[Added 7-18-2007 by Ord. No. 371]
A.
Purpose and findings.
(1)
The Board of Supervisors of Lower Makefield
Township is responsible for and empowered to protect the health, safety
and welfare of Lower Makefield Township and its citizens.
(2)
The Board of Supervisors of the Township of
Lower Makefield Township, County of Bucks, Commonwealth of Pennsylvania,
is empowered to enact and establish zoning districts, classifications
and regulations pursuant to the Pennsylvania Municipalities Planning
Code, 53 P.S. §§ 10101 to 11202, as amended.
(3)
The Board of Supervisors is empowered by the
Pennsylvania Second Class Code, 53 P.S. § 65101, et seq.,
as amended, to make and adopt ordinances, bylaws, rules and regulations
that are necessary to provide for, among other things, the maintenance
of peace, safety, health and welfare of the Township and its citizens.
(4)
The Board of Supervisors finds that the aesthetic
integrity and character of the Township have a substantial and direct
impact on the quality of life in Lower Makefield Township such that
preservation of these vital aspects of the Township is important to
the health, safety and welfare of the Township.
(5)
The Board of Supervisors finds that certain
billboards and temporary signs have a deleterious effect on vehicle
traffic safety, pedestrian traffic safety and the quality of life
in Lower Makefield Township by virtue of their respective mediums
of expression.
(6)
The Board of Supervisors finds that the costs
associated with removal of various temporary signs on Township property
is substantial and it is in the economic interests of the citizens
of the Township to minimize, if not eliminate, this cost.
(7)
The Board of Supervisors finds that by restricting
the tangible media of billboards and temporary signs in the Township
to certain designated areas within the Township, the Board of Supervisors
shall advance the substantial government interest of lessening hazards
to pedestrian and vehicular traffic.
(8)
The Board of Supervisors finds that by restricting
the tangible media of billboards and temporary signs in the Township
in the manners set forth herein, the Board of Supervisors shall advance
the substantial government interest of preserving real property values
in the Township.
(9)
The Board of Supervisors finds that by restricting
the tangible media of Billboards and temporary signs in the Township
in the manners set forth herein, the Board of Supervisors shall advance
the substantial government interest of preventing unsightly and detrimental
development in the Township.
(10)
The Board of Supervisors finds that while certain
restrictions are placed upon the tangible medium of temporary signs,
several alternative channels of communication are available to individuals
in the community, such as distributing handbills where permissible,
posting signs and handbills on automobiles where permissible, posting
signs on private property and other properties within the Township,
with the permission of the owners thereof, and other means by which
to exercise one's right of speech.
(11)
The Board of Supervisors finds the reasonable
restriction and control of the locations, numbers, spacing, sizes,
heights, shapes, lighting, general character and maintenance of billboards
and temporary signs are essential to the avoidance of hazardous traffic
conditions on public thoroughfares within the Township, including,
but not limited to, hazards associated with the distraction of drivers
from control of their vehicles and constant observation of surrounding
vehicular and pedestrian traffic.
(12)
The Board of Supervisors finds that the restrictions
imposed by this article are narrowly tailored in scope to balance
the interests of the Township against the rights of all persons in
the Township.
(13)
The Board of Supervisors has determined that
it is in the best interest of all residents and property owners in
Lower Makefield Township to recognize the business of off-premises
advertising signs as a permitted use and to create an overlay zoning
district along the Interstate No. 95 and Pennsylvania Route 1 corridors
for such use.
B.
SOPAS Special Off-Premises Advertising Sign Overlay
District. The SOPAS Special Off-Premises Advertising Sign Overlay
District is an overlay zoning district located on both sides of Interstate
No. 95 (I-95) and Pennsylvania Route 1 (Rt. 1) that are located in
an O-R — Office/Research or C-3 — Commercial — General
Business and Industrial Township Zoning District. The purpose of the
SOPAS Special Off-Premises Advertising Sign Overlay District is to
limit the area where such signs are permitted to certain lands zoned
commercial or office/research and/or lands having frontage on I-95
or Rt.1; to provide an area for the placement of special off-premises
advertising signs, as described below, in the Township; to provide
regulations for such signs; to provide standards for construction
of such signs; and to locate such signs so that they are not adverse
to the health, safety, and general welfare of the residents of the
Township of Lower Makefield. The overlay district is limited to that
portion of Lower Makefield Township set forth on the Zoning Map attached
hereto as Exhibit A.[1] The width of the overlay district shall be 75 feet measured from the edge of the right-of-way of I-95 and Rt.1. In addition to the requirement that signs in the SOPAS Special Off-Premises Advertising Sign Overlay District adhere to the standards and requirements set forth in Article XIX, the following standards and requirements shall apply to placement of special off-premises advertising signs.
[1]
Editor's Note: The Zoning Map is on file in
the Township offices.
C.
Establishment and location of district.
(1)
Establishment of district. The Lower Makefield
Township Zoning Ordinance and Map are hereby amended by the creation
an overlay zoning district known as the "SOPAS — Special Off-Premises
Advertising Sign Overlay District."
(2)
Location of district. The SOPAS Off-Premises
Advertising Sign District is identified and comprised of all properties
or portions thereof within 75 feet on both sides of I-95 and Rt.1
rights-of-way that are located in an O-R — Office/Research or
C-3 — Commercial — General Business and Industrial District.
D.
Permitted use. A special off-premises advertising
sign, also known as a "billboard," shall be permitted in the SOPAS
Special Off-Premises Advertising Sign Overlay District subject to
the following requirements:
(1)
Size of sign. The size of the sign may not exceed
302 square feet per side with a maximum width of 24 feet, six inches,
and a maximum height of 12 feet, three inches. The area shall be measured
by the smallest square, rectangle, triangle, circle or combination
thereof which will encompass the entire sign. A sign structure may
contain one or two signs per facing and may be placed double-faced,
back-to-back or V-type. Signs which exceed 151 square feet in area
may not be double-faced (abutting and facing the same direction).
(2)
Height and location of sign. The maximum height of the off-premises advertising signs above the established grade, as defined in § 200-7 of the Lower Makefield Township Zoning Ordinance, nearest the sign shall be the minimum necessary in order for the sign to be reasonably viewed by the intended motorists and in no event higher than 20 feet measured to the top of the sign. Off-premises advertising signs shall be located no closer than 20 feet from any property line excluding I-95 and Rt. 1. Off-premises advertising signs shall be located as close to the ultimate right-of-way of I-95 and Rt. 1 as possible.
(3)
Spacing. Special off-premises advertising signs
shall not be located closer than 500 feet from any street or road
measured from the ultimate right-of-way of such street, excepting
I-95 or Rt. 1. Special off-premises advertising signs shall not be
located closer than 500 feet from another off-premises advertising
sign measured linearly along each side of the SOPAS Zoning District.
All off-premises advertising signs shall be directed towards traffic
on I-95 or Rt. 1. The distance between sign structures shall be measured
along the nearest edge of the pavement between points directly opposite
the signs along the same side of the traveled way.
(4)
Lighting. The sign may be nonilluminated or
indirectly illuminated, but shall not be directly illuminated.
(5)
Lot size. The minimum lot size for a property
on which a special off-premises advertising sign may be located is
20,000 square feet.
(6)
Maintenance of sign. All signs shall be structurally
sound and maintained in good condition. If the signs are not structurally
sound or are in poor condition, the signs shall be immediately removed.
(7)
Landscaping. Landscaping shall be provided at
the base of all special off-premises advertising signs in order to
shield from view the base, structural elements, and foundation of
the sign. Plants, trees, shrubs and other vegetation shall be used
in accordance with the Lower Makefield Township Native Plant Ordinance.[2] All plans for landscaping shall be approved in accordance
with such approval methods as provided in this chapter and the Lower
Makefield Township Native Plant Ordinance.
E.
Additional regulations. All special off-premises advertising
signs shall comply with any and all applicable zoning regulations
not specifically established herein and any and all Township, state
and/or federal regulations, including, but not limited to, the Lower
Makefield Township Zoning Code, the Pennsylvania Second Class Township
Code and the Pennsylvania Department of Transportation regulations.
In the event that any additional law or regulation of the Commonwealth
of Pennsylvania or the United States Federal Government conflicts
with any provision of this article, the parties shall abide by the
terms and interpretation of the law or regulation of the Commonwealth
of Pennsylvania or the United States Federal Government, whichever
shall be deemed to control. All other nonconflicting provisions shall
remain in full force and effect.
