added by Ord. No. 881, 1/2/2024]
A. 
Institutional Campus Definition.
INSTITUTIONAL CAMPUS
A property located within the Institutional Zoning District developed as a unified campus of one or more than one buildings either on one lot or on adjacent lots, developed with a coordinated internal infrastructure system that encourages the sharing of facilities. The principal facility in the institutional campus shall have an institutional use as a principal use. An institutional campus may include other principal uses as well as accessory buildings and accessory uses such as administrative buildings, parking lots, housing, a heliport, cafeterias, gift shops, newsstands, and other customary incidental uses. The minimum lot area (inclusive of adjacent lots) for an institutional campus shall be 20 acres.
B. 
Signs for an institutional campus shall be in accordance with this Part 7, except as modified and supplemented by this section.
C. 
Except as specifically provided below, signs in an institutional campus may be continuously externally and/or internally illuminated. The light intensity of electronic or digital message signs shall be automatically controlled to permit the light intensity to be reduced during non-daylight hours. A sign shall not be animated, shall not appear to be moving and shall not change its message more often than once every 60 seconds.
D. 
Wall, Banner and Window Signs.
(1) 
Wall, banner, and window signs shall be limited in the aggregate to 5% of the area of the faces of buildings on which they are placed.
(2) 
The height of wall, banner, and window signs shall not be regulated, except that the tops of such signs shall not be placed at an elevation higher than the highest part of the building, including stair towers, penthouses or roof-mounted equipment screens.
E. 
Up to two freestanding identification signs of up to 250 square feet each in area may be placed at each entrance drive to an institutional campus. In addition, one freestanding sign of up to 250 square feet may be placed at the corner of any intersection abutting an institutional campus. Freestanding signs shall not exceed a height of 10 feet.
F. 
Pole-mounted flag or pennant signs made of fabric or fabric-like polymers shall be permitted along the driveways, walkways, plazas and in parking lots in an institutional campus. Such flag or pennant signs shall be kept in good repair and shall be removed promptly if torn, tattered or faded. Pole-mounted flag and pennant signs shall not exceed 24 square feet in area, except that flag or pennant signs within 100 feet of a building entrance may be up to 40 square feet in area.
G. 
Signs displaying the names of buildings or structures shall be permitted, including donor names, at a height no greater than the top of the building or structure. Such signs shall utilize letters no greater than 30 inches in height and shall not be internally illuminated. These signs shall be in addition in area to signs permitted in § 27-713C.
H. 
In addition to other permitted signs, one on-premises freestanding electronic or digital message sign shall be permitted that has a changeable electronic or digital message area up to 300 square feet in area on each of two sides with the following restrictions being met:
(1) 
No more than 33% of the sign shall be comprised of electronic graphic display area.
(2) 
At least one minute shall elapse between static images.
(3) 
Maximum transition time between successive static images shall be one second and dissolving or fading of static images shall not be permitted.
(4) 
In the event of a malfunction, a default mechanism shall freeze the image in one position.
(5) 
Automatic dimming and brightness.
(a) 
Electronic graphic display signs shall be equipped and operated with automatic dimming technology which automatically dims the luminance during ambient low-light and nighttime (dusk to dawn) conditions to 150 nits or less during the period 30 minutes after sunset to 30 minutes before sunrise and limits the luminance during daylight conditions to 5,000 nits provided that the luminance at no time exceeds 0.3 footcandle of light above the normal ambient light levels.
(b) 
A certification from the sign manufacturer verifying that the electronic graphic display sign is equipped with automatic dimming technology in accordance with this subsection shall be submitted with the sign permit application.
(c) 
The illumination level shall not exceed 0.5 footcandle on any adjoining property that is residentially zoned or contains a residential use.
(d) 
An operation test report shall be submitted as part of the final inspection certified by an electrical or professional engineer that the electronic graphic display sign complies with the luminance requirements of this subsection.
(6) 
No sign shall be located within a 250-foot radius of intersecting public street center lines of an intersection controlled by a traffic signal or similar safety device. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.
(7) 
No sign shall be located within a 100-foot radius from the intersection of center lines of an intersection involving a public street and nonresidential driveways controlled by a traffic signal. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.
(8) 
No sign shall be located within a 100-foot radius of the intersecting center lines of a nonsignalized four-way intersection involving a public street and nonresidential driveways.
(9) 
No sign shall be located within a 100-foot radius from the end of an exit ramp and the separation shall be measured from the point where the ramp taper terminates along the priority road. Also, no sign shall be located within a 100-foot radius from the beginning of an entrance ramp and the separation shall be measured from the point where the ramp taper begins along the priority road.
(10) 
No electronic graphic display sign shall be located within 150 feet of another electronic graphic display sign along the same side of a street.
I. 
Temporary signs or banners similar to the signs permitted above shall also be permitted.
J. 
Signs within an institutional campus that are not legible from an expressway, public street or residential lot, as well as signs for traffic control and/or direction, shall not be regulated.