Heidelberg City Zoning Code
ARTICLE VII
Signs
§ 112-701 Signs.
1.
Applicability. The regulations contained in this article shall apply to all signs in all zoning districts.
3.
General regulations. The following regulations shall apply to signs in all zoning districts:
a.
Restricted signs. The following signs shall not be permitted in any zoning district:
i.
Attention-getting devices;
ii.
Portable signs;
iii.
Festoon lighting;
iv.
Moving or flashing signs, except for that portion of a permitted sign which indicates time or temperature;
v.
Signs on trees, utility poles or official traffic control devices or signs;
vi.
Signs which imitate traffic control devices;
vii.
Signs painted on walls or chimneys of a building or on fences or walls;
viii.
Overhanging signs, as defined herein;
ix.
Signs on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
b.
Exempt signs. The following signs are exempt from these regulations and the requirement to obtain a permit:
i.
Residential identification signs, as defined herein, provided they do not exceed one square foot in surface area;
ii.
Holiday decorations displayed for recognized federal or state holidays, provided they do not interfere with traffic safety or do not, in any other way, become a public safety hazard;
iii.
Real estate signs;
iv.
Political signs;
v.
Construction signs;
vi.
Memorial/historical plaques, as defined herein;
vii.
Public signs;
viii.
Off-premises directional signs erected by a governmental agency;
ix.
National and/or state flags.
c.
Lots with multiple street frontage. In all zoning districts, lots fronting on more than one street shall be permitted to have one of each type of sign which is authorized for the lot on each street frontage.
d.
Temporary signs. In all zoning districts, real estate, construction and development signs shall be considered temporary signs which shall be removed within 30 days of the completion of sales or construction.
e.
Notification signs. In all zoning districts, the number, location and size of legal notification signs erected by public agencies shall be in accordance with the laws of the commonwealth. In all zoning districts, legal notification signs posted on private property by property owners such as "no trespassing," "no hunting" and the like shall be limited to a surface area not exceeding two square feet. The placement and maximum number of signs permitted along road frontages shall be one sign for every 30 feet of road frontage.
f.
Visibility. No sign shall be located in such a position that it will cause a hazard by obstructing visibility for traffic on a street or obscuring a traffic signal or other traffic control device. No sign, other than official traffic signs and off-premises directional signs, shall hang over or be erected within the right-of-way of any street.
g.
Visibility at intersections. No object, including, without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the centerline of any abutting street shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of two streets or the intersection of a nonresidential driveway with a public street. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Said illustration is on file in the Borough offices.
h.
Illumination. Illumination, when authorized by this chapter, shall be directed upon the sign face and not towards adjoining properties or streets. Flashing or oscillating signs shall not be permitted. Lighting shall be stationary and constant in intensity and color at all times. The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as to not exceed a maximum of 1.0 footcandle at the property line.
i.
Maintenance and inspection. All signs shall be constructed of a durable material and maintained in good condition. Any sign found to be in an unsafe condition upon inspection shall be declared to be a public nuisance and the Zoning Officer shall give notice to the owner, in writing, to repair or remove the sign within 10 days. Upon failure of the owner to comply, the Borough shall remove the sign at the owner's expense.
j.
Removal of signs. Whenever any business is discontinued or vacated, all signs relating to the discontinued or vacated business shall be removed within 30 days of the vacation or discontinuance of the business. Upon failure of the owner to comply, the Borough may remove the sign at the owner's expense. The Borough may lien the property for the cost of removing the sign and all legal fees and costs incurred with filing and enforcing the lien.
k.
Permits required. Permits shall be required for all signs except those listed in § 112-701.3.b. The Zoning Officer shall issue the required permits upon submission of an application which complies with all applicable provisions of this chapter and payment of the required fee established from time to time by resolution of Borough Council.
l.
Expiration of permits. Any permit issued by the Zoning Officer for erection, alteration, replacement or relocation of any sign shall expire automatically within six months of the date of issuance if work authorized by the permit has not been initiated and diligently pursued.
m.
Sign location. Except for billboards, political signs and off-premises directional signs, as defined herein, where authorized by this chapter, all signs shall be located on the premises which they are intended to serve.
4.
Signs authorized in all zoning districts. The following signs are authorized in all zoning districts:
a.
Bulletin sign. One bulletin sign which is nonilluminated or indirectly or internally illuminated shall be permitted in connection with any church, school, library or similar public or semipublic building. If the bulleting sign is a wall sign, the surface area shall not exceed 12 square feet. If the bulletin sign is a freestanding ground sign, the surface area shall not exceed 32 square feet.
b.
Real estate sign. One nonilluminated temporary real estate sign shall be permitted on each lot provided the sign shall not exceed six feet in height. The real estate sign shall not exceed 12 square feet in surface area when located in any residential zoning district and shall not exceed 32 square feet in any other zoning district. Such sign shall be removed within 30 days of the sale or rental of the property on which it is located.
c.
Development sign. One nonilluminated temporary development sign shall be permitted on each lot provided the surface area of the sign shall not exceed 16 square feet in surface area. The development sign shall not exceed eight feet in height. Such sign shall be removed within 30 days of the sale or rental of the fast lot or completion of the proposed construction in the development.
d.
Construction sign. One nonilluminated temporary construction sign announcing the names of contractors, mechanics or artisans engaged in performing work on the premises shall be permitted on a lot, provided the sign shall not exceed 12 square feet in area and shall be removed within 30 days of the completion of the work.
e.
Temporary special event sign. One nonilluminated temporary special event display sign, as defined by this chapter, shall be permitted to be erected on the face of a public building, church or building housing a nonprofit organization, provided that the area of the sign shall not exceed 40 square feet and provided the sign is displayed for a period no longer than 30 days and is removed within five days following the event that it is erected to promote.
f.
Home occupation or home office identification sign. One nonilluminated home occupation or home office identification sign shall be permitted for an approved home office or home occupation, provided that the surface area of the sign does not exceed 1 1/2 square feet and the sign shall contain only the name, address and occupation of the resident and shall not contain any logo or other advertising. The sign shall be wall-mounted or affixed to the structure supporting the mailbox.
g.
On-premises directional signs. On any lot which contains two or more multifamily or nonresidential buildings and/or on any lot which provides more than 20 off-street parking spaces, on-premises directional signs shall be permitted, provided that the surface area of any one sign shall not exceed four square feet.
i.
On lots with areas less than one acre, a maximum of four nonilluminated or indirectly illuminated on-premises directional signs shall be permitted. On lots with areas of one acre or more, a maximum of six nonilluminated or indirectly illuminated on-premises directional signs shall be permitted on the first acre. For each additional acre or fraction thereof over one acre, two additional on-premises directional signs shall be permitted.
5.
Signs authorized in Residential Zoning Districts. The following signs shall be permitted in the R-1 (Class One Residential District) and R-2 (Class Two Residential Districts):
a.
Residential plan identification sign. One nonilluminated or indirectly illuminated permanent wall or freestanding ground residential plan identification sign containing only the street address and/or name of a residential subdivision plan or multifamily building or development shall be permitted provided the sign shall not exceed 24 square feet in area. A sign identifying the name of a residential subdivision may be affixed to a freestanding decorative wall, rather than to a building wall, provided that the decorative wall meets all applicable ordinance requirements and does not obstruct visibility for traffic entering or leaving the plan in compliance with the clear sight triangle requirements as set forth above.
b.
Nonresidential identification sign. One nonilluminated or indirectly illuminated wall or freestanding ground identification sign for any nonresidential use, other than a home occupation, which is a legal nonconforming use or which is authorized as a conditional use or use by special exception in a residential zoning district shall be permitted, provided the sign shall not exceed 12 square feet in area.
6.
Signs authorized in commercial and manufacturing districts. The following signs shall be permitted in the C District (Commercial District) and the M District (Manufacturing District):
a.
Temporary special event display. Temporary special event displays, as defined by this chapter, shall be permitted provided that:
i.
No more than two signs or banners shall be permitted on any establishment at any one time;
ii.
The temporary special event display signs shall be securely attached to the building or to the supporting structure of a freestanding pole business identification sign;
iii.
Temporary special event display signs shall be displayed for a period not exceeding 30 days, either consecutively or cumulatively, in any twelve-month period;
iv.
The aggregate surface area of all temporary special event display signs shall not exceed 40 square feet per establishment. In the event that there is more than one establishment on a site, the maximum aggregate surface area of all temporary special event display signs on the site at any one time shall not exceed one 100 square feet;
v.
Portable signs shall not be used as temporary special event display signs; and
vi.
Temporary special event display signs shall be nonilluminated.
b.
Changeable copy sign.
i.
One nonilluminated or internally illuminated changeable copy sign shall be permitted per lot, regardless of the number of businesses on the lot. The changeable copy sign shall be permanently affixed to the wall of the building or to the supporting structure of an authorized freestanding sign on the lot. The combined surface area of the changeable copy sign and the business identification sign shall not exceed 40 square feet.
ii.
Automobile service stations may erect changeable copy signs advertising the prices of gasoline or other fuels, provided that:
(1)
Such signs are permanently mounted whether to the fuel pumps or to the supports of a canopy covering the fuel pumps;
(2)
Such signs shall not be erected higher than 12 feet above the ground;
(3)
There shall be no more than four sign faces per pump island;
(4)
The combined surface area of all such signs at each pump island does not exceed 24 square feet; and
(5)
Such signs shall not be internally illuminated.
c.
Business identification sign.
i.
Wall signs. In the C and M Districts, each business establishment shall be permitted to have wall signs which may be illuminated or nonilluminated. The aggregate surface area of all wall signs for each business shall not exceed one square foot for each lineal foot of width of the front wall of the building, or portion of the building, occupied by the business or a maximum of 300 square feet, whichever is less.
(1)
The wall sign shall not be located on the roof nor extend above the height of the building.
(2)
In the C and M Districts, the aggregate area of all wall signs, regardless of the number of businesses in the building, shall not exceed 5% of the gross area of the front elevation of the building. All signs shall be either nonilluminated or indirectly illuminated. Internally illuminated and flashing signs shall not be permitted.
ii.
Ground signs. In addition to the wall signs, one freestanding ground sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(1)
No freestanding pole sign exists or is proposed to be erected on the lot.
(2)
In shopping centers, the ground sign may contain the name of the shopping center and the names of several individual businesses in the shopping center, provided the total surface area of the ground sign shall not exceed 96 square feet.
(3)
In land developments other than shopping centers, the maximum surface area of the ground sign shall not exceed 32 square feet in the C District and shall not exceed 64 square feet in the M District.
(4)
The height and location of the sign shall be designed so as to not interfere with visibility for vehicular traffic entering or leaving the lot or traveling on any street and in no case shall the total height exceed eight feet.
(5)
Ground signs shall be nonilluminated or indirectly illuminated only. Internally illuminated ground signs shall not be permitted.
(6)
All freestanding ground signs shall be located at least 10 feet from any property line, except where property abuts on a public right-of-way, the ground sign shall be set back at least 10 feet from the right-of-way or at least 15 feet from the edge of the cartway if the right-of-way is not contiguous with the front lot line.
iii.
Ground signs in the C District. In addition to the wall signs, one freestanding ground sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(1)
No freestanding pole sign exists or is proposed to be erected on the lot.
(2)
In retail centers, the ground sign may contain the name of the shopping center and the names of several individual businesses in the shopping center, provided the total surface area of the ground sign shall not exceed 72 square feet.
(3)
In land developments other than retail centers, the maximum surface area of the ground sign shall not exceed 32 square feet. In no case shall any one dimension of the sign be greater than eight feet.
(4)
The height and location of the sign shall be designed so as to not interfere with visibility for vehicular traffic entering or leaving the lot or traveling on any street.
(5)
The maximum height of a ground sign in the C District shall be 11 feet. This height shall be measured from the adjacent grade to the highest part of the sign, frame or supporting or decorative part of the structure. The maximum height shall include any sign supports, base, planting box or any other structure constructed at the base of the sign designed to increase the height of that sign.
(6)
Ground signs may be internally illuminated with the background of the sign being opaque and the letters or symbols translucent.
(7)
Ground signs in a retail center shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
(8)
All freestanding ground signs shall be located at least three feet from any property line, except where property abuts on a public right-of-way, the ground sign shall be set back at least 10 feet from the right-of-way or at least 15 feet from the edge of the cartway if the right-of-way is not contiguous with the front lot line.
iv.
Pole signs. In addition to the authorized wall signs, one freestanding pole sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
(1)
No freestanding ground sign exists or is proposed to be erected on the lot.
(2)
The pole sign shall be nonilluminated, indirectly illuminated or internally illuminated.
(3)
The maximum height of the top of the pole sign shall be 20 feet.
(4)
The minimum height of the bottom edge of the sign shall be eight feet.
(5)
In shopping centers in the C District, the pole sign may contain the name of the shopping center and the names of several individual businesses in the shopping center, provided the total surface area of the pole sign shall not exceed 96 square feet.
(6)
In land developments in the M District, the maximum surface area of the freestanding pole sign shall not exceed 40 square feet if there are fewer than three businesses on the lot and shall not exceed 64 square feet if there are three or more businesses on the lot. Neither dimension of such sign shall be less than five feet.
(7)
No portion of any sign shall project over any public right-of-way nor shall it be located within the clear sight triangle of any street intersection.
(8)
All freestanding pole signs shall be set back at least 10 feet from every property line, except where property abuts on a public right-of-way, the sign shall be set back at least 10 feet from the right-of-way or at least 15 feet from the edge of the cartway if the right-of-way is not contiguous with the front lot line.
v.
Roof signs. Roof signs may be illuminated or nonilluminated. Roof signs shall be permitted only in place of a wall sign in the C District. The surface area of a roof sign shall not exceed one square foot for each two linear feet of width of the front wall of the building or a maximum of 100 square feet, whichever is less. Roof signs shall not project more than six feet above the highest point of the roof on which they are erected.
vi.
Arcade signs. In shopping centers or office complexes which have pedestrian accessways covered by a roof, marquee or exterior arcade, one arcade sign, as defined herein, shall be permitted for each business in the building, provided that the maximum surface area of each sign shall not exceed eight square feet.
vii.
Canopy signs. Canopy signs may be erected at the building entrance. Canopy signs shall not be illuminated. No more than one canopy sign shall be permitted for each building. The maximum height of the letters on a canopy sign shall be six inches.
viii.
Window signs. The total area of all window signs on display at any one time, including temporary window promotional signs, shall not exceed 25% of the total area of the display window in which they are located. A series of windows which are separated by frames less than six inches in width shall be considered as a single window for the purpose of this computation.
ix.
Special requirements for multitenant land uses:
(1)
No sign permit shall be issued for a shopping center or other multitenant land use or for any individual establishment or occupant therein, unless a uniform sign plan has been submitted and approved for the entire development.
(2)
After reviewing the proposed uniform sign plan, the Zoning Officer shall submit the plan to the Planning Commission for a recommendation on the proposed plan and to the Borough Council for final approval.
(3)
The uniform sign plan shall be approved only upon finding that:
(a)
The sizes of signs, location and the materials used in the signs shall be consistent throughout the property, or shall establish a hierarchy of different types of signs, with the size and materials of the signs in each category being consistent for all signs in that category;
(b)
The design of and materials used for the structural elements of the signs shall be consistent with the design of and materials used for the building or buildings which the signs serve;
(c)
The signs shall conform to all other requirements of this article.
x.
Special requirements in the C District. In the C District, all signs shall be either nonilluminated or indirectly illuminated. Internally illuminated and for flashing signs shall not be permitted. Signs facing toward West Railroad Street (Route 50) shall be permitted only if attached to buildings, except that one freestanding sign facing West Railroad Street (Route 50) shall be permitted in a land development, regardless of the number of buildings or businesses on the site.
7.
Billboards. Billboards shall not be permitted in any R-1, R-2, or C Zoning District. Billboards shall be permitted only as conditional uses on property located in the M District following recommendation by the Planning Commission and a public hearing by Borough Council, provided all of the following requirements are met:
a.
Location. Billboards may be authorized as a conditional use only in the M District, provided all of the following requirements are met:
i.
Billboards shall not be erected within 50 feet of the boundary line of any R District or within 100 feet of any public or private school, church or cemetery, said 100 feet being measured along the radius of a circle from the centermost point of the billboard structure extending in all directions.
ii.
Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 250 feet. Required spacing shall be measured along both sides of the same roadway frontage from the centermost point of the billboard structure along a line extending from the centermost point of the billboard which is parallel to the centerline of the roadway to which the billboard is oriented.
iii.
No billboard shall be located closer than 10 feet to any public street right-of-way.
iv.
The minimum side and rear yard requirements applying to a principal structure as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.
v.
No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements.
vi.
No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated, and shall not in any case obstruct or impede traffic safety.
vii.
No sign shall be erected over any sidewalk or public right-of-way.
viii.
Billboards shall not be part of a roof or wall, nor shall they be mounted on the roof, wall or other part of a building or any other structure.
b.
Size and height. A billboard shall have a maximum allowable gross surface area of 250 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:
i.
A billboard shall have no more than two sign faces per billboard structure which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.
ii.
The dimensions of the gross surface area of the billboard's sign face shall not exceed 10 feet in total height or 25 feet in total length, provided the total allowable gross surface area for the sign face is not exceeded.
iii.
A billboard structure shall have a maximum height above the curb of the roadway from which it is located of no more than 40 feet from the ground level to the top of the structure.
c.
Construction methods. Billboards shall be constructed in accordance with applicable provisions of the Borough Building Code, as now or hereafter adopted, and shall meet all of the following additional requirements:
i.
A billboard structure shall have a maximum of one vertical support being a maximum of three feet in diameter or width and without additional bracing or vertical supports.
ii.
A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, noncombustible materials. Structures constructed with galvanized metal shall be painted.
iii.
The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 100-mile-per-hour wind load. Structural design computations shall be made and certified by a registered engineer and shall be submitted to the Borough with the application for conditional use.
iv.
The base shall be installed using a foundation and footings approved by the Borough Engineer for the type of construction proposed.
v.
The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.
vi.
Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.
vii.
No bare cuts shall be permitted on a hillside.
viii.
All cuts or fills shall be permanently seeded or planted.
ix.
A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of 1.0 footcandle upon the adjoining property.
x.
Display lighting shall not operate between 12:00 midnight and 5:00 a.m. prevailing local time.
xi.
No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.
xii.
The use of colored lighting shall not be permitted.
d.
Maintenance.
i.
A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.
ii.
Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania-registered engineer and shall provide to the Borough a certificate from the engineer certifying that the billboard is structurally sound.
iii.
Annual inspections of the billboard shall be conducted by the Borough to determine compliance with this chapter. The owner shall pay an annual inspection fee, as established from time to time by resolution of Borough Council.
iv.
Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Borough.
v.
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.
e.
Liability insurance. The applicant for a sign permit to erect a billboard shall provide a certificate of insurance for public liability and property damage which holds the Borough harmless. The amount of insurance to be maintained shall be determined and adjusted from time to time by resolution of the Borough Council. The insurance certificate shall contain a clause stating that the insurance shall not be canceled or reduced without first giving 10 days' notice to the Borough.
f.
Permits. Prior to submission of an application for a sign permit, the applicant for a billboard shall obtain and submit with the application approvals from the Allegheny County Department of Aviation or the United States Federal Aviation Administration (FAA), when applicable.
i.
Approval of the conditional use shall be valid for six months from the date of action by Borough Council granting the conditional use. If the applicant fails to obtain a sign permit for the approved billboard within the six-month period, approval of the conditional use shall expire automatically, without written notice to the applicant.
ii.
The issuance of a sign permit for a billboard which has been granted approval of a conditional use shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards along state highways. If the applicant fails to submit evidence of the required approval by PennDOT within 30 days of the issuance of the conditional sign permit, the sign permit shall be revoked by the Borough Zoning Officer, who shall provide written notice to the applicant.
iii.
The applicant may reapply for the required sign permit upon submission of evidence of PennDOT approval, without payment of any additional sign permit fee, provided the application is filed within the six-month period during which the conditional use approval is valid.
g.
Application fees. Said application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of Borough Council.
h.
Nonconforming billboards. Any billboard which does not conform to the requirements of this section shall not be enlarged or moved unless the billboard complies with all provisions of this section.
i.
Any billboard which is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of these revised sign regulations and requirements.