North Whitehall Township
City Zoning Code
City Zoning Code
ARTICLE VII
Signs
§ 440-60 Applicability.
A.
Purposes. This article 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; promote traffic safety by avoiding distractions and sight distance obstructions; protect property values and ensure compatibility with the character of neighboring existing and planned land uses; and assist in carrying out the goals of the Pennsylvania Outdoor Advertising Act, as amended.[1]
[1]
Editor's Note: See 36 P.S. §§ 2718.101 et seq.
B.
Permit required. A zoning permit shall be required for all signs except for a) signs meeting the requirements of § 440-64; and b) nonilluminated window signs constructed of paper, cardboard or similar materials and that are not of a permanent nature. Only types, sizes and heights of signs that are specifically permitted by this chapter within the applicable district shall be allowed.
C.
Changes on signs. Any lawfully existing sign (including nonconforming signs) may be painted or repaired or changed in message without a new permit under this chapter, provided that the changes do not increase the sign area or otherwise result in noncompliance or an increased nonconformity with this chapter.
§ 440-61 Nonconforming signs.
A.
Signs legally existing at the time of enactment of this chapter and which do not conform to the requirements of this chapter shall be considered nonconforming signs.
B.
Any nonconforming sign which is removed, destroyed or damaged to an extent of 25% or more shall be replaced only with a conforming sign, except as below.
C.
An existing nonconforming sign may only be replaced with a conforming sign, except a lawful nonconforming sign may be replaced with a new sign if the new sign is not more nonconforming in any manner than the previous sign.
§ 440-62 Definitions.
The following words and terms shall, for the purposes of this article, have the meanings given:
BUILDING FACE
The vertical area of a particular side of a building, but not including the area of any slanted roof.
ELECTRONIC MESSAGE CENTER
An electrically activated changeable copy sign whose variable message and/or graphic presentation capability can be electronically or digitally programmed.
FREESTANDING SIGN
A sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
HEIGHT OF SIGN
The vertical distance measured from the average ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols, when not accompanied by lettering, shall not be restricted by the sign heights of this article when attached to a tower or spire of a place of worship.
ILLUMINATED SIGN, EXTERNALLY
A sign illuminated by light outside of the sign instead of within the sign.
ILLUMINATED SIGN, INTERNALLY
A sign illuminated by light from within the sign rather than a source adjacent to or outside of the sign. A sign within a display case with lights only shining onto the front of the sign shall be considered to be "externally" illuminated.
OFF-PREMISES SIGN
See Article II.
PORTABLE SIGN
A freestanding sign that is attached to a chassis or legs that allows it to be towed or carried from one location to another and that is not permanently attached to the ground.
SIGN
See Article II.
TEMPORARY SIGN
Any type of sign advertising a type of off-site or on-site business and/or is displayed in such a fashion that the sign is not in the ground without a permanent foundation. This definition shall not apply to political or off-premises directional signs to identify the location of subdivisions.
WALL SIGN
A sign primarily supported by or painted on a wall of a building and which does not project more than two feet from such wall.
WINDOW SIGN
A sign which is readily visible and can be at least partially read from an exterior lot line and which is attached to a window or transparent door or that can be read through a window or transparent door.
§ 440-63 Temporary signs.
A.
Temporary signs shall be permitted and shall be required to have a permit under this article as follows:
Temporary Signs in Residential Districts CR, AR, AR-I, AR-L and SR | |||
|---|---|---|---|
Residential Uses | Permitted Nonresidential Uses | Residential Developments (greater than 10 units) | |
Maximum area | 4 sq. ft. | 8 sq. ft. | 8 sq. ft. |
Maximum number | 1 per street frontage | 1 per street frontage | 1 per street frontage |
Maximum height | 6 ft. | 6 ft. | 8 ft. |
Duration | 30 days, not more than 4 times per year | 30 days, not more than 4 times per year | 30 days, not more than 4 times per year |
Temporary Signs in Nonresidential Districts V, C, LI/B and ME/I | |||
|---|---|---|---|
Permitted Residential Uses | Nonresidential Uses | Shopping Center Use | |
Maximum area | 4 sq. ft. | 16 sq. ft. | 16 sq. ft. |
Maximum number | 1 per street frontage | 1 per property | 1 per tenant |
Maximum height | 6 ft. | 20 ft. | 20 ft. |
Duration | 30 days, not more than 4 times per year | 30 days, not more than 4 times per year | 30 days, not more than 4 times per year |
§ 440-64 Exempt signs not requiring a permit.
The following signs shall be permitted within all zoning districts within the following regulations and shall not be required to have a permit under this article.
A.
Historic sign: memorializes an important historic place, event or person and that is specifically authorized by the Township or a county, state or federal agency.
B.
Holiday decorations: commemorates a holiday recognized by the Township, county, state or federal government and that does not include advertising.
C.
Not visible sign: not visible from any public street or any exterior lot line.
D.
Official sign: erected by the state, county, Township or other legally constituted governmental body, or specifically authorized by Township ordinance or resolution, and which exists for public purposes.
E.
Physically carried sign: physically carried by a person.
F.
Required sign: only includes information required to be posted outdoors by a government agency or the Township.
G.
Right-of-way sign: posted within the existing right-of-way of a public street and officially authorized by the Township or PennDOT.
H.
Very small sign: has an area of less than one square feet and cannot be read by a person of normal eyesight from a public street or exterior lot line.
I.
Official highway route number signs, street name signs, emergency signs, and other official traffic signs which are in the interest of public safety or the regulation of traffic.
J.
Trespassing signs; signs indicating the private nature of a road, driveway or premises; and signs prohibiting or otherwise controlling fishing or hunting upon a particular premises, provided that the area of one side of any such sign shall not exceed two square feet and shall be spaced at intervals of not less than 100 feet of street or property line frontage.
K.
Incidental signs, such as those advertising the availability of rest rooms, or public conveniences or those applied to a windowpane giving store hours or the name(s) of credit or charge institutions, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services. Any sign covered by this subsection shall not exceed two square feet.
L.
Governmental flag or insignia such as the flag of the United States, the Pennsylvania state flag, and/or other local governmental flags.
M.
Directional signs, provided they do not contain any commercial messaging. Such sign shall not exceed four square feet in area and shall have a maximum height of five feet. Directional signs shall be nonilluminated.
N.
Service organization/institutional sign stating the name of a recognized incorporated service organization or other institutional use. Such sign may also state the time and place of meetings or services and/or provide an arrow directing persons to such location and shall not exceed two square feet in area.
§ 440-65 Freestanding, wall and window signs.
A.
The following are the signs permitted on a lot within the specified districts and within the following regulations, in addition to exempt signs and temporary signs permitted in all districts by other provisions of this article. See definitions of the types of signs in § 440-62.
Zoning District or Type of Use | Maximum Height of Freestanding Signs (feet) | Maximum Area of Wall Signs (% per square feet) | Maximum Area of Window Signs (% per square feet) | Maximum Area and Number of Freestanding Signs |
|---|---|---|---|---|
All residential districts for permitted principal nonresidential uses | 8 feet | A maximum of 10% of the building face or 20 square feet, whichever is smaller. 1 sign is permitted on each side of the building facing a street | May be used in place of a wall sign with the same restrictions | 1 sign on each street the lot abuts, each with a maximum sign area of 20 square feet |
In the V District | 12 feet | 10% of the area of the building face; permitted on each side of the building facing a street | 10% of the area of the building face on which the signs are attached, plus may be used in place of permitted wall sign area | 1 sign per street that the lot abuts, each with a maximum area of 30 square feet |
In the C District, other than a shopping center | 20 feet | 15% of the area of the building face; permitted on each side of the building facing a street | 10% of the area of the building face on which the signs are attached, plus may be used in place of permitted wall sign area | 1 sign per street that the lot abuts, each with a maximum area of 50 square feet |
In the C District for a shopping center | 20 feet | 20% of the area of the building face; permitted on each side of the building facing a street or directly facing other principal business uses | 15% of the area of the building face on which the signs are attached, plus may be used in place of permitted wall sign area | A maximum of 2 signs per street that the lot abuts: 1 such sign shall have a maximum sign area of 100 square feet, and the other sign shall have a maximum sign area of 50 square feet |
In a LI/B or ME/I District (See also provisions for directional signs in § 440-74) | 12 feet | 15% of the area of the building face; permitted on each side of the building facing a street or directly facing other principal business uses | 10% of the area of the building face on which the signs are attached, plus may be used in place of permitted wall sign area | 1 sign for each street that the lot abuts, each with a maximum sign area of 50 square feet |
NOTE: If the permitted freestanding sign area is not used, such sign area may be added to the permitted wall sign area. |
B.
Maximum height of wall signs. The maximum height of wall signs shall be equal to a maximum of five feet above the top of the roof along the wall to which they are attached.
C.
Portable signs (including signs on mobile stands) and other temporary signs.
(1)
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 erects a permanent sign within all of the requirements of this chapter. The portable or temporary sign shall be outside of the existing right-of-way, a minimum of 10 feet from the cartway.
(2)
Definition of a "portable sign" and "temporary signs": See § 440-62.
(3)
Portable and temporary signs are prohibited in all districts, except:
(a)
The Township may grant a temporary permit for up to 90 days for a portable sign (or temporary sign) with a maximum sign area of 40 square feet on each of two sides for a new principal business use that has ordered a new permitted permanent freestanding sign which has not yet been able to be installed.
(b)
The Township has the authority to remove any and all temporary signs that may impede or distract drivers along Township and state roads.
(c)
The Township may remove signs from utility poles when placed by anyone other than an authorized utility.
D.
Drive-through menu boards. A maximum of two signs, commonly referred to as a "menu board," listing goods available at drive-through windows may be placed at a location along access to such windows, in addition to all other permitted signs. Such signs shall each have a maximum size of 48 square feet, shall have only one side and shall not include lettering readable from beyond the boundaries of the lot or lease area.
E.
Electronic message center sign. An electrically activated changeable copy sign whose variable message and/or graphic presentation capability can be electronically or digitally programmed.
(1)
Electronic message center signs are permitted in the form of freestanding and wall signs or incorporated as a portion of a freestanding or wall sign and shall comply with § 440-65A. If used as a wall sign, they shall be included in the total permitted sign area. Electronic message centers are permitted instead of and shall not be permitted in addition to a freestanding or wall sign on a property.
(2)
Only one message center sign is permitted per property, regardless of the number of street frontages.
(3)
Audio speakers and/or any form of pyrotechnics are prohibited.
(4)
Any portion of the message must have a minimum duration of 10 seconds and must be a static display. Messages shall change immediately. No portion of the message may flash, scroll, twirl, twinkle, oscillate, rotate, blink, change color, fade in/out or in any manner imitate movement.
(5)
Time and temperature shall be included as a separate message(s).
(6)
The illumination and/or intensity of the display shall be controlled so as to not create glare, hazards or nuisances. The brightness of the digital sign shall not exceed 0.3 foot-candles of light above the normal ambient light levels. Such signs shall be equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions.
(a)
The luminance specification shall be determined by a foot-candle metering device held at a height of five feet and aimed towards the sign from a distance of 65 feet.
(b)
The metering device should be at a location perpendicular to the sign's center (as seen in plan view) as this angle has the highest luminance.
(c)
This check shall include the measurement of an all white image displayed by the sign to evaluate the worst case condition.
(d)
If the difference in luminance between the sign-on and the sign-off conditions is 0.3 foot-candle or less, then the sign luminance is in compliance.
(e)
Sign illumination shall cease by 11:00 P.M.
(7)
All signs must be equipped with a properly functioning default mechanism that will stop the sign and return to a solid black display should a malfunction occur.
(8)
Applicant shall be required to coordinate/permit message access for local, regional, state and national emergency services during emergency situations. Emergency messages are not required to conform to message standards listed herein.
§ 440-66 Abandoned or outdated signs.
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.
§ 440-67 Location of signs.
The following shall regulate the location of signs:
A.
Setbacks. A sign, except official signs, nameplate signs, public service signs and directional signs, shall:
(1)
Not be erected within five feet of or project over any existing or future street right-of-way;
(2)
For a sign for a commercial or industrial business, shall not be located within 25 feet of any residential lot line (as defined in Article II);
(3)
For any other lot line, not erected within five feet of the lot line, except if two lots are specifically permitted to share a sign.
B.
Sight distance. No sign shall be so located or arranged that it interferes with the sight distance requirements of § 440-77 or safe sight distances for vehicles within a lot.
C.
Off-premises. No signs except permitted off-premises, official, political or public service signs shall be erected on a property to which it does not relate.
D.
Permission of owner. No sign shall be posted on any property or sign pole or public utility pole unless permission has been received by the owner.
E.
Utility poles. No permanent sign shall be attached to a utility pole, except by an authorized utility.
§ 440-68 Illumination of signs.
See § 440-50, Light, glare and heat control.
§ 440-69 Vehicles functioning as signs.
Any vehicle or structure to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the primary purpose of the vehicle or structure but becomes a primary purpose in itself shall be considered a freestanding sign and as such shall be subject to requirements for freestanding signs in the district in which such vehicle or structure is located.
§ 440-70 Prohibited signs.
The following signs are prohibited in all zoning districts:
A.
Any moving object used to attract attention to a commercial use. Flags and banners except as is permitted by § 440-64 and except for flags or banners meeting the requirements for a particular type of sign.
B.
Flashing, blinking, twinkling, animated or moving signs of any type, except time and temperature signs may flash. In addition, flashing lights visible from a street shall not be used to attract attention to a business. This restriction specifically includes window signs, but does not prohibit Christmas lighting or displays, within § 440-64.
C.
Signs which emit smoke, visible vapors or particles, sound or odor.
D.
Signs which contain information that states or implies that a lot may be used for any purpose not permitted under the applicable provisions of this chapter.
E.
Signs that are of such character, form, shape or color that they imitate or resemble any official traffic 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" or "stop").
F.
Signs that use reflective materials to give the appearance of flashing, blinking or twinkling.
G.
Signs or displays visible from a lot line that include words or images that are obscene, pornographic or that an average reasonable person would find highly offensive to public decency.
H.
Balloons of greater than 25 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.
I.
Floodlights and outdoor lasers for advertising purposes.
J.
Signs attached to utility poles, except by an authorized utility.
§ 440-71 Construction of signs.
Every permanent sign permitted in this section shall be constructed of durable materials and shall be kept in good condition and repair. The Township 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 Township may repair or remove such sign at the expense of such owner or lessee.
§ 440-72 Measurement and major types of signs.
A.
Measurement of sign area.
(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 area of a common geometric form that could encompass all signs.
(2)
The sign area shall not include any structurally supporting framework, bracing, or clearly defined wooden framing if such area does not include any display, lettering or sign and if such area is clearly incidental to the sign area itself.
(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 rectangle that includes all of the letters and symbols.
(4)
In computing the permitted sign area of a sign with two sides, the permitted total sign area shall be based upon the sign area of only one side (the larger of any two if they differ). If the interior angle formed at the inside of the two sides of a two-sided sign is greater than 60°, then the total area of both sides shall not be greater than the permitted total sign area. No sign shall have more than two sides or faces.
(5)
Unless otherwise specified, all square footage in regards to signs are maximum sizes.
§ 440-73 Off-premises signs (including billboards).
A.
Purposes. Off-premises signs are controlled by this chapter for the following purposes, to ensure that a physical environment is maintained that is attractive to desirable types of development, especially light industrial and office parks; prevent visual pollution in the Township and protect property values, especially in consideration of the fact that most commercial areas of the Township are within close proximity to existing residences; prevent glare on adjacent property and streets; protect the open space and natural character of areas of the Township planned to remain agricultural or as conservation areas; avoid the creation of additional visual distractions to motorists, especially along the high-speed expressways and along busy arterial streets that involve complex turning movements, congestion and numerous traffic hazards; recognize the numerous alternative forms of free speech available in the Township, including existing nonconforming off-premises signs, on-premises signs and temporary signs and printed and electronic media; recognize that this chapter allows every landowner a reasonable use for their land; avoid off-premises signs that would have an unfair advantage over on-premises signs in the competition for attention, because off-premises signs typically are higher and larger than on-premises signs; carry out the purposes listed in § 440-60.
B.
Nonconforming off-premises signs. This section is not intended to require the removal of an existing lawfully placed off-premises sign that is in structurally sound condition.
C.
Commercial and noncommercial. This section applies to both commercial and noncommercial off-premises signs, except as may be specifically provided for elsewhere in this chapter.
D.
PennDOT sign. Signs erected and maintained by PennDOT are permitted by right in all districts.
E.
Permitted off-premises signs. Based directly on the intent statements within this chapter, off- premises signs are only permitted if they meet the following requirements:
(1)
District. An off-premises sign is only permitted in the LI/B District.
(2)
Location. An off-premises sign is only permitted if the sign is within 300 feet of the existing right-of-way of an expressway and if all portions of the sign are a minimum of 10 feet from all of the following: any lot line or any existing or future street right-of- way.
(3)
Maximum sign area: 300 square feet.
(4)
Spacing. Any off-premises sign shall be separated by a minimum of 1,200 feet from any other off-premises sign, including signs on either side of a street and including existing signs in other municipalities. No lot shall include more than one off-premises sign.
(5)
Maximum height. 35 feet above the elevation of the adjacent street, measured at the street center line.
(6)
Attached. No off-premises sign or sign face shall be attached in any way to any other off-premises sign, except that a sign may have two sign faces of 300 square feet each if they are placed approximately back-to-back.
(7)
Lighting and glare. Off-premises signs may be illuminated subject to the following:
(a)
The source of light may not be visible from any point off the property upon which the sign is located. All light sources must not be of such intensity or brilliance to cause glare or otherwise impair the vision of the driver of any motor vehicle or otherwise interfere with any driver's operation of a motor vehicle.
(b)
No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, signal or device.
(c)
No portion of an outdoor advertising sign may contain any flashing, moving, changing or animated display.
(8)
Residences. No off-premises sign shall be located within 600 feet of an existing dwelling or 300 feet of any residential lot line, unless separated by an expressway.
(9)
Off-premises signs may be electronic/digital and shall comply with the requirements of § 440-65E.
§ 440-74 Signs identifying major residential or business developments.
The following types of permanent signs are permitted by right in all districts, provided that they meet the following requirements.
A.
When allowed. Signs and any supporting structure (as described in this section) are allowed for developments that have been approved to involve either 1) a total of 15 or more dwelling units, or 2) a total of five or more office, commercial, industrial or institutional principal establishments on a minimum total of three acres of land.
B.
Size and number. Signs described in this section may have a maximum sign area of 32 square feet and a maximum total height of eight feet. For a business development, one of these signs and/or structures may be located at each of two major entrances to the development from exterior public streets. This sign area may be an addition to other sign area limits of this chapter. The signs may be attached to a brick or wooden structure with a maximum height of eight feet and maximum length of 20 feet.
C.
Durability. Such signs shall be designed to be of a durable construction requiring little maintenance.
D.
Message. Such signs may only include the name of the development and any logo. A phone number may be included during sale or rental of the development. Such signs shall not include any advertising.
E.
Landscaping. Such signs shall be attractively landscaped, with plants and shrubs requiring minimal maintenance.
F.
Location. Such signs and structures shall be located outside of the existing and future street rights-of-way lines and shall satisfy the sight distance requirements of § 440-77.
G.
Maintenance. If such signs are intended to remain beyond the completion of a developer's involvement in a project, the developer shall provide an appropriate method to ensure proper maintenance of the sign.
H.
Directional signs within a major business development.
(1)
When allowed. A directional business sign is allowed at each intersection of two or more streets within an office, commercial or industrial development that involves a total of 20 or more acres.
(2)
Size. Each sign may have a total square footage of 80 square feet. The sign shall be an orderly single structure and may include on it the names and logos of all the businesses located in the development, along with directional arrows and a map.
(3)
Purpose. The signs allowed by this subsection are to direct visitors to businesses. These signs are not intended for routine advertising purposes.
(4)
Illumination. Such signs may be externally but not internally.
I.
Off-premises signs to major business developments. As a special exception, the Zoning Hearing Board may allow a single sign permitted to be placed off-premises. Such sign shall be limited to direct vehicles to business developments and shall meet all requirements of this § 440-74, except the maximum sign area shall be 10 square feet on each of two sides.
