Middleburg City Zoning Code
PART 9
SIGNS
§ 27-901 Permitted Permanent Signs.
[Ord. No. 2024-369, 9/10/2024][1]]
Subject to the provisions of this Part, only the permanent signs contained in Table 1 are permitted.[2] A zoning permit may be required, and the cost shall be fixed by the Borough Council from time to time by resolution.
[1]
Editor's Note: This ordinance also amended in its entirety former Part 9, Signs, adopted by Ord. 206, 2/4/1985; as amended by Ord. 216, 2/17/1987; Ord. 243, 2/27/1996; and Ord. 328, 3/10/2015.
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
§ 27-902 Permitted Temporary Signs.
[Ord. No. 2024-369, 9/10/2024]
Subject to the provisions of this Part, only the temporary signs contained in Table 1 are permitted. (A zoning permit may be required, and the cost shall be fixed by the Borough Council from time to time by resolution.)
§ 27-903 Prohibited Signs.
[Ord. No. 2024-369, 9/10/2024]
1.
The following types of signs shall not be permitted in the Borough:
A.
Animated, sequential, flashing, rotating, or oscillating signs, or revolving signs, with the exception of barbershop poles.
B.
A sign suspended between poles and lighted by a series of lights.
C.
A sign suspended between poles, consisting of either pennants or spinners.
D.
Signs attached to utility poles, official traffic signs, street signs, or bridges.
E.
Any sign of any type across a public street, except as permitted by PennDOT.
F.
Any sign which projects over a public sidewalk more than 12 inches at a height less than nine feet above the sidewalk.
G.
Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter.
H.
Any sign which uses the word "stop," "look," "danger," or any other word, character, or color which attempts or appears to attempt to direct the movement of traffic or which interferes with or resembles any official traffic sign, signal, or device within 75 feet of a public right-of-way or within 200 feet of a traffic control device, whichever is greater.
I.
Open flames used to attract public attention to a place of business or to an advertising sign.
J.
Any sign which obstructs the view of a pedestrian or vehicle operator at an intersection.
K.
Any sign placed upon a truck or other vehicle not used for normal day-to-day operations of a business or not regularly moved for business-related purposes.
L.
Freestanding signs for multiple individual businesses on a single lot.
M.
Any sign that emits smoke, vapors, particulate, sound or odor.
N.
Inflatable signs displayed for more than 48 hours in any 90-day time period.
O.
Any sign placed on the roof or higher than the vertical walls of any structure.
P.
Signs in a public right-of-way except official highway route number signs, street name signs, directional, or other official government (federal, state, county, or township) signs.
Q.
Any sign erected, painted, or drawn on a tree or rock or other naturally occurring feature, except signs controlling the use of private property, such as the prohibition of hunting, fishing or trepassing.
R.
A sign placed upon a truck or other vehicle not used for normal day-to-day operations (other than a business for which the primary purpose is marketing or advertising) of a business or not regularly moved for business related purposes. See § 27-909, Vehicular Signs.
T.
Banners, unless otherwise permitted by Table T-3, temporary signs.
U.
Any sign displaying obscene material, words, phrases or graphics.
§ 27-904 Exempt Signs.
[Ord. No. 2024-369, 9/10/2024]
1.
No permit need be obtained before erecting any of the following signs in any district; however, they shall conform to all other applicable regulations:
A.
Official highway route number signs, street name signs, directional, or other official government (federal, state, county, or Borough) signs.
B.
Directional information or public service signs, such as those advertising availability of restrooms, telephone or similar public conveniences.
C.
Signs advertising meeting times and places of nonprofit service or charitable clubs may be erected and maintained, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods, or services except those of public utilities.
D.
Government flags or insignias not exceeding 80 square feet.
E.
Government signs.
F.
Vending machine signs bearing the brand name of the product being sold or price of such product.
G.
Historical tablets, provided that such tablet does not exceed four square feet.
H.
Signs which are a permanent architectural feature of a building or structure, such as a cornerstone, or identifying letters carved into or embossed on a building, provided that the letters are not made of a reflective material nor contrast in color with the building.
I.
Revolving barbershop pole sign, provided that it does not exceed 36 inches in height.
J.
Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.
K.
Temporary, movable signs not exceeding 16 square feet and which are not displayed for more than eight hours per day.
L.
Menu boards located in the exterior yard behind a line along the front building face(s) extending to the building setback lines. The front face(s) of the building shall be that most parallel to the front building setback line(s).
§ 27-905 General Regulations for All Signs.
[Ord. No. 2024-369, 9/10/2024]
1.
Signs must be constructed of durable material, maintained in good condition and not allowed to become dilapidated. Any sign which becomes dilapidated or which creates a hazard to the public health, safety or welfare shall be removed or adequately improved at the expense of the owner or lessee. The Borough Zoning Officer shall make the determination as to the state of repair or the presence of a hazard.
2.
A sign painted upon, or displayed upon, a barn or other building or structure shall be regarded as a sign, and the regulations pertaining thereto shall apply.
3.
Each sign, including all structural elements, shall be removed when the circumstances leading to its erection no longer apply.
4.
Lighted signs shall be interior-lighted with nonglaring lights, or illuminated by floodlights or spotlights shielded so there is no direct light transmitted to other properties or public rights-of-way.
5.
Sign Measurements.
A.
The area of the sign composed of letters only, attached to a building facade without any background material other than the building components, shall be the area within the perimeter of the entire lettered words.
B.
The area of a sign composed of letters only, attached to a building facade on background material to set off the letters, shall be the area within the perimeter of the background material, including any molding.
C.
The area of all other signs shall be the area within the perimeter of the sign structure, including any molding.
6.
The area immediately surrounding each sign shall be kept neat and litter-free.
7.
All provisions of this chapter shall apply to the use of silos, buildings, smokestacks, water towers and similar structures as signs or billboards.
8.
No sign shall project from a building by more than four feet or 48 inches.
9.
Sign setback shall be measured to the edge of the sign closest to the right-of-way line.
§ 27-906 Billboards.
[Ord. No. 2024-369, 9/10/2024]
1.
Billboards shall be allowed only in the Industrial and Commercial Districts in accordance with the following standards and regulations:
A.
No individual billboard face shall exceed 300 square feet.
B.
No billboard shall be permitted to be erected upon the roof of any building.
C.
Billboards shall be required to be set back 50 feet from the street right-of-way.
D.
No billboard shall be permitted to be erected within 500 feet of an adjoining residential district.
E.
V-shaped billboards supported by a single structure shall be permitted, provided that the angle formed by the two sides of the advertising sign structure does not exceed 30°.
F.
One billboard shall be separated by at least 1,000 feet from another billboard.
G.
No billboard shall exceed 25 feet in height above ground level.
H.
Lighting of Signs.
(1)
No sign shall be permitted which is not effectively shielded so as to prevent beams or rays of light being directed at any portion of the traveled way of any highway, or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle or which interferes with any driver's operation of a motor vehicle.
(2)
No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device, or signal.
(3)
Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
(4)
All other applicable provisions of this chapter shall apply.
I.
Annual Fee for Billboards.
(1)
In order for a billboard sign permitted by this chapter or already built to continue to be a lawful use, the owner or lessee of such sign shall pay annually to Middleburg Borough the required fee on or before February 1 of each calendar year; and default of such payment shall be considered a violation of this chapter, and such sign may be removed as provided for in § 27-912.
(2)
A schedule of officially approved fees and costs is on file at the Middleburg Borough Municipal Building and may be obtained upon request.
J.
Billboard signs shall be permitted only if the provisions of the Outdoor Advertising Control Act of 1971, Act 160, 36 P.S. § 2718.101 et seq., have been met.
K.
Before any billboards are erected, the appropriate state and/or federal permits that are required for the erection of a billboard shall be obtained, and copies of the same shall be filed at the Zoning Office of Middleburg Borough prior to such erection.
§ 27-907 Wall Signs.
[Ord. No. 2024-369, 9/10/2024]
1.
A lot upon which a building(s) is situated, regardless of the number of occupants therein, shall be entitled to a maximum sign area of 1 1/2 square feet for each linear foot of building face parallel or substantially parallel to a street, or a total of 80 square feet, whichever is greater, except at the rear of a building, where only one sign is allowed.
A.
Where a lot fronts on more than one street (i.e., a corner lot), the sign area allowed for the smaller building face shall be allowed for each frontage.
B.
In unique situations where no building face is parallel or substantially parallel to a street, the building face with the lesser of an angle to the street shall be used for determination of maximum sign area.
2.
A lot without a building situated thereon shall be entitled to a maximum sign area of 40 square feet.
3.
Any sign attached to a rear wall shall be limited in size to 25% of the largest sign attached to the structure, and only one such sign is allowed.
§ 27-908 Window Signs.
[Ord. No. 2024-369, 9/10/2024]
1.
A maximum of 25% of the total window area may be used for permanent signs that are etched, painted, or permanently affixed to a window.
2.
A maximum of 35% of the total window are may be occupied by permanent and temporary window signs.
3.
Neon signs in a window shall not exceed 10% of the are of the window or eight square feet, whichever is less.
§ 27-909 Vehicular Signs.
[Ord. No. 2024-369, 9/10/2024]
A sign on a vehicle denoting a business or business-related activity shall be considered a business sign and shall be subject to the following regulations:
1.
Vehicles containing a business sign and parked in a residential district shall be concealed (garaged) from public view or in a parking space screened from view from the street unless the vehicle is moved off premises at least three times each week, or the vehicle owner or repairman is actually engaged in authorized repairs or construction at the location.
§ 27-910 Electronic Signs.
[Ord. No. 2024-369, 9/10/2024]
1.
Electronic signs are permitted only in the C, NC and Industrial Zones.
2.
The background color tones, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic or video display shall not blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance (including having the appearance of a visual dissolve, fading, animation or movement), except when the electronic message or display is being changed to another message or display.
3.
The interval between one message/display and another message/display may not be less than 10 minutes.
4.
The change from one complete message/display to the next complete message/display must be completed within one second.
5.
All electronic signs must be equipped with a default mechanism that stops the messaging, freezes the image in one position or has the signboard go black when a malfunction in programming occurs.
6.
Electronic signs must not exceed a maximum illumination of 5,000 nits (candelas per square meter) for reds and ambers or 10,000 nits for full color during daylight hours. They shall be dimmed between dusk and dawn to a maximum illumination of 1/5 the above-cited nits as measured from the sign's face at maximum brightness.
A.
Prior to issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the above cited nits and that the intensity level is protected from end-used manipulation by password-protected software or other appropriate method.
B.
Each electronic messaging sign shall have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.
7.
The maximum are permitted for an electronic sign or electronic portion of a sign is 50 square feet.
8.
Electronic signs are permitted as freestanding signs only and as such, are limited to one per lot.
9.
Any form of laser, projecting, pyrotechnics or holographic display is prohibited.
10.
No portable or billboard electronic signs are permitted.
11.
All electronic signs must be UL listed for certification of product safety.
§ 27-911 Marquees and Canopies.
[Ord. No. 2024-369, 9/10/2024]
Marquee and canopy signs are permitted in the C, NC and Industrial Zones where it bears no sign other than the identification or name of the premises, provided that such marquee and canopy signs shall be considered as part of the structure to which they are attached and shall therefore conform to restrictions concerning building setback line and height restrictions. Marquee and canopy signs must comply with square footage requirements of this chapter regarding size of identification signs.
§ 27-912 Permits.
[Ord. No. 2024-369, 9/10/2024]
2.
The following operations shall not be considered as creating a sign and shall not require a permit:
A.
Replacing copy: the changing of the advertising copy or message on an approved painted or printed sign or on approved signs that are specifically designed for the use of replaceable copy.
B.
Maintenance: painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made.
§ 27-913 Removal of Nonpermitted Signs.
[Ord. No. 2024-369, 9/10/2024]
Any sign not in conformity with this Part shall be removed, and the Zoning Officer of Middleburg Borough may remove any sign not in conformity with this Part. If the Zoning Officer removes any signs, the same shall be kept in the possession of Middleburg Borough for a period of 30 days and may be claimed and recovered by the owner thereof upon proper proof shown; and after 30 days, if such signs are not claimed and recovered, they shall be destroyed. Removal, storage, or destruction shall be at the property owner's expense.
§ 27-914 Nonconforming Signs.
[Ord. No. 2024-369, 9/10/2024]
All signs in existence prior to the passage of this Part and its effective date shall not have to be in compliance with this Part, except for any annual fee due, but shall be in compliance with any former laws, regulations and ordinances that were in effect at the time such signs were erected. If a nonconforming sign is replaced, it shall conform to the requirements of this Part.