Trappe City Zoning Code
ARTICLE XII
Signs
§ 340-100 Legislative intent.
The intent of this article is to regulate all signs to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:
A.
Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the community character.
B.
Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.
C.
Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.
D.
Establishing a process for the review and approval of sign permit applications.
§ 340-101 Sign-related definitions.
As used in this article, the following terms shall have the meanings indicated:
A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days, in the case of off-premises signs, or at least 360 days in the case of on-premises signs.
A sign that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service. (Also known as "nameplate sign.")
A sign depicting action, motion, or light or color changes through electrical or mechanical means.
A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
Any sign painted on, or applied to, an awning.
A lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner.
Any cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banners are temporary in nature and do not include flags.
Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.
The maximum linear width of a building measured in a single straight line parallel, or essentially parallel, with the abutting public street or parking lot. In the case of a building which fronts on more than one public street, the building frontage is each face of the building fronting on a public street. In cases where a building does not front on a public street, the building frontage shall be considered the face of the building where the principal entrance to the building is located.
A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.
Any sign that is part of or attached to a canopy.
A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system. The two types of changeable-copy signs are manual changeable copy signs and electronic changeable copy signs, which include message center signs, digital displays, and trivision boards.
A sign consisting of fabricated or formed three-dimensional letters individually applied to a wall, which may accommodate a light source.
The distance above the walkway, or other surface if specified, to the bottom edge of a sign. This term can also refer to a horizontal distance between two objects.
The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.
Signs designed to provide direction to pedestrian and vehicular traffic into, out of, or within a site.
Artificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.
A type of illumination comprised of either a) a group of incandescent light bulbs hung or strung overhead or on a building or other structure, or b) light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.
A sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation. This definition does not include electronic message centers signs or digital displays that meet the requirements set forth herein.
A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, AKA "footcandle meter" or "light meter." One footcandle is equal to one lumen per square foot.
A sign supported by structures or supports that are placed on or anchored in the ground; and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:
A freestanding, open-air structure constructed for the purpose of shielding service station islands from the elements.
Any sign that is part of, or attached to, the vertical sides of the gas station canopy roof structure. For the purposes of this chapter, gas station canopy signs shall be considered wall signs.
Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.
A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building. (Also known as "monument sign.")
A sign using a three-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect. (Also known as "back-lit illumination.")
A district or zone designated by a local, state, or federal government, within which buildings, structures, and/or appurtenances are deemed important because of their association with history, or because of their unique architectural style and scale.
Signs or displays including lighting which are a non-permanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons. (Also known as "seasonal decorations.")
A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.
A sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs shall not contain any commercial advertising.
Signs displayed in the window displaying information such as the business's hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain a commercial message.
A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.
An electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers.
A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this chapter.
The physical attributes of a sign that allow for an observer's differentiation of its letters, words, numbers, or graphics.
Light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.
A nonpermanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period.
An objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft2).
A sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a sign face.
A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.
Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.
A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means, but shall not include wind-activated movement, such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.
A memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message.
A permanent sign for displaying the bill of fare available at a restaurant, or other use serving food, or beverages.
A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.
The spreading of one message across more than one sign structure.
A freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.
A large picture/image (including but not limited to painted art) which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/or symbols.
A sign illuminated by a neon tube, or other visible light-emanating gas tube, that is bent to form letters, symbols, or other graphics.
A sign that was legally erected and maintained at the effective date of this chapter, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located.
An outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located. (Also known as a "third-party sign," "billboard," or "outdoor advertising.")
Official highway route number signs, street name signs, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.
A sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located.
A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.
A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.
An on-premises sign that expresses an opinion, interest, position, or other noncommercial message.
A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.
A sign indicating a street or drive which is not publicly owned and maintained and used only for access by the occupants of the development and their guests.
A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee. (Also known as "blade sign.")
A sign erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities.
A sign containing any material or device which has the effect of intensifying reflected light.
A sign which revolves in a circular motion rather than remaining stationary on its supporting structure.
A building-mounted sign erected upon, against, or over the roof of a building.
A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians. (Also known as "A-frame sign.")
A sign contained within an athletic venue and intended solely to provide information to the attendees of an athletic event.
An on-premises sign regulating the use of the premises, such as a "no trespassing," "no hunting," or "no soliciting" sign. (Also known as "warning sign.)
The description of a luminaire from which no direct glare is visible at normal viewing angles by virtue of its being properly aimed, oriented, and located, and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts, or visors.
Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the sign faces as well as any sign-supporting structure.
The total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols. See further in this section for standards for measuring sign area.
The part of the sign that is or can be used for the sign area. The sign area could be smaller than the sign face.
The vertical dimension of a sign as measured using the standards in § 340-104E.
Poles, posts, walls, frames, brackets, or other supports holding a sign in place.
A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as "bandit sign.")
The exterior facade of a building housing a commercial use visible from a street, sidewalk, or other pedestrian way accessible to the public and containing the primary entrance to the commercial establishment.
A display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.
The side or sides of a lot abutting on a public street or right-of-way.
A banner suspended above a public sidewalk and attached to a single street pole. These signs shall not contain any commercial advertising.
A type of nonpermanent, sign that is located on private property that can be displayed for no more than 30 consecutive days at one time.
An outdoor unit with a slatted face that allows three different copy messages to revolve at intermittent intervals.
A sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.
A sign displayed on a vending machine indicating the name of the product being sold and/or the price of such product.
A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. (Also known as "fascia sign," "parallel wall sign," or "band sign.")
Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.
§ 340-102 Applicability.
Any sign erected or maintained after the effective date of this chapter shall conform to the following regulations.
§ 340-103 Administration.
A.
It shall be unlawful for any person, firm, or corporation to erect, alter, repair, or relocate any sign without first obtaining a sign permit, unless the sign is specifically listed below as a sign not requiring a permit.
B.
To apply for a sign permit, the applicant must provide the following written information:
(1)
Name of organization and location.
(2)
Name, address, and telephone number of the property owner, and the signature of the property owner or duly authorized agent for the owner.
(3)
Contact person and contact information.
(4)
Description of the activities occurring on the site where the sign will be installed.
(5)
Description of any existing signage that will remain on the site.
(6)
Identification of the type of sign(s) to be erected by the applicant.
(7)
Site plan depicting the locations of proposed signage and existing remaining signage.
(8)
Two copies of a plan drawn to scale depicting:
(a)
Lot dimensions, building frontage, and existing cartways, rights-of-way and driveways.
(b)
The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location.
(c)
Building elevations, existing and proposed facades, parapet walls, eave line and the location and size of all proposed and existing permanent signage.
(d)
Current photographs showing existing signs on the premises and certifying the date on which photographs were taken.
(9)
Fees. All applications for permits for the erection, construction, or alteration of signs shall, at the time of making application, be paid to the Borough in accordance with the respective fee schedule adopted by the Borough Council from time to time.
C.
The Borough shall review a complete sign application within 10 business days of receipt.
(1)
A permit shall be issued on or before the end of the 10 business day review period if the application for a new sign or renewal complies with the regulations contained herein.
(2)
If the Borough does not issue a determination within the 10 business day period, the sign permit is deemed approved.
(3)
An application for a sign permit may be denied within the 10 business day review period if the application fails to comply with the standards contained herein. The Borough shall inform the applicant of the reasons for denying the application for sign permit by certified mail.
D.
Except for lighting permits for digital signs, these permits shall not expire, provided that such signs are not abandoned or destroyed. In the instance that substantial repair or replacement becomes necessary (i.e., repairs that costs more than 50% of the replacement cost of the damaged sign), the owner must apply for a new sign permit and pay an additional fee, if required.
E.
Signs not requiring a permit. The following signs shall not require permits but shall be subject to the general regulations of this article:
(1)
Official traffic signs.
(2)
Government/regulatory signs.
(3)
Signs inside an enclosed facility not meant to be viewed from the outside and located greater than three feet from the window.
(4)
Holiday and seasonal decorations.
(5)
Personal expression signs of any sign type, including flags, provided that they do not exceed three square feet in area per side, are noncommercial in nature, and are not illuminated.
(6)
Political signs posted by the property owner(s), or by another who has obtained the prior consent of the property owner(s), for a thirty-day period preceding a general, primary, or special election.
(7)
Address signs. Up to two signs stating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification.
(8)
Public signs. Signs erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.
(9)
Signs or emblems of a religious, civic, philanthropic, historical or educational organization that do not to exceed four square feet in area.
(10)
Private drive signs. One sign per driveway entrance, not to exceed two square feet in area.
(11)
Security and warning signs. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.
(12)
Flags:
(a)
Location. Flags and flagpoles shall not be located within any right-of-way.
(b)
Height. Flags shall have a maximum height of 30 feet.
(c)
Number. No more than two flags per lot in residential districts, no more than three flags per lot in all other districts.
(d)
Size. Maximum flag size is 24 square feet in residential districts, 35 square feet in all other districts.
(e)
Flags containing commercial messages may be used as permitted freestanding or projecting signs, and, if so used, the area of the flag shall be included in, and limited by the computation of allowable area for signs on the property.
(f)
Flags up to three square feet in area containing noncommercial messages are considered personal expression signs and are regulated as such.
(13)
Legal notices.
(14)
Vending machine signs.
(15)
Borough-erected memorial signs, public monuments or historical identification signs, including plaque signs up to three square feet in area.
(16)
Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this chapter.
(17)
Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.
(18)
Incidental signs, including incidental window signs.
(20)
Artistic displays which do not contain any commercial messaging. See the Use Table.[1]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
§ 340-104 General regulations.
A.
The installation, erection and maintenance of any sign shall conform to the provisions of this article and any other ordinance or regulation of the Borough. All signs not specifically authorized are prohibited.
B.
Placement.
(1)
No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color.
(2)
No sign shall occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway, sight triangle, or other areas required to remain unobstructed.
(3)
Street right-of-way. Only official signs may be located in a street right-of-way.
(4)
Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground utility and communications lines or equipment.
C.
Erection of permanent signs. No permanent sign shall be displayed until a use and occupancy permit has been issued by the Borough for at least one principal use.
D.
Sign condition; sign materials and construction. Every sign shall be constructed of durable materials, using noncorrosive fastenings; shall be structurally safe and erected or installed in strict accordance with the PA Uniform Construction Code; and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.
E.
Sign area.
(1)
The area of a sign shall mean the area of all lettering, wording, and accompanying designs, logos, and symbols, excluding any supporting framework, bracing or trim incidental to the display and free of any lettering, wording, or symbols.
(2)
Where the sign consists of individual letters, designs, or symbols attached to a building, awning, wall, or window, the area shall be that of the smallest rectangle encompassing all letters, designs, and symbols.
(3)
Signs may be double-sided.
(a)
Only one side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45°, and the two faces are not more than 18 inches apart.
(b)
Where the faces are not equal in size, but the interior angle formed by the faces is less than 45° and the two faces are not more than 18 inches apart, the larger sign face shall be used as the basis for calculating sign area.
(c)
When the interior angle formed by the faces is greater than 45° or the faces are greater than 18 inches apart, all sides of such sign shall be considered in calculating the sign area.
(4)
Signs that consist of, or have attached to them, one or more three-dimensional or irregularly shaped objects shall have a sign area of the sum of two adjacent vertical sign faces of the smallest cube encompassing the sign or object.
(5)
If elements of a sign are movable or flexible, such as a flag or banner, the measurement is taken when the elements are fully extended and parallel to the plane of view.
(6)
The permitted maximum area for all signs is determined by the sign type and the zoning district in which the sign is located.
F.
Sign height.
(1)
Sign height shall be measured as the distance from the highest portion of the sign to the mean finished grade of the street closest to the sign. In the case of a sign located greater than 100 feet from a public street, height shall be measured to the mean grade at the base of the sign.
(2)
Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other structural elements.
(3)
The permitted maximum height for all signs is determined by the sign type and the zoning district in which the sign is located.
G.
Sign spacing. The spacing between sign structures shall be measured as a straight-line distance between the closest edges of each sign.
H.
Sign location requirements. As indicated in the Sign Table[1] and additionally as follows:
(1)
Yard requirements. No portion of any sign may be located within the side or rear yard setback or within the required buffer zone when located adjacent to a residential district.
(2)
Public use areas. No sign may occupy a designated parking area, walkway, cartway, driveway, or area designated for any other use.
(3)
Right-of-way. No sign shall be located closer than 15 feet from the edge of the roadway or within the legal right-of-way, whichever is farthest from the edge of the roadway, excepting:
(a)
Signs in the Village Commercial District may be located 10 feet from the edge of the roadway or within the legal right-of-way, whichever is farthest from the edge of the roadway.
[1]
Editor's Note: The Sign Table is included as an attachment to this chapter.
I.
Removal of unsafe, unlawful or abandoned signs.
(1)
Upon written notice from the Borough, the owner, person, or firm maintaining a sign shall remove the sign when it becomes unsafe, is in danger of falling, or it becomes so deteriorated that it no longer serves a useful purpose of communication, or it is determined by the Borough to be a nuisance, or it is deemed unsafe by the Borough, or it is unlawfully erected in violation of any of the provisions of this article.
(2)
The Borough may remove or cause to be removed the sign at the expense of the owner and/or lessee in the event of the owner of the person or firm maintaining the sign has not complied with the terms of the notice within 10 days of the date of the notice. In the event of immediate danger, the Borough may remove the sign immediately upon the issuance of notice to the owner, person, or firm maintaining the sign.
(3)
It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove such sign within 90 days of the sign becoming abandoned as defined in this section.
(4)
Where the owner of the property on which an abandoned sign is located fails to remove such sign in 90 days, the Borough may remove such sign. Any expense directly incurred in the removal of such sign shall be charged to the owner of the property. Where the owner fails to pay, the Borough may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign.
(5)
Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure, and structural trim.
(6)
The Zoning Officer may remove temporary signs that have been posted on a property without the consent of the property owner(s).
(7)
The Zoning Officer may remove illegal temporary signs that have been posted without the required permit on any property. The Zoning Officer may do so without the consent of the property owner(s) if, after receiving notice of the violation, the owner fails to remove the illegally posted temporary sign within 10 days.
J.
Address identification.
(1)
Every property with a freestanding sign must include the range of street numbers that the property encompasses on the sign. The height of the street number may be no less than five inches.
(2)
Residential properties shall have the address posted at a location clearly visible from the street as per the Uniform Construction Code.
K.
Double-faced sign. A double-faced sign shall be considered one sign, and only one face will be used to calculate the total size of the sign. If the sign does not comply with the definition of a double-faced sign, it will be considered as two signs.
§ 340-105 Sign types.
A.
Wall signs shall be permitted where indicated in the Sign Table[1] on the premises of the use for which they are intended and may be erected provided that a wall sign shall not project more than 15 inches from the wall or vertical surface to which it is attached.
[1]
Editor's Note: The Sign Table is included as an attachment to this chapter.
B.
Freestanding signs shall be permitted where indicated in the Sign Table[2] on the premises of the use for which they are intended and may be erected, provided:
(1)
In the case where multiple businesses share a sign, the structural backing shall be uniform.
(2)
Except as originally permitted, no sign may extend, in any direction, beyond the outside edge of the sign support structure.
(3)
The lowest edge of any freestanding pole sign shall be either less than four feet or a least eight feet above the ground.
(4)
Freestanding 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.
[2]
Editor's Note: The Sign Table is included as an attachment to this chapter.
C.
Canopy (awning) signs shall be permitted where indicated in the Sign Table[4] on the premises of the use for which they are intended and may be erected, provided:
(1)
A canopy or awning without lettering or other advertising shall not be regulated as a sign.
(2)
No awning or canopy sign shall be wider than the building wall or tenant space it identifies.
(3)
Sign placement.
(4)
The lowest edge of the canopy shall be at least eight feet above the finished grade.
(5)
Any ground-floor awning projecting into a street right-of-way must be retractable.
(6)
Awnings above the ground floor may be fixed, provided they do not project more than four feet from the face of the building.
(7)
If a canopy sign is mounted on a multi-tenant building, all canopy signs shall be similar in terms of height, projection, and style across all tenants in the building.
[4]
Editor's Note: The Sign Table is included as an attachment to this chapter.
D.
Window signs shall be permitted where indicated in the Sign Table[5] on the premises of the use for which they are intended and may be erected, provided:
(1)
Incidental window signs displaying pertinent business information such as the business's hours of operation and credit cards accepted, shall be excluded from window sign area calculations.
[5]
Editor's Note: The Sign Table is included as an attachment to this chapter.
E.
Projecting signs shall be permitted where indicated in the Sign Table[6] on the premises of the use for which they are intended and may be erected, provided:
(1)
Such signs shall project no more than four feet from the building facade.
(2)
The outermost portion of a projecting sign shall project no closer than five feet from a curbline or shoulder of a public street or drive aisle.
(3)
The lowest edge of a projecting sign shall be at least eight feet above the finished grade.
[6]
Editor's Note: The Sign Table is included as an attachment to this chapter.
F.
Marque signs shall be permitted where indicated in the Sign Table[7] on the premises of the use for which they are intended and may be erected, provided:
(1)
Such signs shall be located only above the principal public entrance of a building facing a public street or parking lot.
(2)
No marquee shall be wider than the entrance it serves, plus two feet on each side.
(3)
The outermost portion of a marque sign shall project no closer than five feet from a curb line or shoulder of a public street or drive aisle.
(4)
The lowest edge of a marque sign shall be at least eight feet above the finished grade.
[7]
Editor's Note: The Sign Table is included as an attachment to this chapter.
G.
Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign.
H.
Illuminated signs shall be permitted where indicated in the Sign Table[8] on the premises of the use for which they are intended and may be erected, provided:
(1)
Internally and externally illuminated signs shall be permitted only as provided herein:
(a)
Light sources to illuminate signs shall neither be visible from any street right-of-way, nor cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.
(b)
No more than 0.0 footcandle of light shall be detectable at the boundary of any abutting property.
(c)
Hours of operation:
(d)
Brightness. Message center signs and digital displays shall be no brighter than 0.3 footcandles above the ambient light as measured 150 feet from the sign in any direction.
(e)
Message duration shall be no less than eight seconds.
(2)
Illumination types.
(a)
Externally illuminated signs must conceal their light source via translucent covers.
(b)
External illumination shall be by a steady, stationary light source, static in color, and shielded and directed solely at the sign.
(c)
Internal illumination, including neon lighting, must be static in intensity and color.
(3)
Message center signs.
(a)
Height: A message center sign shall have the same height limits as other permitted signs of the same type and location.
(b)
Message display:
[1]
No message center sign may contain text which flashes, pulsates, moves, or scrolls. Each complete message must fit on one screen.
[2]
The content of a message center sign must transition by changing instantly (e.g., no fade-out or fade-in).
[3]
The sign shall contain a default design freezing the sign message in one position if a malfunction should occur.
(c)
Conversion of a permitted non-message-center sign to a message center sign requires a permit.
(d)
The addition of any message center sign to a nonconforming sign is prohibited.
(4)
Digital display signs are subject to the following additional requirements:
(a)
Sign type. Where illuminated signs are indicated in the Sign Table[9] as permitted, digital displays are permitted in the form of freestanding, monument, and wall signs, in accordance with the regulations of this section.
[9]
Editor's Note: The Sign Table is included as an attachment to this chapter.
(b)
Height: A digital display shall have the same height limits as for other permitted signs of the same type and location.
(c)
Message display:
[1]
Any digital display containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.
[2]
One message/display may be brighter than another, but each individual message/display must be static in intensity.
[3]
The content of a digital display must transition by changing instantly, with no transition graphics (e.g., no fade-out or fade-in).
[4]
Default design. The sign shall contain a default design freezing the sign message in one position if a malfunction should occur.
(d)
Conversion of a permitted nondigital sign to a digital sign requires a permit.
(e)
The addition of any digital display to a nonconforming sign is prohibited.
(5)
Electrical.
(a)
Permits for illuminated signs will not be issued without an approved electrical permit, if required. Applications for electrical permits shall be filed at the same time as the sign permit application.
(b)
All work shall be completed in full compliance with applicable codes.
(c)
The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables.
(d)
The owner of any illuminated sign shall arrange for a certification showing compliance with the brightness standards set forth herein by an independent contractor and provide the certification documentation to the Borough as a condition precedent to the issuance of a sign permit.
(6)
Glare control shall be achieved primarily by using cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare.
[8]
Editor's Note: The Sign Table is included as an attachment to this chapter.
I.
Off-premises signs shall be permitted where indicated in the Sign Table[10] on the premises of the use for which they are intended and may be erected, provided:
(1)
All off-premises signs shall comply with any and all applicable Borough, state and/or federal regulations. In the event any other applicable regulation is in conflict with the provisions of this section, the more strict regulation shall apply.
(2)
The lowest edge of an off-premises sign shall be at least eight feet above the finished grade.
(3)
Location. Off-premises shall not be:
(a)
Attached to the external wall or otherwise affixed to any part of any building and shall not extend over any public property or right-of-way.
(b)
Located 75 feet from the ultimate right-of-way, or 100 feet from any property line.
(c)
Located closer than 1,500 feet from another off-premises sign on either side of the road measured linearly.
(d)
Located closer than 500 feet from any intersection, or interchange (on/off-ramp).
(e)
Located closer than 1,000 feet from any property line abutting a public park, playground, religious institution, cemetery, school, or residential district.
(f)
Located on sewer rights-of-way, or water, electric, or petroleum pipelines.
(g)
Located on a bridge.
(4)
Such signs may be single-sided or double-sided.
(5)
No portion of the supporting structure shall be visible above any advertising display area.
(6)
Construction and maintenance.
(a)
All plans for off-premises signs shall be certified by a licensed engineer registered in Pennsylvania.
(b)
All off-premises signs shall be erected on permanent footings or support structures designed by a registered structural engineer.
(c)
All off-premises advertising signs shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising, or their successor organizations. All off-premises advertising signs shall be structurally sound and maintained in good condition and in compliance with the Pennsylvania Uniform Construction Code.
(d)
The rear face of a single-face, off-premises advertising sign shall be painted and maintained with a single neutral color as approved by the Borough.
(e)
Every three years, the owner of the billboard shall have a structural inspection made of the billboard by a licensed engineer registered in Pennsylvania and shall provide to the Borough a certificate certifying that the billboard is structurally sound.
(7)
All off-premises signs shall be identified on the structure with the name, address, and phone number of the owner of such sign.
(8)
Landscaping.
(a)
Landscaping shall be provided at the base of all off-premises signs. Trees and shrubbery, including evergreen and flowering trees, of sufficient size and quantity shall be used to achieve the purpose of this section.
(b)
Trees greater than four inches in diameter removed for construction of the sign shall be replaced on-site at a ratio of one replacement tree for each removed tree using native species no less than three inches in diameter.
(9)
Off-premise sign applications shall be accompanied by plans indicating:
(a)
The location of the proposed sign on the lot with the required sign setbacks from the property line and ultimate right-of-way.
(b)
The location and species of existing trees.
(c)
The distance to the nearest existing off-premises advertising sign.
(d)
The distance to the nearest right-of-way, property line, building, structure, on-premises sign, off-premises sign, intersection, interchange, safety rest area, bridge, residential district, or institutional use, sewer rights-of-way, and water, electric or petroleum pipelines.
(e)
Certification under the seal by a licensed engineer that the off-premises sign, as proposed, is designed in accordance with all federal, state, and local laws, codes, and professional standards.
(f)
All applicable plan requirements otherwise required by this chapter, as amended.
(10)
In applying for special exception relief, the applicant bears the burden of proof to establish that the proposed off-premises sign will not create a public health or safety hazard in the matter and location that it is proposed and in the manner by which it is to be operated.
(11)
Illumination of and changeable copy within off-premises signs.
(12)
The applicant for any sign permit shall present a written statement from the owner of the property, duly authorized, that the applicant has the right to use the property to erect a sign as well as maintain the sign during the time that the sign is erected. The owner must further verify, in writing, that it will, at its sole cost and expense, cause the sign to be removed at such time as there is no further use of the sign.
(13)
The applicant, at his sole expense, shall remove any off-premises sign, if the sign remains without bona fide advertisement, which shall not include rental of the sign space, for 90 days, or if the right to use the property has expired for any reason whatsoever.
[10]
Editor's Note: The Sign Table is included as an attachment to this chapter.
J.
Limited-duration signs, as defined in this section, shall be permitted where indicated in the Sign Table[11] on the premises of the use for which they are intended and may be erected, provided subject to the regulations set forth below. Limited-duration signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property. Unless otherwise stated below, the requirements listed below shall apply to both commercial and noncommercial signs.
(1)
Such signs may be wall, freestanding, or window signs.
(2)
A permit for a limited-duration sign is issued for one year and may be renewed annually.
(3)
One sign is allowed per permit. An applicant may request up to two permits per address subject to the size and number requirements of the Sign Table.
(4)
An application for a limited duration sign permit must include:
(a)
A description of the sign indicating the number, size, shape, dimensions, and colors of the sign, and the expected length of time the sign will be displayed;
(b)
A schematic drawing of the site showing the proposed location of the sign in relation to nearby building and streets;
(c)
The number of signs on site.
(5)
Installation and maintenance.
(a)
All limited-duration signs must be installed such that, in the opinion of the Borough Zoning Officer, they do not create a safety hazard.
(b)
All limited-duration signs must be made of durable materials and shall be well-maintained.
(c)
Limited-duration signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and required to be removed.
(6)
Illumination of any limited-duration sign is prohibited.
[11]
Editor's Note: The Sign Table is included as an attachment to this chapter.
K.
Temporary signs, as defined in this section, shall be permitted where indicated in the Sign Table[12] on the premises of the use for which they are intended and may be erected, provided subject to the regulations set forth below. Temporary signs that comply with the requirements in this subsection are exempt from standard permit requirements and shall not be included in the determination of the type, number, or area of signs allowed on a property.
(1)
Such signs may be wall, freestanding, or window signs.
(2)
Duration and removal.
(a)
Temporary signs may be displayed up to a maximum of 30 consecutive days, two times per year.
(b)
The Borough or the property owner may confiscate signs installed in violation of this chapter. Neither the Borough nor the property owner is responsible for notifying sign owners of confiscation of an illegal sign.
(3)
Permission. The party posting the temporary sign is solely responsible for obtaining the permission of the property owner before posting their temporary sign.
(4)
Borough notification. Temporary signs are exempt from the standard permit requirements but the date of erection of a temporary sign must be written in indelible ink on the lower right hand corner of the sign.
(5)
Installation and maintenance.
(a)
All limited-duration signs must be installed such that, in the opinion of the Borough Zoning Officer, they do not create a safety hazard.
(b)
All limited-duration signs must be made of durable materials and shall be well-maintained.
(c)
Limited-duration signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and will be required to be removed.
(6)
Illumination of any limited-duration sign is prohibited.
[12]
Editor's Note: The Sign Table is included as an attachment to this chapter.
L.
Portable signs shall be permitted subject to the regulations set forth below. Portable signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property.
(1)
Number. One sandwich board sign is permitted per establishment. For the purposes of this subsection, a parking garage or parking lot shall be considered an establishment.
(2)
Area. Each sign shall have a maximum area of six square feet per sign face.
(3)
Height. Signs shall have a maximum height of three feet.
(4)
Sign placement.
(a)
If a sign is located on a public or private sidewalk, a minimum of 36 inches of unobstructed sidewalk clearance must be maintained between the sign and any building or other obstruction.
(b)
The sign must be located on the premises, and within 12 feet of the primary public entrance, of the establishment it advertises. For the purposes of this subsection, a public entrance includes a vehicular entrance into a parking garage or parking lot.
(c)
Portable signs shall be weighted, temporarily secured, or strategically placed to avoid being carried away by high winds.
(5)
Display hours. Signs shall not be displayed on any premises before 6:00 a.m., after 10:00 p.m., and outside of the host establishment's operating hours.
(6)
All portable signs must be taken in during inclement weather.
(7)
Illumination of any portable sign is prohibited.
(8)
Manual changeable copy signs are permitted when integrated into a sandwich board sign.
M.
Street pole banner signs.
(1)
General provisions. Street pole banner signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property.
(a)
Illumination. Illumination of any street pole banner is prohibited.
(b)
Area. Each street pole banner shall have a maximum area of 12.5 square feet and a maximum width of three feet. Up to two street pole banners are permitted per street pole.
(c)
Height.
[1]
When the street pole banner's edge is less than 18 inches from the curb, the lowest edge of the street pole banner shall be at least 14 feet above the finished grade.
[2]
When the street pole banner's edge is greater than 18 inches from the curb, the lowest edge of the street pole banner shall be at least eight feet above the finished grade.
(d)
Location.
[1]
No street pole banner shall extend beyond the curb line.
[2]
Street pole banners shall maintain a minimum of three feet of vertical clearance below any luminaires located on the pole measured from where the ballasts connect to the poles.
[3]
Street pole banners shall not interfere with the visibility of traffic signals or signs.
[4]
No street pole banner shall be located on a pole that has traffic or pedestrian control signals.
(2)
Permit requirements.
(a)
A permit for a street pole banner is issued for one year and may be renewed annually.
(b)
An application for a street pole banner permit must include the following:
[1]
A diagram or map of the specific poles to be used for street pole banner installation and the streets on which the poles are located.
[2]
A proof of the street pole banner design, including the banner's dimensions.
[3]
If brackets are to be installed, submit specifications for the bracket installation system.
§ 340-106 Nonconforming signs.
A.
Signs legally in existence at the time of the adoption of this chapter which do not conform with the requirements of this chapter shall be considered nonconforming signs.
B.
All nonconforming signs shall conform with the standards contained herein at such time when:
(1)
A sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.
(2)
If more than 50% of the sign area is damaged, it shall be repaired to conform to this chapter.
(3)
An alteration in the structure of a sign support.
(4)
A change in the mechanical facilities or type of illumination.
(5)
A change in the material of the sign face.
(6)
A sign has been abandoned for a period of six months.
(7)
The property on which the nonconforming sign is located submits a subdivision or land development application.
(8)
The property on which the nonconforming sign is located undergoes a change of land use requiring the issuance of either a use and occupancy permit or a change of use and occupancy permit.
C.
To determine the legal status of existing signs, in each of the cases listed in Subsection B, the applicant shall submit the following information to the Borough:
(1)
Type(s) of existing sign(s) located on the property.
(2)
The area and height of all signs.
(3)
For freestanding signs, the distance the outermost portion of the sign is set back from the curbline or shoulder.
(4)
Type of sign illumination.
(5)
The material of which the sign is constructed.
(6)
The building length along public street frontage.
§ 340-107 Prohibited signs.
A.
It is unlawful to erect or maintain the following signs:
(1)
Abandoned signs.
(2)
Snipe signs. Signs shall only be attached to utility poles in conformance with state and utility regulations and the requirements of this chapter.
(3)
Vehicular signs. This regulation does not include the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.
(4)
Mechanical movement signs, including revolving signs.
(5)
Pennant strings and streamers.
(6)
Animated signs, flashing signs, or signs that scroll or flash text or graphics.
(7)
Inflatable devices or balloon signs, except balloons used for one twenty-four-period, one time per year, in noncommercial situations, not within a clear sight triangle.
(8)
Any signs that imitate, resemble, interfere with, or obstruct official traffic lights, signs, or signals.
(9)
Signs which prevent free ingress or egress from any door, window, or fire escape, or that prevent free access from one part of a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape.
(10)
Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames.
(11)
Reflective signs or signs containing mirrors.
(12)
Interactive signs.
(13)
Signs incorporating beacon or festoon lighting.
(14)
Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and road.
(15)
Roof signs.
(16)
Signs erected without the permission of the property owner, except those authorized or required by local, state, or federal government.
(17)
Any sign containing information which states or implies that a property may be used for any purpose not permitted by this chapter.
(18)
Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as determined by the Borough.
(19)
Any sign that promotes illegal activity.
§ 340-108 Violations and penalties. [1]
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than an amount authorized by Borough resolution or ordinance, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof.
B.
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice.
C.
If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
D.
Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter, each day that a violation continues shall constitute a separate violation.
E.
All judgments, costs and reasonable attorney fees collected for the violation of this article shall be paid over to the Borough.
F.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
G.
Nothing contained in this section shall be construed or interpreted to prevent the Borough from pursuing any and all remedies available to it, in equity or at law.
§ 340-109 Severability.
Should any portion of this article be declared invalid, those conditions and standards required, at a minimum, by law, shall be the prevailing condition and requirement with respect to the signage allowed as though the same had been the standard and condition originally adopted by this chapter.