Millcreek Township Erie County
City Zoning Code
City Zoning Code
ARTICLE VI
Signs
§ 145-77 Findings, purpose and intent; interpretation.
A.
Signs obstruct views, distract motorists, displace alternative Uses for land and pose other problems that legitimately call for regulation. Signs also perform an important function in identifying and promoting properties, businesses, services, residences, events and other matters of interest to the public.
B.
Regulations established in this Article are intended to regulate the size, color, illumination, movement, materials, location, height, condition and number of Signs in order to ensure that they are appropriate for their respective Uses, in keeping with the appearance of the affected property and surrounding environment, and are protective of property values, the character of neighborhoods and the public's health, safety and general welfare.
C.
This Chapter must be interpreted in a manner consistent with the United States and Pennsylvania Constitutions regarding freedom of speech. If any provision of this Article is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of other provisions of this Article which can be given effect without the invalid provision.
D.
The intent of the Township in establishing these regulations is to:
(1)
Create an atmosphere of prosperity and stimulate commercial activity;
(2)
Establish standards for the size, color, movement, materials, height, quantity, location, construction, Maintenance and permitting of Signs;
(3)
Establish standards for the illumination of Signs to ensure visibility while minimizing potential hazards and distractions to traffic;
(4)
Set standards and provide uniform controls that permit reasonable Use of Signs and preserve the character of the municipality;
(5)
Restrict the location of Sign types to certain zoning districts; and
(6)
Provide for Permit fees for all Signs and for enforcement of regulations.
E.
The regulations are not intended to and do not apply to Signs erected, maintained or otherwise posted, owned or leased by the commonwealth, the federal government or this Township. The inclusion of government in describing some Signs does not intend to subject the government to regulation, but instead helps illustrate the type of Sign that falls within the immunities of the government from this regulation.
§ 145-78 General regulations.
A.
Location of Signs. In no case, except for official traffic and Street Signs, shall any Sign be erected so that it:
(1)
Is closer than 10 feet to a Street shoulder or curb and lies within or projects over the Right-of-Way of a Street;
(2)
Lies within any clear sight triangle;
(3)
Obscures a motorist's, pedestrian's or bicyclist's view of traffic signals, stop Signs or other warning devices;
(4)
Obscures a motorist's, pedestrian's or bicyclist's view of the roadway, intersections or driveways and egress;
(5)
Blocks or obstructs any exit or entrance and/or the movement of pedestrians, bicyclists or others;
(6)
Lies within a distance of seven feet from a Side Yard Property Line or within a parking space or a fire lane; and/or
(7)
Casts Glare or is otherwise detrimental to neighboring occupancies or to the safe movement to traffic.
B.
Area of Signs. (See the Appendices.)
(1)
The area of a Sign shall include perimeter framework or trim. Where the Sign consists of individual letters, designs or symbols attached to a Building, Awning, wall or window, the area shall be the sum of the areas of each such individual letter, design or symbol.
(2)
In computing the area of a double-faced or multiple-faced Sign, only the side with the most square feet (SF) will be considered. If the interior angle formed by the faces of the Sign is 90° or more, then all sides of such Sign shall be considered in calculating the Sign area.
(3)
If a Building has walls fronting on two or more Streets or if the property fronts on more than one Street, the Sign area for each Building wall or property frontage shall be computed separately.
(4)
A Sign supported by more than one means, such as freestanding, wall, roof, or projecting, shall have its area and height calculation determined by the type of Sign which has the most restrictive standards.
(5)
Signs that consist of, or have attached to them, one or more three-dimensional or irregularly shaped objects shall have a Sign area of the sum of two adjacent vertical Sign faces of the smallest cube encompassing the Sign or object.
(6)
If elements of a Sign are movable or flexible, such as a Flag or banner, the measurement is taken when the elements are fully extended and parallel to the plane of view.
C.
D.
Maintenance.
(1)
All Signs shall be maintained in safe condition and good repair at all times so that all Sign information is clearly legible and the Sign and its structural components are in conformance to the provisions of this Chapter.
(2)
It shall be the duty and responsibility of the owner or lessee of every Sign to maintain the immediate Premises occupied by the Sign in a clean, sanitary and healthful condition.
E.
Sign illumination.
(1)
Signs may be illuminated, unless otherwise specified herein, consistent with the following standards:
(a)
Light sources to illuminate Signs shall neither be visible from any Street Right-of-Way, nor cause Glare hazardous or distracting to pedestrians, Vehicle drivers, or adjacent properties.
(b)
No more than 0.2 footcandle of light shall be detectable at the boundary of any abutting property.
(c)
Hours of operation. Signs on nonresidential properties may be illuminated from 5:00 a.m. until 11:00 p.m., or one-half hour past the close of business of the facility being identified or advertised, whichever is later. Signs shall provide an automatic timer to comply with the intent of this Section.
(d)
Brightness. Message center Signs and digital displays are subject to the following brightness limits. During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits. At all other times, luminance shall be no greater than 250 nits. Each Sign must have a light-sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set here within.
(2)
Types of illumination. Where permitted, illumination may be:
(a)
External. Externally Illuminated Signs, where permitted, are subject to the following regulations. The source of the light must be concealed by translucent covers, and external illumination shall be by a steady, stationary light source, shielded and directed solely at the Sign. The light source must be static in color.
(b)
Internal. Internally Illuminated Signs, where permitted, are subject to the following regulations. Internal illumination, including neon lighting, must be static in intensity and color.
(3)
Electronic Message Centers are permitted in accordance with the regulations contained in § 145-88.
(4)
Electrical standards.
(b)
The electrical supply to all exterior Signs, whether to the Sign itself or to lighting fixtures positioned to illuminate the Sign, shall be provided by means of concealed electrical cables. Electrical supply to Freestanding Signs shall be provided by means of underground cables.
(c)
The owner of any Illuminated Sign shall arrange for a certification showing compliance with the brightness standards set forth herein by an independent contractor and provide the certification documentation to the Township as a condition precedent to the issuance of a Sign Permit. Equipment/materials specification or data sheets supplied by the light manufacturer that contain brightness information can be used to satisfy this certification requirement.
(5)
Glare control. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling Glare.
§ 145-79 Permits and identification.
A.
It shall be unlawful for any Person to erect, install, locate, alter (dimension or type), or relocate any Sign or Sign Structure within the Township without first obtaining a Sign Permit, unless the Sign or Sign Structure is not required to have a Permit as outlined in § 145-80. A Permit must be obtained from the Township authorizing the erection of all Signs and Sign Structures in the Township prior to commencement of erection or installation, unless specifically exempted in this Article.
B.
Before any Permit is granted for the erection of a Sign or Sign Structure, plans and specifications shall be filed with the Township showing the dimensions, materials and details of construction, anchorage and any other pertinent engineering data. The Township shall use the design and construction standards required for Signs in the Pennsylvania Construction Code.[1] Plans for Signs with an area greater than 300 square feet shall be prepared by a professional engineer and certified that they meet the requirements of the Pennsylvania Construction Code.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
C.
The owner of property on which a Portable Sign is to be located must obtain a Sign Permit before having the Sign delivered to the site.
D.
No Sign shall be enlarged or relocated except in conformity with the provisions of this Chapter for new Signs, nor until a proper Permit has been secured. The changing of content or movable parts on any Electronic Message Center or Sign which features automatic, manual or other switching or changing of its message content that is designed for such changes or the repainting or reposting of display matter shall not be deemed an alteration, provided the conditions of the original approval and the requirements of this Chapter are not violated.
E.
Upon the filing of an application for a Permit, the Zoning Officer may examine the site where the Sign is to be erected. If the proposed site and Sign are in compliance with the requirements of this Chapter and other laws of the Township, the Zoning Officer shall then issue the Permit.
F.
Every Sign for which a Permit has been issued shall be plainly marked with the Township Permit number displayed in a conspicuous place. The Township will provide a label with a Permit number at the time the Permit is issued.
G.
All rights and privileges acquired under the provisions of this Chapter or any amendment hereto are mere licenses, revocable at any time by the Township and all such Permits shall contain this provision.
H.
Erection, relocation and/or alteration of the Sign under the issued Permit must be completed within six months after date of issuance of a Permit or the Permit shall be considered void, unless a request for an extension is submitted by the applicant and approved by the Zoning Officer.
I.
Exemptions from the necessity of securing a Permit, however, shall not be construed to relieve the owner of or the Person maintaining the Sign involved from responsibility for its erection in a safe manner and in a manner in accord with all the other provisions of this Chapter.
J.
A Permit fee and a deposit, if applicable, shall be established from time to time by resolution of the Township Board of Supervisors and shall be paid by the applicant prior to any issuance of a Permit.
K.
Permits issued for Temporary Signs shall be valid for a period of 60 days after issuance.
L.
The Zoning Officer may revoke a Sign Permit under any of the following circumstances:
(1)
It is determined that information in the application was materially false or misleading.
(2)
The Sign as installed does not conform to the Sign Permit application.
(3)
The Sign violates this Chapter, the Construction Code or other applicable law, regulation, or ordinance; or the Zoning Department determines that the Sign is not being properly maintained or constitutes a hazard to public health and safety.
§ 145-80 Signs that do not require a permit.
The following Signs are permitted in all districts and do not require a Permit, provided that the applicable conditions have been met:
A.
Government/Regulatory Signs.
B.
Signs displaying the official Street address of the Premises for public safety purposes and for delivery of mail and official governmental notifications, provided that the area of any such Sign shall not exceed two square feet and not more than one such Sign shall be erected for each occupancy of a Premises, unless such property fronts on more than one Street, in which case one such Sign may be erected on each Street frontage.
C.
No trespassing Signs, Signs indicating the prohibition or control of fishing, hunting, etc., or Signs indicating the private nature of a Road for public safety purposes, provided the area of any such Sign does not exceed two square feet.
E.
Legal notices.
F.
Directional Signs provided they do not contain any commercial messaging, which do not exceed five square feet in area, do not exceed a maximum height of five feet, and are not illuminated.
G.
Window Signs provided the total area of any such Sign or all Signs together does not exceed five square feet.
H.
Signs painted on or integral to vending machines, fuel dispensing pumps or fuel storage tanks.
I.
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 the letters are not made of a reflective material nor contrast in color with the Building.
§ 145-81 Prohibited signs.
It shall be unlawful and a violation of this Chapter for any Person to erect, install or locate any of the following:
A.
Signage causing safety hazards, including but not limited to traffic, impairment of vision, ingress/egress, etc.
B.
Unauthorized Signs in the public Right-of-Way.
C.
Any Sign which uses the words "Stop," "Look," "Danger," or any other word or character which attempts or appears to attempt to a 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.
D.
Signs that contain deceptive, false or misleading information.
E.
Except for traffic control signals, red, green or revolving beacon lights are prohibited within 75 feet of a public Right-of-Way or 200 feet of a traffic control device signal, whichever is greater.
F.
Any banner Sign or Sign of any other type is prohibited across a public Street or on any public property, except for such Signs which are approved by the state and/or Township to be of general benefit to the Township or for public convenience, necessity or welfare.
G.
Abandoned Signs.
H.
Snipe Signs.
I.
Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as determined by the Township, applying contemporary community standards.
J.
Signs which prevent the free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part. No Sign other than a safety Sign shall be attached to a standpipe or fire escape.
K.
Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state or federal government.
L.
Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames.
M.
Reflective Signs or Signs containing mirrors.
§ 145-82 Temporary and portable signs.
B.
Portable Signs.
(1)
General provisions.
(a)
Hours of illumination. Portable Signs may be illuminated only during the hours of operation of the business being advertised. The illumination of any Portable Signs shall be in compliance with § 145-78E.
(b)
No Portable Signs shall be larger than 32 square feet in area and no Sign shall be located less than 10 feet from a Street Right-of-Way line.
(c)
These Signs may not revolve, be animated or have flashing lights.
(d)
A maximum of one Sign per frontage, per occupancy, is permitted.
(2)
Sandwich-Board Signs. Sandwich-Board Signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of Signs allowed on a property.
(a)
Number. One Sandwich-Board Sign per Premises; however, a premises with multiple commercial Uses or tenants is permitted one Sandwich-Board Sign per Use or tenant.
(b)
Area. Each Sign shall have a maximum area of seven square feet per Sign face.
(c)
Height. Signs shall have a maximum height of 3.5 feet.
(3)
Sign placement.
(a)
If a Sign is located on a public or private sidewalk, a minimum of 36 inches of unobstructed sidewalk clearance must be maintained between the Sign and any Building or other obstruction.
(b)
The Sign must be located on the Premises, and within 12 feet of the primary public entrance, of the establishment it advertises. For the purposes of this subsection, a public entrance includes a vehicular entrance into a parking garage or parking lot.
(c)
Portable Signs shall be weighted, temporarily secured or strategically placed so as to avoid being carried away by high winds.
§ 145-83 Residential zoning districts.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
Single or two-Family Dwellings. Nonilluminated, permanent, stationary on-premises Signs are permitted in any residential zoning district where the Use is a single or two-Family Dwelling provided that:
B.
The following applies to permanent Monument Signs on properties with Multi-Family Dwellings and multiple residential Buildings, at the entrances of residential subdivisions, legal Nonconforming Uses, and conforming nonresidential Uses:
(1)
Total square footage shall not exceed 24 square feet of signage for every 75 feet of frontage of the Lot, not to exceed 32 square feet. For Lots with less than 75 feet of frontage, no more than 24 square feet of signage will be permitted.
(2)
The height of the Sign shall not exceed eight feet.
(3)
All such Signs shall observe at least a ten-foot Setback from the Street Right-of-Way line.
(4)
Signage may be illuminated from the ground provided that the lights are adequately screened to prevent Glare from neighboring properties.
C.
Wall signs for conforming nonresidential uses and legal nonconforming uses. The following applies to permanent Wall Signs on properties with Conforming Nonresidential Uses and Legal Nonconforming Uses:
(1)
For Conforming Nonresidential Uses, maximum Wall Sign square footage shall be determined by the following:
(a)
Total Wall Sign area shall not exceed 5% of the total wall area that the Wall Sign is attached to that directly faces a public street or parking lot.
(b)
Naming Rights are permitted as a Conditional Use provided that:
[1]
Naming Rights shall be included toward the maximum Wall Sign square footage established above.
[2]
Naming Rights do not meet the definition of an Off-Premises Sign or Billboard/Commercial Outdoor Advertising Sign.
[3]
The Board of Supervisors may, at their discretion, attach such reasonable conditions and safeguards as they may deem necessary to implement the purposes of this Chapter.
(3)
Wall Signs shall be limited to identification. No Off-Premises Signs are permitted as Wall Signs.
§ 145-84 C1, MU-1, and MU-2 Districts.
A.
The maximum square footage for all Building Signs per tenant shall not exceed 24 square feet for every 50 feet of linear Building frontage of the tenant, or part thereof, not to exceed 48 square feet. For Building frontages with less than 50 feet of linear frontage, no more than 24 square feet of signage shall be permitted. The linear footage of Wall Signs shall not exceed 65% of the length of the tenant's frontage.
B.
No animated/moving, Billboard/Commercial Outdoor Advertising, Portable, projecting, Rotating, Roof or Vehicular Signs shall be permitted in this district.
C.
Only one Freestanding Sign shall be permitted per Lot, according to the following standards:
(1)
Monument Signs shall be located at least 10 feet from the public Right-of-Way; shall not exceed 50 square feet in Sign area nor eight feet in height.
(2)
All other Freestanding Signs shall not exceed 15 feet in height with a minimum clearance of seven feet from the ground and 32 square feet in area.
D.
Wall Signs shall be limited to one per Street frontage.
E.
Temporary and Portable Signs in excess of 16 square feet but not to exceed 32 square feet shall be permitted provided a Permit is obtained. Temporary Signs in excess of five square feet are to be located a minimum of 20 feet from another Temporary Sign over five square feet. Temporary Signs shall not exceed eight feet in height. No Temporary Sign is permitted for more than 60 days.
§ 145-85 C2 and C3 Commercial Districts.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
The maximum square footage for all Building signage per tenant shall be determined by the gross square footage that the tenant occupies as follows:
(1)
One to 24,999 square feet of tenant space: two square feet of signage for every one foot of linear store frontage, not to exceed 200 square feet of signage per side;
(2)
Twenty-five thousand to 49,999 square feet of tenant space: two square feet of signage for every one foot of linear store frontage, not to exceed 350 square feet of signage per side;
(3)
Fifty thousand to 79,999 square feet of tenant space: two square feet of signage for every one foot of linear store frontage, not to exceed 550 square feet of signage per side;
(4)
Eighty thousand or more square feet of tenant space: two square feet of signage for every one foot of linear store frontage, not to exceed 800 square feet of signage per side.
B.
Freestanding Signs:
(1)
Shall not exceed 20 feet in height.
(2)
Shall not exceed 40 square feet in area.
(3)
For Principal Structures that contain one or two Uses, Freestanding Signs shall not exceed one Freestanding Sign per road frontage, not to exceed two Freestanding Signs for the Building.
(4)
In the instance of shopping centers, detached primary Buildings may have one Freestanding Sign per Building, not to exceed 15 square feet of signage per tenant of the Building up to a maximum square footage of 300 square feet of signage per Freestanding Sign permitted.
C.
No Sign will be permitted within the public Right-of-Way.
D.
Building Signs:
(1)
Shall not exceed 80% of the length of the Building or store frontage.
(2)
Shall not exceed six feet in height above the existing roof.
(3)
Shall not exceed one Sign per Building, or storefront when located in the C2 district, unless located on a corner, in which case, two Signs are permitted, one Sign per frontage.
E.
Billboard/Commercial Outdoor Advertising Signs are prohibited in the C2 District, but allowed in the C3 District, provided that no such Signs may be installed along the Seaway Trail (West Lake Road from Millfair Road to West 6th Street and then along West 6th Street to Pittsburgh Avenue) pursuant to restrictions established by the National Scenic Byway Program and comply with § 145-89.
F.
Temporary and Portable Signs in excess of 16 square feet but not to exceed 32 square feet shall be permitted provided a Permit is obtained. Temporary Signs in excess of five square feet are to be located a minimum of 20 feet from another Temporary Sign over five square feet. Temporary Signs shall not exceed eight feet in height. No Temporary Sign is permitted for more than 60 days.
§ 145-86 Industrial districts.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
In the I1 and I2 Districts, signage shall not exceed one square foot for each two linear feet of Building frontage which is perpendicular to the Sign.
C.
In addition to Building Signs, one Freestanding Sign is permitted, provided:
(1)
The Sign shall not exceed 40 square feet in area.
(2)
The height shall not exceed 20 feet, with a minimum clearance of 10 feet.
(3)
In the case of a Monument Sign, the maximum height of the sign shall not exceed eight feet in height and shall maintain a minimum setback from the Right-of-Way of 10 feet.
D.
Billboard/Commercial Outdoor Advertising Signs are permitted in accordance with the regulations in § 145-89.
E.
Temporary and Portable Signs in excess of 16 square feet but not to exceed 32 square feet shall be permitted provided a Permit is obtained. Temporary Signs in excess of five square feet are to be located a minimum of 20 feet from another Temporary Sign over five square feet. Temporary Signs shall not exceed eight feet in height. No Temporary Sign is permitted for more than 60 days.
§ 145-87 Presque Isle (PI) District.
A.
All signage in the PI district shall be considered a Conditional Use and shall meet all applicable sections prior to the Board of Supervisors' approval. Conditions shall include:
(1)
The Use of the property must be a legal Use.
(2)
For Electronic Message Centers, the applicant shall demonstrate that all requirements of § 145-88 are met.
(3)
The Board of Supervisors may, at their discretion, attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter.
B.
Only one freestanding Monument Sign is permitted, provided that:
(1)
A landscaped planter is provided with the minimum area to be equal to the total area of the Sign located within the planter.
(2)
The exterior finish color and materials are to complement the colors and materials of both the Building that the advertised business occupies as well as surrounding Buildings in the zoning district.
(3)
No Sign is permitted within the clear sight triangle adjacent to a corner. The clear sight triangle shall measure 25 feet by 25 feet.
(4)
Signage shall be based on frontage and restricted to the following maximums:
Property Frontage (feet) | Area (square feet) | Height (feet) | Width (feet) |
|---|---|---|---|
Less than 100 | 25 | 8 | 10 |
100 to 299 | 55, or 0.33 per linear foot of frontage, whichever is less | 8 | 10 |
300 or more | 65 or 0.33 per linear foot of frontage, whichever is less | 8 | 10 |
(5)
One additional freestanding Monument Sign is permitted for Lots over 600 feet in Street frontage. The additional Sign shall comply with § 145-87B(3).
C.
Building Signs are restricted to the following:
(1)
The maximum square footage for all Building Signs per tenant shall not exceed 24 square feet for every 75 feet of linear Building frontage of the tenant, or part thereof. For Building frontages with less than 75 square feet of linear frontage, no more than 20 square feet of signage shall be permitted. Wall Signs shall not exceed 80% of the tenant's frontage.
(2)
Signage is to complement the colors and materials of both the Building that the advertised business occupies as well as surrounding Buildings in the zoning district.
§ 145-88 Electronic Message Center signs.
Electronic Message Centers are permitted in all Nonresidential Zoning Districts provided that:
A.
Each such Sign shall be equipped with an automatic dimmer device.
B.
No animation of any type, no audio components, no pyrotechnics, no scrolling messages, no videos, no flashing lights and no spell effect display mode shall be allowed on any such Sign.
C.
Duration. Messages shall stay static for a minimum of eight seconds.
D.
Transition. The change sequence shall be accomplished by means of instantaneous repixelization of less than one second.
E.
The maximum area shall not exceed 32 square feet.
F.
The area of Electronic Message Centers shall be included in the maximum square footage permitted per zoning district.
G.
The intensity and contrast of light levels shall remain constant throughout the Sign face. No portion of any Electronic Message Center may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, steams, zooms, twinkles, sparkles, or in any manner creates the illusion of movement.
H.
Illumination intensity of the Sign shall not exceed 5,000 nits during daytime hours.
I.
Each such Sign shall be shut off between the hours of 11:00 p.m. and 6:00 a.m. on every day and shall use automatic day-night dimming software or other means to reduce the illumination intensity of the Sign to 500 nits or less from dusk until 11:00 p.m.
J.
Malfunctioning Signs shall be turned off or display a dark screen until repaired and operating properly.
K.
Signs shall not cause Glare.
§ 145-89 Commercial advertising.
A.
Billboard/Commercial Outdoor Advertising Signs.
(1)
Billboard/Commercial Outdoor Advertising Signs are authorized only in C3, I1, and I2 Zoning Districts.
(2)
Only one Billboard/Commercial Outdoor Advertising Sign may be erected per each Premises fronting onto a public Right-of-Way, provided that:
(a)
The Signs meet applicable zoning district Setbacks.
(b)
No Sign shall be permitted within 50 feet of a Residential, Mixed Use, PI or C1 Districts.
(c)
The Sign is not within 50 feet of any Road intersections or 1,000 feet of any other Billboard/Commercial Outdoor Advertising Sign on the same side of the Road.
(3)
No Billboard/Commercial Outdoor Advertising Sign shall exceed 35 feet in height to the uppermost portion of the Sign or its support Structure.
(4)
Billboard/Commercial Outdoor Advertising Signs shall not exceed of 378 square feet in area, including borders and trim but excluding supports. A Sign having two sides back-to-back or a V-shaped Sign with a horizontal angle that is not greater than 90° is permitted.
B.
High-Rise Signs.
(1)
High-Rise Signs shall be authorized only in the area with a 1,000-foot radius of the intersection of the center lines of Interstate 90 and Route 8 (Wattsburg Road) except as expressly provided otherwise, and shall not exceed a height of 80 feet.
(2)
Such Signs are limited to one Sign per Premises.
(3)
High-Rise Signs shall meet the applicable zoning district Setback and shall include a buffer of 50 feet when adjacent to Residential, Mixed Use or PI Districts.
(4)
High-Rise Signs shall not exceed a maximum area of 200 square feet, including borders and trim but excluding supports.
(5)
The applicant for a High-Rise Sign shall acquire all permits that may be required by state or federal agencies.
C.
Illumination.
(1)
An Electronic Message Center contained within a Billboard or High-Rise Sign shall meet the standards in § 145-88 to the extent not inconsistent with the following operational standards:
(a)
Size. The maximum size of an Electronic Message Center contained within a Billboard or High-Rise Sign shall not exceed the maximum permitted size of such Billboard or High-Rise Sign.
(b)
Dimmer control. Electronic Message Center contained within a Billboard or High-Rise Sign must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level with the result being the appearance of the Billboard or High-Rise Sign will be no greater than a conventional Billboard or High-Rise Sign externally illuminated. No Billboard or High-Rise Sign shall be erected without a light detector/photocell, a scheduled dimming timer, or a manual control by which the Sign's brightness can be dimmed when ambient light conditions darken.
(2)
Illumination of conventional Billboards shall be effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled Rights-of-Way or which are of such intensity or brilliance as to cause Glare or impair the vision of the driver of the Vehicle, or which interfere with any driver's operation of a Vehicle, and illumination shall not be permitted that interferes with the effectiveness or obscures an official traffic signal, device or signal. Advertising Signs shall not be permitted that contain, include or are illuminated by any flashing, intermittent or moving lights except those giving public service information, such as time, date and temperature or weather.
§ 145-90 Substitution clause.
Notwithstanding any provision of this Chapter to the contrary, to the extent that this Chapter allows a Sign containing commercial copy, it shall allow a noncommercial Sign to the same extent. The noncommercial message may occupy the entire Sign area or any portion thereof, and may substitute for or be combined with the Commercial Message. The Sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the Sign's owner, provided that the Sign is not prohibited and the Sign continues to comply with all requirements of this Chapter.