Myerstown City Zoning Code
PART 12
SIGNS
§ 27-1201 Purposes and Applicability.
[Ord. 841, 5/22/2017]
1.
Purposes. This Part is intended to: promote and maintain overall community aesthetic quality; establish reasonable time, place and manner of regulations for the exercise of free speech, without regulating content (excepting obscenity that is prohibited by State law or language that incites violence); promote traffic safety by avoiding distractions and sight distance obstructions; and protect property values and ensure compatibility with the character of neighboring uses.
2.
Permit Required. A zoning permit shall be required for all signs except for: a) signs meeting the requirements of Section 27-1203 , and b) non-illuminated window signs. Only types, sizes and heights of signs that are specifically permitted by this Part within the applicable District shall be allowed.
3.
Changes on Signs. Any lawfully existing sign (including non-conforming signs) may be painted or repaired or changed in logo or message or replaced with a new sign face without needing a zoning permit, provided that the changes do not increase the sign area or height or otherwise result in noncompliance or an increased non-conformity with this Ordinance. See also Section 27-1212 concerning non-conforming signs. A change to a digital sign shall need a zoning permit.
4.
Fees. Through a resolution by Borough Council, the Borough may establish permit fees and license fees for various types of signs.
§ 27-1202 Sign Definitions.
§ 27-1203 Miscellaneous Signs Not Requiring Permits.
[Ord. 841, 5/22/2017]
The following signs shall be permitted by right within all Zoning Districts within the following regulations, and shall not be required to have a permit under this Part.
TYPE AND DEFINITION OF SIGNS NOT REQUIRING PERMITS | MAX. NO. OF SIGNS PER LOT | MAX. SIGN AREA PER SIGN * ON A "RESIDENTIAL LOT" ** (sf) | MAX. SIGN AREA PER SIGN * ON "NON- RESIDENTIAL LOTS"** (sf) | OTHER REQUIREMENTS |
|---|---|---|---|---|
Agricultural Sales or Christmas Tree Sign - Advertises the seasonal sale of agricultural products or Christmas trees. | 2 | Total of 12 sf per lot. | Total of 50 sf per lot. | Shall only be posted while such products are actively offered for sale. |
Charitable Event Sign - Advertises a special event held a maximum of nine days in any calendar year that primarily is held to benefit a legitimate tax-exempt nonprofit organization, place of worship, school, or charity. | 2 | Total of 12 sf per lot. | Total of 50 sf per lot. | Shall be placed a max. of 30 days prior to event and removed a max. of seven days after event. |
Contractor's Sign - Advertises a building tradesperson, engineer or architect who is actively conducting significant work on a particular lot that is not such person's place of business, or a bank or agency that is financing an on-site construction project. | 1 per contractor | 12 per sign | 20 per sign (Or one sign of 60 square feet maximum may be used if the sign is shared by multiple entities). | Shall only be permitted while such work is actively and clearly underway and a max. of 30 days afterward. Shall not be illuminated. |
Directional Sign - provides information indicating traffic direction, entry or exit, loading or service area, directions to apartment numbers or parking courts in a development, fire lanes, parking or closely similar information regarding the same lot as the sign is on, and that does not include advertising. | No max. | 4, in addition to signs painted on pavement | 4, in addition to signs painted on pavement | Directional signs within a residential development shall not be internally illuminated. See also subsection 1.D. below concerning signs not readable from a lot line or street. |
Flag - a pennant made of fabric or materials with a similar appearance that is hung in such a way to flow in the wind. See also "Special Sale Signs" below. | 1 | Total of 12 sf per lot. | Total of 50 sf per lot. | Flags of governments and flags that simply include colors, or non-commercial art or patterns are not regulated by this Ordinance. |
Garage Sale Sign - advertises an occasional garage sale/porch sale or auction. | 2 per event | 2 sf per sign | 2 sf per sign | Shall be placed no more than three days before the event, and be removed within 24 hours after the event. Shall not be attached to trees or utility poles with metal fasteners. |
Home Occupation and Accessory Day Care Sign - advertises a permitted home occupation or an accessory day care use. | 1 | 2 | 8 | Shall not be illuminated. Maximum total height of 8 feet above the ground. |
Identification Sign - only identifies the name and/or occupation of the resident and/or the name, street address and/or use of a lot, but that does not include advertising. | 1 | 2 | 8 | Maximum total height of 8 feet above the ground. |
Open House Sign - advertises the temporary and periodic open house of a property for sale or rent. | 2 per event | Total maximum of 12 sf per lot. | Total maximum of 50 sf per lot. | Shall be placed max. of five days before open house begins, and be removed max. of 24 hrs. after open house ends. Such sign shall not be posted more than six consecutive days. |
Political/Issue Sign - advertises a person or party seeking political office or an opinion on a referendum, political cause or matter of public concern. Political signs shall not be posted on public parks or property owned by the Borough or on a public street right-of-way, except as may be allowed on election day outside of a polling location. | Maximum of 2 sign faces per issue or candidate per lot | Total maximum of 12 s.f. per issue or candidate per lot. | Total maximum of 50 s.f. per issue or candidate per lot. | Shall be removed a max. of seven days after an election, vote or referendum if the sign pertains to such a matter. Political signs shall not be placed on property without the prior consent of the owner. If a political sign does not meet these requirements, then it shall be regulated as an "off-premises sign." |
Public Services Sign - advertises the availability of restrooms, telephone or other similar public convenience. | No max. | 2 | 2 | |
Real Estate Sign - advertises the availability of property on which the sign is located for sale, rent or lease. | 1 per street the lot abuts | 12 | 50 | Shall only be placed on the property while it is actively for sale, lease or rent, and shall be removed a max. of 14 days after settlement or start of lease. |
Service Organization/Place of Worship Sign - an off-premises sign stating name of a recognized incorporated service organization or place of worship and that may include information on times and dates of activities. | 2 | 12 | 50 | Maximum of 2 such signs per such organization or place of worship. |
Special Sale Signs - temporary banners, flags and other signs that advertise a special sales event at a lawful principal commercial business. A Portable Sign may be used under this provision. | 5 per non-residential lot | Not permitted | Total of 50 sq. ft. for all such banners, flags and other temporary signs. | Shall be displayed a maximum total of 30 days per year (such as six times of five days each). Such signs shall not flash, be internally illuminated, or obstruct safe sight distances. |
Time and Temperature Sign - with a sole purpose to announce the current time and temperature, and which may also include any non-profit public service messages. | 1 | Not permitted | 50 | The sign shall not flash. |
Trespassing Sign - indicating that a road is private, that trespassing is prohibited on a lot, or controlling certain activities such as hunting and fishing on the lot. | No max. | 2 | 4 |
Notes: |
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"sf" = Square feet. "Max." = Maximum. |
* Maximum sign areas are for each of 2 sides of each permitted sign, measured in square feet. |
** For the purposes of this Section, a "Non-Residential Lot" shall mean a lot that is occupied by a principal non-residential use or that is within a Commercial or Industrial Zoning District. All other lots shall be considered to be "Residential Lots." |
1.
In addition, the following types of signs are not regulated by this Ordinance:
B.
Historic Sign - sign that memorializes an important historic place, event or person and that is specifically authorized by the Borough or a County, State or Federal agency.
C.
Holiday Decorations - signs and displays that commemorate a holiday recognized by the Borough, County, State or Federal Government or an individual's own religious holiday, that do not include advertising, and that are posted a maximum total of 90 days per calendar year.
D.
Not Readable Sign - sign that is not readable from any public street or any exterior lot line.
E.
Official Sign - sign erected by the State, County, Borough or other legally constituted governmental body, or specifically authorized by Borough ordinance, motion or resolution, and which exists for public purposes.
F.
Required Sign - sign that only includes information required to be posted outdoors by a government agency or the Borough.
G.
Right-of-Way Sign - sign posted within the existing right-of-way of a public street and officially authorized by the Borough, the County or PennDOT, including but not limited to, decorative banners hung from street lights that are authorized by the Borough.
§ 27-1204 Freestanding, Wall and Window Signs (On-Premises Signs).
[Ord. 841, 5/22/2017]
1.
The following are the on-premises signs permitted on a lot within the specified Districts and within the following regulations, in addition to other signs specifically allowed by this Part. See definitions of the types of signs in Part 15.
ZONING DISTRICT OR TYPE OF USE | TOTAL MAXIMUM HEIGHT OF FREE STANDING SIGNS | TOTAL MAXIMUM AREA OF WALL SIGNS | TOTAL MAXIMUM AREA OF WINDOW SIGNS | TOTAL MAXIMUM AREA AND NUMBER OF FREESTANDING SIGNS |
|---|---|---|---|---|
A. CN, LDR and OT Districts: with signs in this table limited to allowed principal non-residential uses (such as Places of Worship). For home occupation signs, see Section 27-1203. | 8 feet | 40 square feet on each side of a principal building for a school or place of worship; 10 square feet on each side of a principal building for other non-residential principal uses. | Temporary non-illuminated window signs are not regulated. Other window signs shall be considered wall signs. | 1 sign on each street the lot abuts, each with a maximum sign area of 40 sq. ft. for a school or place of worship; 10 square feet per street frontage for other non-residential principal uses. See also entrance signs for major residential developments in Subsection 5. below. |
B. GB, LI and GI Districts: for principal non-residential uses. | 20 feet | 2 square feet of sign area for each linear feet of building length, on the building side on which such signs are attached. | Temporary non-illuminated window signs are not regulated. Other window signs shall be considered wall signs. | 1 sign per street that the lot abuts, each with a maximum area of 60 sq. ft. See note * below for multiple uses. A retail gas station shall be allowed an additional 30 sq. ft. of sign area. For drive-thrus, see note**. |
C. CF, TC, TMN and any other Districts: for principal non-residential uses. | 15 feet, except 8 feet in TMN. | 2 square feet of sign area for each linear feet of building length on the building side on which such signs are attached. Projecting Sign - An additional sign with a maximum sign area of 16 square feet on each of 2 sides may: a) project perpendicular to a building, and b) may also project over part of a sidewalk if it complies with the applicable requirements of the Construction Code, including minimum clearance above the sidewalk. | Temporary non-illuminated window signs are not regulated. Other window signs shall be considered wall signs. | 1 sign per street that the lot abuts, each with a maximum area of 40 sf, except 16 ft. in TMN. See note * below for multiple uses. Sandwich Board Sign - One additional 10 square feet per side portable folding sign is allowed per lot in a location that does not obstruct five feet of width for pedestrian & wheelchair access, and which is kept inside when the business is not open. |
Notes: |
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* If a lot includes 2 or more distinct principal non-residential uses, the maximum freestanding sign area may be increased by 10 square feet for each principal non-residential use beyond the first non-residential use. For example, in the TC District, if a lot includes 3 such uses, the maximum freestanding sign area shall be 40 plus 20 equals 60 square feet. |
** An allowed restaurant drive-through use may also include 2 menu boards with a maximum height of 10 feet and a maximum sign area of 60 square feet per side, provided the signs are not designed to be readable from beyond the property line. |
2.
Examples of Sign Types
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The sign to the right is an example of a projecting sign that is attached to a building.
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The sign to the right is an example of a sandwich board sign that is placed on a sidewalk.
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The sign to the right is an example of a freestanding sign that is not internally illuminated.
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The sign to the right is an example of a freestanding sign that is internally illuminated.
3.
Maximum Height of Wall Signs. The maximum height of wall signs shall be equal to the top of the roof along the wall to which they are attached. However, sign may be attached to a "parapet roof" that vertically extends up to 10 feet above the structural roof, provided the parapet roof appears to be an architectural extension of the building.
4.
Portable Signs (Including "Signs on Mobile Stands") and Other Temporary Signs.
A.
Purpose. These standards recognize portable signs as a particular type of sign that has the characteristics of a temporary sign but that has been inappropriately used as a permanent sign. This Section is based on the policy that if a use desires to regularly display a sign for regularly changing messages, that it erect a permanent sign within all of the requirements of this Ordinance.
B.
Portable signs are prohibited in all Districts, except as a temporary Charitable Event sign permitted by Section 27-1203.
 |
The sign to the right is an example of a prohibited portable sign.
C.
Businesses are encouraged to provide an area on a permanent sign that displays changeable messages, as opposed to using a separate sign for such purpose.
5.
Signs on Freestanding Walls. An allowed freestanding sign face may be attached to a decorative masonry or stone wall with a maximum height of six feet and a maximum length of 12 feet, without being regulated by the wall setback regulations of this Ordinance and without the entire wall counting as sign area. Such walls may be placed in a yard, provided they do not obstruct safe sight distances.
6.
Major Development Sign. One two-sided sign or two one-sided signs shall be allowed at up to two exterior street entrances to a subdivision or land development of 20 or more dwelling units or more than five principal business uses. Such sign area shall be a maximum of 40 square feet and may be attached to a wall that meets Section 27-1204.4. If a development includes five to 19 dwelling units, a similar sign with a maximum of 16 square feet shall be allowed. Such signs shall not be illuminated, and shall have a maximum total height of 10 feet above the ground.
 |
The sign to the right is an example of a Major Development Sign that is not illuminated.
7.
Landscaping Around a New Freestanding Sign. When a new freestanding sign is proposed with a sign area of 20 square feet or greater, other than a replacement of an existing sign, a landscaped area shall be provided around the sign. Such landscaped area shall be equal or greater in length than the horizontal length of the sign, and shall have a minimum width of five feet. Such landscaped area shall be comprised of vegetative ground cover, which may include shrubs, and it may be crossed by a sidewalk. Curbing or a similar barrier should be used as needed to prevent vehicles from hitting the sign.
§ 27-1205 Prohibited Signs and Digital Sign Limits.
[Ord. 841, 5/22/2017]
1.
The following prohibitions on signs shall apply in all Zoning Districts:
A.
Any moving object used to attract attention to a commercial use is prohibited. However, certain flags and banners may be allowed as provided in Section 27-1203.
B.
Flashing, blinking, twinkling, animated, scrolling, rotating or moving signs of any type are prohibited. A sign shall not display electronically moving images.
C.
Signs which emit smoke, visible vapors or particles, sound or odor are prohibited.
D.
Signs which contain information that states that a lot may be used for a purpose not permitted under this Ordinance are prohibited.
E.
Signs that are of such form, shape or color that they resemble an official traffic control sign, signal or device or that have any characteristics which are likely to confuse or distract the operator of a motor vehicle on a public street (such as prominent use of the words "Danger") are prohibited.
F.
Signs or displays visible from a lot line that include words or images that are obscene or pornographic are prohibited.
G.
Balloons of greater than 50 cubic feet that are tethered to the ground or a structure for periods of over a day and that are primarily intended for advertising purposes are prohibited.
H.
Floodlights and outdoor lasers for advertising purposes are prohibited.
2.
Digital Signs. Signs may change their message from time to time provided that each message is visible for a minimum of eight seconds, except as follows: a) time and temperature signs may change more frequently, and b) if there is an electronically changing sign area of greater than 50 square feet, the sign shall not change its message more frequently than once every 20 seconds. This provision on sign timing shall not regulate signs that are not readable from a public street and that are not readable from any dwelling.
§ 27-1206 Off-Premise Signs (Including Billboards).
[Ord. 841, 5/22/2017]
1.
Purposes. Off-premise signs are controlled by this Ordinance for the following purposes, to: ensure that a physical environment is maintained that is attractive to desirable types of development; prevent visual pollution in the Borough and protect property values, especially in consideration of the fact that most commercial areas of the Borough are within close proximity to existing residences; prevent glare on adjacent property and streets; avoid the creation of additional visual distractions to motorists, especially along busy arterial streets that involve complex turning movements and numerous traffic hazards; recognize the numerous alternative forms of free speech available in the Borough, including existing nonconforming off-premise signs, on-premise signs and temporary signs and printed and electronic media; carry out the purposes listed in Section 27-1201.
2.
Nonconforming Off-Premise Signs. This section is not intended to require the removal of an existing lawfully-placed off-premise sign that is in structurally sound condition.
3.
Official Signs. Signs erected and maintained by PennDOT or the Myerstown are permitted by right in all Districts. Such signs may include official directional signs to destinations.
4.
Permitted Off-Premise Signs. Except for other types of signs that are specifically allowed by this Section to be off-premises, an off-premise sign is only permitted if it meets the following requirements:
A.
District. An off-premise sign is only permitted in the GB District.
B.
Location. An off-premise sign shall be setback a minimum of 25 feet from all lot lines and street rights-of-way.
C.
Maximum Total Sign Area, on Each of Two Sides. 300 square feet. The two sides shall be arranged so that only one side is readable at one time.
D.
Spacing. Any off-premise sign of more than 50 square feet of sign area shall be separated by a minimum of 500 feet from any other off-premise sign with a sign area greater than 50 square feet, including signs on either side of a street and including existing signs in other municipalities.
E.
Maximum Height. Forty feet above the elevation of the street or highway that the sign face is directed towards, measured at the street centerline. The bottom of such sign shall be elevated a minimum of 10 feet above the ground and be designed to be resistant to climbing by unauthorized persons.
F.
Control of Lighting and Glare. See Sections 27-1007.20 and 27-1205.2. Lights shall be directed so they do not shine into the eyes of motorists nor residents of homes. Lighting shall be directed downwards towards the sign area and shall be turned off between the hours of midnight and 6:00 a.m.
G.
Setbacks. No off-premise sign greater than 50 square feet in sign area shall be located within 200 feet from the lot line of an existing principal dwelling.
H.
Condition. The sign shall be maintained in a good and safe condition, particularly to avoid hazards in high winds. The area around the sign shall be kept free of debris. If the message of a sign is no longer intact, it shall be replaced with a solid color or a "for lease" sign.
I.
This Ordinance shall not regulate the placement of "Tourist Oriented Directional Signs," provided the signs are posted along a public street right-of-way in a manner allowed under PennDOT regulations for such signs or that are approved by the Borough along a Borough street. (Note - These are typically blue signs that direct motorists to various major destinations.)
§ 27-1207 General Design, Location and Construction of Signs.
[Ord. 841, 5/22/2017]
1.
2.
Sight Clearance. No sign shall be located in a way that interferes with the sight clearance requirements of Section 27-1303 .
3.
Off-Premises. No signs except permitted Off-Premise, Official, Political or Public Service Signs shall be erected on a property to which it does not relate.
4.
Permission of Owner. No sign shall be posted on any property unless permission has been received by the owner or entity leasing the property.
5.
Signs on Trees, Utility Poles & Street Signs. No sign shall be attached to a utility pole or street sign post, except by a utility or government agency. A sign shall not be attached to a tree, except allowed temporary signs may be attached with string.
6.
Construction of Signs. Every sign permitted in this section (other than temporary and window signs) shall be constructed of durable materials and shall be kept in good condition and repair. The Zoning Officer shall by written notice require a property owner or lessee to repair or remove a dilapidated or unsafe sign within a specified period of time. If such order is not complied with, the Borough may repair or remove such sign at the expense of such owner or lessee.
7.
Wiring of Signs. Signs shall be prohibited that involve electrical cords lying across parking lots, driveways or sidewalks, except for temporary Christmas season lighting.
8.
Banners and Overhanging Signs. Borough Council may approve the hanging of decorative banners within the street right-of-way (such as from utility poles or street lights) and may approve a sign overhanging across a street to advertise a community event or festival. One approval may cover multiple years for an event that is held annually. Approval from PennDOT may also be needed if a State road is involved.
§ 27-1208 Vehicles Functioning As Signs.
[Ord. 841, 5/22/2017]
Any vehicle, trailer or structure to which a sign is affixed in such a manner that the carrying of such sign(s) no longer is incidental to the primary purpose of the vehicle, trailer or structure but instead becomes a primary purpose in itself shall be considered a freestanding sign and shall be subject to all of the requirements for freestanding signs in the District in which such vehicle, trailer or structure is located.
§ 27-1209 Abandoned or Outdated Signs.
[Ord. 841, 5/22/2017]
Signs advertising a use no longer in existence (other than a sign relating to a building that is clearly temporarily vacant and being offered to new tenants or for purchase) shall be removed within 180 days of the cessation of such use.
§ 27-1210 Measurement of Sign Area.
[Ord. 841, 5/22/2017]
1.
Sign area shall include all lettering, wording and accompanying designs and symbols, together with related background areas on which they are displayed. One "freestanding sign" may include several signs that are all attached to one structure, with the total "sign area" being the combined area of all signs on that side of the sign.
2.
The sign area shall not include any structural support poles or monument-style areas below the sign message.
3.
Where the sign consists of individual letters or symbols attached to or painted directly on a building or window, other than an illuminated background that is a part of the sign, the sign area shall be the smallest one or two rectangle(s) or triangle(s) that includes all of the letters and symbols.
4.
The maximum sign area of sign shall be for each of two sides of a sign, provided that only one side of a sign is readable from any location.
5.
Unless otherwise specified, all square footages in regards to signs are maximum sizes.
§ 27-1211 Illumination of Signs.
[Ord. 841, 5/22/2017]
See "Light and Glare Control" in Section 27-1007.
§ 27-1212 Nonconforming Signs.
[Ord. 841, 5/22/2017]
1.
Signs legally existing at the time of enactment of this Ordinance and which do not conform to the requirements of the Ordinance shall be considered nonconforming signs.
2.
An existing lawful non-conforming sign that was lawful when it was initially placed may be replaced with a new sign, provided the new sign is not more nonconforming in any manner than the previous sign. A non-conforming sign shall not be expanded in a manner that does not conform to this Ordinance.