West Conshohocken City Zoning Code
ARTICLE XXIII
Signs
§ 113-157 Legislative intent.
In expansion of the declaration of legislative intent contained in Article I, § 113-3, of this chapter and the statement of community development objectives contained in Article I, § 113-5, of this chapter, it is hereby declared to be the intent of this article to provide for the regulation of signs as a proper exercise of the police powers granted to the municipalities, in the Pennsylvania Municipalities Planning Code,[1] to protect the public health, safety and welfare in accordance with the following objectives:
A.
To control the size, location, illumination and maintenance of signs in the Borough in order to reduce hazards to pedestrians and to vehicular traffic on roads with the Borough.
B.
To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, in order to enhance the economic value, the visual character and avoid the degradation of the residential and business community.
C.
To establish criteria designed to encourage signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors and legible in circumstances in which they are seen.
D.
To provide for the removal of signs which constitute a hazardous or blighting influence.
[1]
Editors Note: See 53 P.S. § 10101 et seq.
§ 113-158 Additional definitions.
B.
The singular shall include the plural, and the masculine shall include the feminine.
C. BANNER SIGN BOROUGH BUILDING CODE (BOCA BUILDING CODE) BOROUGH BUILDING CODE (INTERNATIONAL BUILDING CODE) BUILDING FRONTAGE(1) (2) CHANGEABLE-COPY SIGN GROUND SIGN LOT, CORNER OFFENSIVE SIGN OFF-PREMISES SIGN PERSON PROJECTING SIGN SIGN SIGN AREA(1) (2) (3) TRAILER SIGN VISUAL COMMUNICATION TECHNOLOGY (VCT) WALL SIGN WINDOW SIGN
As used in this article, the following terms shall have the meanings indicated:
A sign with its copy on nonrigid material such as cloth, plastic, fabric or paper, with no supporting framework.
[Added 7-13-2010 by Ord. No. 2010-11, approved 7-13-2010]
The current edition of the Uniform Building Code (currently the BOCA Code as adopted by West Conshohocken Borough) shall be utilized as related to those guidelines with respect to construction standards, approved materials and projection standards, unless otherwise specified in this article.
The current edition of the Uniform Building Code (currently the International Building Code as adopted by West Conshohocken Borough) shall be utilized as related to those guidelines with respect to construction standards, approved materials and projection standards, unless otherwise specified in this article.
[Added 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
For the purpose of calculating the allowable total sign area:
The linear footage of building face which serves as a principal approach to a building and which building face fronts upon a public street, a shopping center driveway, parking area or pedestrian mall or walkway.
For corner lots, such footage may be calculated separately for the principal approach and one adjacent face, if such face also fronts on a public street, a shopping center driveway, public parking area, pedestrian mall or public walkway. A sign area calculated for each frontage shall be erected on that frontage only and shall not be increased by the sign area calculated for another frontage. Signs shall be permitted on two frontages only.
A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
A sign erected upon a support sunk into the ground and not attached to any building.
A lot which abuts on at least two intersecting public streets. In the case of a shopping center, driveways, public parking areas, pedestrian malls and public walkways shall be considered public streets for the purpose of this section. Frontage upon a service driveway to an unloading area shall not be considered in determining corner lot status.
One which displays or contains any lewd, vulgar, indecent or obscene matter. Matter shall be considered "lewd, vulgar, indecent, or obscene" if, to the average person, applying contemporary community standards, the dominant theme taken as a whole appeals to prurient interest or if it is utterly without redeeming social importance or if it goes substantially beyond customary limits of candor in description or representation or if it is characterized by patent offensiveness or if it is hardcore pornography.
A sign which advertises or otherwise directs attention to an activity not on the same lot, which may use a visual communication technology (VCT), such as light-emitting diodes (LED) or other internal light sources, to communicate municipal, civic or emergency messaging, on-premises advertising, and/or commercial off-premises advertising.
[Amended 11-13-2018 by Ord. No. 2018-03, approved 11-13-2018]
Any natural person, partnership, firm, association or corporation.
Any sign mounted perpendicular to a wall or other vertical building surface. "Projecting signs" shall not project more than four feet from the wall or surface to which they are mounted, or in any way interfere with normal pedestrian or vehicular traffic. (See Illustration No. 2.[1])
Any permanent or temporary structure, or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or which is designated to attract the eye or bring the subject to the attention of the public.
The area of the largest signal face of the sign within a perimeter which forms the outside shape, including any frame, and forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed, subject to the following:
For double-faced signs or V-type signs, the interior angle of which does not exceed 45°, only one face shall be applicable in computing "sign area."
For V-type signs, the interior angle of which exceeds 45°, both faces shall be applicable in computing sign area.
The area of an irregularly shaped sign, including signs consisting of separate modules, figures or letters, shall be deemed to be the total square footage of the smallest rectangle into which all of the separate modules, figures or letter which comprise the irregularly shaped and/or modular sign would fit. (See Illustration No. 1.[2])
Any sign which is erected upon a structure having wheels, rollers or similar devices facilitating movement and is capable of being moved from one location to another.
Any type of lighting element that, when operational, is able to communicate a visual message. A visual communication technology may include, but is not limited to, the following: dual in-line packaged light-emitting diodes (LED); surface-mounted diode LED; chip-on-board LED; fiber-optic LED; internally illuminate Lexan and intense pulsed light technology.
[Added 11-13-2018 by Ord. No. 2018-03, approved 11-13-2018]
Any sign which in any manner is affixed to and parallel to any exterior wall of the building or structure and which projects no more than 18 inches from the building or structure wall and which does not extend above the parapet wall, eaves or building facade on which it is located. If a building has a canopy or marquee constructed as an integral part of the building, the front line of the canopy or marquee shall be interpreted as being the face of the building. (See Illustration No. 3.[3])
A sign mounted, affixed or painted on a window or a sign inside a building which can be seen outside the building or window or door. (See Illustration No. 4.[4])
§ 113-159 General regulations.
The following regulations shall apply to signs in all districts:
A.
Placement of signs. All signs shall be placed with regard to public safety and welfare and shall be governed by the following regulations:
(1)
No sign shall be erected or maintained so as to prevent free ingress and egress to or from any door, window or fire escape.
(2)
Only instructional signs shall be attached to a standpipe or fire escape.
(3)
No sign shall be placed in such a position as to endanger pedestrians or traffic on a street by obscuring a clear view or by confusion with official street signs or signals by virtue of position or color.
(4)
In no case shall any sign other than highway or traffic signs be erected within or project out into the existing right-of-way or be within 10 feet of the shoulder or curb of the existing right-of-way.
(5)
Any sign erected within 75 feet of a right-of-way or within 200 feet of a traffic control device shall not:
(6)
No sign shall be erected which interferes with any opening required for ventilation.
(7)
Signs and their supporting structure shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity or communications equipment or lines. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water.
(8)
No signs, nor any posts, supports or braces thereof, shall be constructed, erected or located upon any sidewalk or street in the Borough, except for official street signs.
(9)
No sign shall be placed, erected or maintained on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. This does not apply to signs or lettering on buses, taxis or vehicles operating during the normal courses or businesses.
(10)
No offensive signs shall be permitted.
(11)
No signs shall be erected or installed in such a way as to block or obstruct any exit or entrance, including emergency exits or entrances of any building or other structure, nor shall any sign obstruct or interfere with or be attached to any part of any fire escape, fire tower or fire door.
(12)
No signs shall be erected or maintained on any property owned by the Borough unless prior written permission is obtained from the Borough.
(13)
No sign shall be erected or maintained in any parking space or in any fire lane so as to obstruct, impede or impair the free use of or access to such parking space or fire lane.
(14)
Every sign erected, repaired, altered, relocated or enlarged in the Borough under a permit issued under this chapter shall have displayed upon the front thereof the name of the owner of such sign and the number of the permit issued therefor.
(15)
No sign painted or printed on paper or fabric or other similar material or substance which is particularly flammable or flimsy material shall be posted or otherwise secured to any projecting sign, awning or canopy.
(16)
No ground signs shall be permitted within 660 feet of a highway, owned and maintained by the Pennsylvania Department of Transportation, without review and approval of the Pennsylvania Department of Transportation and receipt of a highway occupancy permit.
[Added 9-8-1992 by Ord. No. 420]
B.
Off-premises signs. No sign shall be erected, repaired, altered, relocated or enlarged unless such sign shall be necessary to and used for the advertising of the business or other activity conducted on the premises or in the building on which the sign is located unless specifically permitted in this article.
C.
Signs prohibited. Only the signs defined in this article, and no others, shall be provided for within the Borough. The following types of signs are specifically prohibited in the Borough:
[Amended 11-13-2018 by Ord. No. 2018-03, approved 11-13-2018]
D.
Illustrative sketches. Attached hereto are illustrative sketches which provide examples of certain types of signs described in this article. Such sketches are a part of this article and shall be used in interpreting the provisions hereof.[1]
[1]
Editor's Note: Said sketches are on file in the Borough offices.
§ 113-160 Engineering design and standards.
A.
Only materials as permitted by the International Building Code, Appendix H, as last revised, shall be used in the manufacture of signs within West Conshohocken Borough. The design and construction of electrical signs shall be in accordance with the requirements set forth by the National Electric Code, as last revised.
[Amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
B.
Signs and sign structures will be designated and constructed to resist wind forces as specified in the International Building Code, as last revised, and shall be further constructed to resist seismic forces as specified in the International Building Code, as last revised.
[Amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
C.
All electrical wiring shall be contained in rigid conduit or enclosed in poles or raceways. All electrical sign components, connections and insulators shall conform to the specifications of the National Electrical Code and the Underwriters' Laboratories. Every electrical sign must bear the seal of the Underwriters' Laboratories, and the label assigned to the subject sign must be provided by the contractor or constructor of the sign to the Building Inspector so that the number may be affixed to the sign permit. It shall be illegal to install any electrical sign without the Underwriters' Laboratories label prominently affixed thereon.
D.
Detailed plans showing supporting structural members and foundations must be submitted to the Zoning Officer's office for approval before the issuance of a permit. In the case of a freestanding sign in excess of 32 square feet, on one side and over 15 feet in height above the existing grade, a seal of a registered professional engineer approved by the Commonwealth of Pennsylvania shall be required on all such plans.
§ 113-161 Height.
No sign which is affixed, painted or otherwise represented upon a building shall exceed the height of the building as defined in the Code (§ 113-10). No ground sign shall extend above a height of 15 feet measured from the ground to the top of the sign.
§ 113-162 Movement and illumination.
A.
No signs shall have revolving, moving, sound-producing or animated parts, with the exception of barber poles.
B.
Illuminated signs, where permitted, shall be subject to the standards found in § 113-160 as well as the following regulations:
(1)
No sign shall have flashing, intermittent, animated or revolving illumination with the exception of stationary signs that display time and/or temperature.
(2)
External floodlighting of any property must be so shielded that the source of light shall not be visible from any point off the lot on which the sign, building, structure or area being illuminated is situated and so that only the sign, building, structure or area is illuminated thereby.
§ 113-163 Electrical equipment.
No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception or interference with other types of electronic equipment shall be used in the operation of illuminated signs.
§ 113-164 Maintenance.
Every sign shall be constructed of durable materials, using noncorrosive fastenings, shall be structurally safe and erected or installed in strict accordance with the Borough Building Code and shall be maintained in a safe condition and good repair at all times.
§ 113-165 Signs permitted in residential districts.
The following signs shall be permitted in residential districts:
A.
Official street and traffic signs and any other sign required by law.
B.
One professional, home occupation or name sign per residence, indicating the name, profession or activity of the occupant of the residence, which sign shall not exceed one square foot.
C.
One sign identifying the property as a bed-and-breakfast facility per residence, not exceeding three square feet in area.
[Added 10-8-2013 by Ord. No. 2013-03, approved 10-8-2013[1]]
D.
One identification sign or bulletin board per street frontage of a school, college, church, municipal building, estate, park, playground, recreational or community center or any permitted use other than a dwelling, not exceeding 16 square feet in area.
E.
Trespassing signs, indicating private ownership of a driveway or property, not to exceed one square foot in size.
F.
For multifamily development, excluding townhouses:
G.
Incidental signs: signs erected off the public right-of-way for the convenience or safety of the public while on private property, containing no advertising, not exceeding one square foot in area and no less than 50 feet apart.
H.
Temporary signs. The following regulations shall apply to temporary signs:
(1)
Permits. Permits for such signs may not exceed one year after the issuance of a use and occupancy certificate. A permit may be renewable for six months.
(2)
Project developer signs. Project developer signs listing all participants in the project and/or advertising the sale, rental or other conveyance of the entire premises or a portion of the premises on which they are erected shall be permitted while a property is actually for sale or rent. All such signs may be front-lighted and shall be removed within seven days after the property is no longer available for sale or rent. Such signs shall be limited to one per street frontage, and any single face shall be no greater in size than 32 square feet.
(3)
Real estate signs.
(a)
Signs advertising the sale, rental or other conveyance of the entire premises or a portion of the premises while a property is actually for sale or rent. All such signs shall be unlighted and shall be removed within seven days after the property is no longer available for sale or rent or, in the case of new construction of multiple dwelling or occupancy units, when 75% of the proposed units or floor space is no longer available for sale or rent. If a project developer sign is still erected, a real estate sign is not allowed. Such signs shall be limited to one per street frontage and shall be limited in size as follows:
(b)
The fee requirements of § 113-168B(1) shall not apply to real estate signs posted in residential districts.
[Added 7-22-1997 by Ord. No. 97-002, approved 7-22-1997]
(4)
Financial lending institutions' signs. Financial lending institutions' signs which identify only the name, address, telephone number and that the lending institution has provided financing shall be permitted while a structure is being built. All such signs shall be unlighted and shall be promptly removed when the construction is complete. Such signs shall be limited to one per financial lending institution, and any single face shall be no greater in size than 25 square feet each. Such signs shall be removed 30 days after completion of construction.
(5)
General contractors' signs. General contractors' signs which identify only the name, address and telephone number placed on the premises where the work is performed shall be permitted. All such signs shall be unlighted and shall be promptly removed when the contractor has completed or otherwise discontinued work on the premises and shall be limited in size as follows:
(a)
For new construction, additions or renovations of individual residential properties, one sign per contractor, limited to six square feet.
(b)
For two or more contractors, signs shall be mounted on a common surface, each sign not to exceed six square feet, total sign are not to exceed 24 square feet. Such signs shall be removed 30 days after completion of parking areas or structures.
(6)
Temporary banner signs. Temporary banner signs utilized for advertising a community event or for advertising commercial purposes shall be permitted as follows:
[Added 7-13-2010 by Ord. No. 2010-11, approved 7-13-2010]
(a)
Temporary banner signs shall not exceed a maximum area of 20 square feet.
(b)
All temporary banner signs shall be permitted to be erected 14 days before the event and be removed within two days after the event.
(c)
A temporary banner sign may overhang a Borough public right-of-way, provided that the sign is firmly attached to a supporting structure.
(d)
Any temporary banner sign erected over or in a state highway right-of-way must have the approval of the Pennsylvania Department of Transportation. The state highway occupancy permit issued by the state shall be provided to the Borough.
(e)
No temporary banner signs shall be erected in such a manner as to impair the sight triangle at the intersection of any state highway, Borough road, private road or in any other location where sight visibility or traffic safety could be adversely impacted.
(f)
Any organization or individual erecting a banner sign over a Borough public right-of-way shall agree in writing to assume all liability for any damages resulting from the placement and use of the sign. Additionally, a hold harmless agreement, as provided by the Borough, shall be executed and filed with the Borough prior to erecting any temporary banner sign over a Borough public right-of-way.
(g)
If a temporary banner sign is not promptly removed, the Borough may remove such sign at the owner's expense.
(h)
Temporary banner signs erected by any municipal fire company, municipal police department or any other municipal entity are exempt from these provisions, provided that such signs do not impact sight triangles or impair traffic safety.
I.
Other temporary signs. A refundable escrow fee of $100 shall be posted with the Borough and returned to the applicant, provided that all such signs are removed within two days after the special event has occurred. A thirty-day nonrenewable permit may be granted to any person or organization in the Borough to permit the erection of a temporary sign, other than those discussed in § 113-165G, as follows:
(1)
Directional signals. Off-site temporary directional signs providing traffic direction to the location of special events will be permitted only when approved by the Zoning Officer, who will determine the number, size and posted duration of the sign(s). Signs indicating the location and direction of a premises available for or in the process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent, may be erected or maintained, provided that:
(4)
Political placards. In addition to temporary political signs permitted under § 113-165H, temporary political placards shall be permitted. Each sign shall not exceed four square feet and shall not be erected earlier than 30 days prior to said election and must be removed within two days after the election. Such signs shall be permitted only on private property. A refundable escrow fee of $100 shall be posted with the Borough by the applicant or the political party affiliated with the applicant and returned to the entity posting the escrow, provided that all such signs of the applicant or political party, whichever is applicable, are removed within two days after the election. A political party is only required to post one escrow per election for all of its candidates.
[Amended 4-7-1995 by Ord. No. 95-430, amended 4-7-1995]
(5)
Yard sale signs. Temporary yard sale signs shall be permitted in all residential districts. One sign shall be permitted per street frontage and shall not exceed four square feet in size. Such signage shall be removed within one day after the yard sale.
(6)
Events sponsored by nonprofit organizations. Public or community events, charitable fund-raising events, conventions or any similar notice of general public interest, are subject to the following:
[Added 4-7-1995 by Ord. No. 95-430, amended 4-7-1995]
§ 113-166 Signs permitted in commercial, office and industrial districts.
The following types of signs shall be permitted in the LC Limited Commercial, IB Interchange Business, O Office, O-1 Office, LI Limited Industrial and HI Heavy Industrial Districts:
A.
Corporate or industrial complex identification signs may be erected at the entrance to the development. Such signs shall contain the name and address of the development.
B.
Individual business signs. No business shall exceed one square foot of signage per linear foot of building to a maximum of 32 square feet per building side. The total allowable area of signage shall include wall, projecting, window and ground signs. (See Illustration No. 1.[1]) Individual business signs shall be permitted as follows:
(1)
One or more signs affixed or otherwise represented upon a building, having a maximum total area of 32 square feet.
(2)
On corner lots, one sign having a maximum total area of 32 square feet affixed or otherwise represented upon the additional street frontage of a building.
(4)
The display of permanent advertising signs attached to or otherwise mounted so as to be seen only through the windows of a business or commercial establishment shall constitute a sign within the meaning of this article, and the area of such signs shall be included within the total permitted above. (See Illustration No. 1.[2])
[2]
Editor's Note: Illustration No. 1 is on file in the Borough offices.
(5)
Wall signs located on a parking garage or accessory building are permitted to a maximum of 16 square feet.
[1]
Editor's Note: Illustration No. 1 is on file in the Borough offices.
C.
Ground signs. Individual ground signs shall be subject to the following restrictions:
(1)
The area of such signs may not exceed 32 square feet.
(2)
Every ground sign and all the parts thereof shall be located entirely within the building line and in any event shall not be closer than 10 feet to the ultimate right-of-way.
(3)
No ground sign shall at any point be more than 15 feet above the highest point of the street upon which such sign faces.
(4)
No ground sign shall be closer than 10 feet to any other ground sign, building or other structure.
(5)
If any ground sign has letters, figures or other representations superimposed thereupon or maintained in connection therewith, the same shall be securely built or attached to the sign and shall be subject to the special inspection of the Building Inspector in order to determine the security thereof.
D.
Directory signs. A sign listing the names of various business or professional establishments within a defined contiguous area to be erected primarily as a service to the monitoring or the pedestrian public shall be permitted, subject to the following regulations:
(1)
Such signs shall be located on a property serviced by a sign.
(2)
Such signs shall be ground signs or wall signs only.
(3)
Such signs shall be limited in number to one per vehicular entrance or a total of not more than three per building.
(4)
Directory signs may list only a name, address and primary product or service of each firm or business and may contain a graphic directory (street map) to assist in locating destinations.
(5)
The respective permitted areas of information on directory signs shall be limited to no more than three square feet per first listed, no more than 10 square feet for the general sign title, provided that the total sign area does not exceed 36 square feet.
(6)
Directory signs shall be located a minimum of 10 feet from the street curb.
(7)
Directory signs shall not extend above a height of 15 feet.
E.
Projecting signs. Projecting signs are permitted subject to the following provisions. (See Illustration No. 2.[4])
(1)
No building or structure shall have more than one projecting sign.
(2)
The maximum area of a projecting sign shall be 16 square feet per side. The total area of both sides of the projecting sign shall be included in the calculation of total area permitted under the provision of this article.
(3)
The lowest part of any projecting sign or of any support thereof which extends over any private road or alley in the Borough shall be at least 10 feet over which it extends; and the highest part of any such sign or support shall not exceed 15 feet from ground level to the top of the sign; in no event shall the top of the sign exceed the level of the roof line of the building to which it is attached.
(4)
No projecting sign or its attachments shall extend beyond the building for a distance greater than four feet measured perpendicularly from the face of the building.
(5)
No projecting sign shall be erected or maintained extending over any public sidewalk, street, alley or other public place in such location or position so as to obstruct the view of any traffic light or any other traffic sign or signal or so as to block any reasonable sight lines for streets, sidewalks or driveways or so as to cause any confusion with any traffic control device by reason of its color, location, shape or other characteristic. No overhanging sign shall be erected so as to obstruct any door, window or fire escape of any building or interfere with the use of the sidewalk.
[4]
Editor's Note: Illustration No. 2 is on file in the Borough offices.
F.
Roof signs. All roof signs shall be prohibited.
G.
Wall signs. All wall signs shall be subject to the following restrictions:
(1)
No wall sign or any part thereof shall project more than 18 inches beyond the building line.
(2)
If any wall sign is illuminated by a reflector, such reflector shall not project beyond the building line unless such reflector shall be at least 10 feet above the surface of the sidewalk and unless such reflector is equipped with a protective guard. In no case may any reflector or any of its supports extend closer than 12 inches from the curbline.
(3)
Signs painted on or affixed to the inside or outside of windows shall be included in the computation of maximum size for signs.
(4)
The total area of wall signs, including those affixed to awnings and any signs affixed to the inside or outside of windows, may not exceed 25% of the area of the wall up to a maximum of 32 square feet, including windows and door area and cornices to which they are attached. (See Illustration No. 3.[5])
[5]
Editor's Note: Illustration No. 3 is on file in the Borough offices.
H.
Temporary signs. No more than three temporary signs per building site are permitted. Permits for temporary signs may be granted for a period of six months. Permits for each sign may be renewed so the total time allowed for the temporary sign is a maximum of 18 months. Such signs are subject to the following regulations:
(1)
Project developer signs. Project developer signs listing all participants in the project and/or advertising the sale, rental or other conveyance of the entire premises or a portion of the premises on which they are erected shall be permitted while a property is actually for sale or rent. All such signs may be front-lighted and shall be removed within seven days after the property is no longer available for sale or rent. Such signs shall be limited to one per street frontage, and any single face shall be no greater in size than 32 square feet.
(2)
Real estate agent signs. Real estate agent signs advertising the sale, rental or other conveyance of the entire premises or a portion of the premises on which they are erected shall be permitted while a property is actually for sale or rent. All such signs shall be removed within seven days after the property is no longer available for sale or rent. Such signs shall be limited to one per street frontage, and any single face shall be no greater in size than 16 square feet.
(3)
Financial lending institutions' signs. Financial lending institutions' signs which identify only the name, address, telephone number and that the lending institution has provided financing shall be permitted while a structure is being built. All such signs shall be unlighted and shall be promptly removed when the construction is complete. Such signs shall be limited to one per financial lending institution, and any single face shall be no greater in size than 16 square feet each.
(4)
General contractors' signs. General contractors' signs which identify only the name, address and telephone number placed on the premises where the work is performed shall be permitted.
I.
Other temporary signs. The following temporary signs shall be permitted in addition to those permitted in § 113-165I:
(1)
Business events. Business or commercial signs for advertising, on the premises, such events that are considered to be necessary for the conduct of business beyond the normal day-to-day operations, such as grand openings, going-out-of-business, bankruptcy or fire sales (signs advertising periodic specials or other ordinary incentives to purchase or participate are not permitted), subject to the following:
J.
Hotel signs. Notwithstanding any provision of this chapter to the contrary, in all districts wherein a hotel is permitted and in addition to any other sign permitted by this chapter, with the exception of wall signs, any hotel in excess of 10 stories in height shall be permitted to have a maximum of two wall signs of no more than 180 square feet each and with an aggregate square footage of no more than 305 square feet.
K.
Temporary banner signs. Temporary banner signs utilized for advertising a community event or for advertising commercial purposes shall be permitted as follows:
[Added 7-13-2010 by Ord. No. 2010-11, approved 7-13-2010]
(1)
Temporary banner signs shall not exceed a maximum area of 20 square feet.
(2)
All temporary banner signs shall be permitted to be erected 14 days before the event and be removed within two days after the event.
(3)
A temporary banner sign may overhang a Borough public right-of-way, provided that the sign is firmly attached to a supporting structure.
(4)
Any temporary banner sign erected over or in a state highway right-of-way must have the approval of the Pennsylvania Department of Transportation. The state highway occupancy permit issued by the state shall be provided to the Borough.
(5)
No temporary banner signs shall be erected in such a manner as to impair the sight triangle at the intersection of any state highway, Borough road, private road or in any other location where sight visibility or traffic safety could be adversely impacted.
(6)
Any organization or individual erecting a banner sign over a Borough public right-of-way shall agree in writing to assume all liability for any damages resulting from the placement and use of the sign. Additionally, a hold harmless agreement, as provided by the Borough, shall be executed and filed with the Borough prior to erecting any temporary banner sign over a Borough public right-of-way.
(7)
If a temporary banner sign is not promptly removed, the Borough may remove such sign at the owner's expense.
(8)
Temporary banner signs erected by any municipal fire company, municipal police department or any other municipal entity are exempt from these provisions, provided that such signs do not impact sight triangles or impair traffic safety.
L.
Off-premises signs. Off-premises signs are permitted only in the O Office District, provided that:
[Added 11-13-2018 by Ord. No. 2018-03, approved 11-13-2018]
(1)
The off-premises sign is primarily visible to the Schuylkill Expressway (1-76).
(2)
An off-premises sign shall constitute the sole principal use on a lot.
(3)
An off-premises sign shall provide availability and display time for municipal, civic and emergency messaging.
(4)
Maximum active area: The maximum active area of an off-premises sign shall be 900 square feet per sign face with an off-premises sign having no more than two separate sign faces. Each face shall be oriented horizontally such that the longest horizontal measurement of the face is at least twice the longest vertical measurement of the face.
(5)
Sign Structure elevation: The maximum height of an off-premises sign structure shall not exceed 50 feet when measured from the grade of the roadway of the Schuylkill Expressway, I-76.
(6)
VCT elevation: The maximum height of the top of the active area of the VCT shall not exceed 35 feet when measured from the grade of the roadway of the Schuylkill Expressway, I-76.
(7)
Spacing: No off-premises sign shall be located within 150 feet of another off-premises sign.
(8)
Setbacks:
(a)
The nearest edge of the active area of an off-premises sign shall be located no more than 35 feet from the edge of the legal right-of-way of the Schuylkill Expressway (I-76).
(b)
Minimum setback from existing residences: An off-premises sign shall be a minimum of 400 feet from any existing single-family detached residence in the Borough at the time an off-premises sign permit application is submitted.
(9)
Illumination: An off-premises sign may be illuminated, provided that:
(a)
All off-premises signs shall incorporate ambient light sensors that measure the levels of surrounding light and automatically reduce the intensity of illumination during periods of darkness or increase the intensity of illumination during periods of brightness.
(10)
Intensity of illumination: No VCT component of an off-premises sign shall exceed a maximum illumination intensity of 500 nits during nighttime hours (dusk until dawn) and 7,500 nits during daytime hours (dawn until dusk) when the active area is in direct sunlight.
(11)
Maximum illumination level: The illumination of an off-premises sign shall not exceed 0.3 footcandle of light above the ambient light levels measured in accordance with this section.
(12)
Illumination levels shall be measured by a professional lighting consultant, hereinafter referred to as the "Lighting Inspector." The Lighting Inspector shall use a properly calibrated low-level footcandle light metering device with two decimal place capability at a height of five feet above the grade of the off-premises sign held at a preset distance from the off-premises sign called the "illuminance measurement distance," which is calculated in accordance with the formula below. The Lighting Inspector shall aim the light meter toward the off-premises sign perpendicular from the illuminance measurement distance. When a measurement from the required distance is obstructed by private property, a building, or other permanent structure, the measurement shall be taken from the furthest possible perpendicular extent.
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(a)
In order to determine the ambient light level, the Lighting Inspector shall employ one of two methods at his or her discretion as follows:
[1]
Inactive off-premises sign. The Lighting Inspector shall position the light meter at an elevation of five feet above the grade at the illuminance measurement distance. Immediately following measurement of the ambient light level, the active area shall be turned on, whereupon the Lighting Inspector shall measure the light spillage or glare emanating from the active area to determine compliance.
[2]
Active off-premises sign. The Lighting Inspector shall aim the light meter toward the active area but shall place an opaque black sheet of material that is of an appropriate size to obstruct the light meter from reading any light emanating from the active area. A material size of 12 inches high by 40 inches is recommended but subject to the discretion of the Lighting Inspector. The material should be placed at a distance of 10 feet away from the Lighting Inspector in between the off-premises sign and the Lighting Inspector. Please see Diagram A below for an illustration.
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[3]
If measuring the illumination intensity during daytime hours (dawn to dusk), the Lighting Inspector shall conduct the measurement within a time frame of at least 30 minutes after dawn and 30 minutes before dusk. If measuring during nighttime hours (dusk to dawn), the Lighting Inspector shall conduct the measurement within a time frame of at least 60 minutes after dusk but 60 minutes before dawn.
[4]
All light meter measurements shall be represented by two circles, a larger field of view circle and a smaller target area circle inside the viewfinder. The Lighting Inspector shall position the target area circle so it falls entirely within the brightest portion of the active area that is being measured, as outlined in Diagram B below.
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[5]
An off-premises sign shall not use an active area background consisting of bright white.
(13)
Automatic changeable copy. An off-premises sign may have changeable copy, provided that:
(a)
Dwell time: No off-premises sign shall change message or copy on the active area more than once every eight seconds.
(b)
Message or copy transition: All message or copy changes shall be instantaneous; there shall be no scrolling, fading, animated, flashing or moving messages or copy. The entire electronic portion of an off-premises sign must change at the same time, thereby preventing different portions of the sign from changing at different times.
(14)
Landscaping.
(a)
Evergreen landscaping shall be installed at the base of an off-premises sign in order buffer the visual impact of the sign structure. All proposed landscaping shall be submitted for review to the Borough as part of the off-premises sign permit application.
(b)
The operator of an off-premises sign (the entity, person, or individual who owns the Pennsylvania Department of Transportation outdoor advertising sign permit for the specific off-premises sign) shall permanently maintain the landscaping and replace any diseased or dead landscaping.
(15)
Operation and maintenance.
(a)
Hours of operation: An off-premises sign may operate 24 hours per day.
(b)
Maintenance: The owner or operator of the off-premises sign (the entity, person, or individual who owns the Pennsylvania Department of Transportation outdoor advertising sign permit for the specific off-premises sign) shall continuously maintain the sign structure, landscaping and the immediate surrounding associated area and shall be required to enter into a maintenance and operation agreement with the Borough that will include the posting of escrow in an amount sufficient to maintain the sign structure, landscaping, and its related elements in the event the operator fails to do so.
(c)
At its discretion, the Borough may perform annual inspections of the sign structure to determine compliance with the off-premises sign permit. Any noncompliance shall be corrected (or commercial reasonable effort shall be taken) within 30 days of written notice from the Borough. Every five years, the owner or operator of the off-premises sign structure shall have a Pennsylvania-registered structural engineer inspect the sign structure and provide the Borough with a certificate from the engineer certifying that the sign structure is structurally sound.
(16)
Restrictions. An off-premises sign shall not:
(a)
Advertise adult or sexually oriented businesses or materials, hate speech, advertisements related to abortion, or otherwise display any content prohibited by 18 Pa.C.S.A. § 5903.
(b)
Advertise obscene or profane language.
(c)
Emit any verbal or musical announcements or noises.
(d)
Display any moving, flashing, scrolling or animated text or video.
(e)
Have a split display of the sign area.
(f)
Move, rotate, oscillate, vibrate or shimmer.
(g)
Flash, scintillate or blink.
(17)
Architectural requirements. The architecture of an off-premises sign shall incorporate visual art or architecture elements in addition to its messaging function, thereby creating a unique or distinctive architectural design.
(a)
As part of the off-premises sign permit application, the applicant shall submit conceptual architectural renderings of elevations of the sign and the surrounding area and built environment in a three-dimensional software platform together with a general list of proposed building materials for review and approval by the Borough.
(b)
An off-premises sign design shall incorporate one or more of the following architectural elements: stone, stucco, wood, brick, ornamental iron or decorative steel.
(c)
An off-premises sign shall permanently display the name of the Borough as part of the structure.
(18)
Off-premises sign permit application procedure. An off-premises sign permit application shall be submitted, reviewed and approved under the Borough's standard building permit process. An off-premises sign shall not require subdivision and land development approval.
(a)
After an off-premises sign permit application is submitted, the Zoning Officer shall consult with Council respecting the compliance of the proposed off-premises sign with provisions of this section. Council may request that applicant attend one or more meetings to discuss the design of the off-premises sign.
(b)
If the Zoning Officer, after consulting with Council, determines that the applicant has complied with this section, then the Zoning Officer shall issue a permit for the off-premises sign.
(c)
Revisions to a proposed off-premises sign design shall not be considered a substantial amendment requiring a formal resubmission of an off-premises sign permit application.
(d)
Based upon comments received from the Borough, the applicant shall be permitted to revise the design as many times as may be necessary to obtain approval.
(e)
The Borough shall review and issue their comments to any proposed sign structure architecture within 30 days of submission of an off-premises sign permit application and any subsequent revised submissions.
(f)
The permit package shall:
[1]
Show the size, location, materials, colors and content of the off-premises sign.
[2]
Demonstrate, to the satisfaction of Council, that the design of the off-premises sign complements the architectural and landscaping elements of the surrounding built environment.
[3]
Demonstrate, to the satisfaction of Council, that the design of the off-premises sign is consistent with the objectives of all other applicable design standards set forth elsewhere in this chapter.
[4]
Demonstrate that the off-premises sign shall be designed and installed in accordance with public safety standards generally applicable to signs.
(g)
Once a permit has been issued for an off-premises sign, no substantial changes to the design may be made without first obtaining a permit modification. In determining whether to issue such permit modification, the Zoning Officer shall apply, with respect to the altered design, the same standards as set forth in Subsection L(18)(b) above.
§ 113-167 (Reserved) [1]
[1]
Editor's Note: Former § 113-167, Signs permitted in HI Heavy Industrial District, was repealed 11-13-2018 by Ord. No. 2018-03, approved 11-13-2018.
§ 113-168 Permits, inspections and right of entry.
A sign permit shall be required for all signs unless otherwise provided. No sign construction shall begin until a sign permit has been issued. The issuance of such permit shall be subject to the following regulations:
A.
Applications for sign permits shall be filed on forms furnished by the Zoning Officer and shall be accompanied by detailed plans and specifications and any other information deemed necessary by the Zoning Officer to determine the location and details of construction of such signs.
B.
Payment of fees.
[Amended 5-11-1993 by Ord. No. 424, approved 5-11-1993; 3-10-2009 by Ord. No. 2009-01, approved 3-10-2009]
(1)
No permit to erect a sign shall be issued until:
(b)
The applicant agrees, in writing, to indemnify and hold the Borough harmless from any action at law or in equity for any loss or damage that may result from the construction and/or maintenance of such sign and provide evidence of public liability insurance for the property at which the sign is located in the maximum amount allowable by law for personal injury and property damage. The Borough shall be named as an additional insured.
C.
Inspections.
(1)
It shall be the duty of the Zoning Officer to inspect any sign proposed to be erected or otherwise affixed in the Borough in order to determine that such sign shall be in compliance with the terms and provisions of this article. Upon compliance with the terms and provisions of this article and payment of the permit fee, the Zoning Officer shall issue a permit to the applicant to erect the proposed sign. After installation, the Zoning Officer shall inspect the sign to assure that the installation has been in accordance with the plans and in accordance with proper construction practices.
(2)
If any such sign is found to obstruct the view of any motorist or pedestrian of any traffic light or other traffic sign or signal or otherwise fails to satisfy the requirements of this article, the owner of the sign shall be notified by the Zoning Officer and shall make such changes as are necessary to comply with the terms and provisions of this article. If the condition of the sign is not corrected to comply with the terms and provisions of this article within 10 days after such notice, the Zoning Officer shall have the subject sign removed from the premises, and any costs incurred by the Borough shall be billed to the owner of the premises. Should the subject owner fail to remit the necessary funds, appropriate legal action as open under the law to the Borough will be taken in order to collect money due to the Borough at the expense of the owner.
§ 113-169 Supervision of work; completion.
All work to be done by virtue of a permit granted as herein provided shall be under the supervision of the Building Committee and shall be completed within six months from the date of issuance of the permit. After the expiration date of the permit, it shall be necessary for the person desiring to commence or complete such work to make a new application. Any variance of the work from the conditions set forth in the permit or in the section shall constitute a violation of this article.
§ 113-170 Removal of Signs.
A.
Any sign that is located on and/or related to the use of a property which become vacant and unoccupied for a period of six months or more or any sign that was erected for an occupant or business unrelated to the present business or any sign which relates to a time, event or purpose which is past shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the property.
B.
Once an existing sign is removed for any reason other than maintenance or repair, including repair as a result of an act of God or an accident beyond the control of the owner, the replacement sign must comply with all the provisions of these regulations. Modernization and/or changes in graphics, format or copy in the sign shall constitute a replacement of the sign.
C.
Immediate removal.
(1)
A sign and/or its supports shall be immediately removed from the premises upon notification and as directed by the Zoning Officer if it becomes dangerous or hazardous to public health or safety.
(2)
Once a sign is designated by the Borough for removal, the sign shall be removed within the time specified by the Borough. If the sign is not removed in the appropriate period of time by the sign owner, the Borough shall have the authority to remove the sign at the expense of the sign owner.
D.
The Zoning Officer may enter upon any premise at any reasonable time to inspect any sign erected within the Borough.
E.
Upon a change of use on any property, a sign must be removed if not being used or changed over within 60 days after the change in occupancy.
§ 113-171 Nonconforming Signs.
Signs legally in existence at the time of this article which do not conform to the requirements of this article shall be considered nonconforming signs.
§ 113-172 Exemptions.
A.
The provisions of this article shall not apply to the official, federal, state or municipal signs erected within West Conshohocken Borough. In addition, the trade names, emblems or directions or service facilities or product dispensers, including but not limited to gasoline pumps, telephone booths and vending machines, shall not be considered as a sign when such trade name, emblem or single group of words or symbols are not more than three square feet in area.
B.
The following signs, to the extent indicated, are exempt from the provisions of this article:
(1)
An off-highway route number sign, street name sign, directional or other traffic sign. These may be erected and maintained on rights-of-way in the interest of public safety or for the regulation of traffic.
(2)
A government flag or insignia not greater than five feet by eight feet.
(3)
A legal notice.
(4)
A Christmas tree, other holiday display or window display of merchandise, except as specifically prohibited herein.
(5)
Public service and information signs advertising the availability of rest rooms, telephone or similar public convenience; also signs advertising meeting times and places of nonprofit, service or charitable organizations. Any such sign shall not exceed four square feet.
(6)
Public monuments, historic identification signs or plaques erected by a governmental agency.
(7)
One sign applied to a window or door giving business hours or the name or names or charge of institutions, when the total area of any such sign does not exceed two square feet.
(8)
A cornerstone or identifying letters carved into or embossed on a building, provided that the letters are not made of reflective material, are not in contrast with the color of the building and are not greater than two feet by three feet.
(9)
Any bulletin board not over eight square feet in area for any public, charitable, religious or educational institution when such sign is located entirely upon the premises of such institution.
§ 113-173 Violations and penalties.
Any person violating the provisions of this article shall, upon conviction thereof before a District Justice having jurisdiction, be guilty of a summary offense shall be punishable for each offense by a fine of up to $300 per day for each day after written notification of the violation by the Borough has been received by the violator or by imprisonment for not more than 90 days, or both; provided further that each day's continuance of the violation shall constitute a separate prosecutable offense.