Lower Burrell City Zoning Code
ARTICLE XIV
Signs
§ 300-102 Compliance and intent.
No sign, billboard or exterior graphic display shall be permitted in any district except as herein provided. No sign other than for permitted uses shall be allowed. Signs and their graphics can effectively express the character of an establishment or a community and for that reason it is the intent of this section to encourage owners and/or tenants to consider all signage as it relates to the overall community image and compatibility with the architecture of the structure and neighboring buildings.
§ 300-103 Sign permit required.
The alteration, erection, replacement or moving of a sign shall require a sign permit. Alteration shall include any change in the type of use advertised by a present owner or in the name of the owner for the now existing use. (See also § 300-111F.)
§ 300-104 Signs not exceeding two square feet. [1]
In any zoning district, a sign attached to the building but not exceeding two square feet in surface size is permitted which announces the name, address or professional activity of the occupant of the premises on which such sign is located. A sign perpendicular to and outside the right-of-way may be two square feet in surface size on each side and not exceed four feet in height.
§ 300-105 Signs not exceeding six square feet.
In any zoning district, a sign not exceeding six square feet in area may be mounted not over four feet high on an ornamental pole in the front yard announcing the name, address and/or professional activity of the occupant of the premises on which such sign is located. A sign perpendicular to and outside right-of-way may be six square feet in surface size on each side. Such sign shall not overhang any sidewalk, but any sign shall be set back at least 10 feet in a C or M District, 30 feet in all other districts, from any right-of-way line or greater as may be necessary in the opinion of the Zoning Officer and Police Department to eliminate any obstruction to traffic visibility. (See §§ 300-111 and 300-113.) Permission for larger signs may be obtained from the Planning Commission or Zoning Hearing Board.
§ 300-106 Signs not exceeding 12 or 24 square feet.
A sign or bulletin board not exceeding 12 square feet in any S, R-1 and R-2 District nor 24 square feet in any other zoning district is permitted mounted up to a maximum of 10 feet high on the same premises in connection with any nonprofit service organization, church, school, college, hospital, institution, park, playground or other similar public or semipublic use located in the City. Such signs or bulletin boards are permitted so long as they relate exclusively to the identity, regular meetings, special events, activities and services of the above uses and provided that no more than one such sign may be installed to face each street upon which the property abuts.
A.
Such signs or bulletin boards may be increased one square foot in size over the first 10 feet the sign is set back from the right-of-way line.
B.
A bulletin board which is at right angle to the street may exceed 12 feet or 24 feet in this section, up to 24 feet or 48 square feet, respectively, for each side in the two zoning groups above depending on location on-site and when approved by the Building Inspector.[1]
C.
The above regulations shall also apply to all signs not located on the premises of the above organizations only which advertise their regular meetings or special events.
§ 300-107 Street right-of-way; intersection unobstructed.
No signs in any zoning district shall be installed or replaced within the established street right-of-way line of any street or highway. When erected on any property at an intersection of streets or highways, signs may be placed in a required front yard, provided no portion of the sign extends over a sidewalk area, but signs shall be set back at least 10 feet in a C or M District, 30 feet in all other districts, from any right-of-way line or such a greater distance as may be necessary in the opinion of the Zoning Officer and Police Department to eliminate any obstruction to traffic visibility. (See §§ 300-111 and 300-113.)
§ 300-108 Interior designers; contractor signs.
Signs advertising the installation of interior furnishings or other equipment upon existing residential premises are permitted, as are temporary signs of carpenters, plumbers, painters, contractors, builders and other artisans or craftsmen, provided that the surface size of any one side does not exceed 12 square feet. Such signs are permitted on the premises where the work is being performed and only during the period in which such work is going on.
§ 300-109 Temporary signs.
A.
In any zoning district temporary nonilluminated signs may be installed and maintained on the premises by the owner, agent or firm interested in the sale, repair or rental of such premises.
B.
During the course of development of a residential subdivision, temporary directional signs may be installed or erected beyond the premises of the subdivision, provided consent is secured from the owner of the property on which the sign is placed; and provided that such signs shall not exceed eight inches in height nor two feet in length and that no more than one such sign for the same development shall be erected on any block of any street and no more than two signs shall be erected on any street or highway. Maximum height above ground level shall be 10 feet and the minimum five feet.[1]
§ 300-110 Signs in C and I Districts.
In C and I Districts, signs shall be permitted in connection with any legal business, service, trade or industry when located on the same premises, and if they meet the following requirements:
§ 300-111 Wall; overhanging; roof; freestanding signs; permits.
A.
Wall signs shall pertain only to the identification of the business and any component directly related to the business. Signs shall not have an aggregate surface area greater than 10% of the surface of the wall on or in front of which the sign is mounted nor extend at any point over one foot from the wall and over two feet above the top of the building. The bottom of any portion of all such signs shall be at least 10 feet above the basic grade. When not projecting more than three inches from a wall of a building, the sign need not conform to the ten-foot minimum height limit.
B.
Overhanging signs shall have the bottom edge attached to a building and shall be at least 10 feet above the basic grade. Such overhanging signs shall not exceed 40 square feet in surface size. Signs with two sides may have the maximum surface size on each side. No such sign (outer edge) shall project more than five feet at any one point from the wall of the building to which attached. No more than one such sign may be used on any building and must be hung at a right angle to the face of the building except where the building is on a corner lot, and it then may be hung on the corner of the building at an angle not to exceed 135° to either face of the building.
C.
The length of any sign shall be contained within the bearing walls of the building or that portion used by the business being advertised, if more than one business is conducted in the building, or 100 square feet, whichever is less. The height of any such sign shall not exceed 12 feet above the top of a roof on which the sign is placed. (See § 300-115.)
D.
Commercial and industrial districts.
(1)
In commercial and industrial districts, one freestanding sign affixed permanently to the ground may be erected no larger than 144 square feet on one side when advertising a unified shopping center, or an industrial building, or a unit group of buildings on one site, or on land adjacent but owned by the management of the shopping center, building or unit group of buildings.
(2)
The bottom of any such sign shall be at least 10 feet but no more than 35 feet above ground level, and any such sign or support or portions thereof shall be set back at least 15 feet above ground level, and any such sign or support or portions thereof shall be set back at least 15 feet from any road right-of-way. Signs placed on any property at an intersection of streets or highways may be placed at least 10 feet back from both right-of-way lines. Placement closer to the street due to obstruction from adjacent buildings may be requested up to five feet from the right-of-way; however, no sign shall be permitted if it is deemed to constitute a traffic hazard by either the Zoning Officer or the Police Department. (See § 300-107.)[1]
(3)
Any request for a hearing to erect a sign at less than the required setback or larger than stated above will be reviewed by the Planning Commission. Permission granted or refused, based on sign size in proportion and comparison to the building(s) size, shall be rendered by the Zoning Hearing Board in the manner set forth in Article XXIII.
(4)
In addition to the one large sign permitted above, each business or service or trade in a unified shopping center or unit group of buildings shall be permitted one additional sign which may be placed on or made part of any building and which advertises only the name and logo of the business, service or trade conducted on premises, provided such signs shall comply with the provisions herein and be confined to that portion of the structure occupied. The bottom of any such sign shall be at least eight feet above ground level as approved by the Zoning Officer and Police Chief, to insure that the location of the sign will not constitute a traffic hazard.
[Amended 8-11-2003 by Ord. No. 4-2003]
(5)
In addition, one directory sign may be permitted either on the building or freestanding listing the businesses, services or trades, and shall not exceed 20 square feet in total area.
E.
Signs in commercial and industrial areas and joint institutional or directional signs may be illuminated.
F.
A permit for the moving, erection, installation or construction of any sign shall be required and shall be issued by the Zoning Officer for a minimum fee as established from time to time by resolution of City Council per sign. Temporary signs for commercial establishments shall be included.[2]
G.
Freestanding and/or movable (ground level) signs, two feet by four feet square and no greater than four feet high, not permanently affixed to the ground, advertising prices or some special sales event may be permitted; provided, they are in accordance with the Zoning Officer's specifications. There may be only one such sign used for each business, service or trade. Such signs shall be placed at least 10 feet back from the established street right-of-way and when placed on any property at an intersection of streets or highways, such signs shall be placed at least 15 feet back from any right-of-way line. Such signs may be displayed only when the particular business is open. No such sign shall be permitted if it is deemed to constitute a traffic hazard by both the Zoning Officer and the Chief of the Police Department and shall be removed immediately or penalties prescribed in § 300-171 shall be applied.
H.
Where two or more businesses operate on a single tract or lot, there shall be only one pole sign or marquee for all such businesses permitted.
§ 300-112 Illumination.
A.
All electrical wiring and control devices shall be enclosed within the sign. All electrical wiring for illuminated signs shall comply with the standards of the National Electrical Code, as required by the City Building Code.[1] No rotating, flashing, flickering, glaring or running signs causing the illusion of movement by reason of the lighting arrangement shall be permitted.
B.
Lights of illuminated signs shall be shielded to prevent the lights from causing undue distraction, confusion or hazard to vehicular traffic or from shining directly into nearby dwellings. No flashing lights similar to traffic control or warning lights or rotating, beacon-style lights shall be permitted. The body of all illuminated signs shall be constructed entirely on noncombustible materials, and the source of illumination shall be either internal or by reflected light, provided the source of the reflected light is not directly visible or glaring.
§ 300-113 Construction.
All signs shall be made, maintained and erected in a neat, safe and workmanlike manner.
§ 300-114 Height of signs.
The height of signs is governed by the specific provisions throughout this article.
§ 300-115 Advertising space limit.
No single advertiser, excepting a regional shopping center (see § 300-111D), shall have more than 100 square feet total advertising space on overhanging, freestanding or ground-level signs. Where building volume may warrant, the Board may grant requests for a larger amount of advertising space for a particular business when recommended by the Planning Commission within the City.
§ 300-116 Streamers, banners, pennants.
No streamers, banners, pennants, holiday decorations or material of a similar nature specific to private businesses shall be permitted. Special civic events or holidays shall be permitted with explicit permission obtained from the Zoning Officer. All such streamers, banners or pennants shall be installed and removed by the applicant. The applicant shall provide a letter with written permission from the Highway Department or utility company to use their property, poles, etc., for display purposes.
§ 300-117 Directional signs.
Signs indicating various areas of the City and directions to same areas or the City itself shall be permitted in locations so designated by Council. Individual use directional signs may be installed beyond the premises by the property owner as a special exception, provided:
A.
Written consent is obtained from the property owner on which the sign is placed and must agree to remove the sign if the Zoning Hearing Board requests it.
B.
Such sign requests do not exceed eight inches in height and two feet in length. Requests up to eight square feet in area may be considered by the Board.
C.
Only one such sign request and location shall be considered to serve both directions of traffic.
D.
Placement is between seven feet and 10 feet from the ground.
E.
No City street sign or utility pole shall be used for installation of directional or area signs.
F.
Such signs shall be for City located uses only.
§ 300-118 Development entrance signs.
Development entrance signs may be erected by developers or property owners on collector and regional streets to cover areas generally known by a designated name and as per the following procedure:
A.
The Planning Commission shall review proposed sign, discuss and adjust such sign with applicants should it deem the same necessary prior to any such sign being erected.
B.
The standards for any such development entrance sign shall be as follows:
(1)
All such signs shall be substantial structures, solid enough in construction to not require undue maintenance and to endure weather and customary wear and tear for such structures; and all wood portions shall be chemically treated so as to resist rot.
(2)
No flashing or animated signs shall be permitted. No signs shall be permitted that will cause glare or annoyance to any other area. No sign shall obstruct ingress or egress to premises or vision at intersections or curves. Such signs shall be screened from adjacent property owners by land forms and/or shrubbery.
(3)
Such signs shall bear only the name of the subdivision. The height of the letters shall be no more than six inches. The overall height of the sign shall not be in excess of four feet above the lowest point of the adjacent road.
§ 300-119 Nonconforming signs. [1]
A nonconforming sign may not be enlarged, but may be continued until removed or made to conform. Such removal or conformity shall occur within five years of the effective date of this section if such sign is initially nonconforming, or within such time from the date any such sign later becomes nonconforming.
§ 300-120 Liability or loss.
The owner shall indemnify the City against any liability or loss resulting from any accident because of installation and maintenance of signs or canopies.
§ 300-121 Political signs.
No political signs shall be permitted on any utility poles or trees in the City, or on any property unless approved by the owner. The property owner is required to remove all political signs the day following election day. Maximum size of sign shall not exceed four feet by four feet and the sign shall not restrict traffic vision. Not meeting these requirements shall require removal of the sign by the owner within 24 hours after notification by the City. Otherwise, the sign will be removed by the City at a cost to the applicant.
§ 300-122 Temporary or semipermanent advertising banners. [1]
All temporary or semipermanent banners of plastic, cloth, treated paper or like materials used for advertising special services, products, food, etc., shall require permission from the Building Inspector as to size and location. The purpose is to avoid placement that may cause visual barriers for moving or stopped vehicles. All such streamers, banners or pennants shall be installed and removed by the applicant. The applicant shall provide a letter with written permission from the Highway Department or utility company to use their property, poles, etc., for display purposes.
§ 300-123 Billboards.
[Added 3-9-2009 by Ord. No. 1-2009; amended 2-9-2015 by Ord. No. 1-2015]
A.
Billboards may be placed only along Route 56 and Route 366.
B. BILLBOARD
Definition. As used in this chapter, the following terms shall have the meanings indicated:
An off-premises sign that advertises an establishment, activity, person, product or service that is unrelated to or unavailable on the premises where the sign is located.
C.
Location.
(1)
Billboards shall not be erected within 300 feet of the boundary line of any R District or within 300 feet of any public or private school, church or cemetery, said 300 feet being measured along the radius of a circle from the centermost point of the billboard structure extending in all directions.
(2)
Billboards shall not be erected within 300 feet of an interchange or safety rest area measured along the interstate or limited access highway from the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way.
(3)
Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 1,000 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 that is parallel to the center line of the roadway to which the billboard is oriented.
(4)
No part of the billboard shall be located closer than 15 feet to the limited access federal highway right-of-way.
(5)
For all other billboards not located along a limited access federal highway right-of-way, the minimum front, 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 all parts of each billboard structure.
(6)
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.
(7)
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.
(8)
No billboard shall be erected over any sidewalk or public right-of-way.
(9)
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.
D.
Size and height. A billboard shall have a maximum allowable gross surface area of 300 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:
(1)
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.
(2)
Neither dimension of the billboard's sign face shall exceed 20 feet in total height or 20 feet in total length, provided the total allowable gross surface area for the sign face is not exceeded.
(3)
A billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of 40 feet.
E.
Construction methods. Billboards shall be constructed in accordance with applicable provisions of the Uniform Construction Code, as now or hereafter amended.[1] Billboards shall meet all of the following additional requirements:
(1)
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.
(2)
A billboard sign face shall be independently supported and have vertical supports of metal that are galvanized or constructed of approved corrosive-resistant, noncombustible materials. Structures constructed with galvanized metal shall be painted.
(3)
The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum one-hundred-mile-per-hour wind load. Structural design computations shall be made and certified by a registered engineer and shall be submitted to the City with the application for special exception.
(4)
The base shall be installed using a foundation and footings approved by the City Engineer for the type of construction proposed.
(5)
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.
(6)
Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.
(7)
No bare cuts shall be permitted on a hillside.
(8)
All cuts or fills shall be permanently seeded or planted.
(9)
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.
(10)
Display lighting shall not operate between 12:00 midnight and 5:00 a.m. prevailing local time.
(11)
No billboard structure, sign face or display lighting shall flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.
F.
Maintenance.
(1)
A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.
(2)
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 City, a written report and certification from that engineer certifying the billboard is structurally sound.
(3)
Annual visual inspections of the billboard may be conducted by the City to determine continuing compliance with this article. Upon such inspection, the owner shall pay an annual inspection fee, as established from time to time, by resolution of the City Council.
(4)
Billboards found to be in violation of this article shall be brought into compliance or removed within 30 days upon proper notification by the City.
(5)
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or handing 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.
G.
Liability insurance. The applicant for a sign permit to erect a billboard shall provide a certificate of insurance for public liability and property damage that holds the City harmless in an amount no less than $500,000 or as may be adjusted, from time to time, by resolution of the City 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 City.
H.
Permits.
(1)
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 United States Federal Aviation Administration (FAA), when applicable.
(2)
Approval of the special exception shall be valid for six months from the date of action by the Zoning Hearing Board granting the special exception. If the applicant fails to obtain a sign permit for the approved billboard within the six-month period, approval of the special exception shall expire automatically, without written notice to the applicant.
(3)
The issuance of a sign permit for a billboard that has been granted approval of a special exception shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards proposed to be located 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 Zoning Officer who shall provide written notice to the applicant.
(4)
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 special exception approval is valid.
I.
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 the City Council.
J.
Nonconforming billboards.
(1)
Any billboard that 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.
(2)
Any billboard that 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 this section.
K.
The Zoning Hearing Board may attach conditions in the granting of a special exception.