Thornbury Township City Zoning Code
ARTICLE 20
SIGNS AND OUTDOOR ADVERTISING
§ 27-2001 Legislative Findings and Intent.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
The Thornbury Township Board of Supervisors hereby finds as follows:
A.
Exterior signs have a substantial impact on the character and quality of the environment.
B.
Signs provide an important medium through which individuals may convey a variety of messages, including those that benefit general public safety, welfare and convenience.
C.
Signs can create traffic hazards, aesthetic concerns, and detriments to property values, and thereby threatening the public health, safety, and welfare.
D.
Since as early as 1976, the Thornbury Township Zoning Code included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community while protecting the Township and its citizens from a proliferation of signs of a type, size, location, and character that would adversely impact upon the aesthetics of the community and threaten the health safety and welfare of the community. The regulation of the physical characteristics of signs within the Township has had a positive impact on traffic safety and the appearance of the community, and the preservation of historic and cultural resources of the Township.
2.
Specific Purpose and Intent. The expressed purpose and intent of this article is to:
A.
Regulate the number, location, size, type, illumination, and other physical characteristics of signs within the Township in order to promote the public health safety and welfare.
B.
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 Township, including places, buildings, and neighborhoods of historical significance.
C.
Maintain enhance and improve the aesthetic environment of the Township by preventing visual clutter that is harmful to the appearance of the community and protection of its natural and historic resources.
D.
Improve the visual appearance of the Township while providing for effective means of communication consistent with constitutional guarantees and the Township goals of public safety and aesthetics.
E.
Provide for fair and consistent enforcement of the sign regulations, in a content-neutral manner, as set forth herein under the zoning authority of the Township.
3.
It is not the purpose or intent of this article to regulate the message displayed on any sign, nor is it the purpose or intent of this article to regulate any building design or any display not defined as a sign or any sign which cannot be viewed from outside a building.
§ 27-2002 Protection of Noncommercial Speech and Expression.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
A sign maybe constructed, installed, erected, mounted, displayed, or maintained in the Township only in conformance with the provisions of this article.
A.
Signs containing noncommercial speech are permitted anywhere that advertising, business or institutional signs are permitted, subject to the same regulations applicable to signs containing commercial speech.
B.
Notwithstanding any other provisions of this article, within any zoning district, and with the permission of the property owner, any number of additional accessory signs of any permitted size containing noncommercial speech may be posted on private property five weeks in advance of any general or primary election and until 10 days following the general or primary election, and five weeks prior to any special election and until 10 days following the special election. Such signs shall not be placed within a public street right-of-way or block the visibility of any lawfully established traffic signs or controls, or driveway entrance or exit. Signs near driveways shall comply with the minimum sight clearance standards established by 67 Pa.Code, Chapter 441, as amended.
2.
The owner of any sign which is otherwise allowed by this article may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary.
§ 27-2003 Permits, Exemptions, and Appeals.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
Permit Required. Except as set forth in this section to the contrary, no person shall erect, alter, repair or relocate any sign that requires a permit without first obtaining a permit from the Township. No permit shall be issued until the Zoning Officer determines that such work is in accordance with the requirements contained in this article, and the Zoning Officer determines such work will not violate any building, electrical or other applicable code of the Township. This section shall not be construed to require a permit for a change of copy, nor for the repainting, cleaning and other ordinary maintenance or repair of a sign or structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way, or valid conditions of a previously issued permit are not proposed to be violated. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit, except as such might be prohibited and unlawful pursuant to § 27-2004 and Article 4, "Obscene Materials," Chapter 6, of the Thornbury Township Code of Ordinances.
A.
Application. All required sign permit applications shall be filed on forms supplied by the Township. The application shall contain the information and documents required by this article and shall be accompanied by the required permit fee.
B.
Permit Application Contents. A completed application for a sign permit shall include the following:
(1)
The name, address, tax folio number, and telephone number of the property owner, and to the extent the applicant is one other than the property owner, an affidavit from the property owner authorizing the applicant to act as agent for purposes of the application.
(2)
The name, address, telephone and registration number of the engineer, when applicable.
(3)
The name, address, telephone and license number of the sign contractor/manufacturer, when applicable.
(4)
The address, zoning district, building frontage and road frontage of the premises where the sign is to be erected.
(5)
The type of sign, aggregate sign area, height and location of all signs currently displayed on the premises.
(6)
The type of sign, aggregate sign area, height and location of the sign or signs proposed to be erected on the premises.
(7)
A fully dimensioned and scaled site plan showing the lot frontage, building frontage, parking areas, and location of all existing and proposed signs. For freestanding signs, the site plan must show the distance from the right-of-way and edge of pavement.
(8)
A sign plan shall include the following:
(a)
A summary table listing the location, type and area of any existing and proposed signs.
(b)
A fully dimensioned and scaled elevation drawing of any proposed sign, showing sign type, height, structure and sign area.
(c)
For building signs, an elevation of the building, showing placement of any sign.
(d)
If the sign is to be electrically lighted, additional information regarding the testing laboratory, or the Nationally Recognized Testing Laboratory (NRTL) Listing or File Number, and the name and address of the manufacturer and electrical contractor.
(e)
Information regarding the type of construction, sign supports and electrical details and if applicable, certifications.
C.
Permit Application Review and Time Limits. Upon receipt of a completed permit application by the applicant, the Zoning Officer shall promptly conduct a review of the application, the proposed sign and the premises. The Township shall grant or deny the permit application within 30 days from the date the completed application was submitted for approval. Applicants may request a time extension in writing.
(1)
Any sign proposed for a site, property, and building on the HRI and not exempt from permit requirements by virtue of either § 27-2003 or § 27-2005 shall require review by the Thornbury Township Historical Commission (HC). In such a case, the Zoning Officer will forward a copy of the application materials to the HC Chair, or HC designated representative within five days of a complete application being received. The HC shall report the results of its review of the permit application within 21 days after receipt of the application. The HC will transmit its written report to the Zoning Officer. In the event that the Zoning Officer has not received a report from the HC by the 21st day, the Zoning Officer may act on the application without the report from the HC.
(2)
The Historical Commission, may in its review of a sign permit application, make recommendations intended to insure that the character of the signs are harmonious with the character of the structures on which they are to be placed, provided that such recommendations are reasonably related to other conforming signs and conforming structures on the premises and in the contiguous area, do not unreasonably restrict the amount of signage allowed by this article, and are in keeping with the intent of applicable design review guidelines. Among other things, consideration shall be given to the location of the signs on the structure in relation to the surrounding buildings, the use of appropriate materials, the size and style of lettering and graphics, and the type lighting. The HC shall not have jurisdiction over or review the substantive content of any sign or the issuance or denial of a permit, but rather will restrict itself to reviewing location, size, design, shape, color, style, texture, and manner of display and presentation.
D.
Permit Fees. The permit fee for signs shall be determined pursuant to the permit fee schedule established by separate resolution of the Thornbury Township Board of Supervisors, from time to time.
E.
Permits for Portable or Mobile Signs. A permit for a portable or mobile sign may be issued for any one premises for no more than four times during a calendar year; provided, however, the permit shall be issued for not more than a total of 15 days and the total number of days shall not exceed 60 days during any consecutive period of 365 days. Such issuance shall be consistent with the terms and conditions of §§ 27-2005 and 27-2006 of this article.
F.
Temporary On-Premises Sign Permits. Pursuant to § 27-2006, a permit may be issued for a period not to exceed 90 days in any one year.
G.
Post Permit Issuance and Installation Documentation. The applicant to whom a sign permit has been issued shall submit a photograph of the sign as erected, installed, or placed within 30 days of the construction, erection, installation, or placement of the sign. The photograph shall show the sign in its completed form with structural supports, mountings, components, bracing, etc. The photograph can be submitted in either digital form on or via appropriate media, or on photographic paper. The Zoning Officer (or Township) shall create and maintain the photograph in a file, and create a database or list of said photographs indexed by location, applicant name, date, and permit number.
H.
Inspections. Signs for which permits have been issued may be inspected, as determined by the Township, during and at completion of construction, after erection and at such other times as deemed necessary by the Township. Authority for and time of such inspections shall be as follows:
(1)
Annual Inspection. Signs shall be maintained in a safe manner free of plainly discolored, uneven, or peeling paint. All copy shall be clearly legible. Each sign may be inspected annually by the Township to determine whether the sign is being maintained in conformance with this article and the permit issued therefore.
2.
Exemptions for Which No Permit Is Required. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this article or any other law, code or ordinance regulating the same. The following signs are exempt from the permit requirements of this article, provided, however, that such signs must comply with all other requirements of this article:
A.
The changing of the display surface on a painted or printed sign, only, provided the change is within the bounds and conditions of any permit issued by the Township. This exemption, however, shall apply only to poster or flyer replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
B.
Official notices authorized by a court, public body, or public safety or health official.
C.
Signs required by law, code or ordinance to be erected within the public right-of-way, including directional, warning, or informational signs authorized by federal, state, or municipal government.
D.
Address signs and combination nameplate and address signs that contain no advertising copy and which do not exceed eight square feet in area.
E.
Signs six square feet or less in area, and not otherwise prohibited. This exemption includes residential identification signs of less than six square feet in area.
F.
Religious symbols and seasonal and holiday decorations.
G.
Flags on flagpoles or staffs not to exceed six feet by eight feet (this does not include pennants, streamers, and the like on stringers).
H.
Signs erected on public property by governmental agencies having jurisdiction, or utilities, including traffic, utility, safety, railroad crossing and identification signs for public facilities and any signs erected by the Township.
I.
One sign, memorial plaque, or tablet per building, of four square feet or less, when cut into any masonry surface, or when constructed of bronze or routed or blazed into wood, and attached to the surface of a building; or, erected on a post or pedestal independent of a building with a total height not to exceed four feet in height.
J.
Signs incorporated into machinery, equipment, vending machines, or other products by the manufacturer of same.
K.
Signs carried by a person.
L.
Temporary noncommercial signs.
M.
Temporary window signs.
N.
Permitted accessory signs association with a site or building within or on which construction, renovation, remodeling, or repair is occurring, or a site upon which tree trimming or harvesting, or excavation (not mineral or gas extraction) is occurring.
O.
Permitted accessory signs associated with a site, building, or other real estate, or portion thereof, which is for sale, rent or lease.
P.
Painted and/or applied wall accents and decorations, or illuminated building accents and decorations.
Q.
Public art, including permitted original art murals (except in any designated Historic District and on properties listed in the Township's Historic Resources Inventory).
R.
Decals. Decals and/or logos affixed to windows or door glass panels, such as those indicating membership in a business group, service organization, or identifying credit cards accepted at the establishment where individual decals do not exceed 0.5 inches square inches in area, and the total area of such decals on any single window or door does not exceed two square feet.
S.
Handicapped Parking Space. Signs reserving parking spaces for handicapped individuals in compliance with federal (ADA), state, or local law or regulations, where the signs individually do not exceed two square feet in area.
T.
Residential Private Drive Signs. On-premises private drive signs where no more than one sign per driveway entrance, not exceeding two square feet in area is placed.
U.
Security and Warning Signs. On-premises signs regulating the use of the premises, or warning of hazards such as "no trespassing," "no hunting," "no soliciting," or "beware of dog" signs that do not exceed one sign of two square feet in area in residential areas and one sign five square feet in area in commercial and industrial zones. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with any applicable state law.
§ 27-2004 General Sign Regulations.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
Regulations Pertaining to Off-Premises Signs. Off-premises signs are prohibited, except as permitted in accordance with § 27-2006.
2.
General Location Restrictions.
A.
No sign shall be erected, constructed or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. A sign shall not be attached in any form, shape or manner to a fire escape, nor be placed in such manner as to interfere with any opening required for legal ventilation.
B.
No sign shall be erected such that when erected, will extend over or across a public vehicular right-of-way. Only the Township shall have authority to place a banner, permanent or temporary, over or across a public right-of-way or upon Township property.
3.
Signs Projecting over a Pedestrian Right-of-Way. Signs projecting from a building or extending over a pedestrian right-of-way shall maintain a clear height of 10 feet above grade and they shall maintain a minimum of five feet of clearance from curb line or the edge of pavement.
4.
Accessory Temporary Signs Associated with Premises Which Are for Sale, Rent, or Lease.
A.
Residential Uses and Parcels. Any residential parcel or building or dwelling which is for sale, rent or lease in a Residential or Nonresidential Zoning District may have an additional accessory temporary sign for each street yard, or building face having an entrance. The area of the sign shall not exceed six square feet for residential parcels less than five acres, but for parcels of five acres or more the area of the sign shall not exceed 24 square feet. The sign may be a ground sign or wall sign. See Subsection 9 for the treatment of double-faced signs.
B.
Nonresidential Uses and Parcels. Any nonresidential parcel or building, or portion of a building, within a Nonresidential Zoning District which is for sale, rent or lease may have an additional accessory temporary sign for each street yard or building face having an entrance. The area of the sign shall not exceed 12 square feet for parcels less than five acres, but for parcels of five acres or more the area of sign shall not exceed 24 square feet. The sign may be a ground sign or wall sign. See Subsection 9 for the treatment of double-faced signs.
C.
Nonresidential Uses and Parcels in Residential Zoning Districts. Any nonresidential parcel or building, or portion of a building, within a Residential Zoning District which is for sale, rent or lease may have an additional accessory temporary sign for each street yard or building face having an entrance. The type and size of the sign must conform to standards of this section.
D.
Removal. Accessory temporary signs must be removed within five days of the subject parcel, building, premises or unit being sold, leased, or rented.
5.
Signs Associated with Properties Undergoing Construction or Repair.
A.
A property undergoing construction or repair within a Residential Zoning District may have one additional accessory temporary sign not to exceed six square feet, but not exceeding 12 square feet if the parcel is five acres or more in area.
B.
A property undergoing construction within a Nonresidential Zoning District may have two additional accessory temporary signs not to exceed 12 square feet, but not to exceed 48 square feet if the property is more than five acres in area.
D.
The sign(s) shall be removed within 15 months of installation, or removed upon issuance of a certificate of occupancy, or otherwise within 30 days of completion of construction or repair, whichever happens first.
6.
Permanent Banners.
A.
Banners used as permanent signs are allowed in all Nonresidential Zoning Districts and will be included in the total square footage of permanent signage allowed on the site. Permanent banners must comply with minimum street setbacks. Temporary banners are regulated under § 27-2007.
B.
Permanent banners are subject to the standards for either wall/fascia signs or projecting signs depending on how the banner is supported or anchored. Permanent banners shall not be free-standing.
7.
Setbacks by Zoning District. Signs shall conform to the following setback regulations for the zoning district in which the signs are located except as otherwise specified in this section. Setback distances shall be interpreted as minimum distances, unless expressly stated otherwise. Setbacks for freestanding and projecting signs are specified in Table 27-2004.
9.
Calculation of Sign Area.
A.
Each surface or sign face utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall maximum square footage permitted for a sign, except double-faced signs in which two sign faces are parallel, back to back, of identical area, and not more than two feet from each other. Such double-faced signs shall be counted as one sign, and area of only one face counted against the maximum permitted area per sign and for maximum total of all signs of a type (see, also, Tables 27-2008-A and 27-2008-B).
B.
The area within the frame of a sign shall be used to calculate the square footage and shall constitute the sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. Symbols, flags, pictures, wording, figures, or other forms of graphics painted on or attached to windows, walls, awnings, freestanding structures, suspended by balloons or kites, or on persons, animals, or vehicles are considered a sign and are included in calculating the overall square footage. The following provide guidance for signs of unusual or special shape:
(1)
Cube sign. 1.4 times the area of one sign face counted. Area = 1.4 (W x H).
(2)
Cylindrical sign. Sign area equals the average of 1/2 of the circumference of the sign and of the diameter of the sign, times the height of the sign. Area = (PiD/2 + D)H = 1.285D x H where Pi = 3.1416.
(3)
Triangular sign-one face counted when the three faces of the sign form an equilateral triangle. If the sign is not an equilateral triangle, the sign area shall be the area of the largest face. Area = (W x H) for largest face.
10.
General Sign Illumination Standards.
A.
Illumination in All Zoning Districts. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. Commercial and industrial uses adjacent to residential uses shall require shielding of sign lighting fixtures, and operation of sign lighting will be prohibited from 10:00 p.m. to 6:00 a.m. each day.
B.
Signs may be illuminated consistent with the following standards:
(1)
A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of 350 cd/m2 or Nits, regardless of the method of illumination.
(2)
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
(3)
All illuminated signs must comply with the maximum luminance level of 350 cd/m2 or Nits at least 1/2 hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
C.
All on-premises electric signs, outline lighting systems and skeleton neon lighting systems shall be manufactured and installed in compliance with NFPA 70, the National Electric Code (NEC).
11.
Maximum Height in all Zoning Districts. Notwithstanding specific district or use provisions to the contrary, the top of a sign including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached or 35 feet above existing ground level whichever height is less. Signs including any superstructure standing or erected free of any building or other structure shall not exceed an overall height of 35 feet from ground level and shall be located on land in an area which is landscaped, or if such land is part of an approved parking area, it shall be surfaced or paved as required in this chapter.
A.
Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structure's height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure.
B.
Site Lines at Intersections. Freestanding signs including ground signs, shall not obstruct driver vision within the triangular site line at street and road intersections. The area under and around such signs shall be landscaped and maintained so as not obstruct pedestrian and driver views of cross traffic.
C.
As a public service, and where permitted, the area of a sign or EMC dedicated solely to presenting a time and temperature message shall not be counted against the maximum sign or EMC area, provided that the time and temperature area does not exceed eight square feet. The visible area may be digital or a dial.
12.
Prohibited Signs. Any sign not expressly permitted by this article is prohibited, including without limitation, the following signs:
A.
Animated and flashing signs, or signs that flash or produce glare, or twinkle, oscillate in light intensity or frequency (color), or have a similar effect. This prohibition shall not apply to changeable copy signs as specifically permitted by this article.
B.
Snipe signs including signs painted attached or in any other manner affixed to trees rocks or similar natural surfaces or attached to public utility poles, traffic signs, bridges, towers, or similar public structures.
C.
Signs that rotate or revolve.
D.
Signs on public property, except signs erected or authorized by a governmental agency having jurisdiction.
E.
Banners, banner signs, pennants, searchlights, twirling signs, "A" frame, sandwich board signs, sidewalk or curb signs and inflatable signs, except as may be expressly permitted pursuant to the special activity permitting procedures, or when utilized as temporary window signs or commercial service bay opening signs.
F.
Roof signs.
G.
Signs that emit audible sound, odor, or visible matter such as smoke or steam.
H.
Abandoned signs.
J.
Signs which face contiguous residentially used or zoned property.
K.
Signs, commonly referred to as wind signs, consisting of one or more banners, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or mechanically blown air, except for flags.
L.
Signs with optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion, except where specially permitted per § 27-2007.
M.
Signs or sign structures that interfere in any way with the free use of any fire escape, emergency exit, or standpipe, or that obstruct any window to such an extent that the light or ventilation is reduced to a point below that required by any provision of this article or other code or ordinances of the Township.
N.
Any sign which is located, constructed, or maintained in such a way that such sign may be confused or interfere with official traffic signs, signals or devices placed by any governmental agency having jurisdiction of the right-of-way, or which may obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
P.
Vehicle signs.
Q.
Balloons, balloon signs, and inflatable signs of all kinds.
T.
Any sign with day glow, phosphorous, fluorescent, or neon in a Historic District or associated with a historic site or building on the HRI.
U.
In general, lighted signs in Residential Zoning Districts, except for signs associated with places of assembly and worship, public property, institutions, schools, or entrances and exits to a residential development. See § 27-2007 for certain exceptions regarding EMCs approved by special exception.
13.
Sign Maintenance Required. All signs, together with their supports, braces, guys and anchors, shall be kept in good order and repair. The Township may order repair, rehabilitation, or removal of any sign not maintained in accordance with the provisions of this article.
§ 27-2005 Signs Associated with Properties Listed on Thornbury Township Historic Resources Inventory.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
The provisions of this section are designed to preserve, maintain, protect and enhance the historic character of any Historic District (HD) as well as any properties listed on the Historic Resource Inventory (HRI) by ensuring that signage is in keeping with the character of these areas.
A.
Content and Advertised Message; Changeable Messages.
(2)
For signs bearing commercial speech and with changeable message panels, accessories, or zip tracks, the changeable message area of the sign shall not exceed 30% of the total sign area. Reverse white or light-colored lettering with no white background is required. Fluorescent colors and lighting are prohibited. Electronic changeable message boards or electronic variable message signs (EVMS) and electronic message centers (EMC) shall be prohibited. The changeable message area of signs designed to bear only Noncommercial speech shall not exceed 80% of the total sign area.
2.
Special Regulations for Nonresidential Uses by Type of Sign.
A.
Sign Types.
(1)
Free standing signs in accordance with Table 27-2005, below.
(2)
Building Mounted Signs.
(a)
Maximum Sign Area. One square foot sign area for each lineal foot of building frontage on a public street occupied by the nonresidential use, with a maximum sign area of 16 square feet. If the portion of a building occupied by a nonresidential establishment does not have public street frontage, the building width occupied by the nonresidential establishment at its main entrance shall be used to calculate permitted sign area. Where more than one nonresidential establishment shares a main entrance on the exterior of the building, one sign shall be permitted for all of the establishments sharing the entrance and the sign area shall be calculated based on the building width at the entrance utilized by the nonresidential establishments sharing the entrance, with a maximum sign area of 16 square feet.
(b)
Buildings Fronting on More than One Public Street. Each frontage shall be considered separately when calculating building mounted sign area. The maximum sign area on anyone side of the building may not exceed 16 square feet.
(c)
Rear Entrances. When a nonresidential establishment has a rear entrance from an adjacent parking lot, additional building mounted signage shall be allowed at the rear entrance as follows: one square foot of sign for each lineal foot of exterior building width occupied by the nonresidential establishment at the rear entrance, with a maximum sign area of 16 square feet.
(3)
Projecting Signs. Sign area shall be deducted from maximum sign area allowed by subparagraph (2)(a), above.
(4)
Special Temporary Signs. Non-illuminated temporary signs attached to windows or doors, or hung behind and within three feet of the windows or doors shall be permitted. The maximum sign area for all temporary signs for an individual business shall not exceed an area of 1/2 of the permitted permanent building mounted sign area. The area of temporary signs shall not be counted as building mounted sign area. A temporary sign shall be displayed not more than 30 days during a period of 365 consecutive days.
(5)
Portable and Mobile Signs. Portable and mobile signs are only permitted pursuant to § 27-2006, but the maximum permissible area of such signs shall be reduced to 24 square feet, and the maximum period of display shall not exceed 30 days per calendar year. A-frame signs are permitted, but wheeled signs and signs on trailers are prohibited.
(6)
Flags. Three wall mounted decorative flags, each not to exceed 15 square feet in area, shall be allowed for a nonresidential establishment. Such decorative flag shall not project above the highest point of the roof of the building, nor shall it be attached to or mounted on top of a roof. The area of the decorative flag shall be deducted from the building mounted sign area allowed by § 27-2005. Two flags of any nature, each not exceeding 24 square feet in area, may also be placed on a flag pole in either a street yard or rear yard of a nonresidential establishment, but not within a public street right-of-way.
(7)
Clocks. In the interest of public safety and convenience, wall, projecting, and freestanding dial face outdoor and street clocks (with or without) chimes shall be permitted provided that they do not encroach into a vehicular cartway. The area of such clocks shall not be counted against the maximum area allowed for wall, projecting, or freestanding signs, respectively, Chiming shall be limited to 7:00 a.m. to 8:00 p.m. Monday through Thursday, 7:00 a.m. to 10:00 p.m. on Friday, and 9:00 a.m. to 10:00 p.m. on Saturday, and 9:00 a.m. to 8:00 p.m. on Sunday.
B.
Illumination of Signs. The light from any illuminated sign for a HRI property shall not cause direct glare into or upon any building or property other than the building or property to which the sign may be related.
(1)
Internally illuminated signs shall be prohibited; otherwise, the illumination standards of this section and § 27-2004, whichever are more restrictive, shall apply.
(2)
No sign shall display flashing or intermittent lights, or other lights of changing degrees of intensity, brightness or color.
(3)
Neither the direct nor reflected light from an illuminated sign shall be located so as to create a traffic hazard to operators of motor vehicles on public thoroughfares.
(4)
The outlining of all or a portion of the exterior of a building, or building windows with lights or neon tubing shall be prohibited. The stringing of lights or neon tubing on-site features, including, but not limited to, light poles, shrubbery, trees, signs, and fences is prohibited. Seasonal and holiday (secular or religious) decorations displayed shall be exempted from this requirement within 60 days in advance of the holiday, and 30 days following the holiday.
C.
Construction Sites and Sites for Sale, Lease or Rent. The number and area of additional accessory temporary signs permitted by virtue of § 27-2004 shall be reduced to one additional accessory temporary sign not exceeding six square feet for residential uses and eight square feet for nonresidential uses regardless of parcel size or number of street yards.
Table 27-2005 | ||
|---|---|---|
Free Standing Signs on HRI Nonresidential Establishment Properties | ||
Configuration of the Nonresidential Establishment(s) | ||
Regulated aspect | Single nonresidential establishment on a single lot | 2 or more nonresidential establishments in the same building or in the same lot, or on adjoining properties under same ownership with shared parking lots and/or driveways. |
Maximum number of freestanding signs | 1, but 2 if establishment has a rear entrance from an adjoining parking lot, second sign must be placed at rear entrance | 1 for each establishment with a separate main entrance; 1 shared sign where 2 or more establishments share a main entrance. Where 1 or more establishments have a rear entrance from an adjoining parking lot, a second sign may be placed at rear entrance. |
Maximum sign face area | 8 SF | 8 SF |
Maximum height | 12' Note* | 12' Note * |
Maximum number of signs on 1 pole or supporting structure | 1 | 1 |
Projection over Township ROW or property** | Bottom of each sign shall be at least 7 feet above ground level, and edge of sign must be 5 feet from the curb line or edge of pavement | Bottom of each sign shall be at least 7 feet above ground level, and edge of sign must be 5 feet from the curb line or edge of pavement. |
Location on Twp. ROW | Prohibited | Prohibited |
Illumination: internally illuminated signs | Prohibited | Prohibited |
Separate signs attached to the freestanding sign or its supports | Prohibited | Prohibited |
Notes: | ||
|---|---|---|
* | Except for a decorative iron bar cresting above the sign which may extend above the twelve-foot height to a maximum of 14 feet, provided that the bar-iron is no larger than 0.75 inches by 1.5 inches in cross section. | |
** | The sign owner shall indemnify the Township from all liability claims in accordance with § 27-2003. | |
§ 27-2006 Temporary On-Premises Signs, Temporary Off-Premises Signs, Special Event Signs, and Portable Signs.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
The following temporary off-premises and off-premises special event signs are permitted; provided, that:
A.
No more than five civic event signs which do not exceed six square feet each and are not erected for more than 30 days in any calendar year, and are removed within five days of the end of the event.
B.
No more than four directional or way-finding open house signs which do not exceed two square feet, are kept within a radius of one mile of the development or premises for sale, lease or rent, are placed only at locations where a change of direction is involved, and are removed within 48 hours of placement.
C.
No more than four signs for the sale of farm or agricultural products which do not exceed six square feet, and are removed when the farm product is no longer available.
D.
One temporary memorial sign which does not exceed two square feet.
E.
No more than four yard sale signs which do not exceed six square feet, are erected no more than five days before the sale and are removed at the conclusion of the sale.
F.
These temporary off-premises and special event signs shall be placed so as not to obstruct traffic or traffic control signs and be constructed of collapsible materials that will not pose a hazard to motor vehicles, bicycles, or pedestrians if struck. The attachment of balloons, streamers, or pinwheels is prohibited.
2.
Temporary On-Premises Signs.
A.
Signs that meet the standards of this section are exempt from the standards for permanent signs and are not counted in the total square footage of signage allowed on any particular property or site. Signs that do not meet the standards of this section are subject to the standards for permanent signs.
B.
Temporary signs may have external or internal illumination.
C.
Temporary Banners. Temporary banners are subject to the following regulations:
(1)
In all residential zones, temporary banners are not permitted on sites with houses, duplexes, and attached houses. Exception: banners for holidays, religious commemoration, community events, events limited to the residents of a development, and special family events.
In apartment and condominium complexes, as well as permitted nonresidential use sites, within all residential zones, one banner no larger than 32 square feet in size is permitted per site for a period of time not to exceed 90 days per calendar year. Banners that do not meet the regulations of this section, must meet the standards for permanent signs. |
(2)
In the I, LI, C, M, Q-1, and Q-2 Zoning Districts, one banner no larger than 32 square feet in size is permitted per property or, on a multi-use property, per storefront, office, or establishment, only one of these banners may be hung on each building wall or on each separate structure. All banners, must also meet the following standards:
D.
Temporary Wall or Fascia Signs. One temporary wall sign is allowed per street frontage in the Institutional, Commercial and Limited Industrial Zoning Districts. Temporary wall signs may be up to 32 square feet in area. Temporary wall signs may not extend above roof lines. Extensions into the right-of-way are prohibited. A temporary wall sign may be displayed no longer than 90 days per calendar year. The sign shall be or not contain an EMC.
E.
Temporary Freestanding or Portable Signs. One temporary freestanding sign is allowed per property in the I, LI, C, M, Q-1, and Q-2 Zoning Districts, and is not counted in the total square footage of permanent signage allowed on the site. Temporary freestanding signs may be up to 32 square feet in area. Extensions into the right-of-way are prohibited. A temporary freestanding sign may be displayed no longer than 60 days per calendar year. No portion of the sign shall contain a EMC. This type of sign includes A-frame and wheeled signs.
§ 27-2007 Electronic Message Centers (EMC).
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
EMCs arc permitted only by special exception in the zoning districts specified in this section and Tables 27-2008-A and 27-2008-B and in accordance with sign areas cited therein. Setbacks established in Table 27-2004 shall apply.
2.
Additional General EMC Regulations.
A.
An EMC sign shall only be a portion of the area of a wall sign or freestanding sign.
B.
All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the EMC lighting level at night into compliance with § 27-2004.
C.
Exterior EMCs shall not be permitted on properties listed on the Thornbury Township Historic Resource Inventory (HRI). Interior EMCs shall not be visible from the exterior of a historic building listed on the HRI, nor placed in the window of any such building within so as to be visible from the exterior of the building.
D.
An applicant requesting a permit for a EMC shall provide a manufactures certification of compliance with the National Electric Code (NEC) and the Listing Label Number or, if the sign has not been manufactured yet, through Nationally Recognized Testing Laboratory (NRTL) validation: A NRTL file number from the sign manufacturer shall be provided. In addition, certification shall be provided that the dimming controls or software is capable of complying with the § 27-2004.
3.
EMC Regulations by Zoning District.
A.
In Residential Zones, EMC signs are permitted only in certain circumstances and only by special exception in accordance with § 27-2007. They are otherwise prohibited in Residential Zones.
(1)
When permitted in Residential Zoning Districts, EMC signs shall have a minimum display time of 60 seconds. The transition time between messages and/or message frames is limited to one second.
(2)
When otherwise permitted in Residential Zoning Districts, the following EMC display features and functions are prohibited: scrolling, traveling, flashing, spinning, rotating, fade, dissolve, any other moving effects, and all dynamic frame effects or patterns of illusionary movement or simulated movement.
B.
In I, C, and M Zoning Districts, EMC signs shall have a minimum display time of 15 seconds. The transition time between messages and/or message frames is limited to three seconds and these transitions may employ fade, dissolve, and/or other transition effects; provided, however, that continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement are prohibited.
C.
In the LI Zoning District, all EMC display features and functions are permitted, with the exception of (1) flashing, and (2) full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC.
§ 27-2008 Permitted Signs and other Sign Standards by Use and Zoning District.
1.
Residential Use/District. The type, number, size, and height of signs for residential uses and properties is specified in Table 27-2008-A.
2.
Nonresidential Use/District. The type, number, size, and height of signs for nonresidential uses/districts and properties is specified in Table 27-2008-B.
3.
EMCs. The conditions under which EMCs are permitted are specified in Tables 27-2008-A and 27-2008-B and § 27-2007.
4.
Illumination. The standards for illumination of signs, including EMCs, are specified in § 27-2004.
§ 27-2009 Conformance and Nonconforming Signs.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
Nothing contained in this article shall be construed to relieve any person of the obligation to remove a sign which was required to be removed under prior law, code or ordinance.
2.
Any sign made nonconforming by this article, and subsequent amendments shall be considered a nonconforming sign subject to the limitations of this article.
3.
A nonconforming sign may not be enlarged or altered in a way which increases its degree of nonconformity, but any sign or portion thereof may be altered to decrease its degree of nonconformity.
4.
A nonconforming sign shall not be structurally altered to prolong the life of the sign. Reasonable repair and maintenance of nonconforming signs, including change of copy, is permitted. Reasonable repair and maintenance means the work necessary to keep the sign, including the sign structure, in a good state of repair, but does not include replacement of materials in the sign structure. Reasonable repair does not include, among other things (A) any modification that changes the structure, or type of structure, such as conversion of a wooden sign structure to a metal sign structure, (B) any modification, including the addition of embellishments, that changes the sign area or the height above ground level, (C) any modification that enhances the visibility of the signs copy, or the period of time that the copy is visible, (D) any modification that adds changeable faces, or (E) any modification that adds artificial lighting, or changes the existing lighting such that illumination is increased.
5.
Should a nonconforming sign be damaged or destroyed by any means to an extent of more than 50% of its replacement value at the time of damage or destruction, it shall not be reconstructed or restored except in conformance with this article.
6.
A nonconforming sign, which has not displayed an on-premises message for a period of one year shall be rebuttably presumed to be abandoned by its owner. Any such sign which has not been maintained and has not displayed an on-premises message for two years shall be conclusively presumed to be abandoned by its owner.
§ 27-2010 Outdoor Advertising.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
Purpose. It shall be the purpose of this section to provide opportunities for outdoor advertising through the use of billboards in zoning districts where such are permitted as a principal use:
A.
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 Township, including places, buildings, and neighborhoods of historical significance.
B.
Ensure that outdoor advertising is provided for in the Township and located safely and appropriately where it can be viewed by the traveling public with the least distraction and degradation in driving performance.
C.
Place reasonable limits on outdoor advertising within the Township.
D.
Provide a timely and effective means for emergency and public service dissemination of information.
E.
Promote quality, appearance and safety of outdoor advertising through the use of the latest digital technology.
2.
Use, Area, Bulk and Height Regulations for Billboards.
A.
Use. Billboards shall be permitted only in accordance with this section.
B.
Area, Bulk, and Height Regulations. The following area and bulk requirements shall exclusively govern the regulation of billboards permitted in the Township:
(1)
A minimum lot size equal to 150% of the height of the billboard shall be provided on all four sides (front, rear and side yards). The lot shall be free from all other buildings, structures, and improvements, except those demonstrated to be necessary for the operation, maintenance or security of the billboard.
(2)
The maximum height of the highest point of the billboard, including its support structure, shall not exceed 35 feet from existing grade, provided, however that in the event an applicant affirmatively demonstrates that the maximum height of 35 feet is not sufficient for the billboard to be viewed from the nearest public road right-of-way, the height maximum height allowed through the conditional use process may be increased to a maximum height not to exceed 50 feet.
(3)
No point of the lowest parallel plane of a billboard, including its support structure, may be closer to the ground than 20 feet.
(4)
No billboard may be closer than 1,000 feet from any other billboard, as measured between the closest points of each billboard, including its support structure.
(5)
Notwithstanding the above, no billboard shall be located within the safe clear sight distance or safe stopping distance of a signalized intersection, which distance shall be determined in accordance with applicable PennDOT standards; and no part of a billboard shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public or private street, entrance, or driveway.
C.
General Requirements for Billboards.
(1)
All billboards shall be stationary and utilize digital technology to produce static images which may be changeable via computer. Billboards shall not scroll, flash, twinkle, feature motion pictures, moving images, or have mechanical or animated movement. Conventional billboards requiring the physical placement of printed content shall not be permitted.
(2)
Billboards may have no more than two sign faces of equal size, shape, and dimension, neither of which may exceed 240 square feet (measured as the full height and width to the outside dimension).
(3)
Only one advertisement, display, or message may appear on a billboard face at any one time. When a billboard has two sides, each of the two sides of a billboard may contain a separate advertisement.
(4)
Changes from one advertisement, display, or message to another may occur no more frequently than three times per side in any twenty-four-hour period with transitions that do not have the effect of moving text or images.
(5)
Each face of a billboard shall be demonstrated to be oriented toward the road upon which the billboard fronts or faces to cause the least impact upon neighboring properties.
(6)
The billboard may not be used to advertise, display, or otherwise direct attention to a product, activity, message, or business within the zoning district wherein the billboard is located, except where the advertisement, display, attention or message is not for the local product, activity, message, or business, but is part of a regional or national campaign or program.
(7)
All billboards shall be internally lit. No exterior lighting shall be permitted, except in connection with safety or maintenance and as approved by the Township. Illumination of billboard signs shall, at a minimum, follow the standards and requirements of the Illuminating Engineering Society of North America (IESNA) and shall be subject to review and approval by the Township.
(8)
Billboards shall provide automatic light output adjustment to minimize light output to necessary levels for the surrounding ambient light conditions.
(9)
Billboard shall be extinguished automatically by a form of programmable controller, with astronomical and daylight-savings time control and spring or battery outage reset, from 10:00 p.m. until 6:00 a.m. on the following day unless there is an emergency or public service message.
(10)
Billboards shall be adequately screened, to the satisfaction of the Township, whenever a billboard is visible from a residential district or use.
(11)
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. All utilities serving the billboard shall be located below the ground.
(12)
Billboards shall be properly and adequately secured to prevent unauthorized access.
(13)
Billboards, including support structures, shall be properly and regularly maintained and shall at all times be kept in safe and operational manner.
(14)
There shall be no objects or other structures attached to a billboard or its structure except as may be necessary for the proper, and safe operation and maintenance of the billboard.
(15)
A permanent means of vehicular ingress and egress to the billboard lot shall be provided.
D.
Public Safety. Billboards shall include a means by which emergency service, public safety agencies, and other public service announcements may, without charge, be timely communicated via the billboard to alert the public on an emergency and temporary basis.
E.
General Prohibition. Billboards are not permitted in any zoning district within the Township, except in the Limited Industrial (LI) Zoning District in strict conformance with the provisions of this section. Signage and messages displayed upon a billboard shall comply with this section and §§ 6-401 through 6-404 of Article 4, Chapter 6 of the Thornbury Code of Ordinances in regard to the display of obscene materials.
F.
Explicit Substitution Clause. The owner or operator of any billboard which is otherwise allowed by this section may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary.
G.
Permits Required. At minimum, a zoning permit shall be required prior to the erection or alteration of any billboard or structural component or portion thereof, and prior to the change or extension of a nonconforming billboard pursuant to procedures and processes established in Articles 21 and 22 of the Zoning Code. Compliance with the Thornbury Township Building Code [Chapter 5, Article 2] may require a building permit, also.
H.
Burden of Proof. It shall be the burden of an applicant wishing to establish a billboard to demonstrate compliance with the requirements of this section.
I.
Subdivision. The provisions of the Thornbury Township Subdivision and Land Development Code [Chapter 22], as amended, shall also apply.
J.
Removal Bond for Billboards. A removal bond, in form and amount satisfactory to the Township, shall be posted with the Township to ensure that a billboard, once erected, will be promptly and properly removed upon abandonment or other termination of use.
K.
Controlling Provisions. To the extent of any conflict between the provisions of this section and any other section of this chapter, the provisions of this section shall be controlling as to billboards.
§ 27-2011 Appeal, Interpretation and Severability.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 1-2013, 8/21/2013, § 2]
1.
Any person denied a permit for a sign or aggrieved by any decision of the Zoning Officer in the interpretation or enforcement of this article may appeal the denial or decision to the Township Zoning Hearing Board in accordance with the appeal provisions of Article 23 of this chapter, within 30 days after rendition of the denial or decision, and adjudicated in accordance with the Pennsylvania Municipalities Planning Code (MPC).
2.
Where there is a conflict between specific sign or outdoor advertising regulations and the base or general sign or outdoor advertising regulations of this article, the provisions of this article shall be controlling.
3.
Where there is a conflict between a land use regulation and a structural regulation, or other conflicts not otherwise addressed by this section, the most restrictive regulation applies.
4.
If any section, subsection, sentence, clause, phrase, or word of this article is for any reason held to be invalid such invalidity shall not affect the validity or enforceability of the remaining portions of this article. The Township Board of Supervisors hereby declares that it would have adopted the article and each section, subsection, sentence, phrase, or word thereof, excluding those sections subsections sentences clauses or phrases declared invalid.