North York City Zoning Code

SIGNS

§ 154.115 APPLICABILITY.

(A) Purposes. This subchapter 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; and protect property values and ensure compatibility with the character of neighboring uses.

(B) Permit required.

(1) A zoning permit shall be required for all signs except for:

(a) Signs meeting the requirements of § 154.117; and

(b) Non-illuminated window signs constructed of paper, cardboard or similar materials and that are not of a permanent nature.

(2) Only types, sizes and heights of signs that are specifically permitted by this subchapter 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 logo or message without a new permit under this subchapter provided that the changes do not increase the sign area or otherwise result in noncompliance or an increased nonconformity with this subchapter.

(2006 Code, § 27-701) (Ord. 12/18/2003, passed 12-18-2003, § 701)

§ 154.116 NONCONFORMING SIGNS.

(A) (1) Signs legally existing at the time of enactment of this subchapter and which do not conform to the requirements of this chapter shall be considered nonconforming signs.

(2) A nonconforming sign shall not be expanded or extended in any manner that would make it more nonconforming.

(B) After a permit has been issued, an existing lawful nonconforming sign may be replaced with a new sign, provided the new sign is not more nonconforming in any manner than the previous sign.

(2006 Code, § 27-702) (Ord. 12/18/2003, passed 12-18-2003, § 702) Penalty, see § 154.999

§ 154.117 MISCELLANEOUS SIGNS NOT REQUIRING PERMITS.

(A) 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 subchapter.

(B) See footnotes at the end of the table.

Type and Definition of Signs Not Requiring Permits	Max. No. of Signs per Lot	Max. Sign Area per Sign* on a Lot, Other than a Nonresidential Lot (Sq. Ft.)	Max. Sign Area per Sign* on a Nonresidential Lot** (Sq. Ft.)	Other Requirements
Charitable event sign - advertises a special event held a max. of 9 days in any calendar year that primarily is held to benefit a U.S. Internal Revenue Service certified tax-exempt nonprofit organization	1 per company working on the site	8	40	Shall only be permitted while such work is actively and clearly underway and a max. of 10 days afterward; such signs shall not be place on the lot for more than 1 year; shall not be illuminated
Christmas tree sign - advertises the seasonal sale of Christmas trees	2	8	30	Shall only be posted during seasons when such products are actively offered for sale
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	Non max.	3, in addition to signs painted on pavement	3, in addition to signs painted on pavement	Directional signs within a residential development shall not be illuminated
Flag - a banner or pennant made of fabric or materials with a similar appearance that is hung in such a way to flow in the wind and that includes some type of commercial message	2	20	50	Governmental flags and flags without an advertising message are not regulated by this subchapter
Garage sale sign - advertises an occasional garage sale/porch sale or auction	2 per event	2 per sign	2 per sign	Shall be placed a max. of 48 hrs. before permitted garage sale or auction begins, and be removed max. of 24 hrs. after event ends
Home occupation sign - advertises a permitted home occupation	1	2	8	Shall not be illuminated if within a residential district; shall be setback a min. of ten feet from the street right-of-way, unless printed on a mailbox. may be freestanding, attached flat on a building wall or within a window; max. total height of 8 ft.
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	1, except 2 for a principal nonresidential use	6	Max. height of 8 ft.
Open house sign - advertises the temporary and periodic open house of a property for sale or rent	2 per event	4	4	Shall be placed max. of 5 days before open house begins, and be removed max. of 24 hrs. after open house ends; such sign shall not be posted more than five consecutive days
Political sign - advertises a person or party seeking political office or a political cause or opinion on a referendum or matter of political concern	No max.	6 per sign	Max. total of 60	Shall be placed a max. of 60 days prior to any election or scheduled vote or referendum to which the sign may relate, and removed a max. of 7 days after such election, vote or referendum; persons posting political signs shall maintain a written list of locations of such signs, unless posting signs on their own property; 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	6	30	Shall only be placed on the property while it is actively for sale, lease or rent, and shall be removed a max. of 7 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 states the place and times of meetings or services and/or an arrow directing persons to such location	2	2	2	Max. 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 or grand opening at a lawful principal commercial business; a portable sign may be used under this provision	5 per lot	Not permitted	Total of 60 sq. ft. for all such banners, flags and other temporary signs. No one banner, flag or sign shall exceed 40 sq. ft.	Shall be displayed a max. of 7 consecutive days per event, and a max. of 5 events per year; such signs shall not flash, be internally illuminated, nor obstruct safe sight distances
Time and temperature sign - with a sole purpose to announce the current time and temperature any nonprofit public service messages	1	Not permitted	30
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
Abbreviations: “max”. = maximum; “min”. = minimum; “hrs”. = hours.
* Max. sign areas are for each of 2 sides of each permitted sign, measured in sq. ft.
** A “nonresidential lot” shall be considered a lot occupied by a principal commercial, industrial or institutional use”

(1) Historic sign. Memorializes an important historic place, event or person and that is specifically authorized by the borough or a county, state or federal agency;

(2) Holiday decorations. Commemorates a holiday recognized by the borough, county, state or federal government and that does not include advertising;

(3) Not readable sign. Not readable from any public street or any exterior lot line;

(4) Official sign. Erected by the state, county, borough or other legally constituted governmental body, or specifically authorized by borough ordinance or resolution, and which exists for public purposes;

(5) Required sign. Only includes information required to be posted outdoors by a government agency or the borough; and

(6) Right-of-way sign. Posted within the existing right-of-way of a public street and officially authorized by the borough or PennDOT.

(2006 Code, § 27-703) (Ord. 12/18/2003, passed 12-18-2003, § 703)

§ 154.118 FREESTANDING, WALL AND WINDOW SIGNS.

(A) Generally. The following signs are permitted within the specified zoning districts, in compliance within the following regulations. In addition, exempt signs and temporary signs are permitted in all districts by other provisions of this subchapter. See definitions of the types of signs in § 154.031.

Zoning District or Type of Use	Maximum Total Height of Free-standing Signs	Maximum Area of Wall Signs	Maximum Area of Window Signs	Maximum Area and Number of Freestanding Signs****
Residential districts, with these signs limited to allowed principal nonresidential uses, such as places of worship	8 ft.	20 sq. ft. on each side of a principal building	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 sq. ft. **
Other types of signs are addressed in § 154.117, including home occupation signs
New signs in these districts shall not be internally illuminated
NC District*	15 ft.	10% of the vertical area of the building side on which the signs are attached, up to a maximum total of 150 sq. ft.*	Temporary non-illuminated window signs are not regulated; other window signs are regulated under wall signs	1 sign per street that the lot abuts, each with a maximum area of 20 sq. ft.**
LIC and MU Districts, except that residential development shall only be able to have the signs allowed by § 154.117	15 ft.	15% of the vertical area of the building side on which the signs are attached, up to a maximum total of 150 sq. ft.	Temporary non-illuminated window signs are not regulated; other window signs are regulated under wall signs	1 sign per street that the lot abuts, each with a maximum area of 30 sq. ft. , *
* In the NC District, the following additional signs shall be allowed:
(a) A maximum of 1 projecting sign shall be permitted per lot, provided:
1. Such sign has a minimum clearance over the sidewalk of 9 ft. (unless a differing standard is established by the Building Code (Chapter 150 of this code of ordinances);
2. Is constructed entirely from wood or materials with wood, in addition to any metal fasteners;
3. Has a maximum sign area on each of 2 sides of 8 sq. ft.; and
4. Is securely attached to the building;
(b) A maximum of one sidewalk sign (or “sandwich board sign”) shall be permitted per lot, provided:
1. Such sign has a maximum sign area of 8 sq. ft. on each width of 3 ft., and has a maximum height of 4 ft.;
2. Such sign is taken indoors during all hours when the business is not open to the public;
3. Such sign is not in a location that would interfere with pedestrian traffic, emergency access or parking spaces and maintains a 4-foot wide minimum clear path for pedestrians, and is kept as close to the building as is feasible; and
4. Such sign is attractive, well-maintained and durably constructed primarily of wood or materials with an appearance similar to wood.
** If the permitted freestanding sign area is not used, such sign may be added to the permitted wall sign area.
*** If a lot includes three or more distinct commercial or industrial establishments, then along one street, 1 or 2 freestanding signs shall be permitted with a maximum total freestanding sign area of 100 sq. ft.
**** See setbacks for freestanding signs in § 154.120(A)

(B) 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.

(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 erect a permanent sign within all of the requirements of this subchapter.

(2) Definition of a “portable sign”. A PORTABLE SIGN is 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.

(3) Portable signs are prohibited in all districts, except as a temporary charitable event or temporary special sale sign as permitted by § 154.117.

(D) Signs on walls. A freestanding sign 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 subchapter and with the wall itself not counting towards the maximum sign area.

(2006 Code, § 27-704) (Ord. 12/18/2003, passed 12-18-2003, § 704)

§ 154.119 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.

(2006 Code, § 27-705) (Ord. 12/18/2003, passed 12-18-2003, § 705) Penalty, see § 154.999

§ 154.120 LOCATION OF SIGN.

The following shall regulate the location of signs.

(A) Setbacks.

(1) A sign shall not project over any existing street right-of-way, except for permitted “projecting signs” within the NC District as regulated by § 154.118(A). under footnote “*”.

(2) Unless specifically stated otherwise, a sign is not required to be setback from a lot line or street right-of-way.

(3) These setbacks shall not apply to official signs, nameplate signs, public service signs and directional signs.

(B) Sight clearance. No sign shall be so located that it interferes with the sight clearance requirements of § 154.142(C).

(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 from the owner.

(E) Utility poles. No sign shall be attached to a utility pole using metal fasteners, except by a utility or government agency.

(2006 Code, § 27-706) (Ord. 12/18/2003, passed 12-18-2003, § 706) Penalty, see § 154.999

§ 154.121 ILLUMINATION OF SIGNS.

See § 154.086 and provisions in § 154.118(A) within residential districts.

(2006 Code, § 27-707) (Ord. 12/18/2003, passed 12-18-2003, § 707)

§ 154.122 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.

(2006 Code, § 27-708) (Ord. 12/18/2003, passed 12-18-2003, § 708)

§ 154.123 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 § 154.117 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 § 154.117;

(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 subchapter;

(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”);

(F) Signs or displays visible from a lot line that include words or images that are obscene or pornographic;

(G) 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; and

(H) Floodlights and outdoor lasers for advertising purposes.

(2006 Code, § 27-709) (Ord. 12/18/2003, passed 12-18-2003, § 709) Penalty, see § 154.999

§ 154.124 CONSTRUCTION OF SIGNS.

(A) Every permanent sign permitted in this section shall be constructed of durable materials and shall be kept in good condition and repair.

(B) The Zoning Officer shall by written notice require a properly owner or lessee to repair or remove a dilapidated or unsafe sign within a specified period of time.

(C) If such order is not complied with, the borough may repair or remove such sign at the expense of such owner or lessee.

(2006 Code, § 27-710) (Ord. 12/18/2003, passed 12-18-2003, § 710)

§ 154.125 MEASUREMENT AND MAJOR TYPES OF SIGNS.

(A) Sign definitions. The following definitions shall be used in determining whether signs meet measurement and type requirements of this subchapter.

BUILDING FACE. The vertical area of a particular side of a building, but not including the area of any slanted roof.

FREESTANDING SIGN. See § 154.031.

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 § 154.031.

SIGN. See § 154.031.

WALL SIGN. See § 154.031.

WINDOW SIGN. See § 154.031.

(B) 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 supports 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) The maximum sign area 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.

(C) Measurement of sign height. 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 subchapter when attached to a tower or spire of a place of worship.

(2006 Code, § 27-711) (Ord. 12/18/2003, passed 12-18-2003, § 711)

§ 154.126 OFF-PREMISES SIGNS (INCLUDING BILLBOARDS).

(A) Purposes. Off-premises signs are controlled by this subchapter 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-premises signs, on-premises signs and temporary signs and printed and electronic media carry out the purposes listed in § 154.115.

(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.

(D) Permitted off-premises signs. Except for signs allowed by § 154.117, an off-premises sign is only permitted if it meets the following requirements.

(1) District. An off-premises sign is only permitted in the LIC District.

(2) Location. An off-premises sign shall be setback a minimum of 25 feet from all of lines and street rights-of-way.

(3) Maximum sign area. Three hundred square feet.

(4) Spacing.

(a) Any off-premises sign shall be separated by a minimum of 300 feet from any other off-premises sign, including signs on either side of a street and including existing signs in other municipalities.

(b) No lot shall include more than one off-premises sign.

(5) Maximum height. Thirty-five feet above the elevation of the adjacent street, measured at the street centerline.

(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) Control of lighting and glare. See standards in § 154.086.

(8) Residences. No off-premises sign greater than 30 square feet in sign area shall be located within 200 feet of an existing dwelling.

(9) Condition. The sign shall be maintained in a good and safe condition. The area around the sign shall be kept free of debris.

(2006 Code, § 27-712) (Ord. 12/18/2003, passed 12-18-2003, § 712) Penalty, see § 154.999