Nether Providence Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
Signs and Billboards
§ 300-116 Purpose.
The purpose of this article is to promote and protect the public health, safety and welfare by regulating proposed and existing outdoor advertising signs/devices, including billboards. It is also intended to maintain or create a more attractive economic and business climate, curb the deterioration of natural beauty and community environment, enhance and protect the physical appearance of the Township and maintain the scenic character of the community, thereby protecting and enhancing property values. This article is further intended to reduce sign or advertising distractions that may contribute to traffic accidents and reduce hazards caused by billboards/outdoor advertising devices.
§ 300-116.1 Definitions.
As used in this article, the following terms shall have the meanings ascribed to them therein:
A billboard which has carried no message for more than 90 days or which no longer identifies a bona fide business, lessor, product, service, activity, event or message and/or for which no legal owner can be found after public notice or a billboard or billboard structure which does not have an advertising or other message on its display face or the majority of the message has deteriorated to the condition that it is not clearly discernible.
A sign or any device designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
A graphic or sign which has its letters or design applied to cloth, canvas or other flexible material which is durable and weather-resistant.
A sign that directs attention to a business, commodity, service, entertainment or noncommercial event conducted, sold or offered at a location other than the premises on which the sign is located. Billboards do not include on-premises commercial or temporary off-premises commercial or noncommercial signs placed in residential lawns by or with the consent of residents, owners, occupants, contractors, realtors or by other principals or agents. Each substantially different face of a billboard shall constitute a separate billboard.
ATTACHED BILLBOARDA billboard fastened to the front or face of a building
BACK-TO-BACK BILLBOARDA structure with two parallel and directly opposite billboards with their faces oriented in opposite directions located not more than three feet apart.
GROUND BILLBOARDA billboard supported by one or more uprights upon the ground with or without braces and not attached to a building or structure.
The framework, supports, display face(s) and electrical components of the billboard.
A billboard without moving parts whose content may be changed by electronic process through the use of intermittent light or lights, including light-emitting diodes (LED), liquid crystal display, and plasma image display.
An informational sign indicating entry or exit, loading or service area, fire lanes, parking, no trespassing or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
To install, construct, place, relocate, enlarge substantially, alter, attach, suspend, paint, post or display a sign. Normal maintenance and repair, including refinishing of a conforming sign, is not included in this definition.
The area of one side of a building or portion of a building from the curb level to the bottom edge of any second-story window or the upper edge of a roof or parapet line.
A word; abbreviation; initial; number or group of numbers up to 10 in a row, including a telephone number, a trademark, logo, symbol, illustration or distinct shape or element. A legal or fictitious name shall count as one word.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property on which the sign is located. An advertising sign shall include a commercial billboard.
An accessory sign which directs attention to a business, profession, industry or similar activity conducted upon the property on which the sign is located.
§ 300-116.2 General sign and billboard regulations.
A.
The Township Manager is authorized to prepare and utilize such forms and application as may be required for carrying out the provisions of this section pertaining to signs and billboards.
B.
All signs and billboards must comply with all applicable federal, state and local laws and regulations.
C.
Flashing, animated or moving signs and billboards shall not be permitted in any district.
D.
All signs and billboards shall be constructed of durable material and kept in good condition and repair.
E.
Signs and billboards lawfully existing at the time of the passage of this article which do not conform to the requirements of this article shall be considered nonconforming signs and billboards and once removed shall be replaced only with conforming signs and billboards; provided, however, that nonconforming signs may be repainted or repaired, provided that such repainting or repair does not exceed the dimensions of the existing sign: and further provided that all such nonconforming signs and billboards shall be removed within 10 years of the adoption of this article.
F.
No signs or billboards, except those specifically permitted by PennDOT (Pennsylvania Department of Transportation) or other governmental body, including traffic signs and similar regulatory notices, shall be allowed within street rights-of-way.
G.
Any vehicle to which a sign is affixed in such a conspicuous manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a sign and as such be subject to the provisions regarding signs in the district in which such vehicle is located.
H.
A sign or billboard that is not expressly permitted in any given zoning district is prohibited by this section.
I.
All signs and billboards must comply with all applicable federal and state regulations concerning permissible wind pressure pounds per square foot for both solid and open signs.
J.
Any sign that is located on property which becomes vacant and is unoccupied for a period of three months or more or any sign which pertains to a time, event or purpose which no longer applies or has expired shall be deemed to have been abandoned and shall be removed by the owner of the sign or the owner of the premises. The sign may be removed by the Township and the cost of the removal shall be reimbursed to the Township by the owner of the sign or the owner of the premises, and the cost of the removal shall be reimbursed to the Township by the owner of the sign or the owner of the premises.
K.
No person shall permit a dangerous or defective sign or billboard to remain on any premises owned or controlled by him as set forth in these regulations. If said sign or billboard is not made safe by repair or removal, the Township may remove it and the cost of the removal shall be reimbursed to the Township by the owner of the sign or the owner of the premises.
L.
The Code Enforcement Officer shall cause to be removed any sign which endangers public safety, such as an abandoned, dangerous or structurally defective sign or a sign for which no permit has been issued. Said Code Enforcement Officer shall enforce the provision of this section in accordance with § 300-137 of the Code. Notwithstanding the above, in cases of an emergency, the Code Enforcement Officer may cause the immediate removal of a dangerous or defective sign. The cost of the removal shall be reimbursed to the Township by the owner of the sign or the owner of the premises.
M.
Illuminated signs, either internally lit and/or externally lit, are permitted in any residential districts, provided that:
N.
Freestanding roof signs are prohibited, and freestanding ground signs may not exceed 10 feet in height. Said ground signs must be located a minimum of 20 feet from street rights-of-way.
O.
In the event that the location of a sign creates sight-view problems, then there must be a minimum of seven feet of clearance between the ground and lowest portion of the face of any sign except those permitted in any residential district.
P.
No sign shall be permitted that is deemed to constitute a hazard of any kind, or that obscures light or air from a building, prevents ingress or egress from any window or exit or interferes or obstructs the view of motorists or pedestrians.
Q.
Signs may not be attached to utility poles or trees.
R.
Ordinary traffic and parking control signs shall be permitted as authorized by the Board of Commissioners.
S.
No directional, identifying or other type sign for a family day-care home shall be permitted.
§ 300-116.3 Signs in residential districts.
In R-1, R-2, R-3, R-3(a), R-3(b), R-4 and R-5 Residential Districts, the following signs may be maintained:
A.
One sign advertising the sale or rental of the premises upon which it is erected, when erected by a broker or other person interested in the sale or rental of such premises, may be erected and maintained, provided that the size of any such sign is not in excess of 12 square feet. Where such property fronts upon more than one street, two such signs may be erected, one on each frontage.
B.
One sign advertising the sale or development of the premises upon which it is erected, when erected in connection with the development of the premises by a builder, contractor, developer or other person interested therein, may be erected and maintained, provided that the size of any such sign is not in excess of 25 square feet. Where such property fronts upon more than one street, two such signs may be erected, one on each frontage.
C.
Signs indicating the location and direction of premises available for or in the process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent may be erected and maintained, provided that the size of any sign is not in excess of six square feet nor four feet in length, not more than one such sign is erected on each 500 feet of street frontage and not more than four such signs are erected in connection with any one development.
D.
Signs bearing the word "sold" or "rented," with the name of the person effecting the sale or rental, may be erected and maintained, provided that the conditions specified in Subsection (c) hereof are complied with.
E.
One sign for each mechanic, painter and other artisan may be erected and maintained during the period such persons are performing work on the premises, or for a maximum period of four months, which ever period is less, provided that the size thereof is not in excess of four square feet and any such signs are removed promptly upon completion of the work being performed or within four months after erecting any such sign, whichever time period is less.
F.
Signs of schools, colleges, churches, hospitals, sanitariums or institutions of similar nature, relating exclusively to the institutions erecting the same, may be erected and maintained, provided that the size of any such sign is not in excess of 25 square feet and not more than one sign is placed on a property in single or separate ownership, unless such property fronts upon more than one street, in which event not more than two such signs may be erected, one on each frontage.
G.
No permit will be required for the erection, alteration or maintenance of any signs permitted in any residential district (except as to any nonconforming uses existing therein).
H.
There are no setback requirements for signs whose area does not exceed two square feet, except that no sign is permitted in any street right-of-way.
I.
Real estate signs or bulletin boards for a church, school or other public or semipublic religious or educational institution, as permitted herein, may be erected within 10 feet of the right-of-way of any street or highway, provided that such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
§ 300-116.4 Billboard and sign permits; fees; additional requirements.
It shall be unlawful to erect, construct or alter any sign or billboard (except those signs permitted in the residential district) without first having filed an application with the Township, in writing, and obtaining a sign or billboard permit from the Township. Said application will be submitted to the Code Enforcement Officer on a form as prescribed by the Township.
A.
Plans.
(1)
The dimensions of the sign or billboard and, where applicable, the dimensions of the wall surface of the building to which it is to be attached.
(2)
The dimensions of the sign or billboard supporting numbers and the maximum and minimum height of the signs or billboards.
(3)
The proposed location of the sign in relation to the face of the building in front of which it is to be erected.
(4)
The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated.
(5)
Where the sign is to be attached to an existing building, a current photograph of the face of the building to which the sign is to be attached.
(6)
A description of the construction details, materials of the sign structure, type of lettering and the intensity and type of lighting to be provided.
(7)
A written statement showing the name of the owner of the sign, address, telephone number and the name of the person in control of the building or premises where such sign is to be located. The name of the sign contractor or erector is also required.
(8)
The owner of any billboard shall provide the Township with a certificate of insurance issued by a qualified and licensed insurance company naming the Township as an additional insured against all claims in the face amount of $250,000 for property damage and personal injury connected with said sign. The amount of the deductible pertaining to the Township shall not exceed $2,500.
(9)
A statement of valuation as to cost of construction.
(10)
Whenever a proposed sign or billboard is included in the presentation of a new or amended site plan application, the sign permit application shall be reviewed and approved by the Planning Commission prior to the issuance of a sign permit by the Code Enforcement Officer.
B.
Fees. The Township Board of Commissioners may, by resolution, establish reasonable fees for permit applications and inspection, the cost of which shall be in direct correlation with the costs incurred by the Township in connection with such permit and be issued without the application and payment of the permit fee as well as the payment of the first year's inspection fee. If an approved sign or billboard is not erected within 90 days of the issuance of the permit, the permit shall expire.
§ 300-116.5 Billboards.
Billboards, as defined herein, are permitted in the Industrial Districts, Open Space Preservation Districts and any parcel that is municipally owned regardless of the zoning district in which a municipally owned parcel is located, provided that they are located a minimum of 50 feet from the boundary one of any residential district. Billboards are not permitted on sewer rights-of-way, including water, electric, gas or petroleum pipelines, floodplain areas or within 500 feet of a bridge crossing.
A.
Location.
(1)
The minimum front, side and rear yard requirements applying to a principal use as designated within an industrial district shall apply to each structure. The maximum lot coverage as specified within the Zoning Ordinance shall apply to any lot upon which a billboard structure is located and shall include any other structure or buildings on the same lot therewith. If the district in which the billboard is located abuts a residential district, the minimum setback for that residential district shall apply.
(2)
No billboard shall be erected in such a manner as to block the view from the road or street of any existing business sign, logo sign, residential or nonresidential structure or limit or reduce the lighting and ventilation requirements under the Township Building Code.[1]
(3)
Ground billboards shall be set back to the required distance for building located within said zoning district or a distance of not less than the minimum setback of adjoining properties or 25 feet, whichever is the greatest. All newly constructed ground billboards shall be of the single-pole design, and attached billboards shall be only the front or face of a building and must be constructed and maintained flat or parallel with the building wall to which they are attached and shall not extend more than 12 inches from such exterior building wall.
B.
Size and height.
(1)
A billboard shall have a maximum allowable gross surface area of 240 square feet per sign face. A billboard shall have a maximum of two sign faces per billboard structure, and the gross surface area of each sign face shall not exceed the two-hundred-and-forty-square-foot maximum, provided that the billboard structure sign faces are placed back-to-back.
(2)
No billboard's gross surface area shall exceed 20 feet in total height or 50 feet in total length.
(3)
A billboard structure shall have a maximum height above the curb or a roadway, from which it is intended to be viewed, of 35 feet; provided, however, that the height of a billboard structure oriented to a depressed roadway shall be measured from the grade at the base of the billboard.
(4)
No billboard sign shall be more than 25 feet average to the bottom of the sign above the ground level immediately below and shall not in any way interfere with normal pedestrian or vehicular traffic.
C.
Construction methods. Billboards shall be constructed in accordance with the applicable provision of all Township codes. In addition:
(1)
A billboard structure shall have a minimum of one vertical support being a minimum of 48 inches in diameter, with one-half-inch wall or width and without bracing or vertical supports.
(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.
(3)
One vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum sixty-mile-per-hour wind load.
(4)
The entire base of the billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of six feet placed in such a manner as to screen the foundation of the structure. A landscaping plan shall be submitted for review and approval by the Code Enforcement Officer. 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 billboard 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)
A billboard shall not be illuminated by artificial lighting.
(7)
No billboard structure, sign face or display lighting shall move, flash or emit noise. No display shall cause distraction, confusion, nuisance or hazard to traffic, aircraft or other properties.
(8)
No billboard 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.
(9)
Billboards shall maintain a lateral minimum spacing of 2,500 feet between billboard structures, measured in all directions.
(10)
Billboards may not be mounted on a roof, wall or face or other part of a building or any other structure, including trees.
D.
Maintenance requirements.
(1)
The billboard structure shall be entirely repainted every three years.
(2)
Every five 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 Township 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 Township 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 proper notification by the Township.
(4)
Billboards using removable paper or other materials shall be maintained in such a condition as to eliminate loose or frayed material protruding or hanging from the structure. The owner of such structure shall eliminate loose or frayed material within 15 days upon proper notification by the Township.
E.
Digital billboards may not utilize digital technology to produce changeable letters, figures, images or graphics.
F.
No billboards shall be permitted along designated scenic byways, in the scenic view district(s), waterfront district(s), historic district(s), tourist center district or in similar designated districts/areas/corridors.
G.
Any sign or billboard allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message.
H.
Abandonment:
(1)
A billboard or billboard structure which has been discontinued for a period of 90 consecutive days, regardless of any intent to resume or not to abandon, shall be presumed to be abandoned and shall constitute an illegal billboard or billboard structure and shall not be deemed to be a nonconforming billboard.
(2)
Any period of time for which such abandonment is proved to be caused by government actions, labor strikes, material shortages or acts of god, and without any contributing fault of the billboard owner or user, shall not be calculated toward the number of days for abandonment.
(3)
An abandoned billboard or billboard structure shall be removed at the billboard owner's expense. In the event that no billboard owner can be ascertained after the Township's reasonable inquiry, then the abandoned billboard or billboard structure shall be removed at the expense of the property owner of record of the site upon which the abandoned billboard or billboard structure is located.
§ 300-116.6 Disgorgement.
A.
Any person who derives revenue from one or more third parties from leasing space on any billboard or sign unlawfully maintained or illegally erected, enlarged or altered shall disgorge all profits from said billboard upon a judicial determination that such billboard was maintained and/or in violation of any provision of this article. The disgorgement shall include:
B.
The disgorgement of profits shall be remitted to Nether Providence Township and shall be used for beautification purposes including:
§ 300-116.7 Applicability of 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 Building Code, as amended. Whenever any conflict exists between this section and the ICC Code, the more restrictive provisions shall have precedence.