When a new lot is formed from part of a parcel
of land on which there is an existing building, the separation must
be effected in such manner as not to impair any of the provisions
of this chapter whether related to the existing structure or to any
proposed new building.
The erection or use of any tent or trailer or
camp car, row house or double house for dwelling purposes, and the
sale or exterior display or display for sale visible from the street
of used or secondhand chattels or their merchandise, are prohibited
in any district.
All motor vehicle service stations shall be
so arranged and all gasoline pumps shall be so placed as to require
all servicing on the premises and outside the public way, and no gasoline
pump shall be placed closer to any property line than 15 feet.
[Amended 11-20-1989 by Ord. No. 9-1989]
A. Purpose. The purpose of the Sign Ordinance for the
Borough of Pemberton shall be to regulate the construction, erection
and maintenance of signs situated in the Borough of Pemberton. The
Borough seeks to have all new and replacement permanent signs enhance
the historic nature of the municipality. All signs shall comply with
the provisions of this section and any and all other ordinances and
regulations of the Borough of Pemberton.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
BANNER
A temporary sign located on a public building, on a building
belonging to a house of worship or a charitable organization or agency,
or stretching across a public right-of-way, which temporary sign promotes
an activity, event or festival of a governmental agency, house of
worship or charitable organization or agency, or otherwise promotes
the public good.
FREESTANDING SIGN
A sign that is not attached to any building. A sign that
is mounted on a post is a "freestanding sign."
FUNCTIONAL SIGN
A sign that provides directional, informational, safety or
public service information, such as but not limited to a sign indicating
the location of public rest rooms, telephones or similar facilities
of public convenience, or providing a place for the posting of public
announcements. A "functional sign" shall not include any commercial
name or commercial message.
HOME OCCUPATION SIGN
A sign that relates to any business or profession conducted
within a structure whose primary use is residential and the occupant
of that residence conducts the business therein.
INTERNALLY LIGHTED SIGN
A sign with the source of artificial illumination within
the sign and behind the test or message.
MOBILE SIGN
An exterior temporary sign, with or without wheels, that
is portable.
PERMANENT SIGN
Any sign or sign structure which is permanently affixed or
installed and is intended for long-term use.
SIGN
Any identification, description, illustration or device,
illuminated or nonilluminated, which is visible from any public place
and which directs attention to a product, service, place, activity,
person, institution, business or solicitation.
SIGN AREA AND DIMENSIONS
The "sign area" shall include all lettering, wording, coloring
and accompanying designs and symbols, together with background, whether
open or enclosed, but not including any supporting framework or bracing
incidental to the display itself.
TEMPORARY SIGN
A sign that is not permanently attached to a building, structure,
pole or land and which is designed or intended to be displayed for
a limited period of time.
WINDOW SIGN
Any sign painted on or any display exhibited on the inside
of a building intended to be visible from the outside.
C. General regulations.
(1) Applicability. It shall be unlawful for any person
to erect or construct a sign in the Borough of Pemberton which fails
to comply with the provisions of this section.
(2) Character. All new or replacement permanent signs
shall conform to the historic nature of the property in accordance
with guidelines set forth in this section. In those cases where the
property does not have an historic character (pre-1900), the character
of the sign shall be colonial.
(3) Permit required.
(a)
Unless a sign is excluded from the requirement,
all new or replacement signs require a permit from the Zoning Officer
of the Borough of Pemberton. Applicants shall pay a fee of $25, plus
the reimbursement of reasonable professional (engineering and legal)
expenses incurred by the Borough. The cost of any construction permit
required for any approved sign shall be in addition to the fee for
the sign permit and shall be paid before any sign is erected or installed.
(b)
Applicants shall complete a sign permit application
as well as a sign plan reflecting the lettering and logo on the proposed
sign, the size of the proposed sign, the area of glass if a window
sign, the placement on the building, the method of attachment, texture,
materials, lighting, color and any other information which may be
helpful to the Planning/Zoning Board. The sign plan must be approved
by the Pemberton Borough Planning/Zoning Board to ensure that the
sign conforms with the historic character of the Borough.
(4) Permit not required. Signs which do not require a
permit are the following:
(a)
Nameplate and address signs in a residential
zone, not to exceed one square foot in area.
(b)
Temporary real estate rental or sale signs.
(c)
Temporary event signs, including but not limited
to advertisement for a carnival, yard sale or political endorsement.
(e)
Temporary signs of contractors, tradesmen and
artisans when the work is actively in progress.
(f)
Traffic or other governmental signs, legal notices,
railroad crossing signs and such temporary emergency signs as may
be erected by governmental or public utility employees in carrying
out their official work.
(g)
Home occupation signs, not to exceed one square
foot in area.
(h)
Functional or informational signs of a noncommercial
nature.
(5) Window signs.
(a)
Permanent window signs. Two business signs may
be painted or otherwise permanently affixed to the windows and/or
doors of each business, bearing the name, street number and/or type
of business of the principal occupant, provided that there shall be
no more than one such sign on each window or door and that the total
area of all such signs shall not exceed 20% per exposure of glass
area and door(s) to street front.
(b)
Temporary window signs. Temporary window signs
which advertise or describe sales or special merchandise are permitted,
provided that the same sign does not remain in the window longer than
30 continuous days. The combined area of permanent window signs and
temporary window signs shall not exceed 30% per storefront glass.
(c)
Temporary window signs shall not be internally
lighted.
(d)
The total combined area of window signs and
exterior signs shall not exceed nine square feet.
(6) Real estate and other temporary signs. Real estate
and other temporary signs may not exceed five square feet in area.
Such signs may be posted for the duration of the sale, work or event
plus an additional seven days; however, no such sign shall remain
posted for longer than 120 consecutive days.
(7) Guidelines for permanent signs.
(a)
The Pemberton Borough Planning/Zoning Board
will examine proposed sign plans to ensure that all permanent signs
shall be of materials, color, texture, lighting, appearance, lettering,
size, location, position, method of attachment and design appropriate
to the architecture or style of the building for those buildings identifiable
as historic, pre-20th-Century structures (buildings constructed before
1900). For those structures erected on or after 1900, the permanent
signs shall be of materials, color, texture and design appropriate
to a colonial character.
(b)
The Pemberton Borough Planning/Zoning Board
will consider whether the proposed sign conforms to the historical
and distinctive character of the Borough, is not detrimental to the
intent and plan of historic preservation or to those buildings and
structures having architectural and historical significance and is
in harmonious relationship to the streetscape and the signs located
thereon.
(8) Banners. No sign other than official traffic signs
shall be erected within the lines of any street unless specifically
authorized by other ordinances or regulations of the Borough of Pemberton,
except that permits for installation of and maintenance, for a maximum
of 30 days, of banners over Borough streets, where property along
at least one side of the street is zoned commercial, may be issued
by the Zoning Officer, subject to the following conditions:
(a)
The applicant has submitted a certificate of
liability insurance with limits equaling or exceeding $50,000.
(b)
The Borough is named as an insured in the above
certificate.
(c)
Said banner shall not contain any lights or
moving parts, including flags.
(d)
The applicant has deposited $50 with the Borough
to assure removal of the banner prior to the expiration of the permit.
Said banner and all supportive material related to the banner shall
automatically belong to the Borough if not removed prior to the expiration
of the permit.
(e)
Said banner shall be installed and maintained
at a height of not less than 14 feet above the crown of the roadway
under the banner.
(f)
The applicant is a Pemberton Borough-based nonprofit,
philanthropic, charitable or civic organization.
(g)
The wording on the banner is related to advertising
an activity to take place in Pemberton Borough sponsored by the applicant.
(9) Prohibited signs. The following signs are prohibited:
(b)
Mobile or portable signs.
(10)
Safety. All signs shall be located so as not
to interfere with traffic safety or visibility.
D. Regulations governing signs in District One. District
One shall consist of the entire state Historic District of the downtown
area and all other properties of any zone within the Borough of Pemberton
not located in District Two. All noncommercially zoned property in
District Two (consisting of Residential A, Residential B and Residential
C) shall conform to the requirements of District One.
[Amended 9-19-1994 by Ord. No. 1994-5]
(1) All signs in District One shall be directly attached
to the building. There shall be no freestanding, hanging or pole signs.
(2) Signs in District One shall not be internally lighted.
(3) The total area of all signs on each property in District
One shall not exceed nine square feet.
E. Regulations governing signs in District Two. District
Two shall consist of all Commercial, Highway Commercial and Industrial
zoned properties situated south of the former Pennsylvania Railroad
line as shown on the Zone Map of the Borough of Pemberton.
(1) Signs in District Two may be directly attached to
the building, freestanding, hanging or pole signs.
(2) The total area of all signs on each property in District
Two shall not exceed 12 square feet.
F. Waivers. The Pemberton Borough Planning/Zoning Board
shall have the power to grant waivers from the strict requirements
of this section. Waivers are discretionary with the Planning/Zoning
Board, and the Board may approve, approve with conditions or deny
any request for a waiver presented pursuant to this section. Where
by reason of size, configuration, use, distinctive trade or other
reason indicating a specific hardship, the Planning/Zoning Board has
authority to grant waivers for the following:
(1) The size of window signs.
(2) The size of real estate and other temporary signs.
(3) The length of time for which a temporary sign may
be posted.
(4) The use of freestanding, hanging or pole signs in
District One where a distinctive trade, theme sign or unique circumstance
of a building or property shall warrant such relief.
(5) The size of signs in Districts One and Two where there
are unique circumstances due to the proposed activity, total structure,
lot size or any other factor.
(6) Design and location relief for permanent signs in
Districts One and Two where a distinctive trade, theme sign or a unique
circumstance of a building or property shall warrant such relief.
G. Maintenance. All signs shall be properly and safely maintained in accordance with the requirements of Chapter
151, Property Maintenance, of the Code of Pemberton Borough.
H. Enforcement and penalties. The Zoning Officer shall
enforce this section. Upon discovery of a violation of this section,
the Borough of Pemberton shall give written notice to the owner of
the sign and to the owner of record of the tax lot that the sign is
in violation of this section and to bring the sign into conformity
with this section or to remove it or to apply for a sign permit to
allow the sign as existing within 10 days of the notice. In the event
that any sign continues to be in existence after notice, the Zoning
Officer may file a Municipal Court complaint against the owner of
the sign and the owner of record of the tax lot, and take such other
action as may be permitted by law.
Whenever an existing lot is reduced in size
as a result of condemnation proceedings undertaken by the Borough
of Pemberton or by any other body politic or corporation permitted
by law to acquire real property by condemnation proceedings, so that
the width of the remaining lot is less than that required by the provisions
of this chapter for the construction of any building in any district,
a building shall nonetheless be permitted to be constructed upon the
remaining lot, provided that it is not less than 60 feet in width,
and provided that all provisions of this chapter, with the exception
of those pertaining to minimum lot widths, are observed.