Wyalusing City Zoning Code
ARTICLE VIII
Signs
§ 500-800 Purpose.
This article is intended to:
A.
Promote and maintain overall community aesthetic quality;
B.
Establish time, place and manner of regulations for the exercise of free speech without regulating content;
C.
Promote traffic safety by avoiding distractions and sight distance obstructions for pedestrians and vehicular traffic;
D.
Protect property values and ensure compatibility with the character of neighboring uses;
E.
Establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and development; and
F.
Monitor renovation and enforce proper maintenance of signs.
§ 500-801 Applicability.
Signs may be erected and maintained only when in compliance with the provisions of this article and all other ordinances and regulations relating to the erection, alteration or maintenance of signs.
§ 500-802 Definitions.
A.
The following words are defined in order to facilitate the interpretation of Article VIII, Signs, for administrative purposes and in the carrying out of duties by Zoning Officer and by the Zoning Hearing Board. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated. Words used in the present tense include the future tense. The singular includes the plural.
B.
The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. The terms "shall and will," "will" and "must" are always mandatory. The words "should" or "may" are permissive. The words "used" or "occupied" as applied to any land or building shall be construed to include the words, "intended, arranged or designed to be used or occupied." The word "erected" shall be inclusive of the words "constructed, altered or moved."
C. ANIMATION/FULL MOTION BANNER DISSOLVE FADE FLAG FLASHING HOLIDAY DECORATION MENU BOARD SCROLLING SIGN SIGN, ABANDONED SIGN, ADDRESS SIGN, AREA SIGN, AWNING SIGN, BILLBOARD SIGN, BLANK-OUT SIGN, CANOPY (ATTACHED) SIGN, CANOPY (FREESTANDING) SIGN, CONSTRUCTION SIGN, DIGITAL BILLBOARD SIGN, DIRECTIONAL SIGN, DIRECTORY SIGN, ELECTRONIC MESSAGE SIGN, FACE SIGN, FREESTANDING SIGN, GARAGE/YARD SALE SIGN, GOVERNMENT/REGULATORY SIGN, GROUND SIGN, HEIGHT SIGN, IDENTIFICATION SIGN, ILLEGAL SIGN, ILLUMINATED SIGN, INCIDENTAL SIGN, INFLATABLE SIGN, INFORMATIONAL SIGN, INSTRUCTIONAL SIGN, LED/LCD SIGN, MARQUEE SIGN, MONUMENT SIGN, NEON SIGN, OFF-PREMISES SIGN, PERMANENT SIGN, POLITICAL SIGN, PORTABLE SIGN, PROJECTING SIGN, PYLON SIGN, REAL ESTATE SIGN, ROOF SIGN, TEMPORARY SIGN, WALL SIGN, WINDOW SIGNS, ON-PREMISES STATIC TIME-AND-TEMPERATURE DISPLAY TRANSITION
As used in this article, the following terms shall have the meanings indicated:
A type of display achieved by the prerecorded or live broadcast of messages, content or images appearing in fluid, continuous motion.
Any sign of durable, lightweight fabric or similar material that is mounted to a pole or building at two or more edges. National, state, or municipal flags shall not be considered banners.
A type of display transition between static message displays that is achieved with varying light intensity and where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message.
A type of display transition between static message displays that is achieved with varying light intensity and where the first message gradually loses light intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.
Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
Any sign the primary purpose of which is to celebrate a holiday.
A variable message sign that allows a retailer to list products and prices. For example, the bill of fare for a fast-food restaurant.
A type of display during which the message, content and/or image is moved/shifted across the display area in a horizontal, vertical or diagonal motion (non-static).
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. This excludes national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of governments.
A sign located on a property or lot, which is vacant and/or unoccupied for a period of 90 days, which is damaged, in disrepair or vandalized and not repaired within 90 days, or which contains an outdated message for a period exceeding 30 days.
A sign or individual lettering/numbering that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service.
The area of a sign including all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
A sign displayed on or attached flat against the surface or surfaces of an awning.
A sign displaying changeable advertising copy which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located.
An electronic display, changeable message sign, which is typically used as a traffic control device that is capable of displaying one or more alternative messages. These signs have a blank mode when no message is displayed, while others display multiple messages with only one of the messages displayed at a time, such as: incident management and route diversion, warning of adverse weather conditions, special event applications associated with traffic control or conditions, control at crossing situations, lane, ramp, and roadway control or other types of managed lanes, travel times, warning situations, traffic regulations, speed control, destination guidance and open/closed signs at weigh stations.
A multisided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light.
A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
An off-premises sign, display or device, which changes the static message or copy by electronic means.
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
A sign which displays the names and/or addresses of business establishments, housing units, amenities, or uses of a building or group of buildings.
Any sign, or portion of a sign, that displays an electronic image or video, which may or may not include text, where the rate of change is electronically programmed and can be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays, and other similar media.
The area or display surface used for the message.
A sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
A temporary sign that directs attention to the sale of personal goods on the premises on which the sign is located.
Any sign to control traffic or for identification, including 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 his official duties.
Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
The distance from the existing ground elevation at the base of or immediately below the sign to the highest point of the sign structure.
A sign which indicates only the name and address of the building or occupant of the building at which the sign is located.
Signs, which are erected without a permit, without property or lot owner permission, or which are erected in a zone without meeting minimum requirements of that zoning district.
Directly lighted by any artificial light source, internal or external.
Incidental sign as a sign, emblem or decal designated to inform the public of goods, facilities or services available on the premises, and includes, but is not limited to, the following: rest rooms, property ownership or management, hours of operation, phone booths, ATMs, acceptable credit cards, recycling containers.
Any sign, used on a temporary basis, that is either expanded to its full dimensions or supported by gases contained within the sign, or sign parts, at a pressure greater than atmospheric pressure to advertise a product or event. For purposes of this definition and article, a simple helium balloon is not considered to be an inflatable sign.
An on-premises sign for the convenience of the public giving directions, instructions, facility information or other assistance around a site, such as location of exits, entrances, parking lots, amenities and housing units, to encourage proper circulation. It may contain the logo of an enterprise, but no other advertising copy.
A sign, which provides direction or instruction to guide persons to facilities, intended to serve the public (e.g., rest rooms, public telephones, public walkways, parking areas, maps, housing units or transportation schedules).
Signs that have an alphabetical, pictographic or symbolic content that can be changed or altered on a display screen using light-emitting diode technology, liquid crystal display technology or other technology that produces an electronic image on a display screen.
Any sign attached to a covered structure projecting from and supported by a building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.
Any freestanding sign, the bottom of which is no more than 12 inches above the ground or pavement.
Any sign composed of glass tubing containing a large proportion of neon or other similar gas. A neon sign may be a wall sign, a projecting sign, or a window sign.
A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.
A sign that is constructed in a manner and of materials that will withstand long-term display and is intended to be displayed for an indefinite period of time.
A temporary sign relating to the election of a person to a public office or a political party or a matter to be voted upon at an election by the public. (See "personal expression sign.")
Sign, graphic or display for commercial, industrial, institutional, service, entertainment or informational purposes which can be readily moved from place to place and which is not affixed to a building, to another permanent structure or to the ground.
A sign that is wholly or partly dependent upon a building for support and projects more than 12 inches from such building.
A freestanding sign with visible support structure or with the support structure enclosed with a pole cover.
A sign relating to the property or lot upon which it is located, offering such property or lot for sale or lease.
A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, hip roof, or the deck line of a building with a mansard roof.
Any sign or advertising display constructed of cloth, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time. Portable signs or any sign that is not permanently embedded in the ground or otherwise permanently affixed to real estate are considered temporary signs.
An attached sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign. For the purpose of this definition, a "wall sign" shall also include signs projected onto a wall or building structure by an external light source.
A sign which is attached to a window or transparent door or that can be read through a window or transparent door.
Any sign, the content of which relates to the premises on which it is located, referring to the name, location, products, services or activities on the premises, or the sale, lease or construction of the premises.
A type of display during which a message, content and/or image display remains fixed and unchanging.
A variable message sign which displays current time and temperature in a stationary or alternating manner.
A visual effect used on an electric message sign to change from one message to another.
§ 500-803 General regulations for all signs.
All permanent signs shall require an official Borough sign permit under this section of the article, except those identified under §§ 500-805 and 500-815, respectively.
A.
Sign(s) must be constructed of durable material and maintained in good condition;
B.
No sign shall be maintained within Wyalusing Borough in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings;
C.
Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign shall be made safe or removed within 10 days of the written notice from the Zoning Officer;
D.
Sign(s) painted upon or displayed upon a building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply;
E.
Sign(s) may be interior-lighted with nonglaring lights, or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or lots or public rights-of-way;
F.
Internally illuminated sign(s), designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign(s), unless otherwise prohibited, will be permitted, providing that the light being emitted from the sign(s) shall not cause a glare or emit light onto the surrounding area;
G.
No sign or sign structure shall constitute a hazard to public safety or health, including a sign, which fails in the determination of the Zoning Officer, to properly shield its light source from providing unacceptable glare to a neighboring property or lot or the public street;
H.
All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters;
I.
Flashing, blinking, strobe, twinkling, animated, streaming or moving signs of any type shall be prohibited. A sign may only change from one message to another message provided the message does not change more than once every minute. In addition, flashing lights visible from a street shall not be used to attract attention to a business. This restriction specifically includes window signs, but does not prohibit seasonal holiday lighting or displays that comply with this article;
J.
No sign shall by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers, either when leaving or entering a roadway from another roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads;
K.
No sign shall be of such character, form, shape or color that they imitate or resemble any official traffic sign, signal or device or that have any characteristics which are likely to confuse or distract the operator of a motor vehicle on a public street;
L.
No commercial ad(s) or sign(s), other than approved by Pennsylvania Department of Transportation, shall make use of words such as "stop," "look," "one-way," "danger," "yield" or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead or confuse traffic;
M.
No sign located within 300 feet of any traffic light shall be illuminated with red, green, or yellow lights that is in a line of sight to cause a distraction;
N.
No visible, internal or external sign(s) shall display words or images that are obscene or pornographic. No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including, but not limited to:
O.
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape;
P.
No sign shall be permanently attached to public utility poles or trees which are within the right-of-way of any street;
Q.
No sign shall be painted on, attached to or supported by a tree, stone, cliff or other natural object, except for decorative signage designating the property owner;
R.
Within an area regulated by Chapter 227, Floodplain Management, no freestanding sign shall be permitted within a designated floodway;
S.
In the event that a symbol, trademark or other such figure is used as a sign post or standard, which could be constructed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area;
T.
Only those signs referring directly to services, materials or products made, sold, or displayed on the premises shall be permitted, except as otherwise provided in this article;
U.
Except for flat wall signs, no point of any sign, including trim, border and supports, shall be located within 10 feet of any property line or street right-of-way;
V.
No sign shall emit smoke, visible vapors or particles, sound or odors;
W.
No sign shall contain information that states or implies that a lot may be used for any purpose not permitted under the applicable provisions of this chapter;
X.
Any sign attached to a building shall not be placed on the roof, be higher than the wall to which it is attached, or located on a parapet wall;
Y.
No point of a wall projecting sign shall be located less than 8 1/2 feet above the grade directly below the sign;
Z.
No sign shall be affixed to any motor vehicle or semitrailer in such a manner that the carrying of such sign is no longer incidental to the vehicle's primary purpose;
AA.
No sign located on public, state, county or Borough property or a public right-of-way shall bear any commercial advertising or announcement; and
BB.
No inflatable signs shall be permitted other than for special events determined by the Zoning Officer.
§ 500-804 Determination of sign area and height.
A.
The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape that encompasses all of the letters and symbols.
B.
The maximum height of all signs shall be as established for the district where the sign is to be located. The following general height criteria or restrictions shall apply to all signs, as applicable:
(1)
Sign height shall be measured from the average grade of the site beneath the sign to the highest point of the sign. No person(s) shall artificially increase the maximum height of the sign by altering the grade at the base of the sign;
(2)
Wall signs, either parallel or projecting, shall not extend above the top of the wall to which they are attached; and
(3)
Freestanding business identification signs shall not be located closer to the ground than 10 feet (measured from the lowest part of the sign) when located in a parking, vehicular or pedestrian circulation area, unless they are resting on the ground. Freestanding billboards or advertising sign boards and canopy signs shall be at least 15 feet above the average grade of the proposed site.
§ 500-805 Signs not regulated by this article.
A.
Bulletin boards. Not exceeding 32 square feet in area for public, charitable, or religious institutions where the same are located on the premises of said institutions;
B.
Decals. Decals affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment;
C.
Handicap parking space. Signs not exceeding two square feet in areas reserving parking for handicapped individuals;
D.
Historic sign. A sign that memorializes an important historic place, event or person and that is specifically authorized by Wyalusing Borough or Bradford County, the Commonwealth of Pennsylvania or the federal government;
E.
Holiday decorations. Decorations that commemorate a holiday recognized by Wyalusing Borough, Bradford County, the Commonwealth of Pennsylvania or the federal government and that do not include advertising;
F.
Home occupation sign. Advertises a permitted home occupation that shall not be illuminated within the Residential (R-1), Residential (R-2), Agricultural (A) Zoning Districts and shall be attached to the principal building wall or within a building window and not exceed a surface area of six square feet. A home occupation sign shall not be freestanding;
G.
Name and address. Up to two signs indicating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification;
H.
Official sign. A sign erected by the Commonwealth of Pennsylvania, Bradford County, Wyalusing Borough, the federal government or other legally constituted governmental body, or specifically authorized by Wyalusing Borough ordinance or resolution, and which exists for public purposes, such as, but not limited to, identifying public transit stops;
I.
Open house sign. A temporary sign that advertises the periodic sale or rent of a house that shall be placed a maximum of four days before the open house begins and shall be removed a maximum of 24 hours after the open house ends;
J.
Private drive signs. On-premises private drive signs are limited to one per driveway entrance with language limited to the words "Private Drive" or "Lane" and the addresses of any residences using the private driveway; and
K.
Security and warning signs. On-premises signs regulating the use of the premises, such as "No Trespassing," "No Hunting" and "No Soliciting" signs. In addition, home security company signs indicating that a home contains an alarm system.
§ 500-806 Nonconforming signs.
Nonconforming signs may continue to be displayed, as long as there is compliance with the following limitations and conditions:
A.
There may be no expansion or increase in the nonconformity in any way;
B.
Maintenance and repair of the sign are permitted, if necessary, up to 50% of the sign and its supporting structure may be replaced in the event of damage, with this 50% limitation being cumulative. Any such replacement must be completed within six months of the damage occurring; and
C.
The sign must be brought into conformity if, for a period of at least three months, the message has no longer applied to an activity on the premises (this does not apply to billboards).
§ 500-807 Signs for nonconforming uses.
Upon receipt of an application for a permit to erect, alter or reconstruct a sign upon premises having a nonconforming use or structure as defined by Article IX, Nonconforming Lots of Record, Buildings and Uses, of this chapter, the Zoning Officer shall refer said application to the Zoning Hearing Board to hear and determine whether such permit application should be granted. Such determination to be based upon the following criteria:
A.
The sign must have a reasonable commercial need, must be the minimum necessary to meet such commercial need, and shall in no event exceed the requirements as hereinbefore set forth in this article;
B.
The sign shall contain no advertising matter not specifically related to the use of the premises; and
C.
The sign shall not conflict, offend or interfere with the conforming uses in the immediate vicinity.
§ 500-808 Abandoned and outdated signs.
A.
Signs advertising a use no longer in existence shall be removed within 90 days of the cessation of such use. If the owner of a property or lot does not remove such sign(s) within 30 days after receiving a written notice from the Zoning Officer, the sign(s) may be removed by Wyalusing Borough at the expense of the property or lot owner; and
B.
These time limits shall not apply to a sign intended to be reused with a new sign face serving a building that is clearly temporarily vacant and being offered to new tenants or for purchase.
§ 500-809 Billboards.
Billboards or off-premises signs include signs, graphics and other displays for commercial, industrial, institutional, service or entertainment purposes, products, uses, or services conducted, sold or offered elsewhere than upon the same premises where the sign is located. These signs are permitted by right (PR) in the Business 1 (B-1), Business 2 (B-2) Zoning District, and Agricultural (A):
A.
All off-premises advertising signs or billboards shall be constructed and erected on a steel unipole or steel I-beams meeting the minimum standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising;
B.
The support structures for all off-premises advertising signs or billboards shall be constructed and erected on permanent footings, as determined by the licensed engineer responsible for the permit application; and
C.
Engineering certification. An engineering certification shall accompany the application for a billboard sign permit. The engineering certification shall indicate, under the seal of a professional engineer, that the existence of the proposed off-premises sign shall not present a safety hazard:
(1)
Sign separation distance. The minimum distance required between all off-premises signs shall be 1,500 feet as measured along the center line of the abutting roadway. Signs located on the opposite sides of the road or in an adjacent municipality are subject to this distance requirement. These signs shall be located according to the following standards:
(2)
Sign setbacks. Off-premises sign(s) shall be located in accordance with the building setbacks for Business (B-1) and Business 2 (B-2) District.
(3)
Sign area. The maximum area for any off-premises sign(s) shall be 250 square feet per side; and
(4)
Sign height. At grade, no portion of any off-premises sign shall be more than 25 feet above the highest elevation of the surrounding natural grade.
§ 500-810 Digital billboards.
Digital billboards or off-premises signs include signs, graphics and other displays for commercial, industrial, institutional, service or entertainment purposes, products, uses, or services conducted, sold or offered elsewhere than upon the same premises where the sign is located. These signs are permitted by right in the Business 1 (B-1) and Business 2 (B-2) and Agricultural (A) districts.
A.
Display standards.
(1)
Static display time interval: eight seconds minimum;
(2)
Transition display time interval: one second maximum;
(3)
No display shall include animation/full motion, blinking, flashing, dissolving, fading, moving light and/or scrolling messages, content and/or images, nor shall it project a static image upon a stationary object;
(4)
Transitions between the display of a message, content and/or image shall be immediate only and shall occur simultaneously on the entire display area;
(5)
The display of message, content and/or image shall be visible only from one direction of traffic travel per sign. This provision shall not preclude the conversion of existing billboards with two sign faces that have been designed to be viewed in opposite directions of travel, provided each face would read to only one direction of travel;
(6)
No portion of a digital billboard shall project into a dedicated utility easement or be closer than five feet of a right-of-way line;
(7)
A minimum linear spacing of 1,500 feet shall be required between one digital billboard and any other digital billboard on the same side of the roadway;
(8)
A digital billboard shall incorporate systems/devices that will automatically freeze (remain static) a single message, content and/or image on the display should a billboard malfunction or be damaged;
(9)
A digital billboard shall incorporate systems/devices necessary to automatically adjust the brightness/intensity of the display according to ambient (natural or otherwise) light conditions;
(10)
The owner of a digital billboard shall coordinate with Wyalusing Borough, the Commonwealth of Pennsylvania and the Department of Homeland Security to display emergency information critical to the traveling public, such as "Amber Alerts" from a National Center for Missing and Exploited Children (NCMEC) authorized source, and other alerts involving terrorist attacks, natural disasters. Emergency messages are to remain in the display's rotation according to the designated issuing agency's protocols;
(11)
If the Wyalusing Borough Zoning Officer determines that a digital billboard causes glare or otherwise impairs the vision of the driver of a motor vehicle or otherwise interferes with the operation of a motor vehicle, the owner of the digital billboard, within 12 hours of a request by Wyalusing Borough, shall reduce the intensity of the display or to an alternative setting that satisfactorily mitigates the specific impairment to the driver as determined by the Borough;
(12)
The owner of a digital billboard shall provide the Wyalusing Borough Zoning Officer contact information for a person who is available to be contacted at any time and who is able to turn off the display promptly should a billboard malfunction or damage occur. Such contact information shall be resubmitted to the Borough every six months;
(13)
The illumination intensity of the display of a digital billboard shall not exceed 0.3 footcandle above ambient light conditions;
(14)
With the exception for "Amber Alerts," a digital billboard or its message, content and/or image shall not be configured to resemble a warning or danger signal or cause a driver to mistake the digital billboard or its message, content and/or image for a warning or danger signal;
(15)
A digital billboard or its message, content and/or image shall not resemble or simulate any lights or official signage used to control traffic in accordance with PennDOT specifications;
(16)
A newly constructed digital billboard shall not:
(a)
Exceed 250 square feet in total display area per side;
(b)
Exceed 25 feet in height above grade at the center line of the main traveled way closest to the structure;
(c)
Be located within 1,000 feet of a Residential Zoning District boundary. Measurement is linear on the same side of the roadway;
(d)
Be located within 500 feet of the point of intersection of a limited access thoroughfare interchange;
(e)
Be located within 1,500 feet of a park or playground; and
(f)
Be provided electrical service via underground utility lines.
§ 500-811 Signs with electronic messages.
Signs incorporating electronic message displays shall not be permitted except within 500 feet of a signalized traffic intersection, a residential use or any Public (P), Business 1 (B-1) and Business 2 (B-2) District.
A.
Such signs shall employ sufficient size, lettering and/or symbols for immediate recognition by motorists;
B.
Such signs shall display simple and static messages for immediate recognition by motorists. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive its meaning; and
C.
Such signs shall use instantaneous transitions from one message display cycle to the next with no blankouts, scrolling, fading, streaming, zooming, flashing or any other animated effect.
§ 500-812 Sign permit process.
For signs requiring permits in this article, the following requirements shall apply prior to the erection of said signs:
A.
Permit applications. Application for a permit shall be made at the Wyalusing Borough Offices;
B.
Application shall be made on a form to be provided by the Borough and shall contain the following information and documentation:
(1)
The name(s) and address(es) of the sign owner(s) and the landowner(s);
(2)
An affidavit of title executed by the landowner(s) indicating the date and place of recording of the present title to the land;
(3)
A drawing to scale, showing the location of the sign with reference to the adjoining property or lot lines and streets;
(4)
A drawing to scale, showing all dimensions of the sign. For a directional sign or an on-premises sign advertising activities being conducted on the property or lot, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign; and
(5)
A description of the construction materials of the sign and its manner of installation.
C.
Each application shall be accompanied by the appropriate fee, as established by the Borough Supervisors;
D.
All applications shall be reviewed, and permits issued, by the Zoning Officer. No sign permit shall be issued, except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance;
E.
Prior to moving any earth to place a sign, the applicant is required to contact Pennsylvania One-Call System, Inc. to determine location of any underground utilities;
F.
Permit issuance. Following permit application approval, a sign permit will be issued by the Zoning Officer upon receipt of all required fees;
G.
If there is any change in location or dimensions of any sign, or in advertising or informative contents of a sign, a new permit shall be required; and
H.
Personal expression signs. Noncommercial signs regardless of whether they contain political, religious or any other noncommercial message subject to the time, place and manner criteria set forth below:
(1)
Personal expression signs.
(a)
Definition. "Personal expression signs" are noncommercial signs regardless of whether they contain political, religious or any other noncommercial message.
(2)
Personal expression signs on public property.
(a)
It is unlawful to place, erect or maintain personal expression signs on or in public buildings and structures, including Borough buildings or on/in public parks, lawns, vehicles, trees, shrubs, fences, walls, traffic signs or fire hydrants.
(b)
It is unlawful to place, erect or maintain any personal expression sign in any manner that damages or defaces public property.
(c)
It is unlawful to place, erect or maintain any personal expression sign so as to create a visibility hazard to pedestrian or motor vehicle traffic along streets or sidewalks or at street.
(3)
Personal expression signs on private property.
(a)
It is unlawful to place, erect or maintain any personal expression sign on private property without the consent of the owner of said premises.
(b)
It is unlawful to place, erect or maintain any personal expression signs to create a visibility hazard to pedestrian or motor vehicle traffic along streets or sidewalks or on street corners.
(c)
It is unlawful to place, erect or maintain any personal expression sign that shall exceed a three-foot-by-three-foot sign (nine square feet). It is lawful to utilize both sides of the sign for a maximum area of 18 square feet per sign. The property owner shall be limited to a total of three [three-foot-by-three-foot signs (nine square feet per side or both sides for a total of 18 square feet)]. This will allow three signs for the property for a maximum total square footage of 54 square feet of signage.
(d)
Length of personal expression signs relating to candidates for public office. It is unlawful to maintain any personal expression signs relating to a candidate for public office more than 30 days prior to the primary election and more than 10 days after the primary election. It is unlawful to maintain any personal expression signs relating to a candidate for public office more than 30 days prior to the general election and more than 10 days after the general election; provided, however, that in the event of a subsequent runoff election, the signs of the runoff candidates may be maintained until the seventh day after the runoff election. The Borough will notify the candidate and/or campaign on whose behalf the sign appears of the violation of this chapter, and said candidate or campaign shall be given seven days to remove said signs or be assessed the costs of removal by the Borough. In the event that such signs are not removed, the Borough is authorized to remove and destroy said signs and to charge the candidate or campaign on whose behalf the signs were erected for the costs of removal and disposal.
(e)
Length of personal expression signs not relating to a candidate for public office. It is unlawful to maintain any personal expression signs more than 80 days in a calendar year running from January 1 to December 31 of any year. This provision is intended to be content-neutral, allowing for the sign to be displayed the same length of time as a personal expression sign relating to a political candidate in a calendar year. If a personal expression sign remains erected for over 80 days in a calendar year, the Borough will notify the property owner of the violation of this chapter, and said property owner shall be given seven days to remove said signs or be assessed the costs of removal by the Borough. In the event that such signs are not removed after the seven-day period, the Borough is authorized to remove and destroy said signs and to charge the property owner for the costs of removal and disposal.
(4)
The following noncommercial displays shall be exempt from the personal expression sign restrictions: flags, pennants, banners, signs for sports teams, including but not limited to school, college, professional, holiday decorations celebrating a secular and/or religious holiday, artistic expressions incorporated into lawn ornaments or monuments as long as they are not political expressions, and government recognition for veterans such as Gold Star parents and veterans.
I.
No sign shall be posted which shall:
(1)
Be located within a street right-of-way, except a government sign, Pennsylvania Department of Transportation sign, a public utility sign or a nonprofit organization sign approved by the Borough or Pennsylvania Department of Transportation.
(2)
Be painted, pasted, nailed, stapled or otherwise attached to utility poles, trees, fences, rock, and fire hydrants or in any unauthorized manner to walls, unless authorized by the Borough or allowed under the Sign Ordinance.
(3)
No sign shall be placed, erected or posted that is not allowed under the current Sign Ordinance.
J.
Enforcement. Signs that are placed on Borough property and signs that are prohibited in the public right-of-way may be removed by the Zoning Officer or his designee using the following guidelines:
(1)
Prior to removal, the Zoning Officer shall give three business days' notice to the sign owner or organization on the sign if identified by name, phone number or address if possible.
(2)
If the sign is not removed after the three business day notification or not removed after three business days without notification, the sign may be removed by the Zoning Officer.
(3)
Prohibited signs which are not removed within the time limits may be removed and impounded by the Borough, and the Borough may recover a fee equal to the cost of removal and storage.
(4)
Unclaimed signs after 30 days storage may be destroyed by the Borough.
§ 500-813 Permitted signs and requirements for sign type, area, dimensions and location.
The table of requirements is included as an attachment to this chapter.
§ 500-814 Temporary sign requirements.
The table of requirements is included as an attachment to this chapter.