[Added 3-22-1976 by Ord. No. 76-356;
amended 11-8-1976 by Ord. No. 76-362; 6-12-1978 by Ord. No. 78-384; 2-12-1979 by Ord. No.
79-394; 12-31-1979 by Ord. No. 79-404; 6-16-1986 by Ord. No.
86-485; 2-22-1988 by Ord. No. 88-529; 2-26-1990 by Ord. No.
90-573; 8-12-1993 by Ord. No. 93-616; 9-28-1995 by Ord. No.
96-635; 11-6-1997 by Ord. No. 97-664; 4-9-1998 by Ord. No.
98-667; 6-19-2003 by Ord. No. 2003-728]
This article shall be known and may be cited
as the "Upper Merion Township Sign Code," hereinafter referred to
as the "Sign Code."
[Amended 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
A.Â
The purpose of this article is to promote and protect
the health, welfare and safety of the public by regulating existing
and proposed signs of all types located in the community of Upper
Merion Township. It is intended to protect property values, create
a more attractive economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic and
natural beauty and provide a more enjoyable and pleasing community.
It is further intended hereby to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by signs overhanging or projecting over
public rights-of-way, provide more visual open space and curb the
deterioration of the community's appearance and attractiveness.
B.Â
This article is intended to promote attractive signs,
which clearly present the visual message in a manner that is compatible
with their surroundings. The appearance, character and quality of
a community are affected by the location, size, construction and graphic
design of its signs. Therefore, such signs should convey their messages
clearly and simply to enhance their surroundings.
C.Â
The regulations herein are designed to prevent the
overconcentration, improper placement and excessive height, bulk,
number and area of billboards. It is recognized that, unlike on-premises
signs which are actually a part of a business, billboards are a separate
and distinct use of the public thoroughfare. Furthermore, for the
purposes of this article, billboards are considered by the Township
as an accessory to the principal use when located on the same lot.
With a view to this distinction, billboard signs are regulated differently
from on-premises signs. It is intended that billboards be located
away from view of residential areas, and that such signs be regulated
to protect the character of the area wherein billboards are located
and to conserve property values in these areas.
[Amended 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
A.Â
Having received guidance from Township planning staff
concerning the proliferation of signs in the Township of Upper Merion,
the Board of Supervisors of Upper Merion Township hereby finds that
the existence and proliferation of signs along the Township's thoroughfares,
on rooftops and sides of buildings, has increased to such a degree
that the Township is in danger from visual blight that detracts from
the appearance and orderliness of the Township, obscuring its vistas
and its neighborhoods. Furthermore, a number of signs are located
near residential areas, lending an unsightly appearance to a number
of the Township's neighborhoods and undermining the quality of life
of residents of those neighborhoods.
B.Â
More recently, having discovered the inadequacy of
the Township's existing article in allowing and regulating billboards,
the Board of Supervisors of Upper Merion Township hereby finds that
billboards may be allowed in appropriate areas, but a proliferation
of such use endangers the Township of visual blight and detracts from
the orderliness of the Township, obscuring its vistas and its neighborhoods.
Furthermore, the potential visibility of billboards from the Township's
residential areas threatens the quality of life of the residents of
those neighborhoods.
C.Â
In addition, signs are by their nature designed to
attract attention, and therefore signs placed within sight of roadways
and thoroughfares are intended to distract drivers, as well as pedestrians.
Therefore, traffic safety can only be furthered by reasonable and
appropriate limitations upon signs in the Township of Upper Merion,
which, as a highly commercialized community, includes a number of
heavily traveled roads and thoroughfares.
D.Â
Having conducted research and field studies by the
Township planning staff, the following article was created to also
allow the display of billboards, under specified conditions, within
Upper Merion Township in a way that supports the intent described
in this article, without being arbitrary or overly restrictive in
nature.
E.Â
Off-site signs and billboards, with their periodically
changing content, present special aesthetic and traffic safety problems,
and commercial signs constitute the overwhelming proportion of all
off-site signs. In addition, owners of businesses have a unique interest
in advertising the activities on the premises of their businesses,
to which weight must be given. Similarly, because noncommercial permanent
signs constitute a negligible proportion of the signs in the Township
and equitable treatment of such signs has been the subject of judicial
concern, it would be inappropriate and misguided to be overly restrictive
and prohibit such signs merely because other signs have been prohibited:
Where such signs pose the additional problem of being rooftop, flashing,
rotating or animated signs, they will be appropriately regulated.
F.Â
Therefore, pursuant to the general police and zoning
powers conferred on the Township by the General Assembly, and with
due deference to the constitutional rights of individuals and businesses
living and operating within the geographical boundaries of the Township,
the Board of Supervisors for Upper Merion Township hereby enacts this
article placing new restrictions upon the display of signs within
the Township.
Unless otherwise expressly stated, the definitions set forth in § 165-5 of the Upper Merion Township Zoning Code, Ordinance No.15, as amended, are hereby incorporated by reference. In addition, the following words and phrases shall be construed throughout this article to have the meanings indicated below:
A sign structure that has ceased to be used, and the owner
intends no longer to have used, for the display of sign copy, or as
otherwise defined by state law.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this code, include the following types:
Electrically activated. Animated signs producing
the illusion of movement by means of electronic, electrical or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
Flashing. Animated signs or animated portions
of signs whose illumination is characterized by a repetitive cycle
in which the period of illumination is either the same as or less
than the period of nonillumination.
Patterned illusionary movement. Animated signs
or animated portions of signs whose illumination is characterized
by simulated movement through alternate or sequential activation of
various illuminated elements for the purpose of producing repetitive
light patterns designed to appear in some form of constant motion.
Environmentally activated. Animated signs or
devices motivated by wind, thermal changes or other natural environmental
input. Includes spinners, pinwheels, pennant strings, and/or other
devices or displays that respond to naturally occurring external motivation.
Mechanically activated. Animated signs characterized
by repetitive motion and/or rotation activated by a mechanical system
powered by electric motors or other mechanically induced means.
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not include signs as defined herein. See also "awning," "back-lit
awning," and "canopy, attached and freestanding."
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also, "wall" or "fascia sign."
An awning with a translucent covering material and a source
of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A sign which has a sign area larger than 50 square feet and
which directs attention to a business, commodity, service, entertainment,
facility or other subject matter not located, conducted, sold or offered
upon the premises where such sign is located or which calls public
attention to a candidate, cause, public issue or other such subject
matter and which may be either freestanding or mounted upon the roof
or wall of a building.
[Amended 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of the building.
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See
also "marquee."
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or
freestanding canopy. For reference.
A sign with the capability of content change by means of
manual or remote input, including signs which are: manually activated
(changeable sign whose message copy or content can be changed manually)
and electrically activated (changeable sign whose message copy or
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface). Illumination may be integral to the components,
such as characterized by lamps or other light-emitting devices; or
it may be from an external light source designed to reflect off the
changeable component display. See also "electronic message sign or
center."
The Code of Upper Merion Township, as amended.
The Code Enforcement Officer or his duly authorized representative
of the Upper Merion Township, who is charged hereby with the enforcement
and administration of this article.
A sign that is supported partly by a pole and partly by a
building structure.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center, planned industrial park, which is controlled
by a single owner or landlord, or a residential subdivision, apartment,
condominium or development.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign with two faces, back to back.
Any sign activated or illuminated by means of electrical
energy.
An electrically activated changeable sign whose variable
message capability can be electronically programmed.
Any sign placed outside a building.
See "building elevation."
See "wall sign."
See "animated sign, electrically activated."
A sign principally supported by a structure affixed to the
ground, and not supported by a building, including signs supported
by one or more columns, poles or braces placed in or upon the ground.
The linear footage of building face which serves as the principal
approach to a building and which building face fronts upon a public
street, a shopping center driveway, parking area or pedestrian mall
or walkway.
For corner lots, such footage may be calculated
separately for the principal approach and one adjacent face if such
face also fronts on a public street, a shopping center driveway, public
parking area, pedestrian mall or public walkway.
Building frontage shall be calculated as the
perpendicular distance between any two parallel lines, both of which
touch the building.
See "freestanding sign."
A sign characterized by the use of artificial light, either
projecting through its surface {s) {internally illuminated) or reflecting
off its surface{s) (externally illuminated).
Any sign placed within a building, but not including window
signs as defined by this article. Interior signs, with the exception
of window signs as defined, are not regulated by this article.
Any combination of lights, attached to a building which forms
a continuous line of light such as neon, or individual strings or
series of lights.
Includes any lot, premises, building, wall or any structure
whatsoever upon which a sign is erected, constructed, painted or maintained.
An inclined decorative roof-like projection that is attached
to an exterior building facade.
See "canopy (attached)."
See "canopy sign."
A freestanding sign oriented to the drive-through lane for
a restaurant that advertises the menu items available from the drive-through
window, and which has no more than 20% of the total area for such
a sign utilized for business identification.
A sign containing three or more faces.
See "outdoor advertising sign."
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
The extension of a building facade above the line of the
structural roof.
Includes any nongovernmental agent, lessee, individual, firm,
partnership, association, corporation, company or organization of
any kind capable of being sued.
See "freestanding sign."
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
Any sign not permanently attached to the ground or to a building
or building surface.
A sign other than a wall sign that is attached to or projects
more than 18 inches (457 mm) from a building face or wall or from
a structure whose primary purpose is other than the support of a sign.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign that revolves 360° about an axis. See also, "Animated
sign, mechanically activated."
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered to be roof signs.
Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic presentation
of alphabetic, numeric or pictorial symbols or n representations.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face. The area of any double-faced or V-shaped sign shall be the area
of the largest single face only. The area of a sphere shall be computed
as the area of a circle. The area of all other multiple-sided signs
shall be computed as 50% of the sum of the area of all faces of the
sign.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
In the case of panel or cabinet type signs,
the sign face shall include the entire area of the sign panel, cabinet
or face substrate upon which the sign copy is displayed or illustrated,
but not open space between separate panels or cabinets.
In the case of sign structures with routed areas
of sign copy, the sign face shall include the entire area of the surface
that is routed, except where interrupted by a reveal, border, or a
contrasting surface or color.
In the case of signs painted on a building,
or individual letters or graphic elements affixed to a building or
structure, the sign face shall comprise the sum of the geometric figures
or combination of regular geometric figures drawn closest to the edge
of the letters or separate graphic elements comprising the sign copy,
but not the open space between separate groupings of sign copy on
the same building or structure.
In the case of sign copy enclosed within a painted
or illuminated border, or displayed on a background contrasting in
color with the color of the building or structure, the sign face shall
comprise the area within the contrasting background, or within the
entire painted or illuminated border.
In the case of backlit signs, the sign face
shall comprise the illuminated area.
The height at which the structural bearing wall
of the structural bearing steel of concrete beams or columns behind
a nonbearing wall support the roof load.
In the case of a gable end wall or a building
end wall which does not support a roof load, the sign height line
shall be the height of a straight line which shall be drawn so as
to connect the top of the structural bearing walls or structural beams
or columns (where such walls, beams or columns support the roof load)
of the two adjacent walls.
Any structure supporting a sign.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
The Upper Merion Township and any duly elected or appointed
public official, or employee, of the Upper Merion Township authorized
to enforce the provisions of this article.
Legal counsel appointed by the Board of Supervisors for Upper
Merion Township.
A sign attached to the underside of a canopy or marquee.
Signs containing two faces of approximately equal size, erected
upon common or separate structures, positioned in a V shape with an
interior angle between faces of not more than 45° with the distance
between the sign faces not exceeding five feet (1524 mm) at their
closest point.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than 18 inches
(457 mm) from the building or structure wall, including signs affixed
to architectural projections from a building provided the copy area
of such signs remains on a parallel plane to the face of the building
facade or to the face or faces of the architectural projection to
which it is affixed.
A sign affixed to the interior or exterior surface of a window
with its message intended to be visible to and readable from the public
way or from adjacent property.
A.Â
Erection of signs. No sign shall be erected or maintained
in the Upper Merion Township except those that are in conformity with
the provisions of this article and the provisions of any other article,
ordinance section, or regulation lawfully enacted by the Upper Merion
Township.
B.Â
Placement of signs. All signs shall be placed with
regard to the public safety and shall be governed by the following
regulations:
(1)Â
No sign shall be erected or maintained so as
to prevent free ingress and egress to or from any door, window or
fire escape.
(2)Â
Only instructional design and certification
signs shall be attached to a standpipe or fire escape.
(3)Â
Any business sign must maintain a setback distance
from an adjacent residential district as required under this Zoning
Code for other business or commercial structures or buildings.
(4)Â
Signs shall not be placed within the sight triangle
of any intersection or driveway.
(5)Â
No signs, except for public transit signs, whether
permanent or temporary, may be placed upon or attached to utility
poles or traffic light standards.
(6)Â
Signs in rights-of-way. No sign other than an
official traffic sign or similar sign shall be erected within two
feet (610 mm) of the lines of any street right-of way, or within any
public way, unless specifically authorized by other ordinances or
regulations of Upper Merion Township or by specific authorization
of the Zoning Official.
(7)Â
Projections over public ways. Signs projecting
over public walkways shall be permitted to do so only subject to the
projection and clearance limits either defined herein or, if not so
defined, at a minimum height of eight feet (2,438 mm) from grade level
to the bottom of the sign. Signs, architectural projections or sign
structures projecting over vehicular access areas must conform to
the minimum height clearance limitations imposed by the jurisdiction
for such structures.
C.Â
Floodlighting shall be so shielded that the source
of the light shall not be visible from any point off the lot on which
the sign is erected and that only the sign is directly illuminated
thereby.
D.Â
Permit required. It shall be unlawful for any person to erect, alter, relocate or remove any display within the Upper Merion Township or any sign or other advertising device as defined in this article without first obtaining a permit from the Township and paying the fees as required by § 165-166, Permit required; fees, set forth in this article, unless expressly exempted from the provisions of this article. Failure to obtain a permit for the erection of any sign as required herein shall be a violation of this article and subject the violator and the landowner upon which the sign is erected to the violations and penalties as set forth in § 165-177, Violations and penalties; fines, of this article.
E.Â
Zoning, Building and Electrical Code provisions and
restrictions. The erection of all signs shall be subject to all applicable
Township Zoning Ordinance restrictions, as well as Building and Electrical
Code requirements adopted as part of the Code and as hereafter amended.[1] Whenever a conflict exists between this article and other
laws, ordinances or regulations of the Commonwealth and the Township,
the most restrictive shall control; provided, however, that nothing
herein shall prohibit signs otherwise in compliance with this article
at any location lawfully devoted to a nonconforming use.
[1]
Editor's Note: See Ch. 67, Building Construction,
and Ch. 79, Electrical Standards, respectively.
F.Â
Identification. All signs hereafter erected, constructed
or maintained must be plainly and permanently marked with the name
of the person erecting, constructing or maintaining said sign.
G.Â
Existing signs. All existing signs constructed or
erected prior to the date when this article becomes effective shall
comply with and be subject to all of the provisions of this article
with respect to inspections, maintenance, safety and fees upon the
passage of this article.
H.Â
Liability of lessee or tenant. Any person occupying
any vacant lot or premises by means of a ground sign or billboard,
for which a permit is required, shall be subject to the same duties
and responsibilities as the owner of the lot or premises with respect
to keeping the same clean, sanitary, inoffensive and free and clear
of all obnoxious substances and unsightly conditions on the ground
in the vicinity of such ground sign or said premises for which he
or she may lease.
I.Â
Maintenance. The owner of any sign, as defined and
regulated by this article, shall properly paint and maintain the sign
in good working condition, as applicable to the type of structure
or sign.
J.Â
All applications for permits pursuant to any provision
of this article shall be granted or denied within 30 days of the filing
of a completed application with the Township in the form approved
and deemed by the Township. Decisions upon such applications shall
be non-discretionary, based solely upon compliance with the explicit
terms of this article and other applicable law. Appeals of denials
of applications by the Township may be filed with the Zoning Hearing
Board for Upper Merion Township within the time limits and in such
form as required by the Zoning Hearing Board.
K.Â
Obsolete sign copy. Any sign copy that no longer advertises
or identifies a use conducted on the property on which said sign is
erected must have the sign copy covered or removed within 30 days
after written notification from the municipal zoning official; and
upon failure to comply with such notice, the Zoning Official is hereby
authorized to cause removal of such sign copy, and any expense incident
thereto shall be paid by the owner of the building, structure or ground
on which the sign is located.
A.Â
Unless specifically exempt from the provisions of
this article, no sign shall be erected or structurally altered by
any person except as prescribed in this article and until a permit
has been issued by the Township. No permit shall be granted until
after an application, on forms prescribed and furnished by the Township,
has been filed with and approved by the Township, nor until the prescribed
fee for each such permit shall have been paid to the Township. All
permit fees are fixed and shall be paid on a per-sign basis in accordance
with the fee schedule adopted by the Township.[1]
B.Â
In addition to the requirements in Subsection A herein above, before any permit for the erection, alteration, or modification of a sign or sign structure requiring such a permit is granted, the applicant shall file with the Township such construction documents showing the dimensions, materials and required details of construction including, but not limited to, loads, stresses, anchorage and any other pertinent data. The permit shall also be accompanied by engineering calculations signed and sealed by a registered design professional where required by the Upper Merion Township Code.
C.Â
No sign shall be erected, constructed or maintained,
nor shall any permit be issued or application therefor approved, unless
there shall be attached to and made a part of such application the
consent, in writing, of the owner or the duly authorized agent of
the owner of the premises on which or to which the sign is proposed
to be installed, erected, painted, constructed or maintained.
D.Â
All signs for which a permit has been issued shall
be completely constructed within six months after the date of the
issuance of the permit, except upon written request to the Township,
one extension may be granted for an additional three-month period.
E.Â
No sign shall be structurally altered, enlarged or
relocated except in conformity with the provisions herein, including
the requirement to obtain a proper permit, if required. Changes, repairs,
or maintenance to movable parts or components of a previously approved
sign that is designed for such changes, or changes to the copy, business
name, lettering, sign face, colors, display or graphics matter, or
the content of any sign shall not be deemed a structural alteration
to a sign.
F.Â
Any exemption from the requirement to obtain a permit
for the erection, alteration, or modification of a sign shall not
relieve the owner of the sign or the owner of the property on which
the sign is situated from responsibility for erection and maintenance
of the sign in a safe manner and in accordance with all other provisions
of this article.
G.Â
Permit fees to erect, alter, or relocate a sign shall
be in accordance with the fee schedule adopted by Board of Supervisors
for Upper Merion Township. The fee schedule may be modified from time
to time, as the Board of Supervisors deems appropriate. Applications
filed prior to the adoption of a new fee schedule shall be required
to pay fees in accordance with the fee schedule then in effect at
the time of filing; provided however, if the applicant modifies a
previously submitted application after the adoption of a new fee schedule,
the applicant shall be required to pay fees in accordance with the
new fee schedule.[2]
A.Â
The following types of signs shall be permitted on
single-family lots in the AG, R-1A, R-1, R-2, R-2A, R-2,R-3, R-3A,
R-3B and U-R Zoning Districts as well as in any other areas where
the uses permitted in these districts are located:
(1)Â
One professional, accessory use or name sign
indicating the name, profession or activity of the occupant of the
residence, not exceeding one square foot.
(2)Â
One identification sign or bulletin board of
a school, college, church, hospital, sanitarium, municipal building,
farm, estate, club or any permitted use other than a dwelling, not
exceeding 24 square feet in area.
(3)Â
In AG Districts, one business sign advertising
the sale of farm products on the premises, not to exceed 15 square
feet in area.
B.Â
The following types of signs shall be permitted in
developments in the R-3, R-3A, R-3B, G and HR Zoning Districts as
well as in any other areas where the uses permitted in these districts
are located:
(1)Â
One entrance sign to identify the name of the
project or development on the site shall be permitted at each vehicular
entrance to the property, such signs not to exceed 25 square feet
in area.
(2)Â
Signs erected off the public right-of-way for
the convenience or safety of the public while on the subject's private
property, containing no advertising, not to exceed four square feet
in area per sign.
A.Â
Business signs are permitted in the C-O, NC, LC, GC,
SC, ARE, AR-1, SM, SM-1, LI and HI Zoning Districts, subject to the
following:
[Amended 3-26-2015 by Ord. No. 2015-837]
(1)Â
The maximum total sign area shall be two square
feet for every one linear foot of building frontage, with a maximum
area of 200 square feet. For shopping centers, industrial parks and
other multiple occupancy nonresidential buildings, the building face
or wall shall be calculated separately for each separate occupancy.
(2)Â
For buildings facing more than one street, an
additional one square foot of sign area shall be permitted for every
one linear foot of building frontage on the additional side, with
a maximum additional sign area of 100 square feet.
(3)Â
The sign area calculated for each frontage shall
be erected on that frontage only and shall not be increased by the
sign area calculated for another frontage.
(4)Â
The total sign area as computed under the formulas
set forth above may be distributed by the applicant in any percentage
among ground signs, wall signs, canopy signs, awning signs, projecting
signs, light bands and roof signs where such signs are permitted,
provided that if a roof sign is permitted, not more than 50% of the
total permitted sign area may be allocated to such roof sign.
B.Â
Height of business signs. Except as set forth below,
business signs may not project above the sign height line. In the
following districts, business signs shall be permitted to extend above
the sign height line of the building, but in no case may such signs
extend above the top of the parapet wall upon which any such sign
is mounted, the roof which is immediately adjacent to the wall upon
which the sign is mounted or the roofline of a gable-roofed building:
C.Â
Wall signs. Wall signs shall either be applied or
attached approximately parallel to the wall of a building, not extending
therefrom more than 18 inches.
D.Â
Roof signs.
(1)Â
Signs extending above the sign height line shall
be permitted in the AR and AR-1 Administrative and. Research Districts
and in the SM and SM-1 Suburban Metropolitan Districts.
(2)Â
Such signs must be manufactured in such a way
that they appear to be architecturally finished in such manner that
the visual appearance from all sides is such that they appear to be
a part of the building structure rather than something suspended from
or standing on the building. They shall be installed or erected in
such a manner that there shall be no visible angle and support structures.
(3)Â
All roof signs must be set back a distance of
at least four feet from all outside walls of the building on or over
which they are located.
(4)Â
All such signs shall comply with the height
requirements of this Zoning Code for the district in which they are
located.
E.Â
Canopy and marquee signs.
(1)Â
The permanently affixed copy area of canopy
or marquee signs shall not exceed an area equal to 25% of the face
area of the canopy, marquee or architectural projection upon which
such sign is affixed or applied.
(2)Â
Graphic striping, patterns or color bands on
the face of a building, canopy, marquee or architectural projection
shall not be included in the computation of sign copy area.
F.Â
Awning signs.
(1)Â
The copy area of awning signs shall not exceed
an area equal to 25% of the background area of the awning
(2)Â
Neither the background color of an awning, nor
any graphic treatment or embellishment thereto such as striping, patterns
or valances, shall be included in the computation of sign copy area.
G.Â
Projecting signs.
(1)Â
Projecting signs shall be permitted in lieu
of freestanding signage on any street frontage limited to one sign
per occupancy along any street frontage with public entrance to such
an occupancy, except that no such sign shall exceed an area of 25
square feet.
(2)Â
No such sign shall extend vertically above the
sign height line of the building facade upon which it is mounted.
(3)Â
Such signs shall not extend over a sidewalk
in excess of the width of the sidewalk.
(4)Â
Such signs shall maintain a clear vertical distance
above any sidewalk a minimum of eight feet.
H.Â
Under canopy signs.
I.Â
Window signs. Window signs shall be permitted for
any nonresidential use subject to the following limitations. The aggregate
area of all such signs shall not exceed 20% of the window area on
which such signs are displayed. Window panels separated by muntins
or mullions shall be considered as one continuous window area.
J.Â
Menu boards. Menu board signs shall not be permitted
to exceed 50 square feet (4.6 m2).
K.Â
Ground or freestanding signs. A ground or freestanding
sign shall be permitted in the CO, NC, LC, GC, AR, AR-1, SM, SM-1,
LI and HI Districts, subject to the following regulations:
[Amended 3-26-2015 by Ord. No. 2015-837]
(1)Â
The overall height of such signs shall not exceed
15 feet.
(2)Â
Whenever such signs are to be located within
15 feet of the curbline or the edge of the paved road, said signs
shall have a minimum vertical clearance of eight feet.
(4)Â
On multibuilding lots of five acres or more in nonresidential zoning districts, one ground sign identifying the property as a whole, not to exceed 50 square feet, shall be permitted at each entranceway to the property from a primary arterial, arterial or primary collector road with a maximum of two such ground signs permitted for any one lot, provided that only one such sign shall be permitted on any one road. In addition, one ground sign per individual building situated within that multibuilding lot shall be permitted at the pedestrian entrance to the building or the driveway entrance servicing the parking area of the building. The size of the ground signs permitted within a multibuilding lot at the pedestrian entrance of an individual building or the driveway entrance servicing the parking area of an individual building shall be determined by Subsection K(3) above. The lot size for each individual lot shall be determined by the following formula:
|
Individual building square footage
Total building square footage of the lot
|
Individual building
x Total lot area = lot size for signage
purposes
|
L.Â
Multiple directory signs. A sign listing the names
of various industrial, commercial or business establishments within
a defined contiguous area as determined by the Building Official,
to be erected primarily as a service to the motoring or pedestrian
public, shall be permitted in HR, AR, AR-1, SM, SM-1, LI and HI Zoning
Districts, subject to the following regulations:
(1)Â
Such signs shall be ground signs only, and one
such sign shall be located at the main point of ingress and egress
to the area served by the sign and located on one of the properties
serviced by this sign.
(2)Â
Individual spaces to indicate the name and location
of each industry or enterprise within the area, including the name
of the area if being developed as a single unit, may be provided on
such sign, provided that each such space shall not exceed three square
feet in area, and further provided that the total sign area shall
not exceed 36 square feet.
M.Â
Additional signs in SC Shopping Center Districts.
In addition to the signs mentioned above, in SC Shopping Center Districts
the following additional signs may be erected.
(1)Â
One entrance sign identifying the shopping center
at each vehicular entrance from a public street, provided that:
(a)Â
The overall height of all such entrance signs
shall not be more than 35 feet in height.
(b)Â
Total area of such signs shall not exceed 100
square feet.
(c)Â
The spacing of such signs with reference to
each other shall not be less than 400 feet, measured in a single straight
line.
(d)Â
The location of such signs shall be as shown
on the approved development plan, as required; however, there may
not be more than three such signs for any one shopping center.
(2)Â
Pedestrian directory signs listing the names
of commercial or business establishments within the vicinity shall
be permitted in any area used solely by pedestrians, provided that
such signs may not exceed 15 square feet in area.
(3)Â
Regional shopping center signs. In a regional shopping center, as defined in § 165-5, the following signage shall be permitted in addition to signage permitted by § 165-167:
(a)Â
Driveway/entrance signs. At each driveway or
vehicular entrance from a public street, one sign shall be permitted
that is not larger than 20 square feet in area and no greater than
10 feet in height.
(b)Â
Pedestrian directory signs. The names of commercial
or business establishments within the site or vicinity shall be permitted
on a sign in any location within a regional shopping center which
is used solely for pedestrian traffic; however, such sign or signs
shall not exceed 15 square feet each in area.
(c)Â
Perimeter identification signs. Along the perimeter
highways or property lines of a regional shopping center, identification
signs shall be permitted which shall be no taller than 35 feet in
height and no greater than 350 square feet in area. No perimeter identification
sign shall be placed closer than 1,000 linear feet to another such
perimeter identification sign, and no more than three such signs shall
be permitted for each such regional shopping center usage.
(d)Â
Building signs. Within a regional shopping center, wall signs or business signs, as defined in § 165-168, not to exceed 300 square feet in area, shall be permitted with the following modification: one building or wall sign shall be permitted for each face of a building, provided that no more than three such signs shall be permitted on any one building.
(4)Â
The following signs are prohibited in shopping
centers: sandwich boards.
N.Â
Directional signs. Directional or informational signs
of a public or quasipublic nature for the purpose of stating the name
or location of a hospital, community center, school, church, nonprofit
or charitable organization, park, etc., or the name and place of meeting
of an official civic or service body may be permitted in any zoning
district. Such signs shall not exceed six square feet in area.
O.Â
Special signs. When the architectural design of a
building is integral with the sign composition to such a degree that
normal standards cannot be applied with practicality, such a sign
shall be deemed a special sign and may be permitted when authorized
as a special exception by the Zoning Hearing Board, upon the following
conditions:
(2)Â
Such sign shall form an integral part of the
structural or decorative facade of a building wall to such an extent
as to render impractical the measurement or placement of sign area
as defined herein; however, such signs may not be placed on an decorative
facade where the purpose appears primarily to increase the permitted
height of a sign above the sign height line of the building.
P.Â
Off-site signs. An outdoor sign which advertises or directs the public's attention to a business commodity, service, place, entertainment or activity not conducted, sold offered or located on the same premises with such sign shall be permitted in C-1, C-2 and C-3 Commercial Districts and shall comply with the provisions of § 165-168K, Ground or freestanding signs.
Q.Â
R.Â
Light bands.
(1)Â
Light bands shall be permitted on buildings
in the NC, LC, GC, SC, AR, AR-1, SM and SM-1 Districts.
[Amended 3-26-2015 by Ord. No. 2015-837]
(2)Â
The area of a light band shall be included in
the total allowable sign area. The area of a light band shall be calculated
as the length times the physical width. The width shall be calculated
as not less than two inches.
[Added 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
Billboards shall be allowed only upon grant
of a conditional use by the Board of Supervisors, and shall only be
allowed in an overlay which covers the area of land within 200 feet
of the I-276 (Pennsylvania Turnpike) right-of-way line. The conditional
use shall be allowed subject to the following regulations:
A.Â
Billboard size. A maximum of two sides are allowed
per billboard. The sign area of a billboard in the overlay district
shall not exceed 336 square feet on each of not more than two sides
of the sign.
B.Â
Height. The highest portion of a billboard shall not
exceed 40 feet in height measured from the elevation of the grade
of I-276 (Pennsylvania Turnpike). The "elevation of the grade" is
defined as the point on the center line of the road which is perpendicular
to the billboard location.
C.Â
Sign face material. Billboards shall use vinyl wrap
or a material of equivalent durability to display the sign copy.
D.Â
Illumination and animation. Illumination of billboards
shall be allowed based upon the following standards:
(1)Â
The billboard and the lighting thereof shall
be effectively shielded so as to prevent beams or rays of light from
being directed at a portion of the traveled ways of the interstate
or primary systems, and shall not be of such intensity or brilliance
as to cause glare or impair the vision of the driver of a vehicle,
or which interferes with a driver's operation of a motor vehicle.
(2)Â
The billboard shall not be so illuminated that
it interferes with the effectiveness of or obscures an official traffic
sign, device, or signal.
(4)Â
Any billboard which contains, includes or is
illuminated by a flashing, intermittent or moving light or lights,
or is animated as defined by this article, shall be prohibited.
E.Â
Separation. The location of each billboard shall comply
with the following separation requirements:
(1)Â
At least a one-thousand-five-hundred-foot radius
from any other billboard,
(2)Â
At least 500 feet from any residential zoning
district, including those of a neighboring municipality.
(3)Â
No billboard may be erected adjacent to or within
500 feet of an interchange or safety rest area, measured along the
interstate or limited access primary from the beginning or ending
of pavement widening at the exit from or entrance to the main traveled
way.
F.Â
Obstruction. No billboard shall overhang a public
or private right-of-way nor shall it interfere with a two-hundred-foot
line of sight in any direction at an intersection.
A.Â
Real estate signs. Real estate signs shall be permitted
in all zoning districts, subject to the following limitations:
(1)Â
Real estate signs located on a single residential
lot shall be limited to one sign, not greater than four feet in height
and four square feet in area.
(2)Â
Real estate signs advertising the sale of lots
located within a subdivision shall be limited to one sign per entrance
to the subdivision, and each sign shall be no greater than 25 square
feet in area nor 10 feet in height. All signs permitted under this
section shall be removed within 10 days after sale of the last original
lot.
(3)Â
Real estate signs advertising the sale or lease
of space within commercial or industrial buildings shall be no greater
than 25 square feet in area nor 10 feet in height, and shall be limited
to one sign per street front.
(4)Â
Real estate signs advertising the sale or lease
of vacant commercial or industrial land shall be limited to one sign
per street front, and each sign shall be no greater than 10 feet in
height, and 25 square feet.
(5)Â
Real estate signs shall be removed not later
than 10 days after execution of a lease agreement in the event of
a lease, or the closing of the sale in the event of a purchase.
B.Â
Development and construction signs. Signs temporarily
erected during construction to inform the public of the developer,
contractors, architects, engineers, the nature of the project or anticipated
completion dates, shall be permitted in all zoning districts, subject
to the following limitations:
(1)Â
Such signs on a single residential lot shall
be limited to one sign not greater than four feet in height and four
square feet in area.
(2)Â
Such signs for a residential subdivision or
multiple residential lots shall be limited to one sign at each entrance
to the subdivision or on one of the lots to be built upon, and shall
be no greater than 10 feet in height and 25 square feet in area.
(3)Â
Such signs for nonresidential uses in residential
districts shall be limited to one sign, and shall be no greater than
10 feet in height and 25 square feet in area.
(4)Â
Such signs for commercial or industrial projects
shall be limited to one sign per street front, not to exceed 10 feet
in height and 25 square feet in area.
(5)Â
Development and construction signs may not be
displayed until after the issuance of construction permits by the
building official, and must be removed not later than 24 hours following
issuance of an occupancy permit for all or any portion of the project.
C.Â
Special promotions, event and grand opening signs.
Signs temporarily displayed to advertise special promotions, events,
grand openings and going-out-of-business sales shall be permitted
subject to the following limitations:
(1)Â
Such signs shall be limited to one sign per
street front.
(2)Â
Such signs may be displayed for not more than
30 consecutive days in any three-month period, and not more than 60
days in any calendar year. The signs shall be erected no more than
five days prior to the event or grand opening, and shall be removed
not more than one day after the event or grand opening.
(3)Â
Signs shall be subject to the payment of an
escrow, as may be established by the Board of Supervisors, to guarantee
removal of the signs. If signs are not removed within the time period
specified, the escrow deposit shall be forfeited, and such signs shall
be removed at the direction of the Township Zoning Official.
D.Â
Special event signs in public ways. Signs advertising
a special community event shall be permitted to be erected in or over
public rights-of -way, subject to the following:
(1)Â
Such signs shall be limited to 15 temporary
directional signs, not to exceed four square feet in area, within
the Township. Such signs shall be for the purpose of directing the
public to a specific location within the Township only.
(2)Â
Such signs may be displayed for not more than
30 consecutive days and shall be nonrenewable. The signs shall be
removed not more than 30 days after the issuance of the permit. A
separate permit shall be required for each specific event.
(3)Â
Signs shall be subject to the payment of an
escrow, as may be established by the Board of Supervisors, to guarantee
removal of the signs. If signs are not removed within the time period
specified, the escrow deposit shall be forfeited, and such signs shall
be removed at the direction of the Township Zoning Official. All signs
shall contain the permit number and expiration date.
E.Â
Portable signs. Portable signs shall be permitted
only in the Commercial and Industrial districts subject to the following
limitations:
F.Â
Political signs. Political signs shall be permitted
in all zoning districts, subject to the following limitations:
(1)Â
Such signs for election candidates or ballot
propositions shall be displayed only for a period of 60 days preceding
the election and shall be removed within 10 days after the election,
provided that signs promoting successful candidates or ballot propositions
in a primary or general election may remain displayed until not more
than 10 days after the primary or general election.
(2)Â
Such signs shall not be placed in any public
right-of- way or obstruct traffic visibility.
(3)Â
Signs shall be subject to the payment of an
escrow, as may be established by the Board of Supervisors, to guarantee
removal of the signs. If signs are not removed within the time period
specified, the escrow deposit shall be forfeited, and such signs shall
be removed at the direction of the Township Zoning Official.
A.Â
The provisions and regulations of this article shall not apply to the following signs, provided that such signs shall be properly secured and shall be subject to § 165-172, Prohibited signs, § 165-171, Unlawful signs, § 165-174, Abandoned signs, § 165-176, Construction and maintenance of signs; § 165-177, Violations and penalties; fines as set forth in this article.
(1)Â
Official federal, state or municipal signs erected
within Upper Merion Township.
(2)Â
The trade names, emblems or directions on service
facilities or product dispensers, including but not limited to gasoline
pumps, telephone booths and vending machines, as long as such trade
name, emblem or single group of words or symbols is not greater than
three square feet in area.
(3)Â
Bus shelter signs on public rights-of-way pursuant
to agreement with the Township.
(4)Â
Official notices authorized by a court, public
body or public safety official.
(5)Â
Directional, warning or information signs authorized
by federal, state or municipal governments.
(6)Â
Memorial plaques, building identification signs
and building cornerstones when cut or carved into a masonry surface
or when made of noncombustible material and made an integral part
of the building or structure.
(7)Â
Religious symbols and seasonal decorations within
the appropriate public holiday season.
(8)Â
Works of fine art displayed in conjunction with
a commercial enterprise where the enterprise does not receive direct
commercial gain.
(9)Â
The flag of the United States of America, Commonwealth
of Pennsylvania, Montgomery County, Upper Merion Township, or a noncommercial
institution, such as a school.
(10)Â
Flags bearing a corporate or company name and/
or insignia shall be permitted to be flown on the property where the
company is located, provided that such flag must be flown in conjunction
with the flag of the United States and provided that such corporate
or company flag shall not exceed in size 75% of the United States
flag with which it is displayed. No other advertising shall be permitted
on such flags. In the event that a flagpole is attached to a building,
such flagpole shall not extend above the sign height line of such
building except where such pole is used exclusively for the display
of the United States flag.
(11)Â
Trespassing signs indicating private ownership
of a driveway or property not to exceed one square foot in size.
(12)Â
Signs announcing garage and yard sales not exceeding
two square feet, provided they are not attached to utility poles and
removed within two days after the event.
(13)Â
Signs for public transit or signs affixed to
bus shelters as approved by the Board of Supervisors.
(14)Â
Identification signs.
(a)Â
One identification sign for the purpose of identifying
the occupant of a residence: the name of the property or the address
of the property shall be permitted in all districts. Such signs shall
not exceed one square foot in area.
(b)Â
One identification sign for the purpose of identifying
the name and/or address of a property or the address of the property
shall be permitted for nonresidential uses and multifamily residential
uses in all districts. Such signs shall not exceed six square feet
in area.
(15)Â
Historic identification signs.
A.Â
Any outdoor sign erected, constructed or maintained
not in compliance with the provisions of this article shall be considered
an unlawful sign.
B.Â
The Township shall notify the person who maintains
any such unlawful sign, by first class mail, to correct specified
violations or omissions so as to comply with this article or to remove
such sign within a time designated by the Township. Failure to comply
with such notice is in violation of this article. Failure to remove
such sign within the time prescribed in the notice shall authorize
the Township to remove such sign at the owner's expense.
The following devices and locations shall be
specifically prohibited:
A.Â
Signs located in such a manner as to obstruct or otherwise
interfere with an official traffic sign, signal or device, or obstruct
or interfere with a driver's view of approaching, merging or intersecting
traffic. Signs shall not be placed within the sight triangle of any
intersection or driveway.
B.Â
Except as provided for elsewhere in this code, signs
encroaching upon or overhanging public right-of-way. No sign shall
be attached to any utility pole, light standard, street tree or any
other public facility located within the public right-of-way.
C.Â
Signs which blink, flash or are animated by lighting
in any fashion that would cause such signs to have the appearance
of traffic safety signs and lights, or municipal vehicle warnings
from a distance.
D.Â
Portable signs except as allowed for temporary signs.
E.Â
Any sign attached to, or placed on, a vehicle or trailer
parked on public or private property, except for signs meeting the
following conditions:
(1)Â
The primary purpose of such a vehicle or trailer
is not the display of signs.
(2)Â
The signs are magnetic, decals or painted upon
an integral part of the vehicle or equipment as originally designed
by the manufacturer, and do not break the silhouette of the vehicle.
(3)Â
The vehicle or trailer is in operating condition,
currently registered and licensed to operate on public streets when
applicable, and actively used or available for use in the daily function
of the business to which such signs relate.
(4)Â
Vehicles and trailers are not used primarily
as static displays, advertising a product or service, nor utilized
as storage, shelter or distribution points for commercial products
or services for the general public.
(5)Â
The vehicle must be legally parking in an approved
parking space.
F.Â
Balloons, streamers or pinwheels, except those temporarily
displayed as part of a special sale, promotion or community event.
For the purposes of this subsection, "temporarily" means no more than
30 days in any calendar year.
Any sign legally in existence at the time of
passage of this article that does not conform in use, location, height,
or size with the zoning regulations in which the sign is situated,
and for which a permit was lawfully obtained, shall be considered
a legal nonconforming use or structure and shall be permitted to continue
in such status until such time as it is either abandoned or removed
by its owner, subject to the following limitations:
A.Â
In the event that a sign lawfully erected prior to
the effective date of this article does not conform to the provisions
and standards of this article, then such sign may continue in use
until replaced or until the sign no longer advertises an existing
business conducted or product sold on the premises upon which such
sign is located.
B.Â
A nonconforming sign shall not be enlarged or replaced
by another nonconforming sign.
C.Â
Any maintenance, repair or alteration of a nonconforming
sign shall not cost more than 50% of the current depreciated value
of the sign as of the date of alteration or repair.
Abandoned signs. Subject to § 165-175, Removal of signs, concerning unsafe, improperly secured or dangerous signs, where the Township determines that a sign has been abandoned, the owner of the sign, or the owner of the building or premises in the sign owner's absence, the Township shall notify in writing by first class mail that the owner shall be required to remove such sign within 30 days from the date of the notice, and such sign shall be removed within the time directed in the notice by the Township. If such sign is not removed by the owner of the sign or the owner of the building or premises in the sign owner's absence, the Township shall remove the sign at the building or premises and assess the owner for all costs incurred for such services.
A.Â
If the Township shall find that any sign regulated
by this article is not used, is abandoned, unsafe, improperly secured
or otherwise determined to be a danger to the health, welfare and
safety of the public, the Township shall give written notice to the
named owner of the land upon which it is located, who shall remove
or repair the sign within 10 days from the date of the notice. If
the sign is not removed or repaired within said time period, the Township
shall revoke the permit issued for such sign and may remove or repair
the sign and assess the owner for all costs incurred for such service.
B.Â
The Township may cause any sign, which is a source
of immediate danger to persons or property to be removed immediately
and without notice.
A.Â
All signs shall be properly secured, supported and
braced and shall be kept in satisfactory structural condition, clean
and as appropriate, well-painted at all times. Every sign, its framework,
braces, anchors and other supports shall be constructed of such material
and in such workmanlike manner as shall make it safe, to the satisfaction
of the Township.
B.Â
Every sign hereafter erected, constructed or maintained
shall be plainly marked with the name of the person erecting, constructing
and maintaining such sign as well as sign permit number.
A.Â
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, reerect, construct or structurally alter any sign covered by the provisions of this article, without first applying for and obtaining the necessary permit or who in any other way violates any provision of this article shall be guilty of an offense. In those instances where the Township determines that a person has violated a provision of this article, the provisions of Article XXXVII of the Code shall apply in the prosecution and assessment of fines and penalties.
B.Â
In case of a violation of this article, the municipality
and its officers may, in addition to any other remedies specifically
conferred by law or ordinance, institute any appropriate proceeding
to prevent unlawful erection, construction, reconstruction, alteration
or use of any sign not in compliance with this article.
