Jim Thorpe, PA Zoning Ordinance

§ 500-154 General.

Purpose. The purpose of this article is to establish standards for the regulation of signs to accomplish the goals and objectives of the Middle Carbon County Regional Comprehensive Plan (as may be amended), to safeguard the public interest, and to:

(1)

Preserve the beauty and the unique character of the Borough and thereby enhance tourism and business;

(2)

Establish reasonable time, place, and manner for the exercise of free speech, without regulating content;

(3)

Protect property values and ensure compatibility with the character of neighboring uses;

(4)

Protect the general public from damage and injury which may be caused by the faulty construction or deterioration of signs due to lack of maintenance of signs;

(5)

Protect pedestrians and motorists from damage or injury caused by, or partially attributable to the distractions and obstructions caused by improperly situated signs;

(6)

Promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic;

(7)

Assure that signs are clear and provide the essential identity or direction to facilities in the community; and,

(8)

Enable the fair and consistent enforcement of sign restrictions throughout the Borough.

Applicability and effect. A sign may be erected, placed, established, painted, created, or maintained in the Borough only in conformance with the standards, procedures, exceptions, and other requirements of this article. The effect of this article is more specifically to:

(1)

Establish a permit system to allow a variety of types of signs in the various zones, subject to the standards and the permit procedures of this article;

(2)

Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;

(3)

Provide for temporary signs without commercial messages in limited circumstances in the public right-of-way; and,

(4)

Prohibit all signs not expressly permitted by this article.

Requirement of conformity. No sign, for which a permit is issued after the effective date of this article, may be placed or maintained in the Borough except as provided in this Article XI. All signs not maintained are declared to be nuisances, and as such may be abated as provided by law. See § 500-166 for nonconforming signs.

Severability. This article and the various components, sections, subsections, sentences, and phrases are hereby declared to be severable. If any court of competent jurisdiction declares any part of this article to be unconstitutional or invalid, such ruling shall not affect any other provision of this article not specifically included in said ruling.

Recommended types of signs. It is recommended that signs be:

(1)

Designed as an integral architectural element of the building and component of the site.

(2)

Comprised of restrained colors, materials, and lighting and compatible with the building and site, and rural character of the Borough.

§ 500-155 Definitions and interpretation.

Words and phrases used in this Article XI shall have the meanings set forth in this § 500-155. Words and phrases not defined in this § 500-155 but defined in Article III shall be given the meanings set forth in that article. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article. The diagrams are for illustrative purposes only and shall not be interpreted as having any effect on the meaning of the associated term.

A-FRAME OR SANDWICH BOARD SIGN

A movable sign consisting of two faces, connected, and hinged at the top.

A-Frame/Sandwich Board

ABANDONED SIGN

See § 500-167A.

ADVERTISING SIGN, OFF-PREMISES

A sign which conveys a commercial or noncommercial message unrelated to the activity conducted on the lot where the sign is located or a sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than on the same lot where the sign is located. A structure intended to support or contain such a sign shall also be considered an off-premises advertising sign. "See also "billboard."

ANIMATION

The movement or the optical illusion of movement of any part of the sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a sign; the movement of a sign set in motion by the atmosphere. Time and temperature devices shall be considered animated signs.

APPLICANT

A person or entity who applies for a sign permit in accord with the provisions of this article.

AREA OF SIGN

See § 500-157B(2).

ATTRACTION BOARD

See "changeable panel sign."

AWNING SIGN

Signs which are placed on or integrated into fabric or other material canopies which are mounted on the exterior wall of a building.

Awning Sign

BANNER SIGN

A sign intended to be hung either with or without a frame with characters, letters, illustrations, or ornamentations applied to paper, plastic, fabric, or similar material.

BILLBOARD

A type of large off-premises advertising sign which conveys a commercial or noncommercial message unrelated to the activity conducted on the lot where the sign is located, or a sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than on the same lot where the sign is located. A structure intended to support or contain such a sign shall also be considered a billboard. See § 500-165 for regulations specific to billboards.

CANOPY SIGN

Any sign that is a part of or attached to an awning, canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Canopy Sign on Freestanding Canopy

CHANGEABLE PANEL SIGN

A sign designed to allow its informational content to be changed or altered.

Changeable Panel Sign

COMMERCIAL MESSAGE

Any sign wording, logo, or other representations that, directly or indirectly, names, advertises, or calls attention to a nonresidential establishment, product, service, or other commercial activity.

DIRECTIONAL SIGN

An on-site sign, providing no advertising of any kind except the nonresidential establishment name and logo, which provides direction or instruction to guide persons to facilities intended to serve the public, including, but not specifically limited to, those signs identifying rest rooms, public telephones, public walkways, parking areas, and other similar facilities.

Directional Sign

DIRECTORY SIGN

A sign which provides a listing of the names of nonresidential establishments, activities, addresses, locations, uses or places within a building or complex of buildings for the purposes of giving directions, instruction, or facility information and which may contain the name and logo of an establishment but no advertising copy.

Directory Sign

DOUBLE-FACED SIGN

A sign with two faces, essentially back to back.

EASEL SIGN

A self-supporting, movable sign consisting of one face with supporting legs or a supporting frame, or a sign displayed on an easel.

ELECTRONIC MESSAGE SIGN

Any sign, or portion of a sign, that displays an electronic image or video, which may or may not include text, where the rate of change is electronically programmed and can be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays, and other similar media.

EMERGENCY SIGNS

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

FACADE

Any exterior wall of a building exposed to public view; and any structure or part of a structure attached to, or otherwise mounted parallel to, an exterior wall or other vertical part of the structure.

FLAG

Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity which is mounted on a pole, cable, or rope at one end.

FOOTCANDLE

The amount of illumination the inside surface of a one-foot radius sphere would receive if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot and is measurable with an illuminance meter (light meter).

FREESTANDING SIGN

A sign supported permanently upon the ground by poles or braces and that is not attached to any building.

Common Freestanding Sign Types

GOVERNMENT SIGN

Any temporary or permanent sign erected and maintained by the Borough, county, state, or federal government for traffic direction or for designation of or any school, hospital, historical site, or public service, property, or facility.

GRAND OPENING

The introduction, promotion or announcement of a new nonresidential establishment, store, shopping center or office, or the announcement, introduction or promotion of an established nonresidential establishment changing ownership.

GROUND LEVEL

The finished grade of the adjacent street curb or where there is no street curb, six inches above street grade. Ground level shall be the existing natural grade.

GROUND SIGN

A freestanding sign that is architecturally integrated with the building with individually mounted letters and/or logos only. This sign shall be built with a continuous background surface built from the ground up.

HEIGHT

See § 500-157B(3).

ILLEGAL SIGN

Any sign erected without first obtaining an approved sign permit, other than nonconforming signs, and which does not meet the requirements of this article.

ILLUMINATED SIGN

A sign with an artificial light source incorporated internally or externally for illuminating the sign.

Internal and External Illumination

INCIDENTAL OR INSTRUCTIONAL SIGN

A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives.

Incidental Sign or Instructional Sign

INDIRECT ILLUMINATION

A source of external illumination located away from the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk, or adjacent property.

INDIVIDUAL LETTERS

A cut-out or etched letter or logo which is individually placed on a landscape, screen wall, building wall or ground sign.

INTERNAL ILLUMINATION

A source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but where the source of illumination is not visible.

LED

Light emitting diode.

LOGO

A graphic symbol representing an activity, use or nonresidential establishment. Permitted logos shall be registered trademarks or symbols commonly used by the applicant and may include graphic designs in addition to lettering. The applicant shall provide stationery or other supporting documents illustrating the use of the logo.

LUMINANCE

A measure of the brightness of a surface which is emitting or reflecting light.

MAINTENANCE

The replacing or repairing of a part or portion of a sign necessitated by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of said copy.

MARQUEE

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building generally designed and constructed to provide protection from the weather.

Marquee Sign

MONUMENT SIGN

A free-standing cabinet or panel sign mounted on, or within a base (above grade), which is detached from any building.

MULTIPLE OCCUPANT COMMERCIAL BUILDING

A commercial development in which there exists two or more separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple occupant commercial use of a single structure.

NAMEPLATE

A small sign which identifies a resident's or home's name and address or the name of a farm, ranch or commercial stable. Such signs may be shingle, building wall or archway-mounted signs.

NIT

A unit of measure of luminance. See "luminance."

NONCONFORMING SIGN

Any sign which is not allowed under this article, but which, when first constructed before this article was in effect and for which a sign permit was issued, was legally allowed.

NONRESIDENTIAL USE

For the purposes of this article, nonresidential use shall mean any approved nonresidential use including, but not limited to, commercial, manufacturing, and industrial enterprises; public buildings and uses such as public schools, parks, civic centers, municipal buildings; and semipublic buildings and uses such as churches, fire houses, ambulance buildings, private schools, and libraries.

NONRESIDENTIAL USE NAME

The name by which a nonresidential use is commonly recognized and used by the applicant. Slogans or product information shall not be considered as a nonresidential use name.

PANEL

A two-dimensional visual background behind the sign letters and logos which is visually separated from the mounting upon which the sign letters and logos are placed by the presence of a border, different colors, different materials, or other technique of visual framing around the letters or logos.

PARAPET

That portion of a building exterior wall projecting above the plate line of the building.

PENNANT

Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERMANENT SIGN

Any sign which is intended to be and is constructed as to be in lasting and enduring condition remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building, provided the sign is listed as a permanent sign in this article.

PLATE LINE

The point at which any part of the main roof structure first touches or bears upon an external wall.

POLE SIGN

A sign that is mounted on a freestanding pole, column, or other support.

PORTABLE SIGN

Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the nonresidential establishment.

Portable Sign

PROJECTING SIGN

Any sign affixed to a building wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Projecting Sign

PUBLIC PROPERTY

Unless otherwise expressly provided, public property means any and all real or personal property over which the Borough or other governmental entity has or may exercise control, whether or not the government owns the property in fee, including, sidewalks, rights-of-ways and improved or unimproved land of any kind and all property appurtenant to it.

PYLON SIGN

See "pole sign."

REAL ESTATE SIGN

A temporary sign posted on property which is for rent, lease, or sale.

ROOF LINE

The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.

ROOF SIGN

Any sign mounted on the main roof portion of a building or on the topmost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered roof signs. See the following illustration for example of roof signs, and comparison of differences between roof and fascia signs.

Comparison - Roof and Fascia Signs

SHINGLE SIGN

A sign suspended from a roof overhang of a covered porch, walkway, or horizontal plane surface.

SIGN

Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term shall not include any flag or badge or insignia of the United States, State of Pennsylvania, Carbon County, the Borough, or official historic plaques of any governmental jurisdiction or agency.

Sign Comparison

SNIPE SIGN

A sign, which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences or to other objects, the advertising matter appearing on which is not applicable to the present use of the premises upon which such sign is located.

SPECIAL EVENT

A promotional event such as, but not limited to, grand openings, bazaars, street fairs, shows, exhibitions, sporting events, runs, bicycling events, and block parties. This does not include sidewalk sales occurring on private property where merchandise normally sold indoors is transferred from indoors to outdoors for sale.

TEMPORARY SIGN

Any sign which is not a permanent sign. See definition of "permanent sign."

WALL SIGN

Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

Wall Signs

WINDOW SIGN

Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to or placed behind a windowpane which is intended to be read from the exterior of the building.

§ 500-156 Procedures.

The procedures included in this § 500-156 shall apply to all signs requiring permits.

Requirement of permit. A sign permit (see § 500-156B for application requirements) shall be required before the erection, reerection, construction, alteration, placing, or installation of all signs regulated by this article. However, a permit shall not be required for the following signs and actions, provided however, that such signs shall be subject to all applicable provisions of this article:

(1)

Incidental signs as specified in § 500-158.

(2)

Routine maintenance or changing of the parts or copy of a sign, provided that the maintenance or change of parts or copy does not alter the surface area, height, or otherwise render the sign nonconforming.

Permit application. Applications for sign permits shall be submitted to the Zoning Officer in accord with § 500-170 and shall, at a minimum, contain or have attached thereto the information listed in this section.

(1)

Name, address, and telephone number of the applicant.

(2)

Location of building, structure, or lot to which or upon which the sign is to be attached or erected.

(3)

Name of person, firm, corporation, or association erecting the sign.

(4)

Written consent of the owner or lessee of the building, structure, or land to which or upon which the sign is to be affixed.

(5)

A scale drawing of such sign indicating the dimensions, the materials to be used, the type and intensity of any illumination, the timing of any electronic message, and the method of construction and attachment.

(6)

An elevation of such sign indicating the overall dimensions, the square footage, and height of top and bottom of sign above grade.

(7)

A scale drawing indicating the location and position of such sign in relation to nearby buildings, structures, and lot lines.

(8)

Calculation of the total sign square footage permitted.

(9)

Copies of any other permits required and issued for said sign, including PennDOT and the Uniform Construction Code.

(10)

Additional information as may be required by the Zoning Officer.

Issuance of permits. Upon the filing of an application for a sign permit, the Zoning Officer shall examine the plans, specifications, and other submitted data, and the premises upon which the sign is proposed to be erected or affixed. If the proposed sign complies with all the requirements of this article and other applicable ordinances and if the appropriate permit fee has been paid, the Zoning Officer shall issue a permit for the proposed sign.

Permit fees.

(1)

In accord with the Borough fee schedule, the applicant shall tender a fee at the time of making application for a sign permit. Permit fees are not refundable.

(2)

The owner of a legal nonconforming sign, which has been removed or brought into conformance with the terms of this article shall not be required to pay a fee to obtain a permit for the conforming sign.

§ 500-157 General requirements.

Prohibited signs. All signs not expressly permitted under this article are prohibited. Such prohibited signs include, but are not limited to, the following:

(1)

Large balloons. Balloons of greater than 25 cubic feet that are tethered to the ground or a structure for periods of over a day and that are primarily intended for advertising purposes.

(2)

Animated, moving and flashing signs. Signs which flash, revolve, rotate, swing, undulate, or move by any means, or otherwise attract attention through the movement or flashing of parts or through the impression of movement or flashing. See § 500-164C for permitted electronic signs.

(3)

Mirrors. Signs which use a mirror or similar device to attract attention by reflecting images or otherwise reflecting light.

(4)

Portable and wheeled signs. Portable and wheeled signs (see § 500-164G for permitted A-frame and sandwich board signs).

(5)

Projecting signs. Signs which are attached or otherwise affixed to a building and project more than 18 inches beyond the wall surface of such building to which the sign is attached or otherwise affixed thereto. See § 500-164F for permitted shingle signs.

(6)

Signs on parked vehicles. Signs placed on or affixed to vehicles, trailers and/or containers which are parked on a public right-of-way, public property, or private property, to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business, organization, or activity. See also § 500-158L.

(7)

Signs on utility poles or trees. Signs which are attached or otherwise affixed to utility poles, or trees or other vegetation except for no trespassing signs and other noncommercial signs on the property of the person posting the sign.

(8)

Signs which imitate traffic control devices. Signs which imitate, interfere with, obstruct the view of, or can be confused with any authorized traffic control sign, signal, or other device.

(9)

Emissions. Signs which emit any sound, odor, or visible matter such as smoke.

(10)

Misinformation. Signs which contain information that states that a lot may be used for a purpose not permitted under this chapter.

(11)

Obscene. Signs or displays visible from a lot line that include words or images which are obscene (see definition of obscene in § 500-12 under adult business).

(12)

Snipe signs. Snipe signs (see definition in § 500-155).

(13)

Noise. Signs which emit sound as part of the advertising, or which emit objectionable or excessive noise created by electric current or air movement shall not be permitted.

Construction requirements. All signs permitted by this article shall be constructed in accord with all construction code requirements and the provisions of this § 500-157B.

(1)

Sign faces. All signs may be multifaced.

(2)

Computation of sign area.

(a)

The area of a sign shall include all lettering, wording, and accompanying designs and symbols, together with related background areas on which they are displayed and any surrounding border or frame.

(b)

Supporting members of a sign shall be excluded from the area calculation.

(c)

Where the sign consists of individual letters or symbols attached directly on a building or window the sign area shall be the smallest rectangle that includes all letters and symbols. Any illuminated background shall be considered part of the sign and included in the area calculation.

(d)

The maximum area of a sign shall apply individually to each side of a sign, provided that only one side of a sign is readable from any location.

(3)

Computation of sign height.

(a)

The height of a sign shall be computed as the vertical distance from the closest street grade or the ground elevation where the sign is located, whichever is greater, to the highest point of the sign.

(b)

If the natural grade at the base of the sign is lower than the grade of an adjacent street, the height of the sign shall be measured from the street centerline elevation nearest the sign as shown below.

(c)

If the natural grade at the base of a sign is higher than the grade of the adjacent road, sign height shall be measured from the natural grade at the base of the sign as shown below.

(4)

Uniform Construction Code. All signs and other advertising structures shall comply with the requirements of the Uniform Construction Code.

(5)

Attachment of signs to fire escapes. No signs or any part thereof or sign anchors, braces, or guide rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe and no such sign or any part of any such sign or any anchor, brace, or guide rod shall be erected, put up, or maintained so as to hinder or prevent ingress or egress through such door, doorway, or window or so as to hinder or prevent the raising or placing of ladders against such building by the Fire Department.

(6)

Clear view. No sign shall violate the clear view requirements of § 500-27C or otherwise be erected in such manner as would constitute a public hazard.

(7)

Public right-of-way. No part of any sign may be erected or maintained in the public right-of-way other than official traffic signs except in districts with a zero front setback where wall, shingle, and A-frame/sandwich board signs may be placed in the right-of-way only in accord with the applicable requirements of this Article XI.

(8)

Obstruction to ingress/egress. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window, door opening, or wall opening intended as a means of ingress or egress.

(9)

Obstruction to ventilation. No sign shall be erected, constructed, or maintained so as to interfere with any building opening required for ventilation.

(10)

Clearance from electrical power lines and communication lines. All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communication lines in accordance with the applicable provisions of the National Electrical Code. However, in no instance shall a sign be erected or constructed within eight feet of any electrical power line, conductor, or service drop, or any communication line, conductor, or service drop.

(11)

Clearance from surface and underground facilities. All signs and supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity, or communications equipment or lines. In addition, the placement of all signs and their supporting structures shall not interfere with natural or artificial drainage or surface or undergroundwater.

(12)

Obstruction to warning or instructional sign. No sign shall be erected, constructed, or maintained which interferes with any existing warning or instructional sign.

(13)

Traffic/pedestrian hazards. No sign shall be erected in such a way as to interfere with or to confuse traffic or pedestrians, to present any traffic or pedestrian hazard, or to obstruct the vision of motorists or pedestrians, and all signs shall comply with the clear sight triangle requirements of this chapter.

(14)

Protection of the public. The temporary occupancy of a sidewalk, street, or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted provided the space occupied is roped off, fenced off, or otherwise isolated.

(15)

Clearance. Clearance beneath overhead signs shall be at least nine feet, measured from the ground or pavement to the bottom-most part of the sign.

(16)

Wall signs.

(a)

Wall signs shall be securely attached to the wall; and each sign shall be parallel to and in the same plane as the wall to which the sign is attached and shall not extend more than six inches from the wall, nor above or beyond the top and ends of the wall.

(b)

The face of a wall sign shall not project more than 18 inches from the outside of the building's wall surface.

(c)

No part of a wall sign shall extend above the roof eave unless it is erected on a parapet wall or fascia that extends above the roofline of a flat roof on at least three sides of a building.

Maintenance.

(1)

Maintenance. The owner of any sign and associated landscaping shall keep it in good maintenance and repair which includes restoring, repainting, or replacement of a worn or damaged legally existing sign to its original condition; and shall maintain the premises on which the sign is erected in a clean and sanitary condition, free and clear of all obnoxious substances, rubbish, weeds, and grass.

(2)

Sign owner's responsibility. The sign owner shall be responsible for the maintenance of the sign. If the sign ownership should transfer, the new owner shall be responsible for the maintenance of the sign.

Illumination. All signs permitted by this article may be illuminated in accord with the provisions of § 500-67 and the following:

(1)

Type of illumination. Illumination may be by internal, internal/indirect or by indirect means.

(2)

Flashing. Flashing signs are prohibited in accord with § 500-157A(4) (see § 500-164C for permitted electronic signs).

(3)

Glare. All signs shall be so designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated roadways and surrounding property. No lighting from any sign shall be of such intensity to cause the distraction of drivers, create a nuisance on surrounding properties, or otherwise create a safety hazard.

Signs on roof. No sign attached to a building shall be placed on nor shall extend above any part of the building roof (see the definition of roof sign in § 500-155).

Awning and canopy signs.

(1)

Buildings. Signs affixed to the surface of an awning or canopy on a building are permitted provided that the sign does not extend vertically or horizontally beyond the limits of such awning or canopy. In addition:

(a)

Awning and canopy signs shall only display the nonresidential establishment name, logo, address and name of the proprietor or property owner. Letters or numerals shall not exceed a height of 12 inches and shall be located only on the front and side vertical faces, except as provided for in this section. The minimum clearance above any walkway shall not be less than nine feet.

(b)

Letters and numerals shall be permitted on the sloped surface of an awning, provided that the nonresidential establishment served by the awning sign does not use a wall sign(s) and provided further that the letters and numerals on the sloped surface of an awning shall not exceed a height of 40 inches and shall not exceed more than 25% of the sloped surface.

(c)

No awning or canopy sign shall extend into a required side or rear setback.

(d)

The maximum height of an awning or canopy shall be limited to the height of the rooftop or parapet wall of the building.

(e)

A name sign not exceeding two square feet located immediately in front of the entrance to an establishment may be suspended from an awning or canopy provided that the name sign is at least nine feet above the sidewalk.

(2)

Fuel service canopy signs. Service island canopy signs over fuel service islands indicating the brand, manufacturer and/or logo, shall be subject to the following:

(a)

Service island canopy signs shall be attached to the face of the canopy and shall not extend beyond the edges of the canopy.

(b)

There shall not be more than one service island canopy sign on each face of the canopy.

(c)

The gross surface of a service island canopy sign shall not exceed 50% of the surface area of the canopy face to which it is attached.

Window signs. Window signs for commercial, manufacturing, industrial, public, and semipublic uses, referred to as nonresidential establishment in this section, shall be permitted subject to the following:

(1)

Location. Signs on or inside the windows of a nonresidential establishment are permitted and no permit is required.

(2)

Illumination. Window signs may be internally illuminated but shall not flash or otherwise meet the definition of an electronic sign.

Nonresidential establishment sign message content.

(1)

Unless otherwise permitted by this article for off-premises and directional signs, the nonresidential establishment sign message shall be limited to the identification of the use and a graphic symbol or any combination thereof, and advertising products or services available on the premises.

(2)

Message substitution. A noncommercial message may be substituted for a nonresidential establishment sign message on any sign permitted by this article.

Freestanding sign landscaping/hardscaping. All freestanding nonresidential establishment identification and nonresidential establishment and residential subdivision identification signs shall be placed in a landscaped/hardscaped area of not less than one square foot for one square foot of sign area, but in no case less than 50 square feet. Sign landscaping shall be part of the required project landscaping plan and shall be maintained in accord with § 500-61.

§ 500-158 Incidental signs requiring no permit.

The following signs are considered incidental signs on all properties and do not require a permit.

Directional or instructional signs. On-site signs, not exceeding six feet in aggregate gross surface area, which provide direction or instruction to guide persons to facilities intended to serve the public, providing that such signs contain no advertising of any kind. Such signs include those identifying rest rooms, public telephones, public walkways, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility, but not including those signs incidental to parking areas (see § 500-158I for parking area signs). Advertising material of any kind is strictly prohibited on directional and instructional signs.

Noncommercial signs. Flags, emblems, and insignia of political, religious, educational, or fraternal organizations providing that such flags, emblems, and insignia are displayed for noncommercial purposes.

Governmental signs. Governmental signs for control of traffic, emergency response, and other public or regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger and aids to services or safety which are erected by, or at the order of a public officer or employee in the performance of the officer's or employee's duties. Such signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance.

Holiday decorations. Signs or other materials temporarily displayed on traditionally accepted civic, patriotic, or religious holidays related to observance of the civic, patriotic, or religious holiday.

Interior signs. Signs not affixed to a window and visible from outside and which are fully located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs located within the inner or outer lobby court or entrance of any theater, and which are not displayed to be visible from outside.

Memorial signs. Memorial plaques or tablets, grave markers, statutory, or other remembrances of persons or events which are noncommercial in nature.

Name and address plates. Wall signs, one per street frontage and not exceeding two square feet, indicating the name of the occupant, the address of the premises, and identification of any legal use or operation which may exist at the premises.

No trespassing and other similar signs. No trespassing, no hunting, no fishing, no dumping, no parking, towing, and other similar signs (as set forth in Title 75 of the Pennsylvania Vehicle Code and its regulations and as set forth in Title 18 of the Pennsylvania Crimes Code and its regulations).

Parking lot directional and instructional permanent signs.

(1)

Permanent directional signs. Permanent signs designating parking area entrances and exits limited to one sign for each entrance and/or exit and not exceeding four square feet. Parking lot directional signs shall not project higher than five feet in height, as measured from the established grade of the parking area to which such signs are accessory.

(2)

Permanent instructional signs. Permanent signs designating the conditions of use or identity of parking areas and not exceeding eight square feet nor exceeding an aggregate surface area of 16 square feet. Parking lot instructional signs shall not project higher than 10 feet for wall signs and seven feet for ground signs, as measured from the established grade of the parking area(s) to which such signs are accessory.

Patron advertising signs. Signs erected on the perimeter of an organizational sponsored youth athletic field for the sole purpose of sponsoring or contributing to the organized youth athletic sport. Signs erected for this purpose shall be one-sided with a maximum of 32 square feet of aggregate surface area. Sponsors advertising on score boards may not exceed 25% of the surface area of the score board. The signs shall be erected to be primarily visible from the interior of the athletic field with no intent to advertise to passing traffic.

Public notices. Official notices posted by public officers or employees in the performance of the officer's or employee's duties.

Signs on vehicles. Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer. However, this is not in any way intended to permit signs placed on or affixed to vehicles, trailers and/or containers, which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a use or activity located on the same or other property [see also § 500-157A(6)].

Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies not exceeding four square feet in aggregate area.

Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use, and other similar information as to the use, and other similar information not exceeding an aggregate surface area of eight square feet on each machine.

Warning signs. Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed necessary to warn the public of the existence of danger.

Historic signs. Signs which memorialize an important historic place, event or person and is specifically authorized by the Borough or a county, state, or federal agency.

§ 500-159 Temporary signs.

Temporary signs may be erected and maintained in accord with the provisions of this § 500-159.

Permit not required. A permit shall not be required. Nevertheless, failure to comply with the requirements for temporary signs is a violation of this chapter subject to enforcement action. Anyone proposing to erect a temporary sign should contact the Zoning Officer.

Sign types. Temporary signs shall be limited to nonprojecting wall signs, freestanding signs, banners, or posters associated with:

(1)

An approved use being developed, constructed, repaired, or remodeled.

(2)

An approved use identifying or announcing a campaign or drive, or event, or a special, unique, or limited service, product, or sale.

(3)

The sale, lease, or rent of the premises upon which such sign is located.

Number. There shall not be more than three temporary signs per lot but not more than one temporary sign per contractor or activity.

Maximum area.

(1)

Residential property: 16 square feet each side.

(2)

Nonresidential property: 32 square feet each side.

Location. Temporary signs:

(1)

Shall be located only upon the premises to which the sign message applies.

(2)

May be located in any required setback but shall not extend over any lot line.

(3)

Shall not be located within any public road right-of-way or within 15 feet of any point of vehicular access to a public street.

Height. Temporary signs shall not project higher than 15 feet.

Duration of sign placement. Temporary signs may be erected and maintained for a period not earlier than 30 days prior to the commencement of the temporary activity on the premises and the sign shall be removed immediately upon completion of the activity.

Sign message. The sign message shall relate only to the activity on the subject parcel.

Clear sight; hazards. No sign shall violate the clear sight requirements of § 500-27C or otherwise be erected in such manner as would constitute a public hazard.

§ 500-160 Multifamily building signs.

Name and address signs of buildings containing six or more residential units indicating only the name of the building, the name of the development in which it is located, the management thereof, and/or address of the premises shall be subject to the following:

Type. Building name and address signs may be either wall signs or ground signs.

Number. There shall not be more than one name and address sign for each building except that where a building abuts two or more streets, one additional sign oriented to each abutting street shall be permitted.

Area. Building name and address signs shall not exceed four square feet.

Location. Building name and address signs shall not be located within 15 feet of any point of vehicular access to a public roadway. The location and arrangement of all building name and address signs shall be subject to the review and approval of the Zoning Officer.

Height. Building name and address signs shall not project higher than 15 feet for wall signs and five feet for ground signs.

§ 500-161 Development road entrance signs.

Applicability. Development road entrance signs shall be permitted for:

(1)

Residential developments with two or more buildings with a total of five or more dwelling units indicating only the name of the development, including single-family, two-family, and multifamily developments and mobile home parks, the management or developer thereof, and/or the address or location of the development.

(2)

Nonresidential developments with two or more commercial, manufacturing, industrial, public, or semipublic buildings (referred to as nonresidential use in this section) indicating only the name of the development and occupants.

Type. The development road entrance signs shall be ground signs.

Number. There shall not be more than two development road entrance signs for each point of vehicular access to a development.

Area.

(1)

Residential development road entrance sign area shall not exceed 32 square feet each side.

(2)

Nonresidential use subdivision road entrance signs shall not exceed 64 square feet each side. In addition, a nonresidential development identification sign may include, affixed directly to it, a directory identifying each nonresidential use in the subdivision. The gross surface area of a directory sign shall not exceed 10 square feet for each sign side for each nonresidential use.

Location. Development road entrance signs may be located in any required setback but shall not extend over any lot line or within 15 feet of any point of vehicular access from a public roadway.

Height. Development road entrance signs shall not project higher than 15 feet.

Sign faces. Development road entrance signs may be double-faced only when one such sign is used at a road entrance.

§ 500-162 Home occupations.

See § 500-28C(10).

§ 500-164 Nonresidential uses in all districts.

For all commercial, manufacturing, industrial, public, and semipublic uses (referred to as nonresidential establishment in this section) in all districts the following signs are permitted and then only if accessory to a permitted use, and such signs shall be subject to the requirements of this § 500-164 and any other applicable provisions in this article:

Individual nonresidential use identification signs. The provisions of this § 500-164A shall apply where an individual nonresidential use is located on the lot. The following signs are permitted provided all regulations are met:

(1)

Total square footage permitted. Total aggregate sign area of signs permitted by this § 500-164A shall not exceed one square foot of sign area for each one foot of front width of the building on the lot, but in no case exceeding 75 square feet. For lots with no building, but with an allowed use, the same standard and limitation shall apply, but the square footage limitation shall be based upon the lot frontage. Example: If a building front is 50 feet in width the total size of the freestanding identification sign plus the area of any wall signs cannot exceed 50 square feet. If the freestanding sign is 30 square feet, the combined area of the one or two permitted wall signs cannot exceed 20 square feet.

(2)

Number.

(a)

Freestanding. Only one freestanding sign is permitted per lot, except on corner lots where one may be permitted on each street frontage.

(b)

Wall. Only two wall signs are permitted per lot and may be located on any wall of a principal building.

(c)

Retail fuel signs. Retail fuel sales signs are not counted as part of the total sign square footage limitation but shall comply with § 500-164D.

(3)

Area and height.

(a)

Freestanding signs.

[1]

The maximum area of a freestanding sign shall be 50 square feet.

[2]

The maximum height of a freestanding sign shall be 25 feet and shall be a minimum of nine feet above grade.

(b)

Wall signs. The area of a wall sign shall not exceed 25% of the area of the building face to which it is attached, with a maximum of 50 square feet.

Shopping center, mall and multiple occupant nonresidential establishment identification signs. The following provisions shall apply to developments, whether planned and developed on one lot or multiple lots as a group, in which two or more nonresidential establishments (commercial, manufacturing, industrial, public, or semipublic uses) are housed in one or more principal structures.

(1)

Freestanding signs.

(a)

Number and area. The maximum number and area of freestanding signs shall be one per street frontage of no more than 75 square feet.

(b)

Business identification.

[1]

The freestanding or wall sign identifying the development shall not contain the name of any individual nonresidential establishment occupant of the premises unless such tenant or occupant occupies 30% or more of the total development.

[2]

Each permitted freestanding development identification sign may include, affixed directly to it, one sign indicating only the name of each nonresidential establishment occupant of the development which is not listed on the main sign face. In the case of a wall sign identifying the development, the individual occupant shall be directly below or adjacent to the main sign.

[3]

The gross surface area of each individual occupant identification sign shall not exceed 10 square feet for each exposed face.

(c)

Height. The main identification signs shall not exceed 25 feet in height.

(2)

Individual occupant wall signs. See § 500-164F for shingle signs.

(a)

Number. There shall be not more than one wall sign for each principal nonresidential establishment occupant except that where a principal occupant abuts two or more streets, one additional such sign oriented to each abutting street shall be permitted.

(b)

Area. The surface area of a wall sign shall not exceed 35 square feet.

(c)

Location. A wall sign may be located on the outermost wall of any principal building. The location and arrangement of all wall signs shall be subject to the review and approval of the Zoning Officer.

(d)

Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed.

Electronic message signs. In addition to all other applicable regulations, the following regulations shall apply to all electronic message signs. In the case of conflict, the more restrictive standard shall apply.

(1)

Location, number size and height.

(a)

Location. Electronic message signs shall be located only on parcels with a permitted nonresidential use in C-1 and C-2 Districts and as off-premises advertising signs and billboards otherwise in compliance with § 500-165.

(b)

Number. Each development parcel shall be limited to one electronic message sign which is used in lieu of another permitted sign. In the case of a shopping center, mall or multiple occupant nonresidential establishment comprised of several parcels, one electronic message sign shall be permitted for the entire development.

(c)

Height. The electronic message sign shall not exceed the permitted height of the sign it replaces.

(2)

Nonconforming sign conversion.

(a)

Any nonconforming sign which is converted to an electronic message sign shall be made conforming to the requirements of this article.

(b)

A sign which is nonconforming as to zoning district location shall not be converted to an electronic message sign.

(3)

Message display.

(a)

Hold time. Any portion of the message shall have a minimum duration (hold time) of five seconds and shall be a static display. Messages shall completely change to the next message within one second.

(b)

Hours of display. Electronic message signs may be illuminated 24 hours per day with allowable message changes from 6:00 a.m. until 9:00 p.m., but message changes shall not be permitted between 9:00 p.m. and 6:00 a.m.

(c)

Motion. The images and messages displayed shall be complete in themselves without continuation in content to the next image or message or to any other sign. The image shall be static, with no animation, streaming video, flashing, scrolling, fading, or other illusions of motion.

(d)

Malfunction. All signs shall be equipped with a properly functioning default mechanism that will stop the sign in one position and lock the luminance level to the nighttime setting should a malfunction occur.

(e)

Projection. Images or messages projected onto buildings or other objects shall be prohibited.

(f)

Brightness. See also § 500-67 for lighting and glare.

[1]

No sign may display light of such intensity or brilliance to cause glare, hazard or impair the vision of the motorist, or interfere with the effectiveness of an official traffic sign, device, or signal.

[2]

The maximum brightness level for electronic message signs measured at five feet above grade and 150 feet from the sign face shall not exceed:

[a]

0.3 footcandle above ambient light between sunrise and sunset.

[b]

0.2 footcandle above ambient light between sunset and sunrise.

[3]

All signs shall be equipped with both a dimmer control and a photocell that automatically adjusts the display's brightness according to natural ambient light conditions. The sign shall also be equipped with an automatic malfunction shut off switch.

[4]

Signs shall comply with light trespass regulations set forth in § 500-67.

[5]

Prior to issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the sign is equipped to comply with this § 500-164C.

Retail fuel sales.

(1)

Permitted sign. Retail fuel sales establishments shall, in addition to the other permitted signs, be permitted one sign with up to four fuel prices attached to the nonresidential establishment identification sign. The height of the letters/numerals shall not exceed the following and the sign shall be no larger than necessary to encompass the letters/numerals, but in no case shall exceed the width of the nonresidential establishment sign. The prices shall be stationary but may be electronically controlled in accord with § 500-164C.

# of Products Advertised	1 or 2	3	4
Maximum Letter Height	24 inches	15 inches	12 inches

(2)

Height. The sign shall be installed below the nonresidential establishment identification sign.

Changeable panel signs. One changeable panel sign per lot may be incorporated into a permitted freestanding sign, monument sign or wall sign to identify special, unique, limited activities, services, products, or sale of limited duration occurring on the premises on which the changeable panel sign is located. The changeable panel sign shall be counted in the sign area of the sign in which it is incorporated.

Shingle signs. In addition to the other signs permitted by this chapter each establishment with a separate entrance to the outside shall be permitted one shingle sign in accord with this § 500-164F.

(1)

A shingle sign shall not exceed six square feet and the area of the shingle sign shall count toward the total square footage permitted for individual nonresidential establishment identification signs by § 500-164A(1) and toward the wall sign permitted for individual occupant occupants by § 500-164B(2)(b).

(2)

Shingle signs shall be limited to two sign faces installed perpendicular to the building facade.

(3)

No portion of a shingle sign shall be less than nine feet above any pedestrian walkway or the grade below the sign.

(4)

No portion of a shingle sign shall project above the top of an eave or parapet.

(5)

Shingle signs suspended from the underside of a building overhang shall be centered under the overhang and shall not project beyond the overhang.

(6)

Shingle signs shall be located at the nonresidential establishment entrance.

(7)

Shingle signs shall not be more than six inches thick.

A-frame or sandwich board signs. A-frame or sandwich board signs shall be permitted for retail/service/wholesale commercial establishments subject to the following:

(1)

Each nonresidential establishment shall be limited to two, provided the signs are separated by a minimum of six feet. In addition, no more than an additional five A-frame or sandwich board signs may be placed on the property provided the signs are not less than 20 feet from the edge of the adjoining road surface and 10 feet from adjoining property lines.

(2)

The sign shall be comprised of two boards of durable material with no attachments.

(3)

The sign shall not exceed eight square feet for each exposed face and shall not exceed 30 inches in width or four feet in height.

(4)

The sign shall not be illuminated.

(5)

The sign shall be displayed only during the hours when the establishment is open for nonresidential establishment and shall include advertising pertaining only to the establishment of location.

(6)

Sign placement shall not restrict pedestrian passage to less than four feet nor impede vehicle traffic or the opening of vehicle doors.

(7)

The sign shall be sufficiently secured or weighted to resist overturning.

(8)

The sign shall not be displayed at any time when snow has accumulated on or has not been completely removed from the sidewalk in front of the premises where the sign is permitted.

§ 500-165 Off-premises advertising signs and billboards.

Off-premises advertising signs and billboards (referred to as advertising sign) are permitted only in the R-1 District on lots which front on PA Route 903 subject to the following:

Spacing. The minimum distance required between any advertising signs shall be 300 feet.

Right-of-way. Advertising signs shall not encroach on any road right-of-way and shall not be erected more than 100 feet from the edge of the right-of-way.

Setbacks.

(1)

All advertising signs shall be located a minimum distance of 100 feet from any residential use.

(2)

Advertising signs shall meet the setback requirements for nonresidential uses in the district where proposed.

Size. The surface of any advertising sign shall not exceed 150 square feet in area.

Height. No portion of the advertising sign shall be more than 35 feet from the ground.

Intersection setback. All advertising signs shall be located no closer than one 100 feet from any public road intersection.

Landscaping. Advertising signs shall be exempt from the landscaping requirements of § 500-157I.

Signs on buildings/structures. Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign and the regulations pertaining thereto shall apply.

§ 500-166 Nonconforming signs.

Legal, nonconforming signs. Any sign lawfully existing or under construction on the effective date of this chapter, which does not conform to one or more of the provisions of this chapter, may be continued in operation and maintained as a legal nonconforming use.

Maintenance and repair.

(1)

Area. The total area of any nonconforming sign shall not be increased.

(2)

Removal and reconstruction. The removal and reconstruction of a nonconforming sign shall only be permitted in accord with the requirements of Article IX applicable to other nonconforming structures.

(3)

Damage or destruction. A nonconforming sign which is damaged or destroyed may be rebuilt in a nonconforming fashion only in accord with Article IX applicable to other nonconforming structures.

(4)

Improvements and maintenance. Nonconforming signs may be repainted, repaired, or modernized, provided such improvements do not increase the dimensions, height or position of the existing nonconforming sign or change the sign, message or nonresidential establishment being advertised.

(5)

Conversion to electronic message sign. See § 500-164C(2).

§ 500-167 Removal of certain signs.

Abandoned signs.

(1)

Removal. Any sign, whether existing on or erected after the effective date of this chapter, which advertises a nonresidential establishment no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located, shall be presumed to be abandoned and shall be removed within one year from the cessation of such nonresidential establishment or sale of such product by the owner, agent, or person having the beneficial interest in the building or premises on which such sign is located.

(2)

Enforcement. Enforcement of a violation of § 500-167A shall be in accord with § 500-184.

Nuisance signs.

(1)

Violation. The maintenance of any sign which is unsafe or insecure, or is a public nuisance, shall be considered a violation of this article.

(2)

Enforcement. Enforcement of a violation identified in § 500-167B(1) shall be in accord with § 500-184.

(3)

Immediate peril. Notwithstanding, the foregoing provisions, the Zoning Officer is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner, agent, or person having the beneficial interest in the building or premises on which such sign is located, whenever the Zoning Officer determines that such sign is an immediate peril to persons or property.

(4)

Property owner permission required. No person shall post or locate any informational, personal, temporary, political, special event, or development sign upon public or private property, traffic control device or sign, road sign, street sign, or upon any other existing sign, without the permission of the owner of the same and compliance with other applicable requirements.

(5)

Removal. Any such sign not removed within the time required by this chapter is deemed to be abandoned and may be removed and disposed of by the Borough and the owner of such sign shall be liable for costs incurred by the Borough in taking such remedial action.

Illegal signs. If the Zoning Officer finds that any sign is displayed in violation of this chapter, he/she shall proceed with an enforcement action in accord with § 500-184.

Jim Thorpe City Zoning Code

ARTICLE XI

§ 500-154 General.

§ 500-155 Definitions and interpretation.

§ 500-156 Procedures.

§ 500-157 General requirements.

§ 500-158 Incidental signs requiring no permit.

§ 500-159 Temporary signs.

§ 500-160 Multifamily building signs.

§ 500-161 Development road entrance signs.

§ 500-162 Home occupations.

§ 500-164 Nonresidential uses in all districts.

§ 500-165 Off-premises advertising signs and billboards.

§ 500-166 Nonconforming signs.

§ 500-167 Removal of certain signs.