New Freedom City Zoning Code
ARTICLE VIII
Sign Regulations
§ 225-801 Statement of intent.
The purpose of this article is to promote and preserve the public health, general welfare, and safety of citizens of New Freedom Borough by regulating signs of all types. It is intended to protect property values; to create a more attractive community; to regulate the potentially deleterious impact of signs within the Borough; to ensure the compatibility of signs with adjacent and nearby land uses; to limit the aesthetic impact that a multitude of clustered signs has on the Borough and the surrounding community; and to reduce distractions and obstructions that may contribute to traffic accidents. In addition to the above, this article is an exercise of the Borough's zoning and police power in accordance with the following objectives:
A.
To control the size, location, and illumination of signs in the Borough in order to reduce hazards to pedestrian and vehicular traffic.
B.
To encourage signs which are well-designed and pleasing in appearance, and to provide latitude for variety, in order to enhance the economic value, promote local business interests, as well as the preservation and enhancement of the visual character of properties within the Borough.
C.
To establish standards designed to encourage signs that are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors, and legible in the circumstances in which they are seen; and to prohibit the erection of signs that do not meet these criteria.
D.
To establish requirements for compliant signage when a new occupant or use is proposed on a property.
E.
To prohibit the construction of and require the removal of signs that constitute a hazard or a blighting influence.
§ 225-802 Exempt signs.
The following signs are exempt from the permit requirements of this article since such signs are deemed not to create nuisance situations that would threaten the health, safety, or welfare of persons in the Borough. However, all owners of such signs must still comply with all applicable standards of this article, including the responsibility for maintenance of signs in good and safe repair.
A.
Governmental signs, being those established by duly constituted governmental authorities or bodies, including, but not limited to, traffic regulation signs, public notice signs and other signs required to be maintained or posted by law or government order, rule, or regulation.
B.
Traffic regulation signs in private parking lots.
C.
Signs indicating the prohibition or control of fishing, hunting, trespassing, etc.; or signs indicating the private nature of a road, provided the area of any such sign does not exceed four square feet. Such signs may be placed along property lines or road frontages at a maximum frequency of one sign every 75 feet.
D.
Signs with an area not exceeding one square foot, bearing the address or the names of the occupants of a residence with characters not exceeding four inches in height.
E.
Signs with an area not exceeding two square feet, bearing the address or the name of a home occupation with characters not exceeding four inches in height.
F.
Flags, except that flags larger than 40 square feet shall require a permit.
G.
Directional signs advertising the availability of restrooms, telephones, or similar public convenience, per § 225-804B(1)(a).
H.
One or more signs applied to a windowpane giving store hours or the name or names of credit or charge institutions, when the total area of any such sign or all signs together does not exceed two square feet.
I.
An identification sign, being defined as a sign which is 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 or contrast in color with the building and including historic structure identification signs not exceeding four square feet in area.
J.
Temporary yard sale or garage sale signs provided such signs do not exceed four square feet in area and shall be removed within 24 hours of the conclusion of such sale and limited to one sign per property.
K.
Signs advertising the meeting places and times of nonprofit service, governmental, religious, educational, and charitable organizations provided that they do not exceed 12 square feet in area and do not advertise any commercial establishment, activity, organization, product, goods or services. Such signs shall be limited to one per property.
L.
Address signs, not more than one for each nonresidential principal building or use on a premises, shall be Arabic numbers or alphabetical letters; numbers should not be spelled out. Each character shall be 12 inches maximum in height and displaying only the numerical address designation of the premises upon which they are maintained.
M.
Special event temporary signs, including portable signs and banners, that identify a parade, festival, fund drive or similar occasion, where such signs are of general benefit to the Borough residents or for public convenience, necessity, or welfare. Special event temporary signs shall be permitted for one period of 14 days and removed within two days of the date or conclusion of the applicable event. Such signs may not exceed 12 square feet in area and shall not be greater than eight feet in height. No more than four off-premises special event temporary directional signs may be placed within the Borough by any one establishment, and no more than one at any one intersection. No such sign may be erected, placed, installed, or maintained without the written permission of the owner of the real property involved.
N.
Temporary signs of contractors, architects, mechanics, and artisans placed on the property where the contracted work is occurring. These signs shall have an area no greater than 12 square feet in area and shall be removed upon completion of the project.
O.
Temporary real estate signs placed on the property to be sold, rented, or developed, limited to one sign per street frontage. Such signs shall be removed within five days after transactions are completed and shall be a maximum eight square feet in area. No off-premises real estate directional signs shall be permitted.
P.
Temporary political campaign signs, a maximum 12 square feet in area. Such signs that are located off a resident's property or are located within public rights-of-way, to the extent that the sign advertises a political candidate or election, must be removed within 14 days after such election.
Q.
Directional signs located within a tract undergoing development, indicating the route to the sales office, model home, construction trailer, etc. These signs shall be a maximum eight square feet in area.
R.
Temporary window signs intended to announce sales, special events or the like. They shall not exceed 25% of the total area of the side of the building or window where they are placed.
S.
Signs announcing seasonal, temporary business (e.g., farm products sales from temporary stands, Christmas tree sales, etc.), limited to a single sign on a property and displayed only during the sale period, not exceeding 60 consecutive days. Such signs may not exceed 12 square feet in area.
T.
Emergency warning signs erected by a public utility, pipeline company, or contractor doing such work authorized or permitted by such utility or company.
§ 225-803 Prohibited signs.
The following signs, because their inherent characteristics could threaten the health, safety, or welfare of persons in the Borough, are unlawful and prohibited:
A.
Signs which use the words "Stop," "Look," "Danger," or any other word, place, symbol, or character which attempts or appears to attempt to direct the movement of traffic, or which interferes with, imitates, 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.
B.
Any banner sign or sign of any other type across a public street without the prior written approval of the Borough or PennDOT, as applicable.
C.
Any suspended sign which is either a pennant that blows in the wind or a spinner which spins in the wind, except when located inside a temporary fairground in conjunction with a special event.
D.
Except for traffic control signals, signs displaying red, yellow, or green lights within 75 feet of a public right-of-way or 200 feet of a traffic control signal.
E.
Notices, placards, bills, cards, posters, advertisements, or other signs mounted or placed in any fashion upon a lamppost, electric light, telephone or other utility pole, hydrant, planter box, trash receptacle or upon any pier or column located on or along the public roads of the Borough or PennDOT, or any such signs mounted or placed in any fashion upon a rock, tree, or any other natural feature. Exceptions are as authorized or required by law, or when exempt in accordance with § 225-802C.
F.
Except as otherwise provided herein, any sign with flashing, revolving, moving, sound-producing or animated parts, components or displays, including any sign which has the capability of motion in whole or in part, with the exception of signs that display time and or temperature exclusively.
G.
Any sign depicting lewd, vulgar, indecent, or obscene advertising matter displayed in any manner.
H.
Any sign which obscures or interferes with the line of sight at any street intersection or traffic signal or at any other point of vehicular access to a street.
I.
Any sign erected within the right-of-way of any public or private street except those signs described in § 225-802A.
J.
Any sign erected or maintained so as to prevent free ingress or egress from any driveway, accessway, door, window or fire escape.
K.
Any portable sign (including vehicle signs), except for signs permitted in § 225-802O, P, Q, and T and § 225-804B(4).
L.
Any sign, or any portion thereof, which extends above the roofline on any building on a property or which is attached or mounted or painted on a roof.
N.
No sign of any kind shall be attached to a standpipe or fire escape.
O.
Off-premises signs, except as permitted in §§ 225-802J and 225-804B(1)(b).
§ 225-804 Signs by type and construction.
A.
As referenced in this article, an "on-premises sign" is a sign that directs attention to a business, commodity, service, entertainment, institution, or other permitted use which is offered on the same premises where the sign is located. As referenced in this article, an "off-premises sign" is a sign that directs attention to a business, commodity, service, entertainment, institution, or other permitted use which is offered on a property other than the property on which the sign is located.
B.
The following types of signs are permitted, being subject to compliance with the provisions and criteria of this Article VIII:
(1)
Directional sign. A sign either mounted on a building or a ground sign intended to provide information for pedestrian or automobile traffic within or exterior to a property.
(a)
Directional signs are intended to give direction to parking areas, service entrances, restroom facilities and the like within a property. Such signs shall not exceed two square feet in area.
(b)
Off-premises directional signs of a public or quasi-public nature shall be a maximum of three square feet in area. No advertising shall be contained on such signs other than the following for the purposes of indicating:
[1]
The name or location of a town, village, hospital, community center, school, place of worship or the name or place of meeting of a governmental, civic, or service body.
[2]
Where specifically approved by the Board or installed by the Borough, descriptive signs designating the location and nature of historic districts and listing the historic and commercial buildings or locations within such districts.
(2)
Ground sign. Any sign erected on an independent structure so that the structure is the main support of the sign or erected directly on the ground surface or any sign which is not supported by any part of a building. Ground signs shall be subject to the following requirements:
(a)
Except as provided in § 225-804B(2)(h) and § 225-805, a ground sign shall be 15 square feet or less and shall have a height of no more than eight feet (with such height being calculated pursuant to § 225-806C).
(b)
No more than one ground sign shall be permitted on each road frontage of a property.
(c)
No ground sign shall project to a point nearer than 15 feet from the edge of the cartway of a road or closer to the road than five feet outside of the street right-of-way line, whichever provides the greater setback from the road. Where compliance with this standard would obstruct safe sight distances, further setback shall be required.
(d)
No ground sign shall be erected closer to any residence, public park, church, school, or public playground than allowed by the side or rear yard building setback set forth in the applicable zoning district.
(e)
No ground sign shall shine or reflect light into adjacent residences and any off-sign lights must be directed at the ground sign only.
(f)
All poles or columns that support ground signs shall be made of masonry, metal or be fabricated from ground contact wood. All such poles or columns shall be embedded in the ground at least frost depth unless the Zoning Officer directs otherwise.
(g)
Directory sign. A ground sign for shopping centers, industrial parks, and office campuses where the names of interior tenants or owners are identified.
[1]
Directory sign, small. A directory sign having an area 35 square feet or less and having a maximum height of no more than 15 feet. Small directory signs may be used for multiple-occupant nonresidential developments exceeding 25,000 square feet floor area with over 300 feet of road frontage.
[2]
Directory sign, large. A directory sign having an area 75 square feet or less in size and having a maximum height of no more than 24 feet. Large directory signs may be used for shopping centers with floor areas in excess of 30,000 square feet, industrial parks with floor areas in excess of 50,000 square feet, and office parks with floor areas in excess of 30,000 square feet.
[3]
Such signs shall be limited in number to one per frontage on a public street where there is no other ground sign.
[4]
Such signs may list only a name, address, logo, and primary product or service of each firm or business, and the name of the center, park, or campus.
[5]
All poles or columns that support directory signs shall be made of masonry, metal or be fabricated from ground contact wood. All such poles or columns shall be embedded in the ground at least frost depth unless the Zoning Officer directs otherwise.
(h)
Billboard. A billboard is defined as a form of a ground sign that exceeds the area and height regulations set forth in § 225-804B(2)(a). The erection and maintenance of billboards shall be subject to the provisions set forth in §§ 225-805 and 225-806 herein. Each different display face of a billboard shall constitute a separate billboard. Billboards shall be freestanding and self-supporting. No part or portion of a billboard shall be attached or connected to any other building or structure.
(3)
Fascia sign. A sign to identify a service or other activity carried out within the building attached to a wall or to a canopy or attached to an extension to a building or an "island facility" such as in an automotive service station to identify the type of service available. Fascia signs shall face the street, an interior court or parking area.
(a)
Fascia signs shall not project more than eight inches horizontally from the building wall or canopy. The fascia sign must be so located that the lower edge is a minimum of eight feet above grade in any case where projection from the wall is greater than three inches.
(b)
No more than one sign shall be permitted per wall except for a multi-tenant building where each individual use shall be permitted one sign.
(d)
Placement restrictions:
[1]
Fascia signs may not extend beyond two feet inside the edge of a canopy, marquee, or the limit of any wall.
(e)
No fascia sign shall extend above the top of the wall upon which it is mounted.
(5)
Projecting sign. A sign mounted on a building so that its principal face is at an angle of 45° or more to the building wall and having not more than two faces visible. Projecting signs may identify buildings or uses where lots are limited in setback or yard area so that ground signs are not appropriate.
(a)
Projecting signs shall be so located upon the buildings that the lower edge is a minimum of 10 feet above grade. Projecting signs may extend a maximum of four feet from the building wall, provided that no sign shall project to a point nearer than 12 feet from the edge of the paved roadway or over the street line.
(b)
No projecting sign shall extend above the top of the wall upon which it is mounted.
(c)
One projecting sign shall be permitted per premises.
(6)
Wall sign. A sign attached or painted on a building wall, not located on the entrance facade or fascia of a building. Wall signs may be used to identify single occupancy buildings with no provision for a fascia sign.
(a)
Wall signs shall not exceed seven square feet in area for each five lineal feet of building wall and shall not exceed seven feet in height and 20 feet in width.
(b)
Wall signs shall not project more than 10 inches from the building wall and must be so located that the lower edge is a minimum of eight feet above grade in any case where projection from the wall is greater than three inches.
(c)
No more than one wall sign shall be permitted per wall.
(d)
No wall sign shall extend above the top of the wall upon which it is mounted or within two feet inside the edges of the same.
(7)
Window sign. A temporary sign contained inside of a building which is visible from the sidewalk or parking area providing notification of products for rental or sale or special events and having one face visible.
§ 225-805 Billboards and electronic signs.
A.
Intent. The intent of this section is to provide opportunity for billboards as a special exception to be heard by the New Freedom Borough Zoning Hearing Board, and to:
(1)
Support the First Amendment rights of advertisers to promote legal products and services while retaining the sense of community and protecting the character of the Borough;
(2)
Ensure that billboard advertising is provided for in the Borough and located safely and appropriately where it can be viewed by the traveling public with the least distraction and degradation to the public safety;
(3)
Provide billboard advertising in a manner demonstrated to be compatible with the historic, natural and rural character of the Borough in terms of size, location, visual prominence from areas other than the adjacent highway, and materials and finishes used in construction;
(4)
To prevent billboards from having a negative impact on neighborhoods (particularly residentially zoned or used properties) in terms of visual blight, light pollution, or decreased property value;
(5)
To prevent billboards from having a negative impact on designated historic sites or structures in terms of visual blight, light pollution, or decreased property value;
(6)
To advance the mission of the International Dark-Sky Association and maintain the Borough's nighttime environment by reducing light pollution through lighting practices that provide:
(a)
Energy savings resulting in economic and environmental benefits;
(b)
Superb nighttime ambience and quality of life;
(c)
Conservation of nocturnal wildlife and ecosystems;
(d)
Safeguarding of scientific and educational opportunities such as astronomy;
(e)
Preservation of cultural heritage and inspiration for the arts;
(f)
Increased visibility, safety, and security at night by reducing glare; and
(g)
Protection of human health.
B. BILLBOARD BILLBOARD STRUCTURE CHANGE INTERVAL DISPLAY FACE ELECTRONIC SIGN/BILLBOARD MESSAGE SEQUENCING TRANSITION INTERVAL
Definitions.
A form of a ground sign as defined and described in § 225-804B(2)(h).
The framework, support, display face(s) and electrical components of the billboard.
The "change interval" is defined as the time period in which the display of an electronic sign/billboard must remain static and during which the display may not transition to display another advertisement.
The face of a billboard, including copy, insignia, background, border, and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural support shall be excluded from the area calculations if it is not used to directly express or convey a commercial or non-commercial message.
A sign and/or billboard capable of displaying text, graphics, symbols, or images that can be electronically or mechanically changed by remote or automatic means; or with content that may be changed by electronic process through the use of light or lights, including, but not limited to, light emitting diodes (LED), liquid crystal display and plasma image display.
A single message or advertisement for a product, event, commodity, or service that is divided into segments and presented over two or more successive display phases of a sign, or across two or more individual signs.
The "transition interval" is defined as the time period in which the display of an electronic sign/billboard transitions to another display.
C.
Criteria for billboards. Billboards shall only be permitted through a special exception approval, subject to the applicant establishing compliance with the following criteria, together with all applicable criteria contained herein and the criteria set forth in Zoning Ordinance § 225-1004.
(1)
Billboards may only be erected and maintained in the Light Industrial Employment District (LI) Zoning District limited to those properties with frontage on North Constitution Avenue. The display face of a billboard shall not exceed 50 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 road 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 300 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.
(2)
Billboards shall be set back a minimum of 300 feet from any other billboard.
(3)
All billboards must be set back at least 500 feet from all street intersections, measured from the point of intersection of the center lines of the intersecting streets.
(4)
The applicant shall bear the burden of establishing that the proposed billboard will not create a substantial public health, welfare, or safety concern.
(5)
The applicant shall be required to submit an attestation from a structural engineer, registered in Pennsylvania, to certify that the proposed billboard is properly constructed pursuant to all applicable codes, to certify the viability of the construction of the foundation and erection of the structure for the proposed billboard. The applicant shall further submit a report from an engineer to demonstrate sufficient wind tolerances of the proposed billboard.
(6)
All billboards shall be serviced by underground electrical wiring.
(7)
Billboards shall be properly and adequately secured to prevent unauthorized access, with such features as a locked ladder way.
D.
Criteria for electronic signs/billboards. In addition to the above criteria in Subsection C and the criteria set forth in § 225-806, the following criteria shall apply to electronic signs/billboards:
(1)
Electronic signs/billboards may only be erected and maintained in the Light Industrial Employment District (LI) Zoning District limited to those properties with frontage on North Constitution Avenue.
(2)
Electronic signs/billboards may not contain any fading; flashing; modulating; scrolling; moving lights; text or graphics; any full-motion video; or any visible change during the change interval period.
(3)
Change interval. Electronic signs/billboards must provide a minimum change interval of at least two minutes.
(4)
Transition interval. Electronic signs/billboards must provide a maximum transition interval of one second.
(5)
Electronic sign/billboard lighting shall be automatically extinguished so as to not operate before 7:00 a.m. and the close of business or after 11:00 p.m. (whichever is earlier).
(6)
Illumination shall be automatically controlled so that at no point on the electronic sign/billboard shall the luminance exceed 100 cd/m2 with a full-white board face after sunset.
(7)
The electronic sign/billboard shall contain a default mechanism that will freeze the sign display in one position if a malfunction occurs or shut down and show "full black" on the display.
(9)
Message sequencing shall be prohibited.
(10)
No electronic sign/billboard shall shine or reflect light into adjacent residences.
§ 225-806 General standards applicable to all signs.
A.
Illumination and screening.
(1)
In addition to the illumination provisions specifically provided for in § 225-804B(2)(e), or § 225-805, the following illumination standards shall apply. All illuminated signs shall be constructed to the standards of the National Fire Protection Association (NFPA). Illumination of signs is only permitted for commercial purposes between 7:00 a.m. and the close of business or 11:00 p.m. (whichever is earlier). Illumination may be direct (giving forth light from the interior of the sign through translucent material) or indirect provided that the light source is directed upon the sign. The lighting source shall not be directly visible from any street or sidewalk, nor from any other normal vantage point. Lighting shall not shine directly on abutting properties, or within the normal line of vision of the public when using streets or sidewalks. No sign shall be placed or illuminated in such a position that it will cause any danger to pedestrians or vehicular traffic. No sign shall be utilized in a manner that produces a noxious glare at or beyond the boundaries of the lot on which it is located. No direct beams of light shall be directed toward adjacent properties or public roads, and all light sources shall be shielded and screened from adjoining residential properties.
(2)
Applications for the lighting or relighting of signs and billboards (including electronic signs/billboards) using external light sources shall be accompanied by a point-by-point plot of initial vertical illuminance on the sign or billboard face, catalog cuts of proposed fixtures and any glare reduction devices and a description of lamps, mounting locations, aiming angles and proposed hours of operation and method for automatically extinguishing the lighting by the required hour.
B.
Maintenance. Every sign shall be constructed of durable materials, using non-corrosive fasteners, and shall be structurally safe and erected or installed in strict accordance with the Borough Building Code and always maintained in a safe condition and good repair. Specifically, no sign shall be maintained within the Borough in such a state of disrepair as to have the appearance of neglect or which is rotting or falling down, which is illegible or has loose parts, separated from original fastenings.
C.
Height. Except as specifically referenced in §§ 225-802 and 225-805, the height of any sign shall not exceed 30 feet. The height of a sign (excepting wall signs) shall be defined as the vertical distance measured from the sign's highest point to the ground surface, or the vertical distance measured from the grade of the cartway nearest to the sign to its highest point of the sign, whichever is lesser. The highest point in the case of a sign shall include the supporting structure.
D.
Setbacks: street intersections. At all street intersections, no sign, except traffic control signs, school warning signs, and similar signs as provided for by other portions of this chapter shall be permitted within a clear sight triangle. Such triangles shall be established from a distance of 75 feet from the point of intersection of the centerlines of the intersection streets, except that a clear sight triangle of 200 feet shall be provided for all intersections with or of arterial highways. In addition, sight distance shall meet the requirements of PennDOT Publication 201, Engineering and Traffic Studies, Section 201.6.16.
E.
Setbacks: road right-of-way. Signs shall be set back from the right-of-way a minimum of 20 feet; or the minimum front building setback set forth in the underlying zoning district; whichever is greater. No part of a billboard shall be set back more than 60 feet from the nearest street right-of-way.
F.
A sign permit applicant must obtain all necessary outside agency approvals prior to erection of a sign, including, but not limited to, approval from the Pennsylvania Department of Transportation, as may be required. The applicant is required to provide the Borough with any such agency approvals prior to the issuance of a permit for a sign. PennDOT and any outside agency approval shall not constitute Borough approval.
§ 225-807 Removal of signs.
A.
Unsafe signs. All signs and billboards shall be properly and regularly maintained and shall at all times be kept in a safe and operational manner. Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days, unless the Zoning Officer shall deem appropriate a more extended period for compliance.
B.
Abandoned signs. A sign structure which has been discontinued for a period of 90 consecutive days (in that no advertising content or message has been displayed on the sign within such time) shall be presumed to be abandoned. In such an instance, the Borough Zoning Officer may provide written notice to the landowner, directing that the landowner/sign owner advise as to its intent to continue the use of the sign.
C.
Nonconforming signs. All existing signs which do not conform to the requirements of this article, but which have predated the adoption of this article or have valid permits issued by the Borough, shall be nonconforming. Any lawful nonconforming sign may remain in place while maintained in good condition and not abandoned, provided that such nonconforming sign may not be changed, expanded or altered in size, dimension, location or use. Once a sign is removed and abandoned for any reason, the replacement sign must comply with all the provisions of this Article VIII.
§ 225-808 Permits and inspections.
A.
Any sign to be erected in the Borough that is not exempt under § 225-802 shall require a permit. No sign shall hereafter be erected or altered until such time as the Zoning Officer issues a permit.
B.
No permit to erect a sign shall be issued until the required fee has been paid to New Freedom Borough, which fee shall be established by resolution of the Borough Council.
C.
Application for a sign permit shall be made in writing to the Zoning Officer and shall contain all information necessary to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this article. All applications for sign permits shall be accompanied by plans or diagrams to scale and shall show the following:
(1)
Exact dimensions of the lot, including any right-of-way lines, or building upon which the sign is to be erected;
(2)
Exact size, dimension, and location of the said sign on the lot or building together with its type, construction, materials to be used, and the manner of installation;
(3)
Any other lawful information that may be required of the applicant by the Zoning Officer;
(4)
The Zoning Officer shall inspect and approve the installation of all signs to determine conformity of the signs to these regulations.