Township of Montgomery, PA Article XVIII Signs

[Amended 6-27-1988 by Ord. No. 17-045; 11-7-1988 by Ord. No. 17-050; 6-22-1992 by Ord. No. 92-1; 11-28-1994 by Ord. No. 94-39]

§ 230-121 Purpose.

It is recognized that signs perform an important function in identifying residences and business. It is hereby found and declared, however, that control of signs is necessary to promote the health, safety and general welfare by:

A. Lessening hazards to pedestrian and vehicular traffic.

B. Preserving property values.

C. Preventing unsightly and detrimental development which has a blighting influence upon residential, business and industrial areas.

D. Preventing signs from reaching such excessive size that they obscure one another to the detriment of all concerned.

E. Securing certain fundamentals of design for the Township.

§ 230-122 Scope; applicability.

In all zoning districts within the Township of Montgomery, after the effective date of this chapter, signs may be erected, altered, maintained, used or moved, but only when in accordance with the provisions of this article.

§ 230-123 Definitions.

A. As used in this article, the following terms shall have the meanings indicated:

AWNING

A roof-like cover, as of canvas, that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BACKGROUND AREA OF A SIGN

The entire background area of a sign upon which copy could be placed. In computing the area of a sign background, only that face or faces which can be seen from any one direction at one time shall be counted.

BEACON LIGHT

Any light with one or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.

BUILDING FACADES

A portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. A parapet wall shall not extend more than six feet above the height of the building roofline at the building wall corresponding with that side.

DIRECTIONAL SIGNS

On-premises incidental signs designed to guide or direct pedestrians or vehicular traffic. Such signs shall be no greater than six square feet in area.

ILLUMINATED SIGNS

A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.

(1) DIRECT SIGN ILLUMINATION A sign designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign, including but not limited to neon and exposed lamp signs.

(2) FESTOON LIGHTING A directly illuminated sign comprised of either:

(a) A group of incandescent light bulbs hung or strung overhead or on a building or structures; or

(b) Light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.

(3) FLASHING SIGN An illuminated sign on which the artificial light is not maintained stationary and constant in intensity and/or color at all times when in use.

(4) INDIRECT SIGN ILLUMINATION A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.

(5) NONILLUMINATED SIGN A sign which is not illuminated, either directly or indirectly.

MARQUEE

A permanent roof or building structure attached to and supported by the roof or building and may project over public property.

ROOFLINE

The juncture of the roof and the perimeter wall of the structure.

SIGN

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 designed to attract the eye or bring the subject to the attention of the public. This is not to include striping or architectural detail, provided that the same do not include lettering, wording, designs or symbols.

SIGN AREA

(1) The area of all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed (whether such background is open or enclosed), but excluding any supporting framework and bracing which are solely incidental to the display itself, provided that the same do not contain any such lettering, wording, designs or symbols.

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

(3) In the case of a freestanding sign, the area of each section shall be calculated separately.

(4) Where a sign consists of a double face, only one side shall be considered for the purpose of calculating such area, provided that both faces are identical, but if the interior angle formed by two faces of a double-faced sign is greater than 45º, then both sides of the sign shall be considered in calculating the sign area.

SIGN HEIGHT

The distance from the highest portion of the sign to the mean grade at the base of the sign.

SIGN STRUCTURE

Any structure which supports or is capable of supporting any sign as defined in this article. A sign structure may or may not be an integral part of the building.

TYPES OF SIGNS

(1) ANIMATED SIGN A sign with action of motion, flashing, color changes requiring electrical energy or electronic-manufactured sources of supply, but not including wind-actuated elements such as flags, banners or specialty items.

(2) BANNER SIGN Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. A single United States national flag shall not be considered a banner for the purpose of this article unless its use or purpose is that of advertising the location or business at which it is flown.

(3) BENCH SIGN A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

(4) BILLBOARD SIGN A non-point-of-sale sign which advertises a business, organization, event, person, place or thing, unless such a sign is more specifically defined herein.

(5) BUILDING ENTRANCE SIGN A wall sign or fascia sign located at the common public entrance to a building.

[Added 4-27-2009 by Ord. No. 09-236Z[1]]

(6) BUSINESS SIGN An on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted, other than incidentally, on the premises upon which the sign is located or to which it is affixed.

(7) CHANGEABLE-COPY SIGN A sign that is designed so that characters, letters, panels or illustrations can be changed or rearranged without altering the face or the surface of the sign.

[Amended 3-26-2012 by Ord. No. 11-251Z]

(8) CONSTRUCTION SIGN Any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

(9) DIRECTIONAL SIGN See definition of "directional signs" above.

(10) DIRECTORY SIGN A sign on which the names and locations of occupants or the use of a building is given. This shall include office buildings and church directories.

(11) FREESTANDING SIGN A self-supporting sign resting on or supported by means of poles or standards, either on the ground or on the roof of a building.

(12) GROUND SIGN A freestanding sign which rests at or near the ground or curb level.

(13) ILLUMINATED SIGN See definition of "illuminated signs" above.

(14) INFLATABLE SPECIALTY SIGN Any sign that is inflated, otherwise known as a "balloon sign."

(15) MARQUEE SIGN Any sign attached to or constructed in a marquee.

(16) MULTIPLE COPY SIGN A sign which advertises other than the name of the business and the principal product or service.

(17) NONCONFORMING SIGN Any sign which does not conform to the regulations of this article.

(18) NONSTATIONARY SIGN A sign which, by means of some mechanical device, changes its position constantly or at regular intervals by rotating around an axis or shifting in horizontal or vertical alignment.

(19) OFF-PREMISES SIGN A sign which advertises or otherwise directs attention to an activity not on the same lot.

(20) ON-PREMISES SIGN A sign which advertises or otherwise directs attention to an activity on the same lot.

(21) PARALLEL SIGN A sign mounted parallel to a wall or other vertical building surface. A parallel sign shall not extend beyond the edge of any wall, parapet or other surface to which it is mounted and shall not project more than 10 inches from its surface.

(22) POINT-OF-SALE SIGN Any sign which carries only the name of the firm, major enterprises or products offered for sale on the premises, or a combination of these things.

(23) PROJECTING SIGN Any sign mounted to a wall or other vertical building surface other than a parallel sign. Projecting signs shall not project more than four feet from the surface to which they are attached and shall not project above the wall or surface to which they are mounted or in any way interfere with normal pedestrian or vehicular traffic.

(24) REAL ESTATE SIGN Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

(25) REVOLVING SIGN A sign which revolves 360º.

(26) ROOF SIGN A sign erected upon or above a roof or parapet wall of a building and which is wholly or partly supported by said building.

(27) SNIPE SIGN Sign of any material whatsoever that is attached in any way to a utility pole, tree or any similar object located or situated on public or private property.

(28) STREET BANNER SIGN Any banner sign which is stretched across and hung over a public right-of-way.

(29) TEMPORARY SIGN An on-premises sign which is intended to advertise community or civic projects or other special events on a temporary basis. Temporary signs on any lot shall not be permitted for more than seven consecutive days and shall be limited to 14 times per calendar year.

[Amended 11-12-2007 by Ord. No. 07-220Z]

(30) TIME-AND-TEMPERATURE SIGN A display containing illuminated numerals flashing alternately to show the temperature and time.

(31) TRAILER SIGN Any sign which is erected upon a structure having wheels, rollers or similar devices facilitating movement and which is capable of being moved from one location to another.

(32) UNDER-MARQUEE SIGN A lighted or unlighted display attached to the underside of a marquee protruding over a public or private sidewalk or right-of-way.

(33) VEHICULAR SIGNS Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign and, as such, shall be subject to the provisions regarding freestanding signs in the district in which the vehicle is located.

(34) WALL OR FASCIA SIGNS Any parallel sign which in any manner is affixed to any exterior wall of the building or structure and which does not project more than 10 inches from the building or structure. No such sign shall exceed the height of the parapet.

(35) WINDOW SIGN A sign which is fastened to or placed in the area of a window or a display window which advertises or otherwise directs attention to an activity conducted on the same lot or premises.

(36) MISCELLANEOUS SIGNS Any sign or type of sign not previously defined in this article and which has been approved as a special exception by the Zoning Hearing Board of Montgomery Township.

(37) AWNING SIGN A sign that is mounted or painted on or attached to an awning.

UNIFORM BUILDING CODE (BOCA BUILDING CODE)

The current edition of the Uniform Building Code (currently the BOCA Code), as adopted by Montgomery Township, utilized as related to those guidelines with respect to construction standards, approved materials and projection standards, unless otherwise specified in this chapter.

[1] Editor's Note: This ordinance also provided for the redesignation of Subsections (5) through (36) of this definition as Subsections (6) through (37).

§ 230-124 Design standards.

A. Only materials as permitted by the sign regulations of the International Building Code or Pennsylvania Act 45, as amended,[1] shall be used in the manufacture of signs. The design and construction of electrical signs shall be in accordance with the requirements set forth in the National Electrical Code, as last revised.[2]

[Amended 6-22-1992 by Ord. No. 92-1; 4-27-2009 by Ord. No. 09-236Z]

[1] Editor's Note: See Ch. 69, Building Construction and Fire Prevention.

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

B. Signs and structures will be designed and constructed to resist wind forces as specified in accordance with the International Building Code, Appendix H, or Pennsylvania Act 45, as amended.

[Amended 4-27-2009 by Ord. No. 09-236Z]

C. All electrical wiring shall be contained in rigid conduit or enclosed in poles or raceways. All electrical sign components connection and insulators shall conform to the specifications of the National Electric Code and Underwriters' Laboratories, Inc. Every electrical sign must bear the seal of the Underwriters' Laboratories, Inc., prior to installation before the issuance of a permit by the Building Inspector, and the number of the Underwriters' Laboratories, Inc., 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, Inc., label prominently affixed thereon.

D. Detailed plans showing supporting structural members and foundations must be submitted to the Building Inspector's office for approval before the issuance of a permit. In the case of freestanding signs in excess of 50 square feet on one side and over 10 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.

[Amended 4-27-2009 by Ord. No. 09-236Z]

§ 230-125 General regulations.

A. The following types of signs or illumination of signs shall be prohibited in Montgomery Township:

(1) Flashing signs.

(2) Roof signs.

[Amended 11-12-2007 by Ord. No. 07-220Z]

(3) Revolving signs.

(4) Festoon lighting.

(5) Animated signs.

(6) Trailer signs.

(7) Beacon lights.

(8) Street banner signs, except for street banner signs promoting municipal purposes. A municipal purpose shall be any event wholly or partially sponsored by Montgomery Township.

[Amended 11-7-2005 by Ord. No. 05-200Z]

(9) Vehicular signs.

(10) Any sign or part of a sign with flashing, intermittent lighting, sequential lights or which has revolving, moving, oscillating parts or which has movable parts or reflectors; with changing colors or intensity of illumination, which utilize electrical energy; which changes sign image or text; or which flaps in the wind, with the exception of signs that display time, temperature and/or date exclusively and barber poles.

[Added 11-12-2007 by Ord. No. 07-220Z]

(11) Mobile or portable signs, including signs intended by design to be easily moved or relocated or a sign not permanently affixed to a structure or the ground, unless permitted as a temporary sign.

[Added 11-12-2007 by Ord. No. 07-220Z]

B. Obstructions. No signs shall be placed in such a position as to endanger traffic on a street by obscuring a clear view or by confusion with local street signs or signals by virtue of position or color. In addition, no sign shall be located or arranged so that it interferes with traffic through glare, blocking of reasonable sight lines for streets, sidewalks or driveways or confusion with traffic control devices by reason of color, location or shape or other means. Signs which are located adjacent to any driveway or right-of-way must meet the approval of the Township Engineer.

C. Public right-of-way. No sign, other than official street signs and street banner signs promoting municipal purposes, shall be erected or maintained within the existing legal right-of-way of any public road in Montgomery Township. No sign shall project more than 72 inches over a public walkway, except for street banner signs promoting municipal purposes, the use of such street banner signs being specifically permitted to project into the public right-of-way. The lower edge of any sign projecting into the right-of-way shall not be less than 10 feet above the walk level.

[Amended 11-7-2005 by Ord. No. 05-200Z]

D. Temporary illuminated signs. Temporary illuminated signs shall not be permitted within 10 feet of any existing or future road right-of-way.

E. Any sign tacked, nailed, posted, pasted, hung, glued or otherwise attached to a tree, post, bus shelter, stake, light stand, fence or other object is prohibited unless for the purpose of posting "no hunting" or "no trespassing."

F. Maintenance. All signs permitted by this article must be constructed of durable materials and must be kept in good condition and repair. All signs not properly maintained shall be subject to removal pursuant to Subsection K of this section.

G. Sign permit. All signs or a portion of any sign projecting into Montgomery Township from an adjoining municipality other than Montgomery Township shall require the issuance of a sign permit in accordance with sign permits, requirements and fees, referred to in § 230-130.

H. Street frontage. An establishment may have one freestanding sign per public street frontage. The total area permitted cannot exceed the provisions as specified under the individual districts as provided by this article.

I. Yard requirements. No portion of any freestanding sign, business sign or advertising sign may be located within the side or rear yard or within the required buffer zone when located adjacent to a zoning district of a higher classification.

J. Supporting standards. No freestanding sign can occupy a designated parking area or intended parking area, walkway, cartway, driveway or area designated for any other use.

K. Removal of signs.

(1) The Zoning Officer of Montgomery Township shall have the authority to require the removal and/or demolition of signs under the following circumstances:

(a) When it is determined by such officer that the sign has deteriorated to the point of becoming a danger to the public; or

(b) When a sign does not comply with the provisions of this article.

(2) In the case of signs which have deteriorated to the point of becoming a danger to the public or which fail to comply with the provisions of this article, the sign removal procedure will be initiated by a letter to the owner or lessee by the Zoning Officer requiring the removal of such sign within 30 days, provided that if, within such 30 days, the owner or lessee shall take steps to begin the repair or rehabilitation of such sign or the alteration thereof so as to make the same comply with the provisions hereof, then such letter shall be automatically rescinded, provided that such owner or lessee promptly commences and diligently pursues such repair or alteration to conclusion.

(3) Should the subject sign fail to be removed within the time frame set forth herein, the Zoning Officer shall have the subject sign removed from the premises, and any costs incurred by Montgomery Township for the removal of the subject sign shall be billed to the owner of the premises, including any inspection fees as may be required by the Zoning Officer, and the owner shall have 30 days from the date of billing to remit the necessary fees for the removal of the sign from the premises. Should be owner fail to remit the necessary funds, appropriate legal action may be taken in order to collect money due the Township at the expense of the owner.

§ 230-126 Residential district regulations.

A. General provisions.

(1) Freestanding signs may not exceed six feet in height.

(2) Parallel and projecting signs or portions of such signs shall not be located more than four feet above the ground floor of any building.

(3) In all residential districts, the following permitted signs may be directly illuminated and no other:

(a) Professional sign of a physician, dentist, healer, Justice of the Peace and such other persons whose services in emergency situations are customarily considered essential to the public health, safety and welfare, provided that the illumination is white light only, and provided further that the total illumination for any such sign shall not exceed the equivalent of that given by a twenty-five-watt incandescent light source.

B. Single-family detached residential district provisions [R-1, R-2 (including cluster developments), R-3, R-3A, R-5 and R-6].

(1) On-premises signs. In the above-indicated residential zones, no on-premises signs shall be permitted except as follows:

(a) Flags representing education or religious organizations.

(b) One directly illuminated (maximum 25 watts), nonilluminated or indirectly illuminated sign for home occupations or accessory offices indicating only names of persons and their occupations, provided that the area of any such sign shall not exceed two square feet.

(c) One directly illuminated (maximum 25 watts), nonilluminated or indirectly illuminated sign in connection with a lawfully maintained nonconforming use, provided that the area of any such sign shall not exceed 12 square feet.

(d) One nonilluminated sign advertising the sale or rental of property on which the sign has been erected or one sign indicating that said premises has been sold or rented, provided that the area of any such sign shall not exceed six square feet, and such sign shall be removed upon settlement in the case of a sale or upon occupancy in the case of a rental.

(e) One temporary nonilluminated sign erected in connection with a major land development or proposed major land development of a premises by a builder, contractor or developer or other person interested in such sale or development, provided that the area of any such sign shall not exceed 32 square feet and that the sign shall be removed within 20 days after the last structure has been initially occupied or upon expiration of the building permit, whichever is sooner.

(f) Temporary nonilluminated signs of contractors, mechanics, painters and artisans, erected and maintained on the premises where the work is being performed during the period in which such work is being performed, provided that not more than one such sign shall be erected on any one property, and provided that such signs shall be removed promptly upon the completion of work, and further provided that such sign shall not exceed 12 square feet.

(g) Signs announcing "No Trespassing," "No Hunting" or "No Gunning" or similar signs indicating the private nature of a road, driveway or premises, provided that the total sign area for every 150 feet of any one street frontage shall not exceed four square feet.

(h) Nonilluminated or directly illuminated memorial signs or historical signs or tablets.

(i) Signs for a school, church, hospital, sanitarium or other institution of a similar nature, on the same lot therewith, for the purpose of displaying the name of the institution, provided that the area on one face of the sign shall not exceed 24 square feet, and provided that not more than one such sign shall be erected on any one street frontage of any property.

(2) Off-premises signs. No off-premises signs are permitted in the above-mentioned residential districts except as follows:

(a) Signs necessary for the direction, regulation and control of traffic, street name signs, legal notices, warnings at railroad crossings and other official signs which are singularly authorized or erected by duly constituted governmental bodies may be erected.

(b) Temporary signs advertising political parties or candidates for elections may be erected or displayed and maintained, provided that:

[1] The size of any such sign is not in excess of four square feet.

[2] The sign shall not be erected or displayed earlier than 30 days prior to the election to which it pertains and shall be removed within seven days after said election.

(c) Temporary nonilluminated signs directing persons to temporary exhibits, temporary shows, special events of a noncommercial nature or proposed developments may be erected subject to the following requirements:

[1] Signs shall not exceed 12 square feet in area.

[2] Signs shall not be posted earlier than seven days before the occurrence of the event to which they relate and must be removed within seven days after the date of the show, event, sale or rental of the final unit in such development.

[3] Nonilluminated signs used for directing patrons, members or an audience to service clubs, churches or other nonprofit organizations shall be permitted, provided that signs indicate only the name of the organization and place, date and time of meeting.

C. Residential garden apartments, townhouse developments, mobile home developments and age-qualified residential communities (R-3, R-3A, MHP and AQRC).

[Amended 11-12-2007 by Ord. No. 07-220Z]

(1) On-premises and off-premises signs. The following are permitted:

(a) All on-premises and off-premises signs permitted in Subsections A and B above.

(b) Signs displayed for the direction, safety or convenience of the public, including signs which identify rest rooms, public telephone booths, parking areas, entrances or exits, freight entrances or the like, provided that the area of any such sign shall not exceed four square feet.

(c) One directly illuminated, nonilluminated or indirectly illuminated sign, displaying only the name and address of the premises or complex, provided that the area of any such sign shall not exceed 20 square feet.

(d) One directly illuminated, nonilluminated or indirectly illuminated sign, bulletin board or announcement board or an identification sign for a permitted building or use, provided that the area of any such sign shall not exceed 34 square feet.

§ 230-127 Commercial and industrial district regulations.

A. Shopping center, commercial, business and limited industrial signs (S, C, LI, HLI and HLI-II Districts).

[Amended 11-12-2007 by Ord. No. 07-220Z; 4-27-2009 by Ord. No. 09-236Z]

(1) On-premises signs. In the above-indicated districts, no on-premises signs shall be permitted except as follows:

(a) All on-premises signs permitted in § 230-126, plus the following:

[1] Changeable-copy signs, provided that said sign copy is not altered at a rate greater than once per hour, and the changeable-copy sign area is limited to 16 square feet with a nonchangeable background area.

[2] Time-and-temperature signs, provided that the sign area is limited to 16 square feet with a nonchangeable background area.

(2) Parallel signs and awning signs. In the above-indicated zones, no parallel signs or awning signs shall be permitted except as follows:

(a) The total area for all parallel signs and awning signs shall be calculated based on either one square foot of sign area for each foot of distance a building is set back from the curbline or edge of roadway or two square feet of sign area per linear foot of front building wall, whichever is less, with a maximum of 350 square feet shall be permitted. If the above calculation renders the allowable area to be less than 50 square feet, then an area of 50 square feet is allowed.

[1] The total permitted area may be divided among the exterior walls of the space occupied. The maximum sign area on each building wall is limited to 25% of the area of the building wall, including doors and windows, to which the sign is attached.

[2] In the case of a building situated not parallel to the roadway, the average distance the building is set back from the curbline or edge of roadway shall be used for calculating the allowable signage area.

[3] In no event shall the placement of the sign impede the view of vehicular traffic or shall any portion of the sign overhang a pedestrian walkway or sidewalk.

[4] In the above-indicated zones, when a sign is attached to a premises occupied by more than one user, then each business shall be entitled to a total maximum sign area calculated as though each business were a freestanding premises with a maximum allowable sign area calculated as in Subsection A(2)(a) above.

(b) Signs painted on or affixed to the inside or outside of windows shall be included in the computation of maximum size for signs if their combined area exceeds 25% of the area of the windows they occupy.

(c) Notwithstanding the foregoing, however, the total area of parallel signs and for signs affixed to awnings and any signs affixed to the inside or outside of windows may not exceed 25% of the area of the wall, including windows and door area and cornices, to which they are attached.

(3) Projecting signs. Projecting signs are permitted, provided that only one such sign shall be permitted on each property for each street frontage on a public right-of-way.

(4) Freestanding business signs. Freestanding business signs are permitted, provided that only one such sign shall be permitted on each property for each street frontage on a public right-of-way, and:

(a) The minimum sign setback shall be 15 feet from the existing curbline or edge of roadway.

(b) The maximum sign height and sign area shall be determined by a sliding scale and the number of users within the building in accordance with 230:A17[1], and as follows:

[1] In the case of single-user buildings, at the minimum sign setback of 15 feet, the maximum permitted sign height shall be five feet and the maximum permitted sign area shall be 34 square feet. The applicant may increase the height of the sign by one foot and the area of the sign by two square feet for each additional one foot of setback beyond the minimum setback, up to a maximum height of 20 feet and a maximum sign area of 70 square feet.

[2] In the case of multitenant buildings or a lot with multiple buildings under common ownership, for each additional one foot of setback in excess of 28 feet from the existing curbline or edge of roadway, an additional 10 square feet of sign area and one additional foot of sign height shall be permitted for each tenant in excess of the first such tenant, up to a maximum sign height of 23 feet and a maximum sign area of 100 square feet, or two freestanding signs a minimum of 50 feet apart with a maximum of 50 square feet of total sign area per street frontage and a maximum height of five feet located a minimum of 15 feet from the existing curbline or edge or roadway shall be allowed.

[3] Directional signs. One sign per driveway is allowed. Each sign is allowed a maximum area of six square feet and three feet in height and shall not impede the view of vehicular traffic.

[4] At the time of any future road widening, the sign owner must relocate the sign(s), at his or her expense, to conform to the minimum setback requirement unless the sign is a legal preexisting nonconforming sign, in which case the setback must conform to the nonconforming setback prior to the relocation of the curbline in order to maintain the prior nonconforming distance. In no event shall the placement of the sign impede the view of vehicular traffic or any portion of the sign project or overhang a pedestrian walkway or sidewalk.

[5] Refer also to the landscaping requirements of § 230-127A(8).

[1] Editor's Note: See the freestanding signs table included at the end of this chapter.

(5) Temporary signs which advertise sales or special event(s) are permitted, provided that only one such sign shall be permtted on each street frontage on a public right-of-way, provided that such sign must be affixed to a building or awning or may be placed on the ground, not to exceed 32 square feet on each side, and be a minimum of 15 feet behind the curbline or edge of pavement in noncurbed areas, shall not impede the view of traffic in the opinion of the Township and shall follow the requirements of § 230-125B.

(a) The maximum area of such banner shall not exceed 120 feet.

(b) No banner shall extend over a public right-of-way.

(c) Temporary signs or banners may be displayed for a total of seven consecutive days per permit unless extended by reissuance of a permit.

(d) Applicants must obtain a temporary sign permit from the Zoning Officer prior to displaying a banner or temporary sign.

(e) Temporary signs or banners may be displayed for a total of 14 weeks each calendar year.

(6) Inflatable specialty sign. Display of inflatable specialty signs (balloons) may be requested from the Zoning Officer for special events such as grand openings or the advertisement of a product new to the market, provided that:

(a) Such devices are securely fastened to the ground.

(b) The maximum diameter of such devices shall be 12 feet and the maximum height of such devices is no higher than 12 feet measured from ground level.

(c) Such devices shall not obstruct pedestrian walkways and/or required parking.

(d) Such devices shall be displayed for a period of no more than one week, for a maximum of four times per calendar year.

(e) An inflatable specialty sign for a grand opening only may be installed upon a roof, provided that it does not exceed a height of 12 feet above the parapet wall. Such devices may be displayed one time only for a period of one week.

(7) Real estate signs. One nonilluminated sign advertising the sale or rental of the property on which the sign has been erected or one sign indicating said premises has been sold or rented, provided that the area of any such sign shall not exceed 32 square feet, and such sign shall be removed upon settlement in the case of a sale or upon occupancy in the case of a rental. Directional signs will be permitted in all zoning districts, subject to the following:

(a) A maximum of two off-site directional signs are allowed.

(b) Signs allowed after 4:00 p.m. on Friday and must be removed by 4:00 p.m. Sunday.

(c) Permission must be obtained in advance from the property owner where the sign is to be placed.

(d) All signs shall be placed a minimum of seven feet behind the face of curb or edge of pavement in noncurbed areas and shall not exceed six square feet in area and shall follow the requirements of § 230-125B.

(8) Landscaping for freestanding signs. Landscaping must be provided for all freestanding signs as follows:

(a) The applicant shall provide two square feet of landscaped area for each square foot of sign area. To the maximum extent practicable, landscaping shall be situated at or near the base of the sign, but if such location is not practicable, the specific location of the required landscaping shall be subject to approval by the Township Zoning Officer.

(b) The landscaped area shall be counted as part of the district's green area and landscape requirement.

(9) Off-premises signs. All off-premises signs permitted in these districts, excepting signs for lifestyle apartments which are regulated by Subsection A(11) below, shall comply with the standards herein prescribed for on-premises signs in § 230-126.

[Amended 7-26-2021 by Ord. No. 21-321Z]

(10) Nonprofit organizations located in the Township shall be allowed temporary ground signs for promoting events. Such signs shall be limited to six square feet in size and shall be placed a minimum of seven feet behind the face of the curb or edge of pavement in noncurbed areas. Signs are limited to 15 signs throughout the Township. Such signs may not be erected earlier than 14 days prior to the event and shall be removed within two days after the event. It shall be the responsibility of the applicant to obtain permission of the property owner prior to placement of sign. Montgomery Township events are exempt.

(11) Notwithstanding any other provisions of this article related to permitted signage and sign criteria, properties developed as lifestyle apartments that do not have frontage to a public street within the LI District shall be only be permitted the following signage as conditioned below:

[Added 7-26-2021 by Ord. No. 21-321Z]

(a) One off-premises freestanding sign with a sign area not exceeding 34 square feet, and a height not exceeding 10 feet and set back a minimum of 20 feet from the edge of the road at the primary entrance. Permission from the property owner on which such off-premises sign is proposed shall be obtained in writing and supplied to the Township. Such off-premises sign may be directly illuminated, nonilluminated, or indirectly illuminated, and shall only display the name and address of the premises or complex.

(b) One on-premises freestanding sign with a sign area not exceeding 20 square feet and a height not exceeding six feet. The sign may be directly illuminated, nonilluminated, or indirectly illuminated and shall only display the name and address of the premises or complex.

(c) Signs displayed for the direction, safety, or convenience of the public, including signs which identify restrooms, parking areas, entrances or exits, freight entrances or similar directions, provided that the area of any such sign shall not exceed four square feet.

(d) Changeable copy signs are prohibited.

§ 230-128 Regional Shopping Center (RS) regulations.

[Amended 4-27-2009 by Ord. No. 09-236Z; 12-17-2012 by Ord. No. 12-266Z]

On-premises signs. In the Regional Shopping Center Zone, all on-premises signs shall be those that comply with the regulations below. As used herein, on-premises signs shall not include any signs located within the interior of any enclosed regional shopping center.

A. Parallel wall or fascia signs and awning signs.

(1) Parallel signs and signs affixed to awnings. All retail stores having one or more exterior dedicated entrances shall be permitted exterior signage that may be divided on up to four exterior walls in accordance with the table below. No individual sign shall exceed 500 square feet in area.

Gross Floor Area	Total Square Footage Allowed per Retail Store with Exterior Entrance
0 to 5,000 square feet	125 square feet
5,001 to 10,000 square feet	125 square feet plus 1 square foot for each 40 square feet over 5,000 square feet
10,001 to 25,000 square feet	250 square feet plus 1 square foot for each 60 square feet over 10,001 square feet
25,001 to 50,000 square feet	500 square feet plus 1 square foot for each 40 square feet over 25,001 square feet
Over 50,001 square feet	1,200 square feet
Over 100,000 square feet on a single-floor store	2,000 square feet

B. Freestanding signs.

(1) A regional shopping center shall be permitted to have one freestanding sign on each state road frontage advertising the businesses and events conducted in the center, provided that the area of any one side of any such sign shall not exceed the following schedule: for regional shopping centers with a gross leasable area of 800,000 square feet and over, a sign of 450 square feet maximum; for shopping centers with a gross leasable area of less than 800,000 square feet, a sign of 300 square feet maximum. Such signs shall not exceed 35 feet in height, and no such sign shall be placed closer than 25 feet to the legal right-of-way line of any street or highway abutting the area where the sign is placed.

(a) One changeable-copy sign per state street frontage shall be permitted as a part of an allowed freestanding sign. The changeable-copy area shall be limited to 150 square feet of the permitted sign area. All aspects of the changeable-copy sign shall comply with the Township's latest regulations for off-premises/billboard signs.

(2) A regional shopping center shall be permitted to have one freestanding monument sign on each entry drive on a county or local road announcing the regional shopping center, provided that the area of any one side of any such sign shall not exceed 75 square feet. Such signs shall be placed no closer than 25 feet from the legal right-of-way line of the street. No such sign shall exceed five feet in height.

(3) Directional information signs to guide shoppers shall be permitted on the premises. Such signs shall be limited to 64 square feet in area each, shall not exceed eight feet in height and shall be located a minimum of 25 feet from the existing curbline or edge of roadway of a public street. Directional information signs shall only be permitted where drive-aisles intersect with the ring-road.

(4) In no event shall the placement of any signs obstruct the line of sight of vehicular traffic.

C. Pad sites.

(1) The total area for all parallel signs and awning signs shall be calculated based on either one square foot of sign area for each foot of distance a building is set back from the curbline or edge of roadway or two square feet of sign area per linear foot of front building wall, whichever is less, with a maximum of 350 square feet shall be permitted. If the above calculation renders the allowable area to be less than 50 square feet, then an area of 50 square feet is allowed.

(a) The total permitted area may be divided among the exterior walls of the space occupied. The maximum sign area on each building wall is limited to 25% of the area of the building wall, including doors and windows, to which the sign is attached.

(b) In the case of a building situated not parallel to the roadway or with undulations, the average distance the building is set back from the curbline or edge of roadway shall be used for calculating the allowable signage area.

(c) In no event shall the placement of the sign impede the view of vehicular traffic or shall any portion of the sign overhang a pedestrian walkway or sidewalk.

(d) In the above-indicated zones, when a sign is attached to a premises occupied by more than one user, then each business shall be entitled to a total maximum sign area calculated as though each business were a freestanding premises with a maximum allowable sign area calculated as in Subsection C(1) above.

(2) Signs painted on or affixed to the inside or outside of windows shall be included in the computation of maximum size for signs if their combined area exceeds 25% of the area of the windows they occupy.

(3) Notwithstanding the foregoing, however, the total area of parallel signs and for signs affixed to awnings and any signs affixed to the inside or outside of windows may not exceed 25% of the area of the wall, including windows and door area and cornices, to which they are attached.

D. Banners and temporary signs. All banners and temporary signs shall comply with the standards specified in § 230-127, Commercial and industrial district regulations.

E. Landscaping for freestanding signs shall be as required § 230-127, Commercial and industrial district regulations.

F. Except for the aforementioned signs in this § 230-128, a regional shopping center shall not be permitted to have any other signs on the premises.

§ 230-129 (Reserved) [1]

[1] Editor's Note: Former § 230-129, Industrial park (LI) regulations, was repealed 11-12-2007 by Ord. No. 07-220Z.

§ 230-130 (Reserved) [1]

[1] Editor's Note: Former § 230-130, Special exceptions, was repealed 4-27-2009 by Ord. No. 09-236Z.

§ 230-131 Sign permits; fees.

A. Sign permits. It shall be unlawful to erect, construct or alter any sign in the Township of Montgomery without first filing with the Building Department of Montgomery Township an application, in writing, in order to obtain a formal permit and receiving such a permit.

B. Application form. An application for a permit for the erection, construction or alteration of a sign in the Township of Montgomery shall be submitted on such forms as prescribed by the Zoning Officer of Montgomery Township, and such application shall contain the full names and addresses of the applicant, the owner of the premises whereon the sign is to be erected, constructed or altered and the person or firm engaged to erect, construct or alter such sign. The application shall contain the affidavit of the owner of the premises authorizing the application and the work described herein.

C. Plans to accompany application. Applications for permits for the erection, construction or alteration of signs shall be accompanied by a site plan, drawings of the proposed work, the zoning district in which the sign is located and structural details of the sign, all of which are to be drawn to scale, and any such other details as may be required by the Zoning Officer of Montgomery Township,

D. Fees. All application fees for permits for the erection, construction or alteration of signs shall, at the time of making application, be paid to the Township in accordance with the respective fee schedule adopted by the Board of Supervisors of Montgomery Township from time to time.

§ 230-132 Special events. [1]

[Added 11-12-2007 by Ord. No. 07-220Z]

A. A special event is a temporary event which may significantly impact public or private property, extend beyond the normal use or standards allowed by Chapter 230, Zoning, and exceed normal vehicular and pedestrian traffic. It may require the need for services of the Township's Police and Fire Departments. Such events include, but are not limited to, entertainment, amusement, cultural recognition, sporting events, arts and crafts or trade shows, sidewalk sales, special seasonal events, special automobile sales/shows, fund-raising events and grand openings or other similar activities. Indoor special events in the RS District require a permit but are not limited by the number of events per year.

B. Displays and/or demonstrations held by police or emergency service organizations, Township-sponsored or recognized events when conducted on Township-owned property and customary company picnics are exempt unless a tent(s) or temporary structure(s) is erected.

C. It is the purpose of this policy to provide for the issuance of a special event permit to regulate events on public streets and outdoor use of private and public property of the Township or events that impact the public health, safety and welfare of the residents and visitors of the Township and to provide for standardized fees which may be changed from time to time by resolution, charges and procedures required to administer the permit process. At the Regional Shopping Center, indoor special events require a permit, and indoor temporary retail sales require a separate license and are not considered a special event.

D. Activities may not inhibit or block safe access by emergency responders or adversely impact access and parking required to adequately serve the facility. Proposed activities may not violate uses permitted in Chapter 230, Zoning, which regulate the subject property.

E. Permits for special events or outdoor sales shall be limited to no more than six times per calendar year. Each permit may not exceed seven days per event. Permits are not nontransferable.

F. Activities such as hot air ballooning, skydiving events, hang gliding, bungee jumping, etc., as well as carnivals, circuses, festivals, fairs, are not permitted unless the Zoning Hearing Board approves a special exception. Fireworks display, unless sponsored by the Township, are prohibited.

G. The following requirements must be met prior to the issuance of a special event or outdoor sales permit.

(1) A site plan clearly outlining the property and the proposed area where event or sales shall occur must be submitted for review.

(2) A temporary business license shall be obtained for all sales if business is not already registered in the Township.

(3) Any other required permits shall be obtained if lighting, temporary construction or sanitary facilities are proposed.

(4) All signs must be approved prior to the issuance of the permit. One temporary sign per street frontage shall be allowed.

(5) Liability insurance is required for events that are held on Township property. A copy of the insurance certificate must be submitted with the policy naming Montgomery Township as an "additional insured."

(6) For applications that include amplified music, the applicant must submit supplemental information regarding noise. No music shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.

(7) A temporary retail sales license must be obtained by all vendors or merchants prior to issuance of permit, unless vendor is already registered with the Township.

(8) If food or beverage are included in the event, provisions for appropriate recycling/trash containers must be provided. Montgomery County Health Department approval may also be required.

(9) If the event includes a tent or temporary structure, a building permit may be required prior to issuance of the permit.

(10) Upon compliance of required items above a permit may be issued.

[1] Editor's Note: Former § 230-132, Nonconforming signs; amortization, was repealed 7-23-2007 by Ord. No. 07-219Z.

§ 230-133 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: These sketches appear at the end of this chapter.