Upper Pottsgrove Township, PA Zoning Ordinance

[Added 2-20-2017 by Ord. No. 499[1]]

[1]

Editor's Note: This ordinance repealed former Art. XVI, Signs, as amended.

§ 350-132 Applicability of regulations.

The following regulations shall apply to all signs erected, altered, or maintained after the effective date of this article.

In addition to all other applicable requirements, the following regulations shall apply to all signs, except that the requirements of this article shall not be applicable to any parcel that is owned or under the control of Upper Pottsgrove Township.

Notwithstanding any provision of this article to the contrary, to the extent that this article allows a sign containing commercial copy, it shall allow a noncommercial sign to the same extent. The noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited and the sign continues to comply with all of the requirements of this article.

§ 350-133 Intent.

In expansion of the legislative intent contained in Article I, § 350-4, of this chapter, and the community development objectives contained in Article I, § 350-5, of this chapter, it is hereby declared to be the primary purpose of this article to recognize that signs perform an important function in identifying properties, businesses, services, residences, events, and other matters of interest to the public and, as such, to regulate all signs within Upper Pottsgrove Township 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, morals and general welfare by:

Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.

Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of the Township.

Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.

Encouraging signs that are attractively designed in order to enhance the economic value as well as the visual character of the Township.

Prohibiting the erection of signs that do not meet the above criteria and which are incompatible with the agricultural landscape and historic and rural character of Upper Pottsgrove Township.

Establishing a process for the review and approval of sign permit applications.

§ 350-134 Definitions.

As used in this article, the following terms have the meanings indicated, unless otherwise expressly stated:

ABANDONED SIGN

A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days for off-premises signs, or at least 360 days for on-premises signs.

ADDRESS SIGN

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").

ANIMATED SIGN

A sign depicting action, motion, or light or color changes through electrical or mechanical means.

AWNING

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.

AWNING SIGN

A sign painted on, printed on, or applied to an awning.

BALLOON SIGN

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.

BANNER

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.

BEACON LIGHTING

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.

BUILDING FRONTAGE

The maximum linear width of a building measured in a single straight light parallel, or essentially parallel, with the abutting a street or parking lot.

CANOPY

A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.

CANOPY SIGN

Any sign that is part of, or attached to, a canopy.

CHANGEABLE COPY SIGN

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 and digital displays.

CHANNEL LETTER SIGN

A sign consisting of fabricated or formed three-dimensional letters, individually applied to a wall, which may accommodate a light source.

CLEARANCE

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.

DIGITAL DISPLAY

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 screens.

DIRECTIONAL SIGN

A sign designed to provide direction to pedestrian and/or vehicular traffic into and out of a site, or providing direction to individual amenities or buildings within a site.

FESTOON LIGHTING

A type of illumination composed of a group of light bulbs hung or strung overhead or on a building or other structure.

FLAG

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. For the purposes of this article, this definition shall include "feather flags" and "flutter flags."

FLASHING SIGN

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 center signs or digital displays that meet the requirements set forth herein.

FREESTANDING SIGN

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:

GROUND SIGN — 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").

POLE SIGN — 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.

FUELING STATION CANOPY

A freestanding, open-air structure constructed for the purpose of shielding service station islands and users from the elements.

FUELING STATION CANOPY SIGN

Any sign that is part of, or attached to, the vertical sides of the fueling station canopy roof structure. For the purposes of this article, gas station canopy signs shall be considered wall signs.

GOVERNMENT/REGULATORY SIGN

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.

HISTORIC DISTRICT

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.

HOLIDAY DECORATIONS

Signs or displays, including lighting, which are a nonpermanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons (also known as "seasonal decorations").

ILLUMINATED SIGN

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.

ILLUMINATION

A source of any artificial or reflected light, either directly from a source of light incorporated in, or directly from, an artificial source.

EXTERNAL ILLUMINATION — 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.

INTERNAL ILLUMINATION — 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 article.

INCIDENTAL SIGN

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.

INCIDENTAL WINDOW SIGN

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.

INFLATABLE SIGN

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.

INTERACTIVE SIGN

An electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers.

LEGIBILITY

The physical attributes of a sign that allow for an observer's differentiation of its letters, words, numbers, or graphics.

LIMITED DURATION SIGN

A nonpermanent sign that is displayed on private property for more than 30 days, but is not intended to be displayed for an indefinite period of time.

MANUAL CHANGEABLE COPY SIGN

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.

MARQUEE

A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.

MARQUEE SIGN

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.

MECHANICAL MOVEMENT SIGN

A sign having parts that physically move rather than merely appearing 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.

MEMORIAL SIGN

A memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message.

MESSAGE CENTER SIGN

A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.

MESSAGE SEQUENCING

The spreading of one message across more than one sign structure.

MURAL

Artwork applied to the wall of a building which covers all or most of the wall and depicts an artistic scene or event of natural, social, cultural or historic significance.

NEON SIGN

A sign illuminated by a neon tube, or other visible light-emanating gas tube, that is bent to form letters, symbols, or other graphics.

NONCONFORMING SIGN

A sign that was legally erected and maintained prior to the effective date of this article, or any subsequent amendment hereto, that does not currently comply with the provisions of this article.

OBSCENE SIGN

Any sign or symbol which displays or contains obscene matter. The matter shall be considered obscene if:

The average person, applying contemporary community standards, would find that the sign or symbol, taken as a whole, appeals to prurient interests;

The sign or symbol depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state or federal law; and/or

The sign or symbol, taken as a whole, lacks serious literary, artistic, political or scientific value.

OFF-PREMISES SIGN

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 sold, produced, manufactured, furnished, or conducted elsewhere than on the premises upon which the sign is located (also known as "billboard").

OFFICIAL TRAFFIC SIGN

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.

ON-PREMISES SIGN

A sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity which is sold, offered, or conducted on the premises upon which the sign is located.

PENNANT SIGN

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.

PERMANENT SIGN

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.

PERSONAL EXPRESSION SIGN

An on-premises sign that expresses an opinion, interest, position, or other noncommercial message.

PORTABLE SIGN

Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs include sandwich board signs and vehicular signs.

PRIVATE DRIVE SIGN

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.

PROJECTED LIGHT SIGN

A sign created by projecting an image on a surface using lighting that is stationary and constant in intensity and color at all times and which may use stencils, photographic images, or other visual media or technology to project the image.

PROJECTING SIGN

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").

PUBLIC SIGN

A sign erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities.

REFLECTIVE SIGN

A sign containing any material or device, including paint, which has the effect of intensifying reflected light.

REVOLVING SIGN

A sign which revolves in a circular motion rather than remaining stationary on its supporting structure.

ROOF SIGN

A building-mounted sign erected upon, against, or over the roof of a building.

SANDWICH BOARD SIGN

A type of freestanding, portable sign consisting of two faces whose message is targeted at pedestrians (also known as a "curb sign," "sidewalk sign" or "A-frame sign").

SCOREBOARD

A sign contained within an athletic venue and intended solely to provide information to the attendees of an athletic event.

SECURITY SIGN

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").

SHIELDED

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.

SIGN

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.

SIGN AREA

The total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols. See § 350-137C for standards for measuring sign area.

SIGN FACE

The part of the sign that is, or can be, used for the sign area. The sign area can be smaller than the sign face.

SIGN HEIGHT

The vertical dimension of a sign as measured using the standards in § 350-137D.

SIGN-SUPPORTING STRUCTURE

The poles, posts, walls, frames, brackets, or other supports that hold a sign in place.

SNIPE SIGN

A sign tacked, nailed, posted, pasted, glued, or otherwise affixed to a tree, pole, stake, fence, public bench, streetlight, or other object, 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").

STOREFRONT

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.

STREAMERS

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.

STREET FRONTAGE

The side or sides of a lot abutting on a public street or right-of-way.

STREET POLE BANNER

A banner suspended above a public sidewalk and attached to a single street pole. These signs shall not contain any commercial advertising.

TEMPORARY SIGN

A type of nonpermanent sign that is located on private property that can be displayed no more than 30 consecutive days, not more than two times per calendar year.

UNDER-CANOPY SIGN

A sign which is mounted entirely under a canopy or the roof of a covered walkway or pedestrian arcade.

VEHICULAR SIGN

Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs is used primarily as stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose. Vehicular signs are considered to be portable signs.

VENDING MACHINE SIGN

A sign displayed on a vending machine indicating the name of the product being sold and/or the price of such product.

WALL SIGN

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").

WINDOW SIGN

A 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.

§ 350-135 Prohibited signs.

It shall be unlawful, upon or after the effective date of this article or any amendment thereto, for any person, firm or corporation to erect any of the following signs within Upper Pottsgrove Township:

Abandoned signs.

Snipe signs.

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.

Mechanical movement signs, including revolving signs.

Pennant strings and streamers.

Animated signs, flashing signs, or signs that scroll or flash text or graphics.

Inflatable devices or balloon signs, with the exception of balloons used in temporary, noncommercial situations.

Any sign that imitates, resembles, interferes with, or obstructs official traffic lights, signs, or signals.

Any sign that prevents free ingress or egress from any door, window, fire escape or other exitway, or that prevents 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.

Signs which emit smoke, visible vapors, particulate matter, sound, or odor, or contain open flames.

Reflective signs or signs containing mirrors.

Interactive signs.

Signs incorporating beacon or festoon lighting.

Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and roadway.

Roof signs.

Signs erected without the permission of the property owner or authorized agent, with the exception of those authorized or required by local, state, or federal government.

Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of the Township Zoning Ordinance.

Signs that exhibit statements, words or pictures of obscene or pornographic subjects as determined by the Township.

Any sign that promotes illegal activity.

§ 350-136 Signs exempt from permit requirements.

The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any.

Official traffic signs.

Government/regulatory signs.

Legal notices.

Public signs.

Signs inside a building or other enclosed facility which are not meant to be viewed from the outside and are located greater than three feet from the window.

Holiday and seasonal decorations.

Personal expression signs of any sign type, including flags, provided that they do not exceed six square feet in area per side, are noncommercial in nature, and are not illuminated.

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.

(1)

Residential districts: signs not to exceed two square feet in area.

(2)

Nonresidential districts: signs not to exceed five square feet in area.

Signs or emblems of a religious, civil, philanthropic, historical, or educational organization that do not exceed four square feet in area.

Private drive signs: one sign per driveway entrance, not to exceed two square feet in area.

Security and warning signs. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.

(1)

Residential districts: signs not to exceed two square feet in area.

(2)

Nonresidential districts: maximum of one large sign per property, not to exceed five square feet in area. All other posted security and warning signs may not exceed two square feet in area.

Flags.

(1)

Location. Flags and flagpoles shall not be located within any right-of-way.

(2)

Height. Flags shall have a maximum height of 30 feet.

(3)

Number: no more than two flags per lot in residential districts, no more than three flags per lot in all other districts.

(4)

Size. Maximum flag size is 24 square feet in residential districts, 35 square feet in all other districts.

(5)

Flags containing commercial messages may be used as permitted freestanding or projecting signs. 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.

(6)

Flags up to six square feet in area located on private property and containing noncommercial messages are considered personal expression signs and are regulated in accordance with § 350-136F.

Vending machine signs, provided that the machine is not placed in the front yard of a property.

Memorial signs, public monument, plaque or historic identification marker erected by a government agency.

Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this article.

Signs advertising the variety of crops growing in a field. Such signs shall be removed after the growing season.

Incidental signs, including incidental window signs, provided that the aggregate area of incidental signs on a property does not exceed three square feet. Incidental sign area in excess of three square feet, where permitted, shall be included.

Directional signs, provided they do not contain any commercial messaging.

(1)

Area. No single directional sign shall exceed four square feet in area.

(2)

Height. Directional signs shall have a maximum height of five feet.

(3)

Illumination. Directional signs shall be nonilluminated.

Art and murals, provided such signs do not contain any commercial messaging.

Temporary signs, in accordance with § 350-138C.

Street pole banner signs, in accordance with § 350-138E.

§ 350-137 General regulations.

Sign location.

(1)

No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or vehicular 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 may occupy a sight triangle.

(3)

Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground utility and communications lines or equipment.

Sign materials and construction.

(1)

Every sign shall be:

(a)

Constructed of durable materials, using noncorrosive fastenings;

(b)

Structurally safe and erected or installed in strict accordance with the Pennsylvania Uniform Construction Code;[1] and

[1]

Editor's Note: See 35 P.S. § 7210.101 et seq.

(c)

Maintained in safe condition and good repair at all times so that all sign information is clearly legible.

Sign area.

(1)

The area of a sign shall mean the area of all lettering, wording, accompanying designs, logos, and symbols together with the background, whether open or enclosed, on which they are displayed. The area of a sign shall not include any supporting framework, bracing, or trim which is incidental to the display, provided that it does not contain any lettering, wording, or symbols.

(2)

Where the sign consists of individual letters, designs or symbols attached to a building, awning/canopy, wall, or window, the area shall be that of the smallest rectangle which encompasses all of the letters, designs, and symbols.

(3)

Signs may be double-sided.

(a)

On-premises signs.

[1]

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.

[2]

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.

[3]

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.

(b)

Off-premises signs.

[1]

An off-premises sign may be double-faced with two advertising surfaces. However, both surfaces shall be the same size and shape.

[2]

Only one side shall be considered when determining the sign area, provided that the interior angle formed by the faces is less than 45°, and the two faces are not more than five feet apart.

[3]

When the interior angle formed by the faces is greater than 45°, or the faces are greater than five feet 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 equal to 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.

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.

Sign spacing. The spacing between sign structures shall be measured as a straight-line distance between the closest edges of each sign.

Sign illumination.

(1)

Signs may be illuminated, unless otherwise specified herein, in compliance with the following standards:

(a)

Location. The summary table below [see § 350-137F(8)] provides detailed information about what types of illumination are permitted in each zoning district.

(b)

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.

(c)

Hours of operation.

[1]

Signs on nonresidential properties may be illuminated from 5:00 a.m. to 12:00 midnight, or 1/2 hour past the close of business of the facility being identified or advertised, whichever is later.

[2]

Signs shall provide an automatic timer to ensure compliance with the limits herein.

(2)

Types of illumination: Where permitted, illumination may be:

(a)

External. Externally illuminated signs, where permitted, are subject to the following regulations:

[1]

The source of the light must be concealed by translucent covers.

[2]

External illumination shall be by a steady, stationary light source, shielded and directed solely at the sign. The light source must be static in color.

(b)

Internal. Internally illuminated signs, where permitted, are subject to the following regulations:

[1]

Internal illumination, including neon lighting, must be static in intensity and color.

[2]

Sign lettering of internally illuminated signs may be neon, backlit, halo-lit illumination, or reverse channel with halo illumination.

[3]

Message center signs are permitted in accordance with the regulations contained in § 350-137F(3).

[4]

Digital displays are permitted in accordance with the regulations contained in § 350-137F(4).

(3)

Message center signs are subject to the following regulations, in addition to all other illumination requirements established in this section.

(a)

Sign type. Message center signs are permitted in the form of freestanding and wall signs, both on-premises and off-premises, in accordance with the regulations established in § 350-138, Regulations by sign type.

(b)

Height. A message center sign shall have the same height limits as other permitted signs of the same type and location.

(c)

Area.

[1]

When used as an on-premises sign, message center signs shall not exceed 30% of the total sign area for all signs permitted on a property.

[2]

When used as an off-premises sign, message center signs may be used for the full permitted sign area.

(d)

Maximum number. Where permitted, one message center sign is permitted per street frontage, with a maximum of two per property.

(e)

Brightness. Message center signs are subject to the following brightness limits.

[1]

Light from a message center shall not exceed 0.3 footcandle over ambient light conditions.

[2]

Each sign must have a light-sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change, to ensure compliance with the limits set herein.

[3]

The sign may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance.

(f)

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 or digital display must transition by changing instantly (e.g., no fade-out or fade-in).

[3]

The length of time each message may be displayed before changing is based upon the visibility and posted speed limit unique to individual signs and adjacent road conditions, but shall be no less than eight seconds. The following method should be used to calculate the minimum message duration for message center signs and digital displays.

[a]

Determine the greatest distance (feet) from which the sign becomes visible on the road the sign is primarily intended to serve. If a sign is intended to be seen from more than one roadway, the road with the lower posted speed limit shall be used.

[b]

Multiply the road's posted speed limit (miles per hour) by 5,280, and then divide by 3,600 to obtain the speed limit in feet/second.

[c]

Divide the visibility distance by the speed limit (feet/second).

[d]

Add an additional 10% of this number to the total.

[e]

The resulting amount of time is the minimum permitted message duration in seconds, provided that it is no less than the minimum of eight seconds.

[4]

Text in message center signs or digital displays shall have a minimum height of 10 inches.

[5]

The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

(g)

Conversion of a permitted non-message center sign to a message center sign requires the issuance of a permit pursuant to § 350-140.1, Permits and applications.

(h)

The addition of any message center sign to a nonconforming sign is prohibited.

(i)

Public service announcements. The owner of every message center sign is encouraged to coordinate with local authorities to display, when appropriate, emergency information important to the traveling public, including, but not limited to AMBER Alerts or other alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

(4)

Digital display signs are subject to the following regulations, in addition to all other illumination requirements established in this section.

(a)

Sign type. Digital display signs are permitted in the form of freestanding and wall signs, both on-premises and off-premises, in accordance with the regulations established in § 350-138, Regulations by sign type.

(b)

Height. A digital display sign shall have the same height limits as other permitted signs of the same type and location.

(c)

Area.

[1]

When used as an on-premises sign, digital display signs shall not exceed 30% of the total sign area for all signs permitted on a property.

[2]

When used as an off-premises sign, digital display signs may be used for the full permitted sign area.

(d)

Maximum number. Where permitted, one digital display sign is permitted per property.

(e)

Brightness. Digital display signs are subject to the following brightness limits.

[1]

Light from a message center shall not exceed 0.3 footcandle over ambient light conditions.

[2]

[3]

The sign may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance.

(f)

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 message center sign or digital display must transition by changing instantly (e.g., no fade-out or fade-in).

[4]

The length of time each message may be displayed before changing is based upon the visibility and posted speed limit unique to individual signs and adjacent road conditions, but shall be no less than eight seconds. Message duration time shall be calculated using the method described in § 350-137F(3)(f)[iii] above.

[5]

Text in digital displays shall have a minimum height of 10 inches.

[6]

The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

(g)

Conversion of a permitted nondigital sign to a digital display sign requires the issuance of a permit pursuant to § 350-140.1, Permits and applications.

(h)

The addition of any digital display to a nonconforming sign is prohibited.

(i)

Public service announcements. The owner of every digital sign is encouraged to coordinate with local authorities to display, when appropriate, emergency information important to the traveling public, including, but not limited to, AMBER Alerts or other alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

(5)

Projected light signs are subject to the following regulations, in addition to all other illumination requirements established in this section.

(a)

Maximum number. Where permitted, a maximum of one projected light sign is permitted per property.

(b)

Projected images shall not extend into any public street.

(c)

Light sources shall be stationary and constant in intensity and color at all times. Light sources shall be shielded from view from all public streets and walkways.

(6)

Electrical standards.

(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)

A sign using electricity shall be installed in compliance with the Township Electrical Code as set forth in the National Electrical Code.

(c)

All signs not attached to a building shall be connected by underground service only.

(d)

The owner of an illuminated sign shall provide certification documentation to the Township showing compliance with the brightness standards set forth herein as a condition precedent to the issuance of a sign permit.

(7)

Glare control. Glare control shall be achieved primarily through the use of such means as 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)

Illumination standards by zoning district.

	Illumination Type
Zoning District	External	Internal	Message Center Sign	Digital Display	Projected Light Sign
Residential Zoning Districts (R-1, R-2, R-3, R-4, R-80, CL, AQ) See § 350-139A for additional sign standards	Y	N	N	N	N
General Commercial and Industrial Zoning Districts (LI, RO) See § 350-139B for additional sign standards	Y	Y	Y^	Y^	Y^
Off-premises*	Y	Y	Y	Y	N/A
Temporary signs*	N	N	N	N	N/A
Portable signs*	N	N	N	N	N/A

KEY:

Y: Illumination type is permitted in that zoning district, subject to standards in § 350-137F.

N: Illumination type is not permitted in that zoning district.

CU: Illumination type is permitted only by conditional use.

NOTES:
*	Subject to the illumination regulations governing off-premises, temporary and portable signs, rather than the illumination standards governing the specific district where the sign is located.
^	Only permitted if sign faces the following streets: Hanover, Farmington, State, or North Charlotte Streets or PA Route 100.

§ 350-138 Regulations by sign type.

On-premises signs.

(1)

Wall signs.

(a)

The lowest edge of a wall sign shall be at least 10 feet above the finished grade of any sidewalk, or 14.5 feet above any parking area or drive.

(b)

No wall sign shall extend more than 12 inches from the building wall on which it is affixed. If the wall sign projects less than three inches from the building wall on which it is affixed, the minimum ten-foot clearance requirement shall not apply.

(c)

No wall sign shall extend above the top of the wall upon which it is mounted or beyond the edges of same.

(2)

Canopy and awning signs.

(a)

A canopy or awning without lettering or other advertising shall not be regulated as a sign.

(b)

Canopy or awning signs must be centered within or over architectural elements such as windows or doors.

(c)

No awning or canopy sign shall be wider than the building wall or tenant space it identifies.

(d)

Letters or numerals shall be located only on the front and side vertical faces of the awning or canopy.

(e)

Logos or emblems are permitted on the top or angled portion of the awning or canopy up to a maximum of three square feet. No more than one emblem or logo is permitted on any one awning or canopy.

(f)

The lowest edge of the canopy or awning sign shall be at least eight feet above the finished grade.

(g)

Any ground-floor awning projecting into a street right-of-way must be retractable or removable.

(h)

Awnings above the ground floor may be fixed, provided they do not project more than four feet from the face of the building.

(i)

Multitenant buildings. If the awning or canopy sign is mounted on a multitenant building, all awning or canopy signs shall be similar in terms of height and projection across all tenants in the building.

(j)

Under-canopy signs. The lowest edge of an under-canopy sign shall be at least eight feet above the finished grade.

(3)

Projecting signs.

(a)

No portion of a projecting sign shall project more than four feet from the face of the building wall on which it is affixed.

(b)

The outermost portion of a projecting sign shall project no closer than five feet from the edge of the paved roadway.

(c)

The lowest edge of a projecting sign shall be at least 10 feet above the finished grade of any sidewalk, or 14.5 feet above any parking area or drive.

(d)

No projecting sign shall extend above the top of the wall upon which it is mounted.

(4)

Window signs. Incidental window signs displaying pertinent business information, such as business hours of operation and credit cards accepted, shall be excluded from area calculations for window signs.

(5)

Marquee signs.

(a)

Such signs shall be located only above the principal public entrance of a building facing a public street or parking lot.

(b)

No marquee shall be wider than the entrance it serves, plus two feet on each side thereof.

(c)

No marquee shall extend closer to the curb than three feet.

(d)

Sign height.

[1]

No portion of a marquee sign shall extend vertically above the top of the wall upon which it is mounted.

[2]

The lowest edge of the marquee sign shall be at least 10 feet above the finished grade.

(6)

Freestanding signs.

(a)

The lowest edge of any freestanding pole sign shall be either less than four feet or greater than 10 feet above the ground.

(b)

Freestanding ground signs shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner to incorporate it into the landscape or architectural design scheme.

(c)

All poles or columns that support freestanding pole signs shall be made of metal or pressure-treated timbers. All such poles shall be embedded in the ground at least 3.5 feet, unless the Code Enforcement Officer directs otherwise.

(d)

The posts of any freestanding pole sign that incorporates a message center or digital display shall have a minimum diameter of 10 inches.

(e)

The maximum height of any freestanding ground sign shall be 3.5 feet.

(f)

Sign placement.

[1]

All freestanding signs, except for official traffic signs and government/regulatory signs, shall be set back at least five feet from the cartway or the right-of-way boundary, whichever is greater.

[2]

No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway of the right-of-way or other areas required to remain unobstructed.

[3]

Where more than one freestanding sign is permitted on the same property, the signs shall be separated by at least 300 feet.

[4]

No freestanding sign shall be located closer to any adjacent public park, church, school, or public playground than the minimum setback or separation distance required for any other adjacent structure or building, as regulated by this section.

(7)

Manual changeable copy signs. Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign.

Limited duration signs.

(1)

General provisions. Limited duration signs that are located on private property and comply with all of the requirements of 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.

(2)

Sign type. Limited duration signs are permitted in the following sign types in all zoning districts, subject to all additional regulations in § 350-138A.

(a)

Freestanding sign.

(b)

Window sign.

(c)

Wall sign.

(3)

Nonresidential zoning districts. The following standards shall apply to limited duration signs located in the LI Limited Industrial and RO Retail Office Districts.

(a)

Large limited duration signs.

[1]

Number. One large limited duration sign is permitted per property in all nonresidential zones. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional large limited duration sign may be permitted, so long as there is a minimum spacing of 300 feet between the two large limited duration signs.

[2]

Area. Each large limited duration sign shall have a maximum area of 16 square feet.

[3]

Height. Large limited duration signs that are freestanding shall have a maximum height of eight feet.

(b)

Small limited duration signs.

[1]

Number. In addition to the large limited duration sign outlined above, one small limited duration sign shall be permitted per property in all nonresidential zones. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional small limited duration sign may be permitted.

[2]

Area. Each small limited duration sign shall have a maximum area of six square feet.

[3]

Height. Small limited duration signs that are freestanding shall have a maximum height of six feet.

(4)

Residential zoning districts. The following standards shall apply to limited duration signs located in the R-1, R-2, R-3, R-4, R-80, CL, and AQ Residential Districts.

(a)

Large limited duration sign.

[1]

Number. One large limited duration sign shall be permitted per property, so long as the property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area.

[2]

Area. Each large limited duration sign shall have a maximum area of 16 square feet.

[3]

Height. Large limited duration signs that are freestanding shall have a maximum height of eight feet.

(b)

Small limited duration sign.

[1]

Number. One small limited duration sign shall be permitted per property.

[2]

Area. Each small limited duration sign shall have a maximum area of six square feet.

[3]

Height. Small limited duration signs that are freestanding shall have a maximum height of six feet.

(5)

Permit requirements.

(a)

A permit for a limited duration sign is issued for one year and may be renewed annually.

(b)

One sign is allowed per permit. An applicant may request up to two permits per address, subject to the size and number requirements set forth in this section.

(c)

An application for a limited duration sign permit must include:

[1]

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;

[2]

A schematic drawing of the site showing the proposed location of the sign in relation to nearby buildings and streets; and

[3]

The number of signs on the site.

(6)

Installation and maintenance.

(a)

All limited duration signs must be installed such that in the opinion of the Township Code Enforcement 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.

(7)

Illumination. Illumination of any limited duration sign is prohibited.

(8)

Summary table for limited duration signs.

	Limited Duration Signs
	Nonresidential Zoning Districts (LI, RO)	Residential Zoning Districts (R-1, R-2, R-3, R-4, R-80, CL, and AQ)
Large Limited Duration Signs	Number: 1 per property; 2 if property is greater than 5 acres and has greater than 400 feet of street frontage or greater than 10,000 square feet of floor area Maximum Area: 16 square feet Maximum Height: 8 feet	1 per property if property is greater than 5 acres with greater than 400 feet of street frontage or has greater than 10,000 square feet of floor area Maximum Area: 16 square feet Maximum Height: 8 feet
Small Limited Duration Signs	Number: 1 per property; 2 if property is greater than 5 acres and has greater than 400 feet of street frontage or greater than 10,000 square feet of floor area Maximum Area: 6 square feet Maximum Height: 6 feet	Number: 1 per property Maximum Area: 6 square feet Maximum Height: 6 feet

Temporary signs.

(1)

General provisions. Temporary signs that are located on private property and comply with all of the requirements of 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. Unless otherwise stated below, the requirements listed below shall apply to both commercial and noncommercial signs.

(2)

Nonresidential zoning districts. The following standards shall apply to temporary signs located in the LI Limited Industrial and RO Retail Office Districts.

(a)

Large temporary signs.

[1]

Number. One large temporary sign is permitted per property. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional large temporary sign may be permitted, so long as there is a minimum spacing of 300 feet between the two large temporary signs.

[2]

Sign type. Large temporary signs are permitted in the following sign types, subject to all additional regulations in § 350-138, Regulations by sign type.

[a]

Freestanding sign.

[b]

Window sign.

[c]

Wall sign.

[d]

Banner sign.

[3]

Area.

[a]

Each large temporary freestanding, window, or wall sign shall have a maximum area of 16 square feet.

[b]

Each large temporary banner shall have a maximum area of 32 square feet.

[4]

Height.

[a]

Large temporary signs that are freestanding shall have a maximum height of eight feet.

[b]

Banners shall hang at a height no greater than 24 feet.

(b)

Small temporary signs.

[1]

Number. In addition to the large temporary sign(s) outlined above, one small temporary sign is permitted per property. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional small sign may be permitted so long as there is a minimum spacing of 200 feet between both sets of small temporary signs.

[2]

Sign Type. Small temporary signs are permitted in the following sign types, subject to all additional regulations in § 350-138, Regulations by sign type.

[a]

Freestanding sign.

[b]

Window sign.

[c]

Wall sign.

[3]

Area. Each small temporary sign shall have a maximum area of six square feet.

[4]

Height. Small temporary signs shall have a maximum height of six feet.

(3)

Residential zoning districts. The following standards shall apply to temporary signs located in the R-1, R-2, R-3, R-4, R-80, CL, and AQ Zoning Districts.

(a)

Large temporary signs.

[1]

Number. One large temporary sign shall be permitted per residential property so long as the property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area.

[2]

Sign type. Large temporary signs are permitted in the following sign types, subject to all additional regulations in § 350-138, Regulations by sign type.

[a]

Freestanding sign.

[b]

Window sign.

[c]

Wall sign.

[d]

Banner sign.

[3]

Area.

[a]

Each large temporary freestanding, window, or wall sign shall have a maximum area of 16 square feet.

[b]

Each large temporary banner shall have a maximum area of 32 square feet.

[4]

Height.

[a]

Large temporary signs that are freestanding shall have a maximum height of eight feet.

[b]

Banners shall hang at a height no greater than 24 feet.

(b)

Small temporary signs.

[1]

Number of signs. One small temporary sign is permitted per property.

[2]

Area. Each small temporary sign shall have a maximum area of six square feet.

[3]

Height. Small temporary signs shall have a maximum height of six feet.

(4)

Duration and removal.

(a)

Temporary signs may be displayed up to a maximum of 30 consecutive days, two times per calendar year.

(b)

The Township or the property owner may confiscate temporary signs installed in violation of this article. Neither the Township nor the property owner is responsible for notifying sign owners of confiscation of an illegal temporary sign.

(5)

Permission. The party posting the temporary sign is solely responsible for obtaining the permission of the property owner before posting such party's temporary sign.

(6)

Municipal 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.

(7)

Installation and maintenance.

(a)

All temporary signs must be installed such that in the opinion of the Township Code Enforcement Officer, they do not create a safety hazard.

(b)

All temporary signs must be made of durable materials and shall be well maintained.

(c)

Temporary signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and required to be removed.

(8)

Illumination. Illumination of any temporary sign is prohibited.

(9)

Summary table for temporary signs.

	Temporary Signs
	Nonresidential Zoning Districts (LI, RO)	Residential Zoning Districts (R-1, R-2, R-3, R-4, R-80, CL, and AQ)
Large Temporary Signs	Number: 1 per property; 2 if property is greater than 5 acres and has greater than 400 feet of street frontage or greater than 10,000 square feet of floor area Maximum Area: Freestanding, Window or Wall: 16 square feet Banner: 32 square feet Maximum Height: Freestanding, Window or Wall: 8 feet Banner: 24 feet	1 per property if property is greater than 5 acres with greater than 400 feet of street frontage or has greater than 10,000 square feet of floor area Maximum Area: Freestanding, Window or Wall: 16 square feet Banner: 32 square feet Maximum Height: Freestanding, Window or Wall: 8 feet Banner: 24 feet
Small Temporary Signs	Number: 1 per property; 2 if property is greater than 5 acres and has greater than 400 feet of street frontage or greater than 10,000 square feet of floor area Maximum Area: 6 square feet Maximum Height: 6 feet	Number: 1 per property Maximum Area: 6 square feet Maximum Height: 6 feet

Portable signs.

(1)

General provisions.

(a)

Illumination. Illumination of any portable sign is prohibited.

(b)

Hours of display.

[1]

Signs shall not be displayed on any premises before 6:00 a.m. and shall be removed each day at or before 10:00 p.m. However, all portable signs must be taken indoors during hours of nonoperation of the business being advertised.

[2]

All portable signs must be taken indoors during inclement weather.

(2)

Sandwich board signs. Sandwich board 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)

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.

(b)

Area. Each sign shall have a maximum area of seven square feet per sign face.

(c)

Height. Signs shall have a maximum height of 3.5 feet.

(d)

Sign placement.

[1]

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.

[2]

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.

[3]

Sandwich board shall be weighted, temporarily secured, or strategically placed so as to avoid being carried away by high winds.

(e)

Manual changeable copy.

[1]

Manual changeable copy signs are permitted when integrated into a sandwich board sign.

[2]

Commercial messages must advertise only goods and services available on the premises.

(3)

Vehicular signs. Vehicular signs are subject to the regulations found in the Township's Vehicle Code.[1]

[1]

Editor's Note: See Ch. 330, Vehicles and Traffic.

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 curbline.

[2]

Street pole banners shall maintain a minimum of three-foot 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.

(e)

Installation and maintenance.

[1]

All street pole banners must be made of lightweight and durable fabrics with wind slits.

[2]

Street pole banners that are frayed, torn, or faded so that they are no longer legible will be deemed unmaintained and will be required to be removed.

(2)

Permit requirements.

(a)

Although street pole banner signs are exempt from the standard permit requirements, the Township Code Enforcement Officer must approve an application for a street pole banner sign.

(b)

An application for a street pole banner sign 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, specifications for the bracket installation system must be submitted.

Off-premises signs.

(1)

Locations permitted. Off-premises signs are permitted on lots having frontage along Pennsylvania State Route 100 and located within the LI Limited Industrial or Route 100 Overlay Districts.

(2)

Sign size. The maximum area of an off-premises sign shall be 450 square feet. The total length of the sign structure shall not exceed 20 feet.

(3)

Sign height.

(a)

The lowest edge of an off-premises sign shall be at least seven feet above the finished grade.

(b)

Off-premises signs shall have a maximum height of 30 feet.

(4)

Spacing. Off-premises signs shall be:

(a)

Set back 50 feet from the ultimate right-of-way line.

(b)

Located no closer than 500 feet from any intersection, or interchange (on/off ramp).

(c)

Located no closer than 100 feet from any property line.

(d)

Located no closer than 1,000 feet from any property line abutting a public park, playground, religious institution, cemetery, school, or residential district.

(e)

Located no closer than 50 feet from any building, structure, or on-premises sign located on the same property.

(f)

Located no closer than 500 feet from another off-premises sign on the same side of the road, measured linearly.

(g)

Located no further than 200 feet from any street frontage.

(h)

Not 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.

(i)

Not located on sewer rights-of-way, or water, electric, or petroleum pipelines.

(j)

Not located on a bridge.

(5)

Number of signs per lot. There shall be no more than one off-premises sign per lot. Vertically or horizontally stacked signs shall not be permitted.

(6)

Content. Off-premises signs shall not display any message or graphic of an obscene or pornographic nature as determined by the Township.

(7)

Double-sided off-premises signs. Signs may be single- or double-sided, in accordance with § 350-137C, Sign area. Both sides of double-sided off-premises signs shall be the same size.

(8)

Message sequencing. Message sequencing is prohibited.

(9)

Construction and maintenance.

(a)

All plans for off-premises signs shall be certified by a licensed engineer registered in Pennsylvania.

(b)

All off-premises advertising signs shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America or its successor organization. All off-premises advertising signs shall be structurally sound and maintained in good condition and in compliance with the Pennsylvania Uniform Construction Code.[2]

[2]

Editor's Note: See 35 P.S. § 7210.101 et seq.

(c)

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 Township.

(d)

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 Township a certificate certifying that the billboard is structurally sound.

(10)

Identification of sign owner. All off-premises signs shall be identified on the structure with the name, address, and phone number of the owner of such sign.

(11)

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.

(12)

Additional regulations. All off-premises signs shall comply with any and all applicable zoning regulations of Upper Pottsgrove Township, and any and all municipal, 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.

(13)

Application/plan requirements. Plans submitted for off-premises advertising signs shall show the following:

(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)

Site plan containing all of the applicable requirements set forth in the Township Zoning Code, as amended.

(f)

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.

(g)

A written statement from the owner of the property, duly notarized, 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, remove the sign at such time that there is no further use of the sign.

(14)

Illumination and changeable copy of off-premises signs.

(a)

Off-premises signs may incorporate manual changeable copy signs.

(b)

Off-premises signs may be illuminated, provided that:

[1]

All light sources are designed, shielded, arranged, and installed to confine or direct all illumination to the surface of the off-premises sign and away from adjoining properties.

[2]

Light sources are not visible from any street or adjoining properties.

(c)

The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Message center sign.

[2]

Digital display.

[3]

External illumination.

[4]

Internal illumination.

(d)

Off-premises signs may incorporate Tri-Vision boards.

[1]

The length of time each message of the Tri-Vision board may be displayed before changing is based upon the visibility and posted speed limit unique to individual signs and adjacent road conditions.

[2]

Message duration. The minimum length of time each message may be displayed on a Tri-Vision board is based upon the visibility and speed limit unique to individual signs and adjacent road conditions. The message duration shall be calculated using the formula identified in § 350-137F(3)(f)[3].

(15)

Safety. In the event a special exception is required for any proposed sign, 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 manner and location that it is proposed and in the manner by which it is to be operated.

§ 350-139 Sign regulations by zoning districts.

Signs in residential zoning districts. In addition to the exempt signs described in § 350-136, the following numbers and types of signs may be erected in the R-1, R-2, R-3, R-4, R-80, CL and AQ Residential Districts, subject to the conditions specified herein and in § 350-138.

(1)

Any limited duration sign as defined and regulated in § 350-138B.

(2)

Any temporary sign as defined and regulated in § 350-138C.

(3)

Home occupations.

(a)

Freestanding signs. One freestanding sign shall be permitted, subject to the following regulations.

[1]

Area. Each sign shall have a maximum area of six square feet per sign face.

[2]

Height. Each sign shall have a maximum height of six feet.

[3]

Illumination. Signs shall be nonilluminated.

(b)

Wall signs. One wall sign shall be permitted, subject to the following regulations:

[1]

Area. Each sign shall have a maximum area of two square feet.

[2]

Height. Each sign shall have a maximum height equal to the eaveline or the bottom of the second story window sill, whichever is lower.

[3]

Illumination. Signs shall be nonilluminated.

(4)

Residential developments and apartment buildings.

(a)

Freestanding signs. One freestanding sign shall be permitted per street entrance of a property containing more than 10 dwelling units, subject to the following regulations.

[1]

Area. Each sign shall have a maximum area of 32 square feet per sign face.

[2]

Height. Each sign shall have a maximum height of eight feet.

[3]

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F.

[a]

External illumination.

(b)

Awning/canopy/under-canopy signs. One awning, canopy, or under-canopy sign shall be permitted per building entrance to an apartment or amenity building, subject to the following regulations.

[1]

Height. Each sign shall have a maximum height equal to the eaveline or the bottom of the second story window sill, whichever is lower.

[2]

Illumination. Signs shall be nonilluminated.

(5)

Signs associated with a park or open space use within a residential district shall comply with § 350-139C, Sign regulations for park and open space uses in all districts.

(6)

Signs associated with an institutional use, including schools, religious institutions, municipal buildings, hospitals, and clubs within a residential district shall comply with § 350-139D, Sign regulations for institutional uses in all districts.

(7)

Summary table for Signs in the R-1, R-2, R-3, R-4, R-80, CL and AQ Residential Districts.

Sign Regulations for the R-1, R-2, R-3, R-4, R-80, CL and AQ Residential Districts
Sign Type	Freestanding	Wall	Awning/Canopy
Maximum Number	Home occupations: 1 per lot Residential developments or apartment buildings: 1 per street entrance	Home occupations: 1 per lot	Apartment buildings: 1 per building entrance
Maximum Area (square feet)	Home occupations: 6 Residential developments or apartment buildings: 15	Home occupations: 2	N/A
Maximum Height (feet)	Home occupations: 6 Residential developments or apartment buildings: 8	The eaveline or the bottom of the second story window sill, whichever is lower

Signs in general commercial and industrial zoning districts. In addition to the exempt signs described in § 350-136, the following numbers and types of signs may be erected in the RO Retail Office, LI Limited Industrial, and Route 100 Overlay Districts, subject to the conditions specified herein and in § 350-138, Regulations by sign type.

(1)

Any sign permitted in residential districts, for the appropriate uses, as defined and regulated in § 350-139A, Signs in residential zoning districts.

(2)

Any portable sign as defined and regulated in § 350-138, Regulations by sign type, Subsection D, Portable signs.

(3)

Any street pole banner as defined and regulated in § 350-138, Regulations by sign type, Subsection E, Street pole banner signs.

(4)

The total area of all wall, awning/canopy, and projecting signs shall be limited to 1.5 square feet per one linear foot of building frontage that faces a public street or public parking lot, subject to maximum size limitations based on sign type.

(5)

Wall signs for nonresidential uses shall be permitted, subject to the following regulations.

(a)

Number: one sign per tenant per street frontage, up to a maximum of two signs per tenant. Where a property has entrances facing both a street and a parking lot, an additional sign is permitted to face the parking lot.

(b)

Area. Each sign shall have a maximum area of 32 square feet per sign face.

(c)

Height. Each sign shall have a maximum height equal to the eaveline.

(d)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Internal illumination.

[2]

External illumination, lit from above.

[3]

Message center sign.

[4]

Digital display.

(6)

Awning, canopy, or under canopy signs for non-residential uses shall be permitted, subject to the following regulations.

(a)

Height. Each sign shall have a maximum height equal to the eaveline.

(b)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

External illumination, lit from above.

(7)

Projecting signs for nonresidential uses shall be permitted, subject to the following regulations.

(a)

Number: one projecting sign per ground floor establishment, plus one projecting sign per building entrance serving one or more commercial tenants without a ground floor entrance.

(b)

Area. Each sign shall have a maximum area of 24 square feet per sign face.

(c)

Height. Each sign shall have a maximum height equal to the eaveline.

(d)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Internal illumination.

[2]

External illumination, lit from above.

(8)

Window signs for nonresidential uses shall be permitted, subject to the following regulations.

(a)

Area. A maximum of 25% of the total window area of any single storefront may be used for permanent signs that are etched, painted, or permanently affixed to the window. A maximum of 35% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.

(b)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Neon lighting.

(9)

Marquee signs for nonresidential uses shall be permitted, subject to the following regulations.

(a)

Number: one marquee structure per building.

(b)

Area. The total area of all signs on a single marquee structure shall not exceed 200 square feet.

(c)

Height. Each sign shall have a maximum height equal to the eaveline of the building.

(d)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Internal illumination.

[2]

Message center sign.

[3]

Digital display.

(10)

Freestanding signs. In addition to building signs, freestanding signs for nonresidential uses shall be permitted to the following regulations.

(a)

Number. One freestanding sign shall be permitted per street frontage, up to a maximum of two signs per lot, subject to the following regulations.

[1]

For permitted gas stations, one additional freestanding sign per street frontage shall be permitted for the advertising of gas prices and identification of the gas station only, up to two additional signs per property.

[2]

For permitted drive-through establishments, one additional freestanding sign shall be permitted for the advertising of items for sale to users of the drive-through lane only.

(b)

Area. Each sign, including signs that feature more than one tenant, shall have a maximum area of 100 square feet.

(c)

Height. Each sign shall have a maximum height of 30 feet.

(d)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Internal illumination.

[2]

Message center sign.

[3]

Digital display.

(e)

No freestanding sign related to a commercial use may be located nearer to a residential lot line than the minimum setback distance required for other nonresidential structures.

(11)

Off-premises advertising signs. Off-premises signs shall be permitted, subject to the regulations detailed in § 350-138, Regulations by sign type, Subsection F, Off-premises signs.

(12)

Signs associated with a park or open space use within the LI, RO or Route 100 Overlay Districts shall comply with § 350-139C, Sign regulations for park and open space uses in all districts.

(13)

Signs associated with an institutional use, including schools, religious institutions, municipal buildings, hospitals, and clubs, within LI, RO or Route 100 Overlay Districts shall comply with § 350-139D, Sign regulations for institutional uses in all districts.

(14)

Summary table for signs in the RO Retail Office, LI Limited Industrial, and Route 100 Overlay Districts.

Sign Regulations for the RO Retail Office, LI Limited Industrial, and Route 100 Overlay Districts
Sign Type	Wall and Awning/Canopy	Projecting	Window	Marquee	Freestanding
Maximum Number	Wall: 1 per tenant per street frontage (up to 2 per tenant) Awning/canopy: N/A	1 per ground floor establishment, plus 1 per building entrance serving tenants without a ground floor entrance	N/A	1 per building	1 per street frontage, up to 2 per lot (additional signs allowed for gas stations and drive through establishments)
Maximum Area (Total)	1.5 square feet per linear foot of building frontage facing a public street or parking lot, subject to maximum size limitations based on sign type		N/A	N/A	N/A
Maximum Area (Individual)	Wall: 32 square feet Awning/canopy: N/A	20 square feet	25% total window area (permanent signs); 35% (all signs)	200 square feet	50 square feet plus an additional 10 square feet per tenant up to 100 square feet
Maximum Height	The eaveline		N/A	The eaveline	20 feet

Sign regulations for park and open space uses in all districts.

(1)

Freestanding signs shall be permitted, subject to the following regulations.

(a)

Number: one sign per street access to a park or open space facility.

(b)

Area. Each sign shall have a maximum area of 24 square feet per sign face.

(c)

Height. Signs shall have a maximum height of 10 feet.

(d)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

External illumination.

(2)

Signs located on the interior of the site used to identify various use areas, facility boundaries, on-site traffic direction, trail use information, the hours and rules for the use of the grounds, etc., are exempt from permit requirements, subject to the following:

(a)

Area. Each sign shall have a maximum area of 10 square feet.

(b)

Height. Signs shall have a maximum height of eight feet.

(c)

Illumination. These signs shall be nonilluminated.

(3)

Signs for recreation and sporting facilities shall be allowed, provided that the following criteria are met:

(a)

Signs on the interior walls or fence of an open stadium or field shall be no greater than 24 square feet in size and shall be designed to be viewed from the inside of the stadium only, and nonilluminated.

(b)

One freestanding scoreboard, not to exceed 200 square feet in area and 20 feet in height, is permitted per playing field.

[1]

Commercial messages shall not exceed 30% of the front face of the scoreboard.

[2]

The face of all scoreboards, including any attached commercial signs and panels, shall be permanently oriented toward the recreation and spectator area.

[3]

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[a]

Internal illumination.

[b]

External illumination.

[c]

Message center sign.

[d]

Digital display (not to exceed 30% of the total scoreboard area).

(4)

Summary table for signs for park and open space uses in all districts.

Park and Open Space Uses in All Districts
Sign Type	Wall and Projecting	Freestanding
Maximum Number	N/A	Parks and open space: Entrance signs: 1 per street entrance Scoreboards: 1 per playing field
Maximum Area (square feet)	Signs on the interior walls or fence of an open stadium: 24	Entrance signs: 24 Scoreboards: 200 Interior signs: 10
Maximum Height	N/A	Entrance signs: 10 feet Scoreboards: 20 feet Interior signs: 8 feet

Sign regulations for institutional uses in all districts.

(1)

Freestanding signs for institutional uses, including schools, religious institutions, municipal buildings, hospitals, and clubs, shall be permitted, subject to the following regulations.

(a)

Number: one sign per street access, up to two signs per property held in single and separate ownership.

(b)

Area. Each sign shall have a maximum area based on the lot size of the property as follows:

[1]

On lots less than two acres: 24 square feet.

[2]

On lots of two acres or more but less than five acres: 40 square feet.

[3]

On lots of five acres or more: 60 square feet.

(c)

Height. Signs shall have a maximum height of 10 feet.

(d)

Illumination. The following illumination types shall be permitted subject to the regulations in § 350-137F, Sign illumination.

[1]

Internal illumination.

[2]

External Illumination.

[3]

Message center sign.

(e)

Freestanding signs located on the interior of the site used to identify facilities; on-site traffic direction, hours of operation, and other information are exempt from permit requirements, subject to the following:

[1]

Area. Each sign shall have a maximum area of 10 square feet.

[2]

Height: Each sign shall have a maximum height of eight feet.

[3]

Illumination. These signs shall be nonilluminated.

(2)

Building signs, including wall signs, awning or canopy signs, projecting signs, and window signs, are permitted for institutional uses. The total maximum sign area of all building signs shall be based on the lot size of the property and wall area of the building as follows:

(a)

Area.

[1]

On lots less than two acres:

[a]

Total sign area of all building signs shall not exceed 5% of the total wall area for all walls that directly face a public street or parking lot.

[b]

No single building sign shall exceed 24 square feet.

[2]

On lots of two acres or more but less than five acres:

[a]

Total sign area of all building signs shall not exceed 6% of the total wall area for all walls that directly face a public street or parking lot.

[b]

No single building sign shall exceed 36 square feet.

[3]

On lots of five acres or more:

[a]

Total sign area of all building signs shall not exceed 7% of the total wall area for all walls that directly face a public street or parking lot.

[b]

No single building sign shall exceed 60 square feet.

(b)

Height. Signs shall have a maximum height equal to the eaveline.

(c)

Illumination. The following illumination types shall be permitted, subject to the regulations in § 350-137F, Sign illumination.

[1]

Internal illumination.

[2]

External illumination, lit from above.

(3)

Summary table for institutional uses in all districts.

Institutional Uses in All Districts
Sign Type		Wall, Awning/Canopy, Projecting and Window	Freestanding
Maximum Number		N/A	1 per street access, up to 2 per lot
Maximum Area	Lots less than 2 acres	5% of the total wall face area of walls that directly face a public street or parking lot. No single wall sign shall exceed 24 square feet	24 square feet
	Lots equal to or greater than 2 and less than 5 acres	6% of the total wall face area of walls that directly face a public street or parking lot. No single wall sign shall exceed 36 square feet	40 square feet
	Lots equal to or greater than 5 acres	7% of the total wall face area of walls that directly face a public street or parking lot. No single wall sign shall exceed 60 square feet	60 square feet
Maximum Height		The eaveline	10 feet

§ 350-140 Removal of unsafe, unlawful, or abandoned signs.

Unsafe or unlawful signs.

(1)

Upon written notice by the Township, 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 so that it no longer serves a useful purpose of communication, or it is determined by the Township to be a nuisance, or it is deemed unsafe by the Township, or it is unlawfully erected in violation of any of the provisions of this article.

(2)

The Township may remove or cause to be removed the sign at the expense of the owner and/or lessee in the event that the owner or the person or firm maintaining the sign has not complied with the terms of the notice within 30 days of the date of the notice. In the event of immediate danger, the Township may remove the sign immediately upon the issuance of notice to the owner, person, or firm maintaining the sign and advise the owner how he or she may retrieve and obtain possession of the sign.

Abandoned signs.

(1)

It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove such sign within 60 days of the sign becoming abandoned as defined in this article. Removal of an abandoned sign shall include the removal of the entire sign, including the sign face, supporting structure, and structural trim.

(2)

Where the owner of the property on which an abandoned sign is located fails to remove such sign within 60 days of the date of the notice, the Township 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 Township may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign.

§ 350-140.1 Permits and applications.

It shall be unlawful to erect, construct, or significantly alter any sign which requires a sign permit without first filing an application in writing to the Township Code Enforcement/Zoning Officer, which shall contain or have attached thereto the following information:

(1)

Name of organization and location.

(2)

The name, address, and telephone number of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person to be erecting or affixing the sign.

(3)

The location of the building, structure, or zoning lot on which the sign is to be erected or affixed.

(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)

The building elevations, existing and proposed facades, parapet walls, eaveline, and the location and size of all proposed and existing permanent signage.

(9)

If required by the Code Enforcement/Zoning Officer, a copy of stress sheets and calculations prepared by or approved by a registered structural engineer, licensed by the Commonwealth of Pennsylvania, showing that the sign is designed for dead load and wind pressure in any direction in the amount required by this chapter and all other applicable ordinances of the Township.

(10)

Current photographs showing existing signs on the premises and certifying the date on which the photographs were taken.

(11)

The written consent of the owner of the building, structure, or property on which the sign is to be erected or affixed.

(12)

Such other information as may be required by the Township Code Enforcement/Zoning Officer.

(13)

A permit fee, as established pursuant to a resolution by the Board of Commissioners of Upper Pottsgrove Township, shall be paid.

The Township shall have 30 days from receipt of a complete application to review the application.

If the Township does not issue a determination within the thirty-day period, the sign permit is deemed approved.

An application for a sign permit may be denied by the Township if the application fails to comply with the standards contained herein. The Township shall inform the applicant of the reasons for denying the application for a sign permit, in writing, by first-class mail.

Upon denial of an application for a sign permit, the applicant shall have the right to appeal said denial to the Upper Pottsgrove Township Zoning Hearing Board as permitted by the Township Zoning Ordinance and the Pennsylvania Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

With the exception of limited duration signs and 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 cost more than 50% of the replacement cost of the damaged sign), the organization must apply for a new sign permit, and pay an additional fee, if required.

If the work authorized under a sign permit has not been completed within 90 days after the date of permit issuance, the permit shall become null and void, unless otherwise extended by the Code Enforcement Officer for a single additional ninety-day period.

§ 350-140.2 Nonconforming signs.

Any sign legally existing at the time of the adoption of this article that does not conform to the requirements of this article shall be considered a nonconforming sign.

All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs:

(1)

The 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 article.

(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)

The property on which the nonconforming sign is located submits a subdivision or land development application requiring municipal review and approval.

(7)

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 by the Township.

All nonconforming signs, except those which are painted onto building walls, may be repainted, resurfaced or repaired, provided that they are not substantially destroyed or abandoned, and provided such does not increase the dimension of the existing sign.

A nonconforming sign must be removed within 14 days after notification by the Township Code Enforcement Officer or be made to conform to this article in every respect whenever:

(1)

It is not securely attached to the ground, wall, or roof and can be easily moved; or

(2)

It becomes so deteriorated that it no longer serves a useful purpose of communication and is a nuisance as determined by the Township; or

(3)

It is abandoned by the owner or the use is abandoned.

(4)

The building or structure is demolished or when a building or structure renovation or expansion amounts to over 50% of the market value of the building or structure as assessed by the Montgomery County Board of Assessment Appeals.

(5)

Upper Pottsgrove Township approves an application for a sign permit in cases where the nonconforming sign is to be significantly altered.

To determine the legal status of existing signs in each of the cases listed in § 350-140.2B, the applicant shall submit the following information to the Township's Code Enforcement Officer:

(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 between the curbline or shoulder and the nearest portion of the sign.

(4)

Type of sign illumination.

(5)

The material of which the sign is constructed.

(6)

The building frontage.

(7)

If an off-premises sign, the applicant shall also submit the plan requirements listed in § 350-138F.

Prior to the events listed in § 350-140.2B, nonconforming signs may be repainted or repaired up to 50% of the replacement cost of the sign, the sign copy may be changed, and sign faces may be replaced, provided that these actions do not increase the dimensions of the existing sign, and do not in any way increase the extent of the sign's nonconformity.

Nonconforming signs shall be exempt from the provisions of § 350-140.2B under the following conditions:

(1)

The nonconforming sign possesses documented historic value.

(2)

The nonconforming sign is of a unique nature or type by virtue of its architectural value or design, as determined by the National Park Service or Pennsylvania Historical and Museum Commission.

(3)

When a nonconforming sign is required to be moved because of public right-of-way improvements.

(4)

The Township Board of Commissioners determines that the nonconforming sign is of a unique nature or type by virtue of its architectural value or design.

All nonconforming temporary signs, portable signs, and banners must be permanently removed within 90 days of the effective date of this article, unless specific approval is granted as provided for herein.

§ 350-140.3 Signs on premises of legally nonconforming uses.

Signs on the premises of legally nonconforming uses may remain until the existing use of the premises is discontinued.

If a sign wears out or is damaged (including rust, faded colors, discoloration, holes, or missing parts or informational items), or is changed for any other reason, the number, size, and area of all signs relating to the premises shall not be increased beyond the characteristics of the sign or signs that existed on the property at the time this article was adopted.

§ 350-140.4 Violations.

In addition to remedies as described in § 350-140, the placement of a sign that requires a sign permit without a sign permit shall be unlawful. All violations of this article shall be enforced in accordance with § 350-157 of the Township Zoning Ordinance.

Illegal signs. Any sign installed or placed on public property, or within any public right-of-way, or any sign, in the opinion of the Code Enforcement/Zoning Officer, which sign's continued presence would constitute a safety or visibility hazard to the public, that is not in conformance with the requirements of this article or of Chapter 350, Zoning, of the Code of Township of Upper Pottsgrove, also known as the "Upper Pottsgrove Township Zoning Ordinance," shall be subject to removal by the Township Code Enforcement/Zoning Officer.

In addition to all other authorized remedies, the Township will have the right to recover from the owner or person placing such a sign the full cost of removal and disposal of such sign. In such cases, a lien shall be placed against the property on which the sign was situated in the amount of the cost incurred by the Township in removing the sign, in the event the owner of the premises or the sign fails to pay the cost of removal and disposal.

Upper Pottsgrove Township
City Zoning Code

ARTICLE XVI

§ 350-132 Applicability of regulations.

§ 350-133 Intent.

§ 350-134 Definitions.

§ 350-135 Prohibited signs.

§ 350-136 Signs exempt from permit requirements.

§ 350-137 General regulations.

§ 350-138 Regulations by sign type.

§ 350-139 Sign regulations by zoning districts.

§ 350-140 Removal of unsafe, unlawful, or abandoned signs.

§ 350-140.1 Permits and applications.

§ 350-140.2 Nonconforming signs.

§ 350-140.3 Signs on premises of legally nonconforming uses.

§ 350-140.4 Violations.

Upper Pottsgrove TownshipCity Zoning Code

ARTICLE XVI

§ 350-132 Applicability of regulations.

§ 350-133 Intent.

§ 350-134 Definitions.

§ 350-135 Prohibited signs.

§ 350-136 Signs exempt from permit requirements.

§ 350-137 General regulations.

§ 350-138 Regulations by sign type.

§ 350-139 Sign regulations by zoning districts.

§ 350-140 Removal of unsafe, unlawful, or abandoned signs.

§ 350-140.1 Permits and applications.

§ 350-140.2 Nonconforming signs.

§ 350-140.3 Signs on premises of legally nonconforming uses.

§ 350-140.4 Violations.

Upper Pottsgrove Township
City Zoning Code