Morton City Zoning Code
PART 14
SIGNS
§ 27-1401 Scope and Applicability.
[Ord. 588, 4/12/1995, § 1400; as amended by Ord. 728, 12/10/2014, § 1]
1.
Any sign hereafter erected in Morton Borough shall conform with the provisions of this Part and any other ordinance or regulation of Morton Borough relating thereto. Existing signs may be maintained as a pre-existing nonconforming use.
2.
A sign permit is required for all signs hereinafter erected. A permit shall be obtained from the Borough upon the filing of an application accompanied by a plan drawn to scale, showing the sign, its size and its location with respect to the building and to the boundaries of the lot upon which it is situated, and upon payment of the fee as established by resolution of Borough Council.
3.
The size of any sign shall be determined in accordance with the provisions of this Part and the following requirements:
A.
When a sign consists of letters, numbers and/or logos and not a lettered board and such sign is erected on or attached to a building wall or other similar surface, the size of such sign shall be measured by the rectangle, triangle, square, or arc as measured by the area formed between the inside and outside radius of the arc formed by the extreme outside edge of the largest letters, numbers or logos contained in the sign.
B.
When a sign consists of a lettered board and such sign is erected on or attached to a building, wall or other similar surface, the size of such sign shall be determined by calculating the area of the lettered board.
§ 27-1402 Prohibited Signs.
[Ord. 588, 4/12/1995, § 1401; as amended by Ord. 728, 12/10/2014, § 2]
1.
It is unlawful to erect or maintain the following signs:
A.
Spinning, twirling, rotating or any other animated signs or objects used for advertising purposes, whether containing a message or not, except for time and temperature signs.
B.
Signs that flash, blink, or emit sound, smoke or steam.
C.
Signs That Glare. A sign that can cause glare is prohibited except in accordance with the following:
(1)
It must be so effectively shielded that glaring beams or rays of light are not directed to any portion of a public street.
(2)
It must not be internally illuminated so as to obscure and detract from the adjoining properties or impair the vision of any motor vehicle driver, or otherwise interfere with a driver's operation of his motor vehicle.
D.
Signs with Prohibited Words. No sign may use the words "stop," "look," "danger" or any other word, symbol or character 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.
E.
Signs placed on property without the permission of the owner or his agent.
F.
Signs with obscene or prurient words, scenes or graphics.
G.
Signs painted on buildings, or painted on or attached to trees, utility poles, fences, outdoor benches or similar natural or man-made features.
H.
Signs which obscure other signs or obstruct fire escapes, doors or windows.
I.
Unsafe and damaged signs, including signs within the safety clearances of electrical and utility lines.
J.
Projecting signs, roof signs or animated signs.
K.
Advertising cloth, paper or plastic banners or similar signs suspended or hung on any property, except for temporary banners which may be permitted through special permission of the Code Enforcement Officer and displayed only for a duration of 14 days.
L.
Wall bulletins or any other signs painted directly on the facade of any building or structure.
M.
Signs or mobile stands which can be moved from place to place and thereby not permanently affixed to the ground.
N.
Swinging or hanging signs.
O.
Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the signs. This does not apply to lettering on buses, taxis or vehicles operating in the normal course of business.
P.
Off-premises signs, except as specifically permitted by this chapter.
§ 27-1403 Permitted Signs Exempt From Zoning Regulations.
[Ord. 588, 4/12/1995, § 1402; as added by Ord. 728, 12/10/2014, § 3]
1.
The following signs to the extent indicated are exempt from the requirements of this chapter, from the need to secure permits and from the allowable sign area requirements, except as specified below in this section:
A.
Official signs, including but not limited to route number, street name, traffic and parking, or other sign of the same character.
B.
Decorations for a recognized, officially designated holiday provided they do not create a traffic or fire hazard.
C.
Directional signs not exceeding two square feet.
D.
Memorial or historic markers where approved by the Planning Commission and when not more than six square feet in area.
E.
Non-illuminated nameplate signs not exceeding 90 square inches in size, provided that only one such sign per lot shall be exempted.
F.
Real estate rental or sale signs not exceeding six square feet, provided they are removed within seven days after settlement or agreement for lease. Not more than one such sign may be erected per street frontage, except that real estate "open house" signs may be placed off the premises but shall be removed within 24 hours of such open house.
G.
Signs advertising the development, subdivision, major repair or renovation of the property, provided that:
(1)
The size of such sign shall not exceed 12 square feet.
(2)
Not more than one such sign shall be erected.
(3)
No such sign shall be illuminated.
(4)
All such signs shall be removed upon settlement of all lots or within seven days after the completion of the repairs or renovation.
H.
Political signs, provided they do not exceed six square feet and are removed within seven days after the election. Not more than two signs with an aggregate total of eight square feet shall be permitted per street frontage.
I.
A governmental flag or insignia, provided that the area does not exceed 32 square feet.
J.
A legal notice (to be removed when legal requirements have been met).
K.
Public service information signs advertising the availability of rest rooms, telephones or similar public conveniences and signs advertising meeting times and places of nonprofit service or charitable organizations. Any such sign shall not exceed four square feet.
L.
A sign which is a permanent architectural feature or is of architectural significance to the building, such as a cornerstone or identifying letters carved into or embossed on a building, providing the letters are not made of a reflective material or contrast in color with the building.
M.
Temporary yard sale or garage sale signs, provided such signs:
(1)
Do not exceed six square feet in area.
(2)
Shall be removed within 24 hours after the sale.
N.
Trespassing signs or signs indicating the private nature of a driveway or premises or an official sign indicating the premises is protected by burglar alarm, provided that the size of any such sign shall not exceed two square feet.
O.
Signs of contractors, mechanics and artisans, provided that:
(1)
The size of any such sign shall not exceed six square feet.
(2)
No such sign shall be illuminated.
(3)
Such signs shall be removed within three days after the completion of the work.
(4)
Not more than one such sign for each frontage shall be erected for any premises or lot.
P.
For sale or for lease/rent signs on vehicles, boats or trailers, not to exceed one square foot.
Q.
One or more signs applied to a window pane, giving store hours and credit cards, charge cards, debit cards and bank cards accepted, when the total area of such signs together does not exceed two square feet.
R.
Barber poles, changing of prices on pricing signs; business window signs advertising periodic sales and special events signs.
S.
Signs for street fairs and parades; school, church and periodic events signs.
T.
Identification signs for churches, schools or similar institutions, provided that:
(1)
The area of one side of such sign does not exceed 12 square feet.
(2)
No more than one such sign is erected for each street frontage.
U.
Menu boards, not exceeding six square feet, relating to, and on premises of, eating or drinking establishments.
§ 27-1404 Permitted Signs for Which a Permit Is Required.
[Ord. 588, 4/12/1995, § 1403; as added by Ord. 728, 12/10/2014, § 4]
1.
The following signs, as described under each district or group of districts below, are permitted, provided a sign permit has been obtained.
A.
Signs in Residential Districts. (R-1, R-2, R-3, R-4)
(1)
Permanent identification signs for apartment buildings with more than four units, provided that:
(a)
The types of permanent signs permitted shall be wall signs and freestanding signs only.
(b)
The size of such signs shall not exceed 12 square feet.
(c)
Not more than one such sign shall be erected for each building or groups of buildings.
(d)
No such sign shall be illuminated.
(e)
All such signs shall be placed so that all portions including the overhang of the sign are within the lot line.
(2)
Signs identifying nonresidential uses where such uses are permitted as valid nonconforming uses, provided that:
(a)
The types of signs permitted shall be wall signs or freestanding signs only.
(b)
The size of such sign shall not exceed six square feet.
(c)
Not more than one such sign shall be erected for each frontage.
(d)
Such sign shall be designed so as to create a minimal impact on the residential district in which it is located. Illumination, if provided, shall be by indirect, white light only.
B.
Signs in the NC-Neighborhood Commercial District.
(1)
Any sign permitted in a residential district which applies to a use permitted in the NC District.
(2)
Permanent signs identifying an office or office related use. Such signs may identify the firm, the name, occupation or profession of practitioners, or type of business, profession or activity.
(a)
The types of signs permitted shall be limited to wall signs, window signs and freestanding signs.
(b)
The total sign area of such signs shall not exceed an aggregate of nine square feet and no such individual sign shall exceed six square feet.
(c)
Not more than two such signs shall be erected for any office use or premises, except in the case of a corner property where three such signs may be erected.
(d)
Freestanding signs may be erected, provided they are placed not less than six feet from the street right-of-way line.
(e)
Signs which are to be illuminated shall be by means of external white light only, and shall be illuminated after dusk only.
C.
General Regulations for Signs in Nonresidential Districts.
(1)
Signs shall be permitted on not more than three sides of a detached corner property.
(2)
Where there is a wall sign at the front of a building and another wall sign at the side of a building, no freestanding sign shall be permitted on such property.
(3)
Business establishments, or other permitted nonresidential uses located exclusively above the ground floor, or below the ground floor, may utilize wall or window signs. The sign area for such establishment(s) shall be within the total allotted for the building in its zoning district. However, where an establishment(s) on the ground floor has fully used its allotted sign area at the time of the effective date of this chapter, an additional 10 square feet of sign area shall be permitted for establishments situated on an upper floor and 10 square feet for those below the ground floor when such establishments are initiated after the effective date of this chapter.
(4)
Requirements for freestanding signs shall be applied per deeded property.
(5)
Requirements for wall signs shall be applied per street address.
D.
Signs in the OC District.
(1)
Any sign permitted in Residential or Neighborhood Commercial District which applies to a use permitted or existing in the OC District. The requirements applicable to such signs shall be those of the Residential or Neighborhood Commercial District, whichever applies.
(2)
Signs advertising or identifying a commercial use or activity or advertising the product or service of the establishment.
(a)
The types of signs permitted shall be limited to wall signs, window signs, A-frame signs and awning signs. However, other types of signs may be permitted when authorized as a special exception.
1)
At the front of a building, one square foot of sign area for every lineal foot of building width, up to 30 square feet may be provided.
2)
In the case of a corner property, a maximum sign area of 15 square feet may be provided at the side of a building.
3)
At the rear of a building, signs shall be wall signs only, and a maximum sign area of 15 square feet may be provided on the rear of the building. The maximum sign area for the rear of the building may be increased to one square foot of sign area for each lineal foot of the rear building width for the use by right in question, up to a maximum of 30 square feet if the following conditions are present:
a)
The sign is for a use by right and has a rear entrance for the use by right onto a public right-of-way or street and the rear entrance has undergone facade enhancement.
b)
The rear of the building extends to a sidewalk directly abutting the curbline, street, or alley, thereby forming a wall at the street, and the rear facade has undergone facade enhancement.
(b)
Non-illuminated window signs are permitted at the front and side of a building and shall be exempt from dimensional limitations, except for window signs giving store hours and identifying charge cards accepted, which signs shall be limited to an aggregate area of two square feet.
(c)
Wall signs shall be limited in content to business name, address, telephone number or logos of the establishment.
(d)
A-frame signs no larger than 30 inches by 48 inches may be displayed only while establishments adjacent thereto are open for business.
(e)
Opaque window signs; text or graphics.
1)
A permanent opaque window sign shall not occupy more than 20% of the total area of the window area in which the sign is displayed. The entire background area of the sign shall be used in determining allowable coverage. Internally lit or neon "open" signs will count against the 20% limit. Unlit "open" signs will not be counted against the 20% limit.
2)
Text or graphics that are applied as individual entities to a windowpane that do not have the effect of obscuring sight into the building may cover up to 10% of the total area of the window area in which the sign is displayed.
(3)
Signs Identifying Multi-tenant Buildings.
(a)
Such signs shall be wall signs only.
(b)
The size of such signs shall not exceed one square foot of sign area for each lineal foot of the rear building width for the use by right in question, up to a maximum of 30 square feet at the front of the building and up to 15 feet where there is a rear entrance.
(c)
Only one such sign per street frontage shall be permitted.
(4)
Signs identifying individual establishments in a multi-tenant building.
(a)
Such signs shall be wall signs only.
(b)
All individual establishments shall be listed on one sign.
(c)
The size of such sign shall not exceed eight square feet.
E.
Signs in the GC District.
(1)
Any sign permitted in Residential, Neighborhood Commercial or Office Commercial Districts, which sign applies to a use permitted or existing in the GC District.
(a)
Signs relating to residential, institutional or office uses shall comply with the sign standards for such signs in Residential, Neighborhood Commercial or Office Commercial Districts.
(b)
Signs relating to commercial uses shall be regulated by the sign standards of the GC district listed in Subsection .1F(2).
(2)
Signs advertising or identifying a commercial use or activity or advertising the product or service of the establishment.
(a)
The types of signs permitted shall be limited to wall signs, awning (and/or canopy) signs, window signs, freestanding signs and directory signs. Other type of signs may be permitted only when authorized by special exception.
(b)
The size of signs for commercial uses shall not exceed the following dimensions:
1)
At the front of a building, the area of freestanding signs shall not exceed 50 square feet. Only one such sign shall be permitted per deeded property.
2)
At the front of a building, the area of permitted signs, except freestanding signs, shall not exceed one square foot of sign area for every linear foot of building width, up to 50 square feet.
3)
In the case of a corner property, the maximum sign area of 25 square feet shall be permitted on a side of the building.
4)
At the rear of a building, a maximum sign area of 15 square feet shall be permitted.
(3)
Signs identifying shopping centers or multi-tenant buildings and listing or identifying all the establishments of a shopping center or multitenant building.
(a)
The identification of shopping centers or multi-tenant buildings and the listing of all establishments in a shopping center or multi-tenant building shall be one sign.
(b)
Such sign shall be a freestanding sign.
(c)
Only one such sign per street frontage shall be permitted.
(d)
The size of such signs shall not exceed 50 square feet.
(4)
Signs identifying the individual establishments in a shopping center.
(a)
In addition to permitted signs identifying a shopping center and directory signs listing all the establishments in a shopping center, each establishment in such shopping center shall be permitted one additional sign affixed to the building.
(b)
Such signs shall be wall signs only.
(c)
Such individual signs shall not exceed 16 square feet.
(d)
The design, lettering and type of sign shall be in keeping with a single, harmonious scheme for all businesses in the shopping center.
(5)
Notwithstanding anything in the Code to the contrary, remote change electronic digital display fuel price signs shall be permitted at gasoline stations so long as they comply with the following requirements:
(a)
Such signs shall utilize LED digits to display price numbers.
(b)
LED digits of each price line shall be one color: red, amber or green.
(c)
LED arrays within the digits shall be designed such that if a group of LEDs go out, the correct numbers will continue to be legible.
(d)
LED digits shall show static display only, flashing or moving action by digits is prohibited.
(e)
LED light intensity shall be controlled automatically to dim or brighten in response to changing ambient light conditions.
(f)
Signs shall also be equipped with LED light intensity limit via manual control.
(g)
LED digits shall have a maximum brightness of 4,000 nits at maximum brightness level.
(h)
The LED digits shall not exceed 24 square feet in area.
F.
Signs in the Light Industrial District.
(1)
Signs advertising or identifying an industrial use. Sign dimensions and other standards shall be those permitted in the General Commercial District.
§ 27-1405 Off-Premises Advertising Signs.
[Ord. 588, 4/12/1995, § 1404; as added by Ord. 728, 12/10/2014, § 5]
1.
Off-premises advertising signs, including but not limited to billboards, shall be permitted only subject to the following regulations:
A.
Definitions.
ABANDONED SIGN
(a)
Any sign that does not display a well-maintained message for a consecutive one-hundred-eighty-day period.
(b)
Any sign the owner of which cannot be located at owner's last address as reflected on the records of the department.
(c)
Any sign no longer fully supported by the structure designed to support the sign.
AREA OF A SIGN
The area of one side of a sign is calculated from the smallest rectangle that encompasses all the exposed face that could be filled with a message or graphics.
BANNERS
Sign placed without a permanent structure containing a time-bound message and used in aggregate no more than seven days in any calendar on any private parcel.
DOUBLE-FACED SIGN
Sign with a message on both sides of a support structure thus counting as two sign faces.
GOVERNMENT SIGN
A sign authorized by this municipality, another governmental agency, the State of Pennsylvania, or the federal government.
OFF-PREMISES SIGN
Any sign advertising activities, services, products or uses not located, made, sold, used or served on the premises displaying such sign.
PUBLIC CONVENIENCE
A structure maintained by the Borough or other authorized governmental entity which provides a service to the public such as public bus shelters, public trash receptacles, and other similar structures.
SIGN
An object, including a structure, wall, image, or movable device displaying any message visible to the public.
TRANSIT SHELTER OR STATION
A structure erected at the location of a bus or train stop for the purposes of providing shelter to public transit riders from weather.
B.
Permitted Locations. Off-premises signs shall only be permitted as a special exception use in the following locations:
(1)
Off-premises signs may be located on transit shelters or stations subject to all of the following conditions.
(a)
No more than one off-premises sign shall be permitted per transit station or shelter.
(b)
Each off-premises sign must be permitted by the landowner of the premises upon which it is erected.
(c)
The display face of an off-premises sign (billboard) shall not exceed 55 square feet in area, unless the applicant can establish before the Zoning Hearing Board that the content of the sign could not be read from any point along the railroad frontage and that the permitted size is not adequate for the conveyance of any advertising messages to passing motorists. If the applicant is able to establish the above, then the billboard shall not be permitted to exceed 100 square feet in area, but shall be no larger than is necessary to be read and conveyed to passing motorists. If present, non-display physical borders around the display image shall not exceed six inches on a side.
(d)
The maximum height of such sign shall not exceed eight feet from average grade level.
(e)
Off-premises signs shall not extend beyond the structure of the transit shelter or station.
(f)
Transit shelter or station signs shall not be electronic variable messaging signs.
(g)
Any off-premises sign of greater than 60 square feet shall be located a minimum radius of 1,000 feet from another such off-premises sign.
(2)
Off-premises signs may be located on properties abutting the SEPTA railroad tracks subject to the following conditions:
(a)
Signs must be oriented to only face the railroad tracks.
(b)
Signs may be located no further than 50 feet from the railroad tracks.
(c)
Signs must be shielded to prevent any light from intruding on adjacent residences.
(d)
No sign may be located within 200 feet of Route 420 (aka Woodland Avenue), Church Road or Amosland Road.
(e)
The display face of an off-premises sign (billboard) shall not exceed 55 square feet in area, unless the applicant can establish before the Zoning Hearing Board that the content of the billboard could not be read from any point along the railroad frontage and that the permitted size is not adequate for the conveyance of any advertising messages to railroad passengers. If the applicant is able to establish the above, then the billboard shall not be permitted to exceed 100 square feet in area, but shall be no larger than is necessary to be read and conveyed to railroad passengers. If present, non-display physical borders around the display image shall not exceed six inches on a side.
(f)
The maximum height of such sign shall not exceed 10 feet from average grade level and shall be no higher than necessary to be visible to passing railroad passengers.
(g)
Setback from Residential Dwelling Unit. Except as governed by a greater setback required herein, all off-premises signs (billboards) must be set back a minimum of 50 feet from the boundary of any property on which a residential dwelling unit is situated.
(h)
Any lighting shall be extinguished during hours that train service is not running.
C.
Off premises signs shall be permitted in the locations identified supra, provided that such signs meet the following criteria:
(1)
Each sign allowed under this section of the Part shall be located not less than 500 feet (measured by radial spacing) from any other sign allowed pursuant to this section of the Part. Distance measurement shall be made horizontally in all directions from the nearest edge of the sign face.
(2)
Only one sign may be permitted on any one lot.
(3)
The sign shall conform with all other sections of this Part including but not limited to limitations on illumination and construction of signs.
(4)
Applicants shall prohibit the display of obscene materials on sign faces.
(5)
Adequate screening must be provided to screen the view of the sign from any and all adjacent residential properties.
(6)
Subject to the landowner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message; provided, that the sign structure or mounting device is legal without consideration of message content.
D.
Construction Methods. Off-premises signs shall be constructed in accordance with the applicable provisions of all Borough codes. In addition:
(1)
Applicability of Uniform Construction Code (ICC) Standards. All sign standards herein shall exist in full force and effect in conjunction with all sign standards existing in the most recent edition of the ICC, as amended. Whenever any conflict exists between this chapter and the UCC Code, the more restrictive provisions shall have precedence.
(2)
A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion. All billboards shall be painted in PMS Color 279.
(3)
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.
(4)
The entire base of a freestanding sign structure shall be permanently landscaped with suitable shrubbery and/or bushes. Said landscaping shall be maintained by the owner in an attractive and healthy manner in accordance with accepted conservation practices. Landscaping shall form a base and backdrop to the sign when practical.
(5)
No bare cuts are permitted on a hillside, and all cuts or fills are to be permanently seeded or planted.
(6)
No off-premises sign structure, sign face or display shall emit noise, cause distraction, confusion, nuisance or hazard to traffic safety, aircraft or other properties.
(7)
No off-premises sign shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any manner obstruct or impede traffic safety, including ingress or egress.
(8)
Off-premises signs may not be mounted on a roof, wall or face or other part of a building or any other structure, including trees.
(9)
Illumination of any and all sign faces shall be shielded to prevent the light source from being seen from any direction.
(10)
No illumination of any sign shall occur between 11:00 p.m. and 6:00 a.m.
(11)
Multiple message signs are prohibited.
(12)
Signs which contain, include or are illuminated by any flashing, pulsing, oscillating, intermittent, scrolling or moving light or lights are prohibited.
(13)
Signs containing video and/or animated graphics are prohibited.
(14)
All freestanding off-premises signs (billboards) shall be approved by the Borough Engineer. Applicants must submit a plan, sealed by a structural engineer, showing the proposed construction.
(15)
All sign structures shall comply with all other applicable Borough codes and ordinances.
E.
Maintenance.
(1)
The billboard structure shall be entirely repainted at a minimum every five years.
(2)
Every three years the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania registered structural engineer and shall provide to the Borough a certificate from the engineer or architect certifying that the billboard is structurally sound.
(3)
Annual inspections of the billboard shall be conducted by the Borough Code Enforcement Officer to determine compliance, and billboards found to be in violation of this section shall be brought into compliance within 30 days of notice or ordered removed upon written notification by the Borough.
(4)
Any abandoned sign must be removed within 30 days after notice. If the owner fails to remove an abandoned sign within 30 days, the Borough may remove the sign at the owner's expense.
§ 27-1406 Freestanding Signs.
[Ord. 588, 4/12/1995, § 1405; as added by Ord. 728, 12/10/2014, § 6]
1.
Each sign shall be placed so that all portions, including the overhang, are within the lot line.
2.
The height of freestanding signs shall be measured from the ground or sidewalk to the top of the sign. The maximum height of such signs shall be as follows:
A.
R-1, R-2, R-3, R-4, NC, and OC Districts: eight feet.
B.
GC and Light Industrial District: 16 feet.
3.
Landscaping shall be provided around the base of each freestanding sign for not less than two feet in each direction from the base of the sign.
§ 27-1407 Nonconforming Signs.
[Ord. 588, 4/12/1995, § 1406; as added by Ord. 728, 12/10/2014, § 7]
1.
Any sign existing and lawful at the time this chapter becomes effective that does not conform to use, location, height or size regulations of this Part shall be considered a nonconforming sign and may continue in its present location, except as modified in this section.
2.
Where the name of an establishment is changed, any nonconforming sign at such establishment must be removed and any new sign must conform to the provisions of this Part.
3.
No nonconforming sign which has been damaged to more than 50% of its value or has been removed or discontinued for 60 days or longer shall be repaired, rebuilt or replaced, except as a conforming sign or when authorized as a special exception.
4.
If a nonconforming use of a building ceases or is discontinued for a continuous period of one year or more and such nonconforming use is deemed to be abandoned, any nonconforming sign on the premises shall also be considered to be abandoned and any subsequent signs erected or maintained on the premises shall be in conformity with the provisions of this chapter.
5.
Temporary movable freestanding signs, banners, streamers and similar types of prohibited signs shall be abated or removed within 90 days after the effective date of this chapter.
§ 27-1408 Temporary Signs/Banners.
[Ord. 588, 4/12/1995, § 1407; as added by Ord. 728, 12/10/2014, § 8]
1.
Where temporary signs are not exempt from the requirements of this chapter in § 27-1403, they shall be permitted, provided that:
A.
They are placed so as not to obstruct vehicular or pedestrian traffic.
B.
A permit is obtained following the procedures set forth in § 27-1410 of this chapter.
C.
Such signs shall only be used to promote special events such as sales, holiday sales events, etc. Any other use is specifically prohibited.
D.
The duration of such permit may not exceed 14 days.
E.
The size of such sign shall not exceed 65% of the largest single sign allowed for a property or establishment as set forth in § 27-1405 of this chapter.
F.
Only one such sign shall be permitted during any fourteen-day permit period.
G.
No more than three permits within a one-year period shall be issued for any one property or establishment. Said permits will not be issued for consecutive fourteen-day periods. Furthermore, a period of at least 30 days must elapse between the issuance of permits to any one property or establishment.
H.
Sign shall be removed immediately upon the expiration of the permit. Failure to remove a sign immediately upon the expiration of the permit shall result in the forfeiture of the establishment's ability to apply for and receive such a permit under this section for a period of one year from the expiration of the permit. The forfeiture imposed by this section shall be in addition to any other penalty imposed by any other section of this Part.
§ 27-1409 Awnings and Canopies.
[Ord. 588, 4/12/1995, § 1408; as added by Ord. 728, 12/10/2014, § 9; as amended by Ord. 731, 2/11/2015]
1.
A permit shall be obtained from the Code Enforcement Officer for the erection, repair or replacement of any awning or canopy, following a review by the Planning Commission.
2.
Awning and canopies shall be designed and constructed to withstand wind or other lateral loads, and live loads as required by the Uniform Construction Code, with due allowance for shape, open construction, and similar features that receive the pressure and loads.
3.
Canopies shall be constructed of a metal framework with an approved covering that complies with the requirements of the Uniform Construction Code.
4.
All awnings shall have a minimum clearance of seven feet from the sidewalk to the lowest part of the framework or any awning, except that the bottom of the valance of canvas awnings shall have a minimum clearance of six feet nine inches above the sidewalk.
5.
The horizontal position of a canopy framework shall not be less than eight feet, not more than 12 feet above the walking surface, and the clearance between the covering or valance and the walking surface shall not be less than seven feet.
6.
Retractable or fixed awnings are permitted to project up to four feet into a public right-of-way, provided they meet clearance requirements and are no closer than one foot to a curbline.
7.
No post of any canopy is permitted within the public right-of-way.
8.
All awnings and canopies shall have totally opaque covering material. It shall be required that down lighting be provided to illuminate any walking surface below an awning or canopy to a minimum light level of one footcandle, but the canopy or awning must have sufficient opacity to prevent this light from shining through the material.
9.
Lettering delineating the name of the establishment only, and logos shall be permitted only on the face of the awning or canopy that is parallel to the building facade. Such lettering, and/or logos, shall be counted against the total allowable building signage for the district.
§ 27-1410 Administration and Enforcement.
[Ord. 588, 4/12/1995, § 1409; as added by Ord. 728, 12/10/2014, § 10]
1.
Permits, Procedure and Review by the Code Enforcement Officer. Except for exempt signs or unless otherwise specified in this Part, no sign shall be erected, repaired or replaced in the Borough until a permit for such sign has been obtained in the following manner.
A.
An application in writing shall be made to the Code Enforcement Officer by the sign maker or installer.
B.
The application submitted to the Code Enforcement Officer shall give the full particulars regarding size, shape, material and supports of the sign as well as a plan showing the location of the sign on the building or lot, the distance from the curbline and the height of the sign. The application shall be sufficiently specific to enable the Code Enforcement Officer to determine if the sign complies with this Part as well as other local regulation relating to signs.
C.
If the person submitting the application is not the owner of the property, the written consent of the owner of the property on which the sign is located shall accompany the application.
D.
In the case of multi-tenant buildings applications for signs shall be submitted by the owner.
E.
All permanent signs must be designed by a recognized sign company.
2.
Except for exempt signs, whenever any sign is replaced by another sign, enlarged in any manner or altered, dismantled or damaged or otherwise destroyed to the extent of more than 50% of its value, a permit shall be required as provided in this section before the sign is replaced, enlarged, altered or replaced. However, no permit shall be required for additions, deletions or other changes in the names of practitioners on signs relating to professional or office uses.
3.
Permit Fees. All applications for permits filed with the Code Enforcement Officer shall be accompanied by a permit fee according to a schedule of fees as established by Borough Council. The permit fees may be amended as need, from time to time, by resolution.
4.
Inspections. Any person installing, altering or relocating a sign for which a permit has been issued shall notify the Code Enforcement Officer upon completion of the work. The Code Enforcement Officer may require a final inspection, including an electrical inspection and inspection of the footings of freestanding signs.
5.
Violations.
A.
When, in the opinion of the Code Enforcement Officer, there exists a violation of this Part, the Code Enforcement Officer shall issue a written order to the alleged violator. Such order shall specify those sections of this Part of which the individual may be in violation and shall indicate that the violator shall correct such violation within 30 days from the date of the order.
B.
If, upon inspection, the Code Enforcement Officer finds that the sign is abandoned or structurally, materially or electronically defective, or in any way endangers the public, he shall issue a written order to the owner of the sign and the occupant of the premises stating the nature of the violation and require the owner and occupant to repair or remove the sign within seven days of the date of the order.
C.
In cases of emergency the Code Enforcement Officer may, without notice, cause the immediate removal of a dangerous or defective sign. Signs removed in this manner must present a hazard to the public health, welfare and safety.
6.
Appeal from Sign Permit Denial. An applicant whose application for a sign permit has been denied by the Code Enforcement Officer may appeal such decision to the Zoning Hearing Board for a variance. Such appeal must be filed with the Borough not later than 30 days after notice of denial.
7.
Penalties for violations of the Part may be imposed in accordance with § 27-1603 of this chapter.
8.
Liability for Damages. The provisions of this chapter shall not be construed to relieve or to limit in any way the responsibility or liability of any person, firm or corporation which erects or owns a sign for personal injury or property damage caused by the sign, and the provisions of this chapter shall not be construed to impose upon the Borough, its officers or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this chapter.
