Tinicum Township City Zoning Code
ARTICLE XXIII
Signs
§ 395-161 Purposes.
The purposes of this article are to regulate the types and dimensions of signs in the various zoning districts of Tinicum Township, to recognize the commercial communication requirements of all sectors of the business community, to protect the public from damage or injury caused or attributable to distractions and obstructions from improperly designed or located signs, to safeguard property values and to assure that signs are consistent and harmonious in relation to the buildings and areas where they are placed.
§ 395-162 Computation of sign area and height.
The area of any sign shall be determined as follows:
A.
When a sign consists of letters, numbers and/or logos, and is not a lettered board, the size of such sign shall be measured by the geometric shape formed by the extreme outside edge of the largest letters, numbers, or logos continued on the sign.
B.
When a sign consists of a lettered board, the size of such sign shall be determined by calculating the area of the lettered board.
C.
When a sign has more than one face, the area shall be computed by adding together the area of all sign faces visible from any one point. Except as specifically noted otherwise, when two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and when such sign faces are part of the same sign structure and are not more than 48 inches apart, the sign area shall be computed by the measurement of one of these faces.
D.
The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) the existing grade prior to construction or (2) the newly established grade after construction, exclusive of any fill, berms, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the lane at the principal entrance to the main structure on the lot, whichever is lower.
§ 395-163 Sign restrictions and standards.
A.
Prohibited signs. It is unlawful to erect or maintain the following signs:
(1)
Flashing, blinking, twinkling, spinning, animated inflatable, aerial, crane, or lighted moving signs including automatic color changing and rotating lamps and other moving objects that call attention to the sign. However movable digital signs shall be permitted in the form of wall signs or free standing signs, provided that their size shall not exceed 20 square feet.
(2)
Wall bulletins or any other signs painted directly on the facade of a building or other structure.
(3)
Curb or sidewalk signs or signs painted, attached, or suspended from any outdoor bench, chair, or similar structure.
(4)
Signs, letters, posters, and advertisements that are tacked, pasted, tied, or otherwise affixed to poles, posts, buildings, fences, or other structures located on public property or within public rights-of-way.
B.
General restrictions and standards. The following restrictions shall apply to all permitted signs:
(1)
No sign shall be located, arranged, or placed in a position where it will cause danger to traffic or will interfere with traffic through glare; block required sight lines for streets, sidewalks or driveways; cause confusion with a traffic control device by reason of color, location, shape or other characteristics; or through any other means.
(2)
Except for traffic signs, no sign shall be erected within the right-of-way lines of any public street, nor shall any such sign be closer than 10 feet to the right-of-way line of a public street, unless specifically authorized by other ordinances and regulations of the Township or other governmental bodies or agencies having jurisdiction or regulatory authority in the matter.
(3)
Every sign must be constructed of durable materials and shall be solidly and firmly attached, supported, and/or anchored to the supports or framework.
(4)
Every sign must be kept in good condition and repair. Any sign which is allowed to become dilapidated shall be removed by and at the expense of the landowner or lessee of the property on which it is located.
(5)
Where an establishment moves from or vacates a particular address or premises, the owner of such building or premises shall, within 30 days, remove any sign and sign structure that was displayed by such establishment. However, this provision shall not apply where a new establishment at the same address or location shall continue or assume the same name as the establishment that vacated the premises.
C.
Freestanding signs.
(1)
The bottom or lowest edge of any freestanding sign shall be no closer to the ground than eight feet. At least six feet of the upper portion of the eight-foot space shall be open and unobstructed. No more than two feet above the ground level can be devoted to and maintained for flowers, ground covers and low-spreading shrubs. If such plantings are installed, they shall be maintained at the maximum height of two feet and shall be free of weeds, debris, and other undesirable material.
(2)
All single-post freestanding signs shall be made of metal. All such posts shall be embedded in the ground at least three feet six inches unless otherwise directed by the CEO.
(3)
There shall be a distance of not less than 75 feet between freestanding signs.
D.
Ground signs.
(1)
The top edge of a ground sign shall be a maximum of five feet above ground level.
(2)
Ground signs shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
(3)
Ground signs shall be illuminated by indirect, concealed light only.
E.
Window signs. A maximum of 25% of the total window area may be used for permanent signs that are etched, painted, or permanently affixed to the window.
F.
Temporary signs.
(1)
The use of any temporary sign or banner shall require a permit which shall be effective for not more than 30 days, and not more than three permits shall be authorized in any one calendar year. Temporary signs for institutional or nonprofit organizations are exempt from this regulation and shall be subject to approval by the Board of Commissioners.
(2)
Temporary signs shall be removed immediately upon expiration of the permit.
(3)
The cost of permits for temporary signs shall be determined by the Township Commissioners.
(4)
The size of these signs shall not exceed one square foot of sign area for every linear foot of building width or, where the sign is not related or attached to a building, its size shall not exceed 25% of that for permanent signs in the district.
(5)
No temporary sign may be placed in a location where it may deter the flow of pedestrian traffic or impair the vision of any pedestrian or motorist or cause a safety hazard or inconvenience.
G.
Light-pole-mounted banners. The use of single- or double-faced banners mounted on light poles shall be permitted within off-street parking areas, subject to weekly inspections by the owners as well as those inspections and permitting as provided for in § 395-167 with the following restrictions:
(1)
Banners shall be attached to a permanently affixed light pole, mounted on a frame with bracketed assemblies which must be constructed of durable stainless steel or other similar material not subject to rusting and capable of withstanding wind loads in accordance with the International Building Code (IBC);
(2)
No more than two banners may be mounted on any one light pole;
(3)
Banner shall be made of Lexam or other similar material not subject to shredding, fading or tearing;
(4)
Banners shall maintain a minimum clearance of eight feet from the ground to the bottom of the banner;
(5)
No single banner shall exceed three feet in width or eight feet in height;
(6)
Banners shall not be faded, torn, or excessively worn;
(7)
Banners shall not be placed in any area designated as a public right-of-way without the prior approval of the Board of Commissioners;
(8)
Banners shall not be placed in a location where it may deter the flow of pedestrian traffic or impair the vision of any pedestrian or motorists or cause a safety hazard or inconvenience;
(9)
Banners shall not be placed on any public utility pole, support wire, tree, or other structure without the prior approval of the Tinicum Township Board of Commissioners.
§ 395-164 Signs for which a permit is not required (exempt signs).
The following signs are exempt from the need to secure a permit:
A.
Public notice, warning, or official traffic sign required by a federal, state or local law, regulation, or ordinance.
B.
Building markers that only include building name, date of construction or historical data on an historic site, provided that there is only one per building with a maximum area of six square feet.
C.
Flags of the United States, the Commonwealth of Pennsylvania, foreign nations having diplomatic relations with the United States or any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag does not exceed 60 square feet in area and shall be flown from a pole not more than 40 feet in height.
D.
Incidental signs containing no commercial message of any kind, provided that such signs do not exceed eight square feet.
E.
Signs advertising the sale or rental of the premises or lot upon which they are erected, provided that there is no more than one such sign per street frontage. Such sign shall be neither illuminated nor exceed six square feet in residential districts and 20 square feet in nonresidential districts. All such signs shall be removed on or before the date of settlement.
F.
Signs advertising the development of the premises where they are erected. Such signs shall not exceed six square feet in residential districts and 20 square feet in nonresidential districts.
G.
Nameplate signs on private residences, provided that they do not exceed 144 square inches.
H.
Decorations for a recognized officially designated holiday, provided that they do not create a traffic or fire hazard.
I.
Yard sale or garage sale signs, provided that they do not exceed two square feet and shall be removed within 24 hours after such sales.
J.
Signs announcing a political, educational, charitable, civic, religious, athletic, or similar campaign or event, provided that such signs are erected for a period not to exceed 30 days or more than four times in any calendar year for a maximum annual total of 120 days. Such signs shall not exceed eight square feet.
K.
Temporary banners denoting special events.
L.
Changeable copy signs. These signs shall be permitted for churches, schools, and other uses that by their nature require changeable copy signs, provided that only one such sign shall be permitted. However, in the case of a corner property with a frontage in excess of 100 feet, one additional sign is permitted on the side of the property. The size of such signs shall not exceed 16 square feet.
§ 395-165 Signs for which a permit is required.
The following signs, as described under each zoning district or group of districts, are permitted, provided that they meet the applicable conditions in §§ 395-162 and 395-163 and a sign permit has been obtained.
A.
Signs in residential districts. The following types of signs and no others shall be permitted in the R-1, R-2, and R-3 Residential Districts:
(1)
Nameplate signs, not exceeding 288 square inches. Not more than one such sign per dwelling shall be permitted.
(2)
Identification signs for apartment buildings or complexes, schools, churches and similar permitted uses other than individual dwellings, provided that:
(3)
Signs identifying nonresidential uses permitted as valid nonconforming uses, provided that they meet the requirements in § 395-165A(2) above.
(4)
Signs identifying major home occupations and home professional offices (accessory use signs), family day-care homes, and community residence facilities.
(5)
Except for signs for uses noted in § 395-165A(3) above, illumination, where provided, shall be by external white light only.
B.
Signs in the C-1 Commercial District. The following types of signs and no others shall be permitted, and the following requirements shall apply in the C-1 District:
(2)
Wall signs, freestanding signs, ground signs, movable digital signs, awning or canopy signs, movable digital signs and window signs. However, movable digital signs will require a special exception.
(3)
There shall be not more than one wall sign for each frontage.
(4)
The size of wall signs shall not exceed 30 square feet.
(5)
Not more than one freestanding sign or ground sign shall be permitted for each frontage.
(6)
The size of freestanding signs, ground signs and movable digital signs shall not exceed 20 square feet.
(7)
Awning signs or canopy signs may be substituted for wall signs with the requirements for wall signs.
(9)
Signs in shopping/business centers in the C-1 District.
(a)
Where a freestanding sign identifies the shopping center, the size of such sign shall not exceed 50 square feet. One such sign shall be permitted at each frontage.
(b)
Individual establishments within the shopping centers may be identified on the same freestanding sign structure as that containing the name of the shopping center or on separate signs. In either case, the sign area allotted for individual establishments shall not exceed 10 square feet.
(c)
Not more than one wall sign not exceeding 20 square feet shall be permitted at an individual establishment. On corner lots, one additional wall signs not exceeding 10 square feet shall be permitted.
(d)
Awning signs or canopy signs may be substituted for wall signs subject to § 395-165B(4) above.
C.
Signs in the C-2 Commercial District. The following signs shall be permitted, and the following requirements shall apply in the C-2 Commercial District:
(1)
Any sign permitted in the C-1 District as per § 395-165B. However, digital movable signs, which shall not exceed 20 square feet, shall require a special exception.
(2)
Not more than one freestanding sign listing the individual establishments and not more than two freestanding signs identifying the business/office center shall be erected for each exterior road frontage, subject to the following requirements:
(a)
The size of the freestanding sign shall not exceed 250 square feet; however, where the sign is either located along an expressway (I-95) or is clearly intended to convey its message to motorists on the expressway, the size of such sign may be increased to 450 square feet.
(b)
The height of the sign shall not exceed 30 feet; however, this height may be increased to a maximum of 50 feet where the sign is located along an expressway or is clearly intended to convey its message to motorists along the expressway.
(c)
The distance between sign faces shall not exceed six feet.
(d)
All signs shall be located not less than 20 feet from the street or highway right-of-way line.
(3)
In addition to the freestanding signs provided for in Subsection C(2) above, one freestanding sign listing the individual establishments shall be permitted at each interior access road into the business/office center, provided that:
(4)
Each occupant of a building containing 30,000 square feet or less of gross floor area and having direct access to a parking area shall be permitted two signs, provided that:
(5)
Each occupant of a building having more than 30,000 but less than 100,000 square feet of gross floor area shall be permitted two signs, provided that:
(6)
Each occupant of a building containing more than 100,000 square feet of gross floor area shall be permitted the following signs:
(7)
No sign shall be illuminated except by concealed or indirect lighting, attached to the sign itself.
(8)
At each public entrance to a multioccupancy building, there shall be permitted not more than one directory sign identifying the occupants of the building, provided that:
(9)
Directional signs such as "entrance," "exit," pickup," and "loading area," shall be permitted, provided that such signs shall not exceed an area of 30 square feet.
E.
Signs in the C-4 and C-4A Commercial-Industrial Districts. The following types of signs and the following requirements shall apply in the C-4 and C-4A Districts:
(1)
Signs identifying establishments in individual buildings.
(a)
The types of signs permitted in these districts shall be wall signs, freestanding signs, ground signs, canopy signs, and awning signs.
(b)
There shall be not more than one wall sign for each frontage.
(c)
The size of the wall sign shall not exceed 1 1/2 square feet of sign area for each linear foot of building width.
(d)
In the case of a corner property, the size of the wall side on the long side shall not exceed 50% of the area of the wall sign permitted at the front of the building.
(e)
Canopy, signs, awning signs and wall signs shall not be combined on same road frontage. Only one of these signs shall be permitted.
(f)
There shall be not more than one freestanding sign or ground sign for each frontage that shall not exceed one square foot of sign area for every foot of building width.
(h)
Canopy and awning signs may be substituted for wall signs and must comply with the requirements for wall signs as noted in § 395-165E(1)(c) above.
(2)
Signs identifying industrial parks or business centers.
(a)
One freestanding sign or ground sign identifying the industrial park or business center shall be permitted along each frontage.
(b)
The freestanding sign or ground sign identifying a business center or industrial park shall not exceed 144 square feet.
(c)
Where the freestanding sign or ground sign contains both the name of the industrial park or business center and the names of the individual establishments therein, each establishment may be allotted a sign area of not more than 12 square feet, in addition to the 144 square feet devoted to the business center or industrial park.
(d)
The size of the freestanding sign or ground sign that contains only the names of the individual establishments shall not exceed 144 square feet.
(e)
Wall signs, canopy signs and awning signs shall not be combined on the same frontage. Only one type sign shall be permitted at any frontage.
(f)
The size of wall signs, canopy, signs and awning signs shall not exceed one square foot of sign area for each foot of building width.
G.
Signs in HI Heavy Industrial District. The following types of signs and no other shall be permitted, and the following requirements shall apply in the HI District:
(1)
Wall signs, freestanding signs, ground signs, canopy signs, awning signs, and window signs.
H.
Signs in W-1 Waterfront District. The following types of signs and no others shall be permitted, and the following requirements shall apply in the W-1 Waterfront District:
(1)
For residential uses, the relevant sign regulations in § 395-165A (Signs in residential districts) shall apply.
(2)
For commercial uses, the relevant sign regulations in § 395-165B (Signs in the C-1 Commercial District) shall apply.
I.
Signs in the W-1A Waterfront District. Signs in the W-1A District shall be in accordance with the applicable provisions of the HI Heavy Industrial District as per § 395-165F.
J.
Signs in the W-2 Waterfront District. The following types of signs and no others shall be permitted, and the following requirements shall apply in the W-2 District:
(1)
Wall signs, freestanding signs, and ground signs.
(b)
Freestanding signs and ground signs.
[1]
These signs shall be permitted in front of the principal building, provided that there is no wall sign attached to that building.
[2]
If permitted, there shall be not more than one freestanding sign or ground sign in front of the principal building.
[3]
A freestanding sign or ground sign identifying an outdoor open space or recreation resource shall be permitted at the street line.
[4]
The size of the freestanding or ground sign in Subsection J(1)(b)[3] above shall not exceed 30 square feet.
K.
Signs in the OR Outdoor Recreation District. In accordance with the applicable sign regulations for W-2, except that wall signs shall not exceed 10 square feet.
L.
Signs in the SU Special Use District. The following types of signs and no others and the following requirements shall apply in the AP Airport District:
(1)
The types of signs permitted shall be wall signs, freestanding signs, and roof signs.
(2)
Wall signs, freestanding signs and roof signs shall not exceed one square foot of sign area for each foot of building width.
(4)
All other applicable provisions of this section shall apply to the Airport District.
M.
Signs in the Industrial Heritage Corridor Overlay District (IHCO). Where the signage requirements in an underlying zoning district conflict with the guidelines specified in the Delaware County Industrial Heritage Route 291/13 Beatification and Greenway Plan of 2002 and the Delaware County Route 291/13 Landscaping and Signage Project of 2005 the guidelines outlined in the Rt. 291/13 studies shall prevail.
§ 395-166 Billboards.
§ 395-167 Inspections and permits.
A.
Except as otherwise provided in § 395-164 relating to exempt signs, no sign shall be erected in the Township until a permit therefore has been obtained in the following manner:
(1)
An application in writing shall be made to the CEO by the person desiring the permit.
(2)
The application submitted to the CEO shall give full particulars regarding the size, shape, material, and supports of the sign as well as a sketch or sketches showing the location of the sign on the building or lot, the distance from the curb line, and the height of the sign. The application shall be sufficiently specific to enable the CEO to determine whether the sign complies with this article as well as with any other ordinance or regulation of the Township relating thereto.
(3)
Such application shall be accompanied by a fee as the Township Commissioners may establish from time to time by resolution, which shall be for the use of the Township and which is hereby imposed in order to cover or partially cover the costs of investigation, inspection, and other costs associated with the review and construction of such sign.
(4)
If the person submitting the application is not the owner of the property upon which the sign is to be erected, the written consent of the owner of the property on which the sign is to be erected shall accompany the application.
B.
Whenever any sign is replaced by another sign, enlarged in any manner, or altered, dismantled, damaged, or otherwise destroyed to the extent of more than 50% of its value, a permit shall be required as provided in this section (§ 395-167) before the sign is replaced, enlarged, altered, or repaired.
C.
If the CEO shall find that any sign or other advertising structure is unsafe or insecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this article, he shall give written notice thereof to the permittee. If the permittee fails to remove or alter the structure so as to comply with the standards herein within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the CEO at the expense of the permittee or owner of the property upon which it is located. The CEO shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The CEO may cause any sign or other advertising structure that causes immediate peril to persons or property to be removed summarily and without notice.
D.
The CEO shall cause a routine inspection of all signs in the Township to be made at least once every three years and at any other time when he deems such inspection necessary. He shall report to the Township Commissioners all unsafe signs, all signs failing in any respect to conform to the requirements of this article, and all signs not licensed by the Township.
§ 395-168 Nonconforming signs.
Signs which are nonconforming, or which identify nonconforming uses shall be governed by the following requirements.
A.
A sign that is nonconforming at the effective date of this article may be continued although such sign does not conform with the provisions of this article, but the size of any such nonconforming sign shall not be enlarged.
B.
No nonconforming sign that has been damaged to more than 50% of its value or has been removed or discontinued for 90 days shall be repaired, rebuilt, or replaced, except as a conforming sign.
C.
If a nonconforming use of a building ceases or is discontinued for a continuous period of 12 months or more and such nonconforming use is deemed to be abandoned as per § 395-193 of this chapter, any nonconforming sign on the premises shall also be considered abandoned, and any subsequent signs erected or maintained on the premises shall be in conformity with the provisions of this article.