A.
Purposes. This Article is intended to promote and
maintain overall community beautification; establish reasonable time,
place and manner regulations on the exercise of free speech, without
regulating content; promote traffic safety by avoiding distractions
and sight distance obstructions; protect property values and ensure
capability with the character of neighboring existing and planned
land uses; and assist in carrying out the goals of the Pennsylvania
Outdoor Advertising Control Act, as amended.[1]
[1]
Editor's Note: See 36 P.S. § 2718.101
et seq.
B.
Permit required. A permit under this chapter shall be required for all signs except for signs meeting the requirements of § 445-60 and window signs permitted by this chapter. Only types, sizes and heights of signs that are specifically permitted by this chapter within the applicable district shall be allowed.
C.
Changes on signs. Any lawfully existing sign (including
nonconforming signs) may be painted or repaired or changed in message
without a new permit under this chapter, provided that the changes
do not increase the sign area or otherwise result in noncompliance
or an increased nonconformity with this chapter.
A.
Signs lawfully existing at the time of enactment of
this chapter which do not conform to the requirements of this chapter
shall be considered nonconforming signs. Existing nonconforming signs
may be continued to be used and may be repaired, repainted and changed
in message.
B.
Replacement. An existing lawful nonconforming sign
may be replaced within one year with a new nonconforming sign, provided
that the replacement sign meets all three of the following standards:
(1)
Is not more nonconforming in any measurement than
the previous sign (including but not limited to height and total square
feet);
(3)
In the case of an on-premises freestanding sign, does
not in any case have a maximum height of greater than 50 feet or a
maximum sign area per side of greater than 100 square feet, unless
such size of a sign is specifically permitted by this chapter.
C.
Historic signs. Signs and related canopies and awnings
that clearly have a historic character, that the applicant proves
to be of a type that previously was attached to the building or on
the site and that would not otherwise be permitted by right under
this Article of this chapter, may be reerected or recreated and placed
on a building or site if both of the following conditions are met:
(1)
The applicant proves to the written satisfaction of
the responsible City building inspectors that the sign or related
canopy or awning would not be a threat to the public safety; and
(2)
The applicant proves to the written satisfaction of
the City of Scranton Architecture, Urban Design and Historic Review
Commission[2] (or its successor City board or commission) that the sign or related canopy or awning would clearly have a historic character, clearly is of a type that previously was attached to the building or on the site and would overall improve the appearance of the building or lot. If such Commission or its successor no longer exists, then this § 445-54C shall no longer be valid.
The following signs shall be permitted by right
within all zoning districts within the following regulations and shall
not be required to have a permit under this Article.[1]
[1]
Editor's Note: The table of permitted signs is included at the end of this chapter.
A.
The following are the signs permitted on a lot within the specified districts and within the following regulations, in addition to signs not requiring a permit in § 445-60.[1] See definition of the types of signs in § 445-68.
(1)
A minimum of 10 individual retail establishments.
(2)
A conference center or theater(s) (other than an adult
theater) capable of accommodating a minimum of 200 patrons at one
time.
(3)
The sale of new automobiles manufactured by two or
more distinct corporations.
(4)
The lot includes a minimum of 300 square feet of total
frontage on a public street.
[1]
Editor's Note: The table of signs is included at the end of this chapter.
B.
Maximum height of wall and roof signs. The top part
of a wall or wall sign shall not be placed at a maximum height greater
than 10 feet above the total height of the building to which it is
attached, not including the height of elevator shafts and similar
extensions.
C.
Special sale displays and banners. Banners totaling
over 30 square feet in area (other than banners meeting the requirements
for a permitted sign), balloons of over 50 cubic feet tethered to
the ground, aerial spotlights and outdoor lasers used for commercial
purposes are permitted on a lot that includes a principal commercial
use, provided that such items are not displayed for more than 21 days
in any ninety-day period.
D.
Signs on mobile stands (portable signs).
(1)
Purpose. These standards recognize that signs on mobile
stands have been inappropriately used as permanent signs, often without
permits, without adequate wiring, with violations of setback requirements,
with violations of sign area requirements and with obstructions of
sight distance. The purpose shall be to recognize that this chapter
permits businesses sufficient sign area to erect a permanent changeable
message sign.
(2)
The definition of a "sign on a mobile stand" shall
be a freestanding sign that is not permanently attached to the ground
or permanently attached to a building and that can be carried on the
back of a flatbed truck or towed from one location to another.
(3)
Signs on a mobile stand are prohibited in all districts,
except that a new principal commercial use in the C-G or C-N District
may use one sign on a mobile stand with a maximum sign area of 35
square feet for a maximum of 60 days while a permanent permitted freestanding
sign is on order.
E.
Projecting signs. In addition to the signs permitted
by this Article, each lot in the C-D and C-N District may include
one projecting sign. Such sign shall meet all of the following requirements:
(1)
Have a maximum sign area of 10 square feet on each
of two sides, except such maximum sign area shall be 50 square feet
for a marque of a nonadult movie theater.
(2)
Not extend more than four feet from a building and
not more than four feet into a street right-of-way.
(3)
Not be internally illuminated (relief-finish wood
with metal supports are strongly recommended).
(4)
Meet the construction requirements of the City building
code, including being securely attached to the building.
Conforming and nonconforming signs advertising
a use no longer in existence (other than a sign relating to a building
that is clearly temporarily vacant and being offered to new tenants
or for purchase) shall be removed within 180 days of the cessation
of such use.
The following shall regulate the location of
signs:
A.
Public rights-of-way and sign setbacks from streets.
(1)
No sign except official signs, nameplate signs, public
service signs and directional signs shall be erected within or project
more than two feet over any existing street right-of-way, except:
(a)
If an awning or canopy that is authorized by the City to extend over a sidewalk, then a portion or all of the permitted sign area may be located on such awning or canopy (see § 445-74).
(b)
As may specifically be permitted by another
City ordinance.
(d)
For occasional banners erected across streets
when authorized by the City or PennDOT to advertise a public celebration
or charitable event.
(2)
A freestanding sign of greater than five square feet
in sign area shall be set back a minimum of five feet from the existing
right-of-way of a public street, except in the C-N and C-D Districts.
(3)
Any sign, canopy or awning shall maintain a nine-foot
minimum vertical clearance over a sidewalk. See provisions of the
City building code regarding construction of signs that intrude over
a sidewalk.
B.
Sight distance. No sign shall be so located or arranged that it interferes with the sight distance requirements of § 445-74 or safe sight distances for vehicles within a lot.
C.
Off-premises. No signs except permitted off-premises,
official, political or public service signs shall be erected on a
property to which it does not relate.
D.
Setbacks. An illuminated freestanding sign for a commercial or industrial business shall not be located within 25 feet of a residential lot line (see definition in Article II). A sign is not required to meet setback requirements for principal or accessory structures.
E.
Permission of owner. No sign shall be posted on any
property or sign pole or public utility pole, unless permission has
been received by the owner.
F.
Utility poles. No sign shall be stapled or nailed
to a utility pole, except by an authorized utility.
B.
Times of illumination. It is strongly encouraged that
signs within 200 feet of a dwelling not be illuminated between the
hours of 11:00 p.m. and 6:00 a.m.
Any vehicle or structure to which a sign is
affixed in such a manner that the carrying of such sign or signs no
longer is incidental to the primary purpose of the vehicle or structure
but becomes a primary purpose in itself shall be considered a freestanding
sign and as such shall be subject to requirements for freestanding
signs in the district in which such vehicle or structure is located.
The following signs are prohibited in all zoning
districts:
A.
Spinners, pennants or any moving object used to attract
attention to a commercial use; flags and banners of more than 20 square
feet per lot that contain a commercial message and that do not meet
the requirements for a permitted sign.
B.
Flashing, blinking, twinkling, animated or moving signs of any type, except for time and temperature signs and signs that have a nonflashing electrically changing message. This restriction specifically includes window signs, but does not prohibit Christmas lighting or displays, within § 445-60.
C.
Signs which emit smoke, visible vapors or particles,
sound or odor.
D.
Signs which contain information that states or implies
that a lot may be used for any purpose not permitted under the applicable
provisions of this chapter.
E.
Signs that are 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 (such
as prominent use of the words "danger" or "stop").
F.
Signs that use reflective materials to give the appearance
of flashing, blinking or twinkling.
G.
Signs or displays that include words or images that
are obscene or pornographic.
[Amended 3-9-2021 by Ord.
No. 50-2021]
H.
Balloons of greater than 25 cubic feet that are tethered
to the ground or a structure and are primarily intended for advertising
purposes, except as provided as a special sale sign.
See the City building code.[1] Every permanent sign permitted in this chapter shall be
constructed of durable materials and shall be kept in good condition
and repair. Any sign which becomes dilapidated or unsafe may be repaired
or removed by the City at the expense of the owner or lessee of the
property on which it is located, after providing written notice to
such owner or lessee.
A.
BUILDING SIDE OR BUILDING FACE
FREESTANDING SIGN
HEIGHT OF SIGN
ILLUMINATED SIGN, INTERNALLY
OFF-PREMISES SIGN
ROOF SIGN
SIGN
WALL SIGN
WINDOW SIGN
Sign definitions. The following definitions shall
be used in determining whether signs meet the measurement and type
requirements of this Article:
The vertical area of a particular side of a building, including
the vertical area of any roof, but not including nonstructural extensions.
This area shall be measured using a straight two-dimensional plane,
without considering any indentations in the building or angling of
the roof.
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.
The vertical distance measured from the average ground level
surrounding a sign to the highest point of the sign and its supporting
structure. Religious symbols, when not accompanied by lettering, shall
not be restricted by the sign heights of this Article when attached
to a tower or spire of a place of worship.
A sign with man-made illumination by light from within the
sign and that shines through and illuminates the sign face, as opposed
to a sign illuminated by a source in front of or shining from the
outside of the sign face.
See Article II.
A sign attached to a building and that extends above the
top of the roof of the building.
See Article II.
A sign primarily supported by or painted on a wall of a building
and which does not project more than two feet from such wall. See
the requirements of the City building code for signs that project
over sidewalks.
A sign which is readily visible and can be at least partially
read from an exterior lot line and which is attached to a window or
transparent door or that can be read through a window or transparent
door and which is not internally illuminated and that is constructed
of paper or similar nonpermanent material or is painted on the window.
Signs within windows that do not meet this definition shall be regulated
as a wall sign.
B.
Measurement of sign area.
(1)
Sign area shall include all lettering, wording and
accompanying designs and symbols, together with related background
areas on which they are displayed. One freestanding sign may include
several signs that are all attached to one structure, with the total
sign area being the total area of all signs on the structure.
(2)
The sign area shall not include any structurally supporting
framework, bracing or clearly defined wooden framing if such area
does not include any display, lettering or sign and if such area is
clearly incidental to the sign area itself. Also, cutout areas that
are open to the sky as part of a freestanding sign shall not be included
in sign area.
(3)
Where the sign consists of individual letters or symbols
attached to or painted directly on a building or window, other than
an illuminated background that is a part of the sign, the sign area
shall be the smallest rectangle or two smallest rectangles that include
all of the letters and symbols.
(4)
Two-sided signs. In computing the permitted sign area
of a sign with two sides, the permitted total sign area shall be based
upon the sign area of only one side (the larger of any two if they
differ). If the interior angle formed at the inside of a two-sided
sign is greater than 60° (other than a permitted off-premises
sign), then the total area of both sides shall not be greater than
the permitted total sign area. If a sign has more than two sides,
then the maximum sign area per side shall apply to all the sides added
together divided by two.
(5)
Unless otherwise specified, all square footages in
regards to signs are maximum sizes.
A.
Purposes. Off-premises signs are controlled by this chapter for the following purposes: to ensure that a physical environment is maintained that is attractive to desirable types of development, especially light industrial and office parks; to prevent visual pollution in the City and protect property values, especially in consideration of the fact that most commercial areas of the City are within close proximity to existing residences; to prevent glare on adjacent property and streets; to protect the open space and natural character of areas of the City planned to remain conservation areas; to avoid the creation of additional visual distractions to motorists, especially along the high-speed expressways and along busy arterial streets that involve complex turning movements, congestion and numerous traffic hazards; to recognize the numerous alternative forms of free speech available in the City, including existing nonconforming off-premises signs, on-premises signs and temporary signs and printed and electronic media; to recognize that this chapter allows every landowner a reasonable use for their land; to avoid off-premises signs that would have an unfair advantage over on-premises signs in the competition for attention, because off-premises signs typically are higher and larger than on-premises signs; to carry out the purposes listed in § 445-58.
B.
Nonconforming off-premises signs. This section is
not intended to require the removal of an existing lawfully placed
off-premises sign that is in structurally sound condition.
C.
Commercial and noncommercial. This section applies
to both commercial and noncommercial off-premises signs except as
may be specifically provided for elsewhere in this chapter.
D.
PennDOT sign. Signs erected and maintained by PennDOT
are permitted by right in all districts. Such signs that identify
business services available at an interchange are specifically encouraged
as an appropriate and orderly means of providing information without
causing visual pollution or traffic hazards.
F.
Permitted off-premises signs. Based directly on the intent statements within this chapter, off-premises signs are only permitted if they meet the following requirements, except for exempt signs under § 445-60.
(1)
District. An off-premises sign is only permitted in:
(a)
The I-G, I-L and C-G Districts; and
(b)
The C-N District if both of the following conditions
are met:
[1]
All portions of such sign are within 150 feet
of the existing right-of-way of Interstate 81, the existing right-of-way
of the North Scranton Expressway north of its intersection with North
Main Avenue or any I-G or I-L District; and
[2]
The sign does not abut and does not face East
or West Market Street, North or South Keyser Avenue or the North Scranton
Expressway south of its intersection with North Main Avenue.
(2)
Location. An off-premises sign is only permitted within
a maximum of 250 feet of an existing right-of-way of an arterial street
or expressway.
(3)
Maximum sign area: 672 square feet on each of two
attached sign faces if the entire sign would be within 250 feet of
an expressway in a permitted district other than the C-N District.
In all other permitted locations, a maximum sign area of 300 square
feet on each of two attached sign faces shall apply. Where a maximum
sign area of 300 square feet is permitted, such sign area may be divided
into four attached sign faces (such as four sign faces of 75 square
feet each).
(4)
Spacing. Any off-premises sign shall be separated
by a minimum of 400 feet from any other off-premises sign that faces
onto the same side of the same street, including existing signs in
other municipalities. In the case of signs along an expressway, such
separation distance shall only apply for signs along the same side
of the expressway.
(5)
Maximum height. The total height of the sign shall be a maximum of 40 feet above the center line of the primary street that the sign is directed towards. See definition in § 445-68.
(6)
Off-premises signs shall have a maximum of two sign faces attached to each other, except as stated in Subsection F(3) above.
(8)
Setbacks. In place of the setback requirements of Article III, an off-premises sign meet the following minimum setback requirements:
(a)
Two hundred fifty feet from a residential lot line (as defined by Article II), except 200 feet if the illumination of the sign would not be visible from the residential lot line;
(b)
Fifty feet from an existing hospital building
or nursing home building; or
(c)
Ten feet from the existing right-of-way of a
public street or any other lot line.
A.
Intent. The intent shall be to encourage designs of
signs that will be highly compatible with nearby residences and other
attractive natural features and areas.
B.
Applicability. These bonuses may apply to on-premises
signs in a commercial, industrial or institutional district.
C.
Wood. The wall or freestanding maximum sign area(s)
permitted by this Article may be increased by 20% if:
The following signs are permitted by right in
all districts, provided that they meet the following requirements.
A.
When allowed. Signs and any supporting structure (as
described in this section) are allowed for developments that have
been approved to involve either:
B.
Size and number. Signs described in this section may
have a maximum sign area of 40 square feet and a maximum height of
10 feet, except a maximum height of 15 feet may apply in a commercial
district. These signs and/or structures may be located one each a
maximum of three of the major entrances to the development from exterior
streets. This sign area may be an addition to other sign area limits
of this chapter. The signs may be attached to a brick or wooden structure
with a maximum height of 10 feet and maximum length of 20 feet, which
shall be permitted within a required front yard, provided that required
sight distance is not obstructed.
C.
Durability. Such signs shall be designed to be of
a durable construction requiring little maintenance.
D.
Message. Such signs may only include the name of the
development, the names of any uses within the development and any
logo. A phone number may only be included during sale or rental of
the development. Such signs shall not include any advertising.
E.
Landscaping. Such signs shall be attractively landscaped,
with plants and shrubs requiring minimal maintenance.
F.
Location. Such signs and structures shall be located outside of the existing and future street rights-of-way lines and shall satisfy the sight distance requirements of § 445-74.
G.
Maintenance. If such signs are intended to remain
beyond the completion of a developer's involvement in a project, the
developer shall provide an appropriate method to ensure proper maintenance
of the sign.
H.
Illumination. Such signs in a residential district
shall not be illuminated.
I.
Directional signs within a major business development.
(1)
When allowed. A directional business sign is allowed
at each intersection of two or more streets within an office, commercial
or industrial development that involves a total of 20 or more acres.
(2)
Size. Each sign may have a total square footage of
120 square feet on each of two sides. The sign shall be an orderly
single structure and may include on it the names and logos of all
the businesses located in the development, along with directional
arrows and a map.
(3)
Purpose. The signs allowed by this subsection are
to direct visitors to businesses. These signs are not intended for
routine advertising purposes.
(4)
Illumination. Such signs may be externally but not
internally illuminated.
