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Oakland City Zoning Code

§ 59-63

Signs.

[Amended 11-29-1989 by Ord. No. 89-Code-180]
A. 
Erection permit required. It shall be unlawful for any person to use, erect, alter or relocate, within the Borough of Oakland, any sign or other advertising structure without first obtaining an erection permit from the Zoning Enforcement Official and making the payment of the fee required by Subsection D hereof. Upon termination of any nonidentical business use, all signs shall be removed or reconstructed to comply with this chapter prior to the issuance of a certificate of occupancy. No permit shall be issued to erect an exterior sign on property containing a nonconforming sign until such time as the nonconforming sign has been removed.
B. 
Application to be filed with the Zoning Enforcement Official. It shall be the duty of the Zoning Enforcement Official, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed sign or advertising structure is in compliance with the requirements of this chapter and all other ordinances of the Borough of Oakland, he shall then issue the erection permit. If the work authorized under an erection permit has not been completed within six months from the date of its issuance, said permit shall become null and void.
C. 
Application forms are to be provided by the Zoning Enforcement Official. Application for erection permits for signs shall be made upon forms as provided by the Zoning Enforcement Official.
D. 
Fees. Every applicant, before being granted a sign permit, shall pay to the Zoning Enforcement Official the following fees per sign:
(1) 
For a sign permitted in a residential zone under Subsection G: $75.
(2) 
For a sign permitted in a business zone under Subsection H: $75.
(3) 
For a sign permitted in an industrial, industrial office, industrial park or corporate office zone under Subsection I: $75.
(4) 
For a sign permitted in a shopping center under Subsection J: $75.
(5) 
For a sign permitted for a nursing home under Subsection K: $75.
(6) 
For a sign permitted for a service station under Subsection L: $75.
(7) 
For a temporary sign permitted under Subsection M: $25 together with a deposit of $50 to be returned if said sign is dismantled in accordance with the terms of the permit.
(8) 
For any extension permitted under Subsection M, beyond the period of original grant, the rate of $5 for any thirty-day period or less. A maximum of two extensions may be granted.
E. 
Permits and licenses may be revoked. All rights and privileges required under the provisions of this section are mere licenses, revocable at any time for cause by the Mayor and Council. If the Zoning Enforcement Official shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the people or has been constructed or erected or is being maintained in violation of this chapter, he shall give written notice to the permittee thereof. If the permittee fails to remove, repair or alter said sign or other advertising structure so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the Zoning Enforcement Official at the expense of the permittee or owner of the property upon which it is located. The Zoning Enforcement Official may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily without notice, and at the sole expense of the permittee or owner of the premises.
F. 
Owner to maintain sign and surrounding premises. All signs and the premises surrounding the same shall be maintained by the owner thereon in a clean, sanitary and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. The Zoning Enforcement Official will notify the owner, in writing, of any violation of this paragraph. If after 10 days from the date of the written notice, the violation has not been corrected, the Zoning Enforcement Official will remove the sign and have the area cleaned at the sole expense of the owner of the premises.
G. 
Signs in residential zones. In a residential zone, no sign shall be used, placed, located or erected except:
(1) 
A sign not exceeding three square feet in area as an accessory use to be designed as a nameplate. Such nameplate may be lettered on both sides and may state the occupant's name, and home occupation or professional use.
(2) 
One sign advertising the sale or rental of the property on which it is located pursuant to Subsection M, Temporary Signs.
H. 
Signs in business zones. In a business zone, no signs or advertising devices shall be used, placed, located or erected, except signs referring to premises upon which they are displayed or to the services rendered therefrom, subject to the following conditions:
(1) 
The first floor occupants, with separate exterior entrances for their individual businesses, may erect a sign or signs referring to or advertising the premises upon which is it located or displayed, or to the identity of the occupant(s) thereof, or to a service(s) rendered thereon or therein, or to a product or item available therein, or to a permitted trade, business or profession carried on thereon or therein. One such sign may be erected on any entrance wall and shall be erected parallel to the face of such wall, not extending more than 12 inches therefrom, the bottom of which shall be at least seven feet above the level of the sidewalk, and shall be rigidly and securely attached thereto. The area of maximum height of such sign shall not exceed two square feet for each foot of wall width, the maximum height of such sign shall not exceed two feet and the maximum width shall not exceed 90% of the width of the store front or wall of that portion of the premises occupied by the occupant(s) erecting the sign and upon which is attached. In determining maximum width, the maximum width of the store front or main entrance wall of the premises, or the width of the wall upon which any such sign shall be erected, whichever is less, shall govern. The top of such sign may not extend above the roof line of the building.
(2) 
With respect to premises, the use of which involves no structure, or on which the structure is set back at least 90 feet from the front curb line, a freestanding sign of an area not in excess of 30 square feet on each side and 60 square feet in aggregate area, if both sides shall have signs thereon, may be erected for the purpose of identifying the location and address provided; that the top of such sign shall not be more than 15 feet above the level of the ground and shall be located at least 15 feet back of the property line. It shall have no more than two faces and no dimension, either length or height, shall exceed the other by 50%.
(3) 
In addition to any sign or signs permitted under Subsections H(1) and H(2) of this section, a sign or signs limited to those purposes set forth in Subsection H(1) and to show or evidence membership in a retail or professional organization or credit card or credit association or plan, to show manufacturers' or legally required licenses, attached to or painted on a store window or windows on the exterior or interior of any structure, the total area of such sign or signs not to exceed 30% of the window space. The aggregate window space utilized for signage of all sorts is limited to 30%. There shall be no signs in windows on the second and above floors.
(4) 
Where the business structure includes business occupants on a second floor and above, the tenants of said building may use a common directory sign, not exceeding eight square feet, which sign may be two sided, with eight square feet on each side, and with no more than two square feet for the use of any one tenant. Such directory sign may be either attached to the building or directory sign shall be erected in a manner as not to impede or obstruct the vision of motorists or pedestrians.
(5) 
In any structure in a business zone which does not contain a store, and is constructed in the manner of an office building, having suites on it's first floor with or without separate exterior entrances, the business occupants of any suite therein shall be limited to a common directory signs, pursuant to regulations established in Subsection H(4) of this section.
(6) 
Window signs shall not be permitted in office buildings.
I. 
Signs in industrial, industrial office, professional office, industrial parks or corporate office zones.
[Amended 6-19-1991 by Ord. No. 91-Code-229]
In industrial, industrial office, professional office, industrial parks, or corporate office zone, no signs or advertising devices shall be used, placed, located or erected outside of or attached to the exterior of any building, except signs having not more than two faces referring to the premises upon which they are displayed or to the service rendered therefrom, subject to the following conditions:
(1) 
No permitted sign shall have a height more than five feet above the level of the ground and shall be set back at least 30 feet from the property line.
(2) 
No permitted sign shall have an aggregate sign area exceeding 30 square feet on each side. It shall have no more than two faces and no dimension, either length or height, shall exceed the other by 50%.
(3) 
Nothing contained herein shall be construed to prohibit the installation or erection of an off-premises sign located in the Industrial-1 Zone provided such off-premises sign conforms to each of the requirements as set forth in § 59-65.1.
[Added 8-22-2018 by Ord. No. 18-Code-772]
J. 
Signs in shopping centers. In a shopping center, no signs or advertising devices shall be used, placed, located or erected, except as permitted in Subsection H.
K. 
Signs for nursing homes. In connection with nursing homes, no signs or advertising devices shall be used, placed, located or erected, except the following: One sign only, measuring no larger than six square feet, shall be permitted and shall not be illuminated after 9:00 p.m., prevailing time. Said sign shall be set back no less than 20 feet from the front property line.
L. 
Service station signs. In connection with a service station, no sign or advertising devices shall be used, placed, or erected outside or attached to the exterior of any building except signs referring to the premises upon which they are displayed or to the services rendered therefrom, subject to the following conditions.
(1) 
No sign or advertising device shall be used, placed, located or erected, except as permitted in Subsection H.
(2) 
Advertising signs are prohibited.
(3) 
A ground sign shall not exceed 30 square feet in area per face, exclusive of any clear open space between the ground and the bottom of the sign. The sign shall have no more than two faces.
(4) 
The following signs, customary and necessary to the operation of filling and service stations are permitted: Lettering on buildings displayed over individual entrance doors consisting of the words "washing", "lubrication", "repairing", or similar words; provided that there shall be not more than one such sign over each entrance, and that the letters shall not exceed 10 inches in height. Lettering or other insignia, which are a structural part of the gasoline pump, consisting only of a brand name, lead warning sign and other signs as required by law. A credit card sign not exceeding two square feet in area, affixed to the building or permanent sign structure of the sign next referred to; a sign attached to each gas pump, with the price of the product as required by law.
M. 
Temporary signs. No temporary sign may be erected for a period to exceed 90 days except after a permit is obtained as required by Subsection A. Such a sign may be erected only for specific purposes relating to the property or the immediate area on which, or near which, such sign shall be placed for a limited period of time.
(1) 
Temporary signs for elective office shall not be erected prior to one month of the date of any national, state, or local election. All such signs shall be removed no later than three days after the date of the election to which they pertain.
(2) 
Temporary signs, necessary in connection with the erection of buildings or other construction work shall be limited to one sign for each construction project. Such a sign may be freestanding or attached to the premises but shall not exceed nine square feet in area and shall be removed upon the issuance of a certificate of occupancy for any part or parts of the construction project.
(3) 
Real estate signs which are signs customary and necessary in the offering of real estate for sale or let by the owner thereof and by his real estate agent and/or broker are permitted to be erected in the borough provided that the following requirements are complied with:
(a) 
In nonresidential zones the total square footage of all signs shall not exceed 16 square feet in an area and set back 25 feet from the property line;
(b) 
In residential zones one sign not to exceed four square feet in area on any one side, nor 36 inches in either height or length may be erected along any street frontage, parking lot or railroad track, abutting the subject's premises; such a sign may be two sided;
(c) 
All signs shall be non-illuminated. Said signs may be freestanding or attached to the premises.
Permitted real estate signs shall be removed within seven days of the day that a contract of sale or lease of the premises has been executed by both parties to the document, and a sold sticker may be displayed during this time prior to removal.
Signs permitted hereby shall pertain only to the sale or lease of the lot or premises upon which the sign is placed.
In the event the owner, broker or real estate agent conducts an open house at the premises, an addition to the sign stating "Open House", may be added to the on premises sign, on condition that said addition does not exceed 10 inches in height or 36 inches in length and is posted for a period not to exceed five days in total during the period of the sign permit.
N. 
General prohibitions.
(1) 
No signs or advertising devices shall be used, placed, located, or erected except as specifically permitted by this section. Off-premises signs shall conform to the conditions set forth in § 59-65.1 and be limited to the Industrial-1 Zone only.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(2) 
No pennants or buntings shall be used, placed, located, or erected unless permission is given for the use thereof under Subsection M, Temporary Signs, hereof.
(3) 
No signs shall be erected or painted or composed of fluorescent or phosphorescent or similar material.
(4) 
No sign shall be in whole or part moving, mobile, or revolving, except for signs commonly known as "barber poles" ordinarily and customarily used in connection with barber shops.
(5) 
No signs causing radio or television interference shall be permitted.
(6) 
No paste-up signs are to be permitted on the exterior of buildings, where paste-up signs are affixed to the interior of windows, such signs shall be limited to 30% of the window space. The aggregate window space utilized for signage of all sorts is limited to 30%.
(7) 
No billboard or sign shall be erected upon any roof of any building or structure, excepting an advertising structure. Required conditions all off-premises signs must comply with are codified in § 59-65.1.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(8) 
No sign of the suspension type shall hang over any sidewalk area.
(9) 
No sign shall be erected except on the premises of use or activity to which such sign refers or which it identifies or advertises, i.e., no off-premises signs, except this prohibition shall not apply to off-premises signs located in the Industrial-1 Zone and conforming to all the requirements contained within § 59-65.1.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(10) 
No sign advertising the products or anything other than the actual business of the person using the premises shall be permitted on the exterior of any building, except this prohibition shall not extend to off-premises signs conforming to § 59-65.1 and located in the Industrial-1 Zone.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(11) 
No vehicle or mobile sign shall be permitted or used to circumvent the provisions of this Article.
(12) 
Except for an off-premises sign in the Industrial-1 Zone and conforming to each of the conditions set forth in § 59-65.1, no permitted sign shall have a height of more than 15 feet and shall be set back at least 15 feet from the property line.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(13) 
Except for an off-premises sign in the Industrial-1 Zone conforming to the conditions established pursuant to § 59-65.1, no billboard or billboard signs, freestanding or attached to buildings, shall be permitted. No sign otherwise lawful under this section shall be prohibited because of this paragraph.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
O. 
Exempted Signs. The provisions and regulations of this section shall not apply to the following signs; provided, that such signs shall remain subject to the provisions of Subsections E and F herein.
[Amended 11-23-2010 by Ord. No. 10-Code-632]
(1) 
A professional name plate affixed to the door or adjacent wall of premises so used, not to exceed eight inches by 20 inches per professional occupant.
(2) 
A memorial sign or tablet, or a sign indicating the name of a building, or a date of its erection, when cut into any masonry surface or when constructed of bronze or other incombustible material.
(3) 
Signs for public convenience and welfare erected by or on behalf of the United States, the state, the county and the borough, traffic controls in private ways and parking lots, legal notices, railroad crossing signs or other signs as required by law.[1].
[1]
Editor’s Note: Former Subsection O(4), regarding temporary signs advertising specific events for public and charitable purposes permitted at Bush Plaza, amended 11-23-2021 by Ord. No. 21-Code-862, which immediately followed, was repealed 12-24-2024 by Ord. No. 24-Code-953
P. 
Lighting and illumination.
[Amended 9-19-2012 by Ord. No. 12-Code-664]
(1) 
Signs may be internally illuminated, externally illuminated or unilluminated.
(2) 
No person may erect a sign with exposed electrical wires.
(3) 
Strings of bulbs are not permitted, except as part of a holiday celebration. In addition, flashing, blinking, revolving or rotating lights are not permitted.
(4) 
Strings of bulbs may be permitted as part of the site plan review process to decorate trees at the discretion of the Planning Board.
(5) 
No person may erect a sign which flashes, rotates, or has motorized moving parts or which features reflective strips of material that flutter with the wind and create the illusion of movement. Nothing herein shall prohibit the installation of barber poles in association with a barber shop or beauty parlor.
(6) 
No sign shall include neon lighting in its design.
(7) 
Except for off-premises signs conforming to § 59-65.1 located in the Industrial-1 District, internally illuminated signs must be visible only through lettering or other related graphic symbols. The background or field area of the sign must remain opaque and constitute no less than 60% of the area of the sign.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
(8) 
Persons seeking to install internally illuminated signs shall provide a certification from the sign manufacturer that the sign's lighting system will not produce more than 150 nits between dusk and dawn. In addition, persons seeking to install internally illuminated signs shall provide a signed and sealed lighting plan showing computer generated composite lighting contours and a point by point analysis of the proposed light. Light levels at property lines shall be less than 0.1 footcandle.
(9) 
Notwithstanding any other clause in this section, service stations are permitted to have signs with unshielded sources of illumination to communicate pricing information only. Such unshielded light sources shall not exceed 350 nits of luminance between dusk and dawn. The station operator or his representative shall provide a certification from the sign manufacturer attesting to conformance with this standard. In addition, a signed and sealed lighting plan indicating that light levels at property lines do not exceed 0.1 footcandle shall be provided.
(10) 
Externally illuminated signs shall have their light sources fully shielded and directed in such a manner as to avoid shining onto adjoining property or into the eyes of passing pedestrians or motorists.
(11) 
No exterior business sign of any type which is permitted under Subsection G Signs in Residential Zones, hereof, shall be directly illuminated between 12:00 p.m. and 6:00 a.m., prevailing time, except for signs of doctors of medicine, dentistry, and chiropractors.
(12) 
Except for off-premises signs conforming to § 59-65.1 located in the Industrial-1 District, spectacular signs are prohibited, except that a sign located upon premises having frontage on a freeway may have moving or intermittent lights that are only used to give date, time and temperature information, or brief weather reports.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
Q. 
Sign variances. Any person who has been denied a sign erection permit by the Zoning Enforcement Official for any reason may apply for a sign variance to the Board of Adjustment of the Borough.
[Amended 8-22-2018 by Ord. No. 18-Code-772]
R. 
Existing nonconforming signs. Any sign existing on the effective date adopting this section which does not conform with any provision thereof, shall be deemed a nonconforming use and may be continued, maintained and repaired upon its present premises; provided, that such sign was lawful under any prior ordinance. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and therefore is issued by the Zoning Enforcement Official a sign erection permit. A sign which is nonconforming shall not be reconstructed, enlarged, or extended.
S. 
Signs in Downtown-I Zone. Regulations regarding signs in the Downtown-I Zone shall be as follows:
[Added 9-19-2012 by Ord. No. 12-Code-672; amended 8-16-2023 by Ord. No. 23-Code-925]
(1) 
Wall signs shall be limited to a maximum of 8% of the wall area at street level for the store that it is advertising but shall not exceed 30 square feet in area.
(2) 
Lots fronting on two or more streets are permitted signage along each street frontage, but the signage cannot be accumulated and used only on one street frontage.
(3) 
Wall signs may not be located higher than the bottom of the windows of the second level of a multistory building.
(4) 
Multitenant buildings shall have signs with uniform area and height dimensions.
(5) 
Each sign is permitted to include a main title which identifies the name of the store and one subtitle which is a description of the business.
(6) 
The subtitle of the sign may not include a telephone number and must be a smaller font size than the main title.
(7) 
Signs may not be printed in more than two font styles and different font styles on one sign must complement each other.
(8) 
Hanging signs must have the bottom of the sign no less than seven feet above the adjacent sidewalk and may not have an area more than four square feet.
(9) 
The wall sign for an establishment with a hanging sign may not be greater than 5% of the total wall area at street level for the store.
(10) 
Second-floor occupancy of professional or office space shall be permitted one announcement sign per occupancy of not more than two square feet at the main entrance to the building. One nameplate or professional sign with an area of not more than two square feet may be mounted flat against the door of each secondary entrance. Such signs may be exterior illuminated. Building name and address announcements are exempt from these limitations. Signs in second floor office windows shall not exceed 25% of the glass area of the window.
(11) 
A common sign may be erected in a parking lot with facilities for more than 40 cars which service a group of attached stores or a professional building. None of the components announcements shall be larger than any of the others and the total area of the signs shall not exceed 30 square feet. The common sign may be erected as a freestanding sign within the parking lot, provided that it is erected no closer than 10 feet to any property line.
(12) 
Large-scale shopping centers containing over 60,000 feet of retail space in addition to the signs permitted by the above regulations may install one freestanding sign along but no closer than 12 feet to each arterial roadway it has frontage along. Said sign shall not have more than two faces. Neither sign face shall exceed 30 feet in area. The top of said sign shall not exceed 15 feet above grade. A landscaping component shall be planted and maintained in association with the sign.
(13) 
The following sign provisions shall govern all signage associated with gasoline and service stations:
(a) 
One freestanding sign bearing the brand, trade name and/or trademark with unit prices of the station, not exceeding 30 square feet on each side shall be permitted. The bottom of the sign shall not be less than eight feet from the average grade elevation below the sign, nor shall any part of the sign be more than 15 feet above ground level.
(b) 
No sign shall be permitted on or above a canopy over the fuel dispensers.
(c) 
Signs are permitted attached to fuel pumps indicating the unit price per gallon of fuel. Such signs shall not exceed one square foot in area per sign per individual pump.
(d) 
No signage may be illuminated after business hours.
(e) 
Lettering or other insignia which are a structural part of the gasoline pumps, as manufactured, shall be permitted.
(f) 
Signs required by law and credit card signs may be placed on or near the gasoline dispensing islands, not to exceed a maximum two square feet per sign per island.
T. 
Signs in Downtown-II Zone. Regulations regarding signs in the Downtown-II Zone shall be as follows:
[Added 9-19-2012 by Ord. No. 12-Code-673; amended 8-16-2023 by Ord. No. 23-Code-926]
(1) 
Wall signs shall be limited to a maximum of 8% of the wall area at street level for the store that it is advertising but shall not exceed 30 square feet of signage.
(2) 
Lots fronting on two or more streets are permitted signage along each street frontage, but the signage cannot be accumulated and used only on one street frontage.
(3) 
Wall signs may not be located higher than the bottom of the windows of the second level of a multistory building.
(4) 
Multitenant buildings shall have signs with uniform area and height dimensions.
(5) 
Each sign is permitted to include a main title which identifies the name of the store and one subtitle which is a description of the business.
(6) 
The subtitle of the sign may not include a telephone number and must be a smaller font size than the main title.
(7) 
Signs may not be printed in more than two font styles and different font styles on one sign must complement each other.
(8) 
Hanging signs must have the bottom of the sign no less than seven feet above the adjacent sidewalk and may not have an area more than four square feet.
(9) 
The wall sign for an establishment with a hanging sign may not be greater than 5% of the total wall area at street level for the store.
(10) 
Second-floor occupancy of professional or office space shall be permitted one announcement sign per occupancy of not more than two square feet at the main entrance to the building. One nameplate or professional sign with an area of not more than two square feet may be mounted flat against the door of each secondary entrance. Such signs may be exterior illuminated. Building name and address announcements are exempt from these limitations. Signs in second-floor office windows shall not exceed 25% of the glass area of the window.