Malvern City Zoning Code
ARTICLE XXVI
Signs
§ 220-2600 Purpose.
A.
To provide general standards for all signs within the Borough and specific standards for signs in various zoning districts;
B.
To establish procedures for the review and approval of sign permit applications;
C.
To regulate the location, size, construction, erection, alteration, use and maintenance of signs;
D.
To protect the safety and general welfare of the community through the proper use and design of structures for outdoor advertising and graphic communication purposes;
E.
To promote the use of well crafted signs in harmony with the scale and character of the Borough.
§ 220-2601 Scope and applicability.
In all zoning districts, signs may be erected, altered, maintained, used, or removed only when in compliance with the provisions of this chapter and any other applicable ordinances and regulations.
§ 220-2602 Sign permits and inspection.
A.
Except for signs included under § 220-2602B and C, all signs shall require a permit.
(1)
Sign permit applications may be obtained from and shall be filed with the Borough Zoning Officer.
(2)
All such applications shall include a scaled drawing of the sign and shall identify the materials and colors to be used, where and how the sign shall be supported and/or mounted and the materials to be used in any support structure, and the exact location of the sign on the building or ground. The applicant must establish compliance with all applicable regulations.
(3)
Applications for commercial and industrial signs. Applications for commercial and industrial signs reviewed by the Zoning Officer shall conform to the following provisions:
(a)
For signs which are not freestanding and are to be mounted on a building or structure, the application must include a scaled drawing of the building facade identifying the location of the sign on the building and the sign support structure. Such application shall include the identification of the colors and materials of the building.
(b)
For freestanding signs, a scaled plot plan of the property shall be provided, which shall identify the location of the sign on the property and improvements on the site, as well as a drawing of the sign support structure and any landscaping.
(c)
All applications for signs with an area of 20 square feet or more on any side, shall have a landscaped area around the base of the support structure. The landscaped area shall be a minimum of three times the area of the largest side of the sign and shall be permanently maintained in good condition. All landscaping materials which die or become deceased shall be replaced promptly.
(4)
Any required fee must accompany the application.
(5)
Sign permits shall be expressly issued for either permanent or temporary signs.
(6)
No sign shall be changed in any way from that shown on the approved application, unless and until a new permit authorizing the change is issued.
B.
Changes to signs. The following changes to a sign shall not require a permit:
(1)
Regular maintenance of the sign, including electrical, repainting, or cleaning of a sign.
(2)
The repair of the sign, that in no way changes the sign from the original approved application.
(3)
Minor changes to a sign, such as phone number or contact information changes, deemed by the Borough Zoning Officer to be insignificant to the sign.
C.
Signs not requiring a permit.
(1)
Governmental and official signs.
(2)
Informational signs. Informational signs, such as "entrance," "exit," "no parking," and the like, provided:
(4)
No trespassing, private ownership signs. No trespassing signs and signs indicating private ownership of driveways or other property, on the same premises therewith, provided:
(5)
Temporary yard signs. Temporary yard signs for events such as yard or garage sales, provided:
(a)
Such sign is not greater than two square feet in area.
(b)
No more than one on-site sign is erected for each use.
(c)
Shall be removed within 24 hours after said event.
(d)
Not more than four off-premises signs shall be placed and shall be approved by the property owner on which the signs are placed.
(6)
Temporary window signs. Temporary window signs, made of paper or other temporary material, to be used as an accessory sign to the sign associated with a principal commercial or retail use, shall not be counted toward the maximum sign area for the premises, provided:
(a)
Temporary window signs shall only be allowed in commercial and limited industrial districts.
(b)
Temporary or permanent window signs shall not exceed 1/3 of the total glass area of the window in which they are placed and shall not cause the total amount of window area for either permanent or temporary window signs to exceed 50% of the total window area for the premises required under § 220-2604B(6).
(c)
Temporary window signs shall not be displayed for more than 30 days in any six-month period.
D.
The Borough Zoning Officer shall approve or deny applications for sign approval permits within 15 working days from the date of the filing of the complete application with the required fee.
E.
All signs shall be subject to inspection by the Zoning Officer during construction. No work shall be done other than as specifically shown on the application and approved by the permit.
§ 220-2603 General sign regulations for all districts.
A.
In all districts, the following regulations shall apply to all signs:
(1)
No sign shall be altered, rebuilt, enlarged, expanded or relocated, except in conformance with this article.
(2)
All signs must be maintained in good condition and repair at all times. If the information on a sign is not legible, the sign shall be restored or removed.
(3)
No nonconforming sign may be expanded, rebuilt, replaced or changed, except to make it a conforming sign.
(4)
Prohibited signs.
(a)
No spinning, animated, twirling or moving signs.
(b)
No sign on a mobile stand.
(c)
No floating blimp, other hot-inflated signs, or cold-inflated signs.
(d)
No blinking, flashing signs, or klieg-type lights are permitted.
(e)
Billboards or other such outdoor advertising signs not located on the same lot as the primary associated use, except as may be allowed under § 220-2604C by special exception.
[Amended 2-7-2012 by Ord. No. 2012-1]
(5)
Prohibited location of signs.
(a)
No sign may be attached to a utility pole, tree, or other plant.
(b)
No sign or sign structure shall project above the building height restriction in the district or above the height of a building to which it is affixed.
(c)
No sign shall be placed or painted on any roof of any building or any structure or architectural detail designed to look like a roof.
(d)
No sign may be placed or painted on a public bench.
(e)
A truck, van, or trailer with a sign on it must be parked so as to minimize its use as an advertisement for a use, service or commodity, on the premises, to persons in vehicles on a public street. No such vehicle or trailer shall be parked in an area which is not a paved parking space. This provision does not prohibit the on-premises parking of such a vehicle or trailer, in any safe way, on a paved space when there are no reasonable alternative parking locations on the premises and such parking otherwise complies with all applicable regulations. No unlicensed, uninspected or unregistered vehicle or trailer may be used as a sign visible from a public street.
(f)
No signs shall be placed or maintained in a position that interferes with traffic or pedestrian safety. The sign shall not obstruct or interfere with the view of any official street sign or signal, the street and/or driveways entering any street or pedestrian ways. No sign shall in any way interfere with the minimum sight distances which would be required for any street or driveway if the street was a state road of the same type, or if the street entered by a driveway was a state road of the same type.
(g)
No sign, other than official street signs, shall be erected or maintained within the street right-of-way, unless a building is located closer and the sign is mounted flush with the building.
(h)
No sign or sign structure shall project more than 4.5 feet over a public walkway and the lower edge of such projecting sign and/or sign structure shall not be less than eight feet above the level of such walkway.
(6)
Lighting of signs.
(a)
The source of lighting for an illuminated sign shall not be directly visible from any street, alley or walkway, nor from any window of a residential building.
(b)
No internally illuminated signs are permitted, except for:
[Amended 2-7-2012 by Ord. No. 2012-1]
(c)
No direct rays from lights intended to externally illuminate illuminated signs shall be projected to areas other than the sign.
(d)
No sign shall be illuminated, except between dusk and the time when the business or activity closes, or 11:00 p.m. prevailing time, whichever is later.
(7)
Banners. Banners, as defined in Article II, across streets, alleys, and other public rights-of-way shall be permitted to promote community events or charitable, educational, fraternal, civic or service organizations. Banners to promote business or other commercial enterprises are prohibited. Banners are subject to the following provisions:
(a)
A minimum of 15 working days before the desired date of hanging a banner, an applicant must complete and submit a banner permit application to the Zoning Officer.
(b)
The hanging of banners is the sole responsibility of the applicant.
(c)
Banners must be no lower than 15 feet over a public right-of-way.
(d)
Banners may not be hung more than 14 days prior to the date of said event and shall be removed no later than seven days after said event has concluded.
(e)
Banners not removed within seven days after said event has concluded shall be removed by the Borough, with the applicant being liable for the actual cost of the removal.
(f)
Banners hung without proper approval will be removed within two working days after the proper person or organization has been notified by any means of communication. Failure to remove a banner after notification shall result in removal by the Borough, with the applicant being liable for the actual cost of the removal and fines as related to zoning violations.
(8)
A freestanding or projecting sign may be double-faced, provided that the two faces are two parallel surfaces that are opposite and matching in size and shape and are not over 12 inches apart.
(9)
No freestanding sign shall be higher than 20 feet above average ground level, except that the top of any masonry freestanding sign shall not exceed six feet above average grade level.
(10)
All projecting signs shall be rigidly attached to the building and to all supporting and framing structures, attachments and hardware.
(11)
Signs on awnings and/or canopies shall be counted toward the maximum sign area permitted for a premises. No portion of any such canopy or awning shall be lower than eight feet above the level of any sidewalk.
(12)
Soda and/or candy machines, or any similar type of dispensing machines with advertising on their sides, are signs when they are placed outside of a building and their area shall be counted toward the maximum sign area allowed per principal use for the building and/or premises. No soda machine or candy machine or similar dispensing machine located outside of a building shall be internally lighted.
B.
Digital standard for signs.
[Added 2-7-2012 by Ord. No. 2012-1]
(1)
Purpose and intent. More businesses desire to utilize advancements in technology which permit signs to change copy electronically (for example, utilizing pixel imagery), including but not limited to LED, electronics, digital, video or like image technology signs. These newer technologies pose additional risks of impacting adjacent areas and adversely dominating the environment in which they operate unless regulated in a reasonable fashion. The intent of this section is to establish operating standards and regulations for signs which utilize these newer technologies (other than billboards which are regulated separately under § 220-2604.1 below) in order to minimize the secondary effects that often accompany the unregulated display of digital signs, preserve the character and repose of adjacent areas (with a principal focus on residential neighborhoods), protect property values, and reduce traffic hazards caused by undue distractions.
(2)
Definition. For purpose of this chapter, the word "digital" shall mean and include any pixel-based or like technology used to display and/or change the image and/or copy on a sign by electronic, digital, LED, video or similar technological means.
(3)
Location. Digital signs (other than billboards governed by § 220-2604.1, below) shall be allowed only in the Commercial Zoning District.
(4)
Display.
(a)
A digital sign may not allow the display or message to change more frequently than once every eight seconds, with a transition period of one second or less.
(b)
There shall be no effect of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images. Video display shall show only one single stated image per display interval. Any electronic, digital, or video display unit sign that malfunctions, fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or any similar effects, shall be restored to its normal operation conforming to the requirements of this chapter within 24 hours.
(c)
A digital sign must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this section.
(d)
The maximum brightness levels for digital signs shall not exceed 0.2 footcandles over ambient light levels measured within 150 feet of the source, consistent with the terms of this section. Certification must be provided to the Borough demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration may be periodically required by the Borough in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.
(5)
Brightness of digital signs shall be measured as follows:
(a)
At least 30 minutes following sunset, a footcandle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the preset location.
(b)
The sign shall then be turned on to full white copy to take another reading with the meter at the same location.
(c)
If the difference between the readings is 0.2 footcandles or less, the brightness is properly adjusted.
(6)
Size and other requirements. The use, size and location of digital signs, other than digital billboards, must comply with all other relevant regulations and ordinances of the Borough. However, in no event may a digital sign or the digital display area of any other permitted sign (other than billboards governed by § 220-2604.1 below) be permitted to exceed eight square feet in size.
§ 220-2604 Signs requiring permits.
A.
Signs in residential districts. In all residential districts, only the following types of signs shall be permitted:
(2)
Governmental signs. Governmental signs, provided that signs which are not street and traffic signs shall not exceed eight square feet on any side, that there shall be only one such sign for each street frontage of the property and that additional and/or larger signs may be authorized as a conditional use, provided that the applicant establishes that such additional or larger size sign is the minimum variance from this requirement that will provide the necessary informational function for the use.
(3)
Institutional signs. Institutional signs for a private school, church, hospital, sanitarium or other institution of a similar nature, on the same lot therewith, only for the purpose of displaying the name of the institution and its activities or services, provided that the area on one side of such sign not exceed six square feet per 100 feet of street frontage of the premises on the street where this sign is located, or 18 square feet, whichever is larger, and provided that not more than one such sign shall be erected on any one street frontage of any such use.
(4)
Temporary signs.
(a)
Temporary sign for advertising the sale or rental of the premises upon which the sign is erected, provided that the total area of any one side of such sign shall not exceed six square feet on lots of two acres or less, and shall not exceed eight square feet on lots larger than two acres. Not more than one such sign shall be permitted for each street frontage on which the premises located, provided that only one sign not exceeding five square feet shall be permitted on a street where the premises has less than 100 feet of frontage. Such a sign must be removed within 15 working days after the premises is no longer for sale or rent.
(b)
Temporary sign advertising the sale or development of homes in a subdivision, the recorded plan for which shows five to 10 lots, provided that the area of any one side of such sign shall not exceed 16 square feet and that not more than one such sign shall be erected within any such subdivision. Such a sign must be removed within 30 days after the last house to be built in the subdivision is sold.
(c)
Temporary sign advertising the sale or development of homes within a subdivision, the recorded plan for which contains 11 or more lots, provided that the area for any one side of any such sign shall not exceed 24 square feet and that not more than one such sign shall be erected on each existing road frontage of at least 200 feet, for the subdivision as a whole.
(d)
Temporary auction sale sign, not exceeding eight square feet on any side, which shall not be maintained for longer than 90 days from the date the sign permit for the sign is issued.
(e)
Temporary (seasonal) sign advertising agricultural products, which sign shall not exceed a total area of eight square feet per side, and there shall be no more than two such signs located on the property where the products are produced and sold. Such a sign must be removed when the sale of such products is discontinued for the season.
(f)
Temporary exterior signs advertising elections, fairs, social events and the like; permits for such a sign shall not authorize the sign to be displayed for more than 50 days. The applicant (for such a sign permit) shall comply with the following:
[1]
The permit application must specify sign locations and the number and size of signs.
[2]
The permit application must establish that the applicant has specific written permission from all affected property owners to erect the proposed signs or that the signs will be placed in public areas approved for such use by the Borough.
(g)
Temporary signs of contractors, mechanics, painters, artisans and lending institutions, erected and maintained on the premises where the work is being performed, provided that the area of any such sign shall not exceed eight square feet and that no more than one such sign shall be erected at any one time on any property, and that such signs shall be removed within two weeks after the work is complete.
(5)
A permanent sign identifying a subdivision of 10 or more dwelling units, which sign shall not exceed 18 square feet. The sign must be designed to be an integrated part of the landscaping and architectural styles and materials of the subdivision.
(6)
Name signs on the same lot with the dwelling and indicating the name of the occupant of the dwelling, provided that the area of any one side of any such sign shall not exceed 100 square inches, and provided that not more than one such sign shall be erected for each dwelling.
B.
Signs in commercial and industrial districts. In all commercial and industrial districts, only the following signs shall be permitted:
(1)
Any sign permitted in any residential district, provided that the sign is not an off-premises sign and that it complies with all of the regulations which would apply if the sign was in a residential district.
(2)
Signs identifying bed-and-breakfast uses, tourist homes, or rooming houses, located on the same premises with such use, provided that the area of any one side of such sign shall not exceed six square feet and that not more than one such sign shall be erected on any one street frontage of the property (parcel or parcels) where the use is located.
(3)
Business or commercial signs. Business, or commercial signs on the same property (parcel or parcels) as the use to which it relates.
(a)
The total area of all signs (except certain accessory and temporary signs expressly authorized in this article to exceed this limit) on any one street frontage, for any principal use, shall not exceed the smaller of 36 square feet, or 10% of the wall surface area of the wall (or walls) of the premises occupied exclusively by such use and facing such frontage. When there is more than one principal use of a property, the total sign area on any street frontage for all such uses fronting on the street shall not exceed 40 square feet, or 10% of all the wall surface area fronting on such street, whichever is smaller. (This provision does not allow the individual use limits to be exceeded.)
(b)
Single-sided sign: The total area of any single-sided sign shall not exceed the smaller of 25 square feet, or 10% of the wall surface area of the wall (or walls) fronting on the street.
(c)
Double-sided sign: In the case of a double-sided sign, both sides shall be used in calculating the total sign area.
(4)
Industrial signs. Industrial sign on the same property (parcel or parcels) as the use to which it relates.
(a)
The total area of all such signs (except certain accessory and temporary signs expressly authorized in this article to exceed this limit), on any one street frontage, for any principal use, shall not exceed the smaller of 36 square feet, or 10% of the wall surface area of the wall (or walls) of the premises occupied exclusively by such use and facing such frontage.
(b)
When there is more than one principal use on a property, the total sign area on any street frontage for all such uses fronting on the street shall not exceed 40 square feet per principal use, or 10% of all the wall surface area fronting on such street, whichever is smaller. (This provision does not allow the individual use limits to be exceeded.) In computing wall area, doors and windows shall be included, but not roofs, pent roofs or architectural details intended to look like roofs. When the ten-percent wall area restriction would allow a sign area of less than 10 square feet per side (of the sign) for any principal use, a sign may, nevertheless, be constructed for the use with up to eight square feet of surface area per side for each 50 feet of road frontage that a premises exclusively occupied by such use has, provided that the sign is displayed for view from such frontage and that no more than 40 square feet of sign area shall be permitted, for any such use, on any street frontage.
(5)
Multishop retail signs. Retail uses with three or more commercial uses on a single lot having frontage along a single street of at least 200 feet, sharing parking facilities and designed as a unified development may, in addition to the signs permitted for individual establishments, have one freestanding sign for the center, along each road frontage of at least 200 feet. A sign permit application for all signs, both for the individual establishments and the freestanding sign, shall accompany the subdivision and land development plan, or in the case of existing multishop retail uses, shall be submitted to the Borough Zoning Officer as a new submission for a sign permit. Either submission for a sign permit for multishop retail uses shall be as follows:
(a)
The location, orientation and a scaled drawing (indicating colors and materials) of all signs shall be shown on a plan submitted as part of the subdivision and land development plan review process, or, with respect to existing multishop retail uses, submitted to the Zoning Officer for approval. The applicant must establish that the signs are designed to be compatible with the overall design, color, style and materials of the center.
(b)
Signs for individual establishments shall be in conformance with § 220-2604B(3), above.
(c)
The area of any one side of the free standing sign shall not exceed 32 square feet.
(d)
The freestanding sign may be used only to communicate the name of the center and stores located in it and the address.
(e)
The application for the sign permit shall be signed by the primary owner or officer of each of the businesses within the multishop retail development, indicating their approval of the submitted plan.
(f)
The application for the sign permit shall be accompanied by the written consent of the property owner(s) or lesses(s) of the premises upon which the sign is to be erected for Borough officials to enter said premises to inspect such signs.
(g)
A plan for the maintenance of the freestanding sign shall accompany the application, describing the responsibility of the business owner(s) and/or property owner(s) for the maintenance of said sign.
(6)
Permanent window signs. Permanent window signs, when affixed to or hung in a window or painted onto the window surface, that relate specific information about the use, including but not limited to the name or products sold, shall be counted as part of the maximum sign area allowed for the principal use. Permanent and temporary window signs, permitted under § 220-2602C(6), shall not exceed more than 50% of any singular window and may not total more than 50% of the total window area of the premises.
(7)
In addition to the signs otherwise permitted by this section, automobile gas stations may have up to 30 square feet of additional accessory signs, but no more than five additional accessory signs in number.
(8)
Community-based outdoor murals. With the approval of Borough Council, community-based outdoor murals painted on building surfaces, provided that they do not relate specific information about the use of the building or the products sold and that do not promote or benefit any specific business, but are for the benefit of the community as a whole, such as murals depicting the history of the community, notable people or events, or to promote the community.
[Added 4-16-2013 by Ord. No. 2013-1]
§ 220-2604.1 Billboards.
[Added 2-7-2012 by Ord. No. 2012-1]
A.
Purpose and intent. The Borough recognizes that billboards are, by their nature, different in scope and purpose from other types of signage in the Borough. Among other matters, billboards advertise or communicate goods, services or messages not conducted, sold, or generated on the lot where the billboard is located. Billboards are significantly larger in size than other types of signage allowed in the Borough and their principal purpose is to dramatically attract the attention of the traveling public. The potential impact of a billboard on adjacent areas is significantly greater than other types of signage. Recently, more businesses desire to utilize advancements in technology which permit signs to change copy electronically (for example, utilizing pixel imagery), including but not limited to LED, electronics, digital, video or like image technology signs. These newer technologies exacerbate the potential impact of a billboard in terms of adversely dominating the environment in which they operate due to light spillover and light pollution, unless regulated in a reasonable fashion. The intent of this section is to establish size, location and operating standards and regulations for billboards, including addressing those utilizing these newer technologies, in order to minimize the secondary effects that can accompany the unregulated display of these types of signs, preserve the character and repose of adjacent areas (with a principal focus on residential neighborhoods), protect property values in all areas of the Borough, and reduce traffic and similar hazards caused by undue distractions. For purposes of this section, "digital billboard" shall mean a billboard which incorporates, in whole or in part, a digital sign.
B.
Location.
(1)
A billboard may be erected and maintained only in the LI and LI-1 Zoning Districts, and only upon issuance of a special exception therefor.
(2)
No billboard may be located within a radius of 1,000 feet of another billboard regardless of geographic jurisdiction or within 200 feet of existing or future residential uses.
(3)
If a billboard is illuminated (including digital billboards), the minimum distance from an existing or future residential use shall be 300 feet.
(4)
No billboard may be located within 50 feet of a street right-of-way line adjoining a street or 30 feet of any other boundary lines of the property on which the billboard is located.
(5)
All distances as provided for in this section shall be measured radially from where the surface display area is visible.
(6)
No billboard may be located on top of, cantilevered over or otherwise suspended above any building or structure.
C.
Billboard surface display area; measurement.
(1)
The maximum allowable surface display area for all other billboards at any location is 300 square feet. A billboard shall have only a single exposed face.
(2)
The surface display area of a billboard shall be measured to include the entire area within a regular geometric form or combinations thereof comprising all of the display area of the billboard, including all of the elements of the matter displayed. Frames and structural members, excluding necessary supports or uprights, shall be included in computation of surface display area. In the case of a sphere, spheroid, or similarly shaped billboard (e.g., a ball), the total surface display area shall be divided by two for determining the maximum surface display area permitted.
D.
Height of billboards. The height of a billboard may not exceed 22 feet above the natural grade of the ground on which the billboard is located.
E.
Illumination. A billboard may be illuminated, provided such illumination is consistent with the requirements for a digital billboard as set forth herein, or is concentrated on the surface of the billboard and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of oncoming vehicles or any adjacent premises.
F.
Appearance. Except for time and temperature signs or digital billboards as otherwise regulated herein, all billboards must be stationary and may not contain any visible moving parts, alternating or moving messages or have the appearance of having moving parts or messages. Under no circumstances may any type of billboard contain a message or display that appears to flash, undulate, pulse, move, or portray explosions, fireworks, flashes of light, or blinking lights or otherwise appears to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist or make other comparable movements.
G.
Construction and maintenance. A billboard shall be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity and in compliance with all applicable codes. A billboard shall be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.
H.
Display.
(1)
The display or message on a digital billboard, of any type, may change no more frequently than once every eight seconds, with a transition period of one second or less.
(2)
The display or message must otherwise comply with Subsection G and the digital billboard must have installed an ambient light monitor which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with terms of this chapter.
(3)
Maximum brightness levels for digital billboards shall not exceed 0.2 footcandles over ambient light levels measured within 150 feet of the sign. Certification must be provided to the Borough demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration shall be annually required by the Borough, in its reasonable discretion, at the permittee's expense to ensure that the specified brightness levels are maintained at all times.
(4)
Brightness of digital billboards shall be measured as follows:
(a)
At least 30 minutes following sunset, a footcandle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the preset location.
(b)
The sign shall then be turned on to full white copy to take another reading with the meter at the same location.
(c)
If the difference between the readings is 0.2 footcandles or less, the brightness is properly adjusted.
I.
Other applicable laws. A billboard must comply with all applicable provisions of federal and state law.
J.
Permitting. Every billboard requires a Borough sign permit before installation or modification. Permits shall be reviewed and issued consistent with the terms of this section as well as all other applicable ordinances of the Borough including, without limitation, the Borough Zoning Ordinance as amended from time to time. Every applicant for a billboard permit shall file with the application a certificate of insurance, certifying that the applicant is insured against bodily injury and for property damage. The applicant, if the permit is granted, shall be required to maintain said insurance and keep a certificate of insurance currently effective on file with the Borough so long as the billboard or billboards are in existence. The certificate shall provide that the Borough shall receive 30 days' written notice in case of cancellation of the policy. Any billboard in violation of the insurance requirements of this section shall be removed immediately and the cost of such removal shall be charged against the owner of the billboard.
K.
Other requirements. Billboards must otherwise comply with all other relevant regulations and ordinances of the Borough.
§ 220-2605 Nonconforming signs.
A.
Any nonconforming sign, signboard, billboard, or advertising device existing before the effective date of this chapter, but which does not meet the requirements of this chapter, shall be considered a legal nonconforming sign and may be continued subject to the following:
(1)
A legal nonconforming sign may be moved to another position on the building or lot on which it is located, provided that moving such a sign would reduce or eliminate the nonconformity. This action shall require the notification and permission of the Borough Zoning Officer.
(2)
The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment of this chapter, by which any sign shall be made nonconforming shall not be increased.
(3)
No such sign shall be changed, except as authorized by maintenance provisions in § 220-2602B.
(4)
Nonconforming signs may be replaced only with conforming signs.
(5)
Whenever any nonconforming use of building or structure or land, or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become unlawful and shall be removed within three calendar months from the date such use terminates.
B.
Any sign, signboard, billboard, or advertising device that did not satisfy the chapter requirements prior to the effective date of this chapter, and which does not meet the requirements of this chapter, shall be considered an illegal nonconforming sign, and may be continued only subject to the following:
(1)
An illegal nonconforming sign must be removed or replaced with a conforming sign not later than three years following the effective date of this chapter. Illegal nonconforming signs may be replaced only with conforming signs.
(2)
The required sign permit application fee shall be waived when an application proposed to replace an illegal nonconforming sign with a conforming sign is submitted.
(3)
An illegal nonconforming sign may be moved to another position on the building or lot on which it is located provided that moving such a sign would reduce or eliminate the nonconformity. Such action shall require the notification and permission of the Borough Zoning Officer.
(4)
The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment of this chapter, by which any sign shall be made nonconforming shall not be increased.
(5)
No such sign shall be changed, except as authorized by maintenance provisions in § 220-2602B.
(6)
Whenever any nonconforming use of building or structure or land, or of a combination of buildings, structures and land uses, all signs accessory to such use shall be deemed to become unlawful and shall be removed within three calendar months from the date such use terminates.
§ 220-2606 Registration of nonconformities.
A.
The Zoning Officer may identify and register all legal nonconforming signs and all illegal nonconforming signs as follows:
(1)
Location and description of the sign, including zoning district, county parcel number, and location on parcel or identified structure.
(2)
Name and address of the owner of the nonconforming sign.
(3)
Section of which the sign is nonconforming.
(4)
Date when the nonconforming sign came into existence.
(5)
Date when the nonconforming sign was approved, if ever.
§ 220-2607 Removal of unsafe signs.
A.
Whenever a sign is constructed in an unsafe manner, or is placed in a location that interferes with safe passage of vehicles or pedestrians, or blocks the sight distance in an intersection or becomes structurally unsafe and/or poses a potential threat to the safety of a building or premises, or otherwise endangers the public safety, and such condition becomes known to the Zoning Officer, written notice shall be given to the owner of the premises on which the sign is located, informing the owner that such sign must be made safe or removed within five days, unless the Zoning Officer shall deem appropriate a more extended period for compliance.
B.
Where, in the opinion of the Zoning Officer, upon careful inspection, any sign as described in § 220-2607A constitutes an imminent hazard to public safety, necessitating immediate action, appropriate measures may be taken to secure, stabilize, or remove such sign without the written notice to the owner of the premises otherwise required by § 220-2607A. In such cases, the owner shall be liable to the Borough for the actual cost of the removal and fines as well as fines related to zoning violations.
C.
Failure of the Zoning Officer to remove, or require the removal of, any unsafe sign shall create no liability, upon, nor cause of action against, the Zoning Office or any other Borough official or employee for damage or injury that may occur as result of such sign.