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. 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. 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. 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. 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. 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. 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. 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. 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. 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:
ABANDONED SIGN
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.
ANIMATED SIGN
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:
A.
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:
(1)
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.
(2)
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.
B.
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.
C.
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.
ARCHITECTURAL PROJECTION
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."
AWNING
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.
AWNING SIGN
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also, "wall" or "fascia sign."
BACK-LIT AWNING
An awning with a translucent covering material and a source
of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BILLBOARD
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]
BUILDING ELEVATION
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of the building.
CANOPY (ATTACHED)
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."
CANOPY (FREESTANDING)
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.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or
freestanding canopy. For reference.
CHANGEABLE SIGN
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."
CODE
The Code of Upper Merion Township, as amended.
CODE ENFORCEMENT OFFICER
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.
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a
building structure.
COPY
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
DEVELOPMENT COMPLEX SIGN
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.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical
energy.
FACADE
See "building elevation."
FREESTANDING SIGN
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.
FRONTAGE, BUILDING
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.
A.
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.
B.
Building frontage shall be calculated as the
perpendicular distance between any two parallel lines, both of which
touch the building.
ILLUMINATED 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).
INTERIOR SIGN
Any sign placed within a building but not including window
signs as defined by this article. Interior signs are not regulated
by this article unless the sign is a window sign or reasonably visible
outside of the building. If an interior sign is reasonably visible
outside of the building, the interior sign shall not have the characteristics
of an animated sign; shall not blink, flash, have animated or moving
text, photos or transitions; shall not cause a distraction to motorists;
shall not have the appearance of traffic safety signs and lights,
or municipal vehicle warnings from a distance; and shall be turned
off when the space where the interior sign is located is closed.
[Amended 11-9-2023 by Ord. No. 2023-893]
LIGHT BANDING
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.
LOCATION
Includes any lot, premises, building, wall or any structure
whatsoever upon which a sign is erected, constructed, painted or maintained.
MANSARD
An inclined decorative roof-like projection that is attached
to an exterior building facade.
MENU BOARD
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.
ON-PREMISE 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.
OUTDOOR ADVERTISING SIGN
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.
PARAPET
The extension of a building facade above the line of the
structural roof.
PERSON
Includes any nongovernmental agent, lessee, individual, firm,
partnership, association, corporation, company or organization of
any kind capable of being sued.
POLITICAL 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.
PORTABLE SIGN
Any sign not permanently attached to the ground or to a building
or building surface.
PROJECTING SIGN
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.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
REVOLVING SIGN
A sign that revolves 360° about an axis. See also, "Animated
sign, mechanically activated."
ROOF LINE
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.
ROOF SIGN
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.
SIGN
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.
SIGN AREA
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.
SIGN COPY
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.
SIGN FACE
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
In the case of backlit signs, the sign face
shall comprise the illuminated area.
SIGN HEIGHT LINE
A.
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.
B.
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.
TEMPORARY 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.
TOWNSHIP
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.
TOWNSHIP SOLICITOR
Legal counsel appointed by the Board of Supervisors for Upper
Merion Township.
V SIGN
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.
WALL OR FASCIA SIGN
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.
WINDOW SIGN
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.
[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. 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. 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. Sign face material. Billboards shall use vinyl wrap
or a material of equivalent durability to display the sign copy.
D. Illumination and animation. Illumination of billboards
shall be allowed based upon the following standards:
(1)
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)
The billboard shall not be so illuminated that
it interferes with the effectiveness of or obscures an official traffic
sign, device, or signal.
(3)
All lighting from billboards must comply with the performance standards outlined in §
165-215, Outdoor lighting, in Article
XXXI.
(4)
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. Separation. The location of each billboard shall comply
with the following separation requirements:
(1)
At least a one-thousand-five-hundred-foot radius
from any other billboard,
(2)
At least 500 feet from any residential zoning
district, including those of a neighboring municipality.
(3)
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. 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.
G. Landscaping. The base of each billboard shall be landscaped and maintained with a screening buffer as outlined in §
145-24.1G and of the Upper Merion Township Landscape Ordinance.
H. Other standards. The conditional use process and standards set forth in §
165-219.1 must be met.
The following devices and locations shall be
specifically prohibited:
A. 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. 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. 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. Portable signs except as allowed for temporary signs.
E. 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)
The primary purpose of such a vehicle or trailer
is not the display of signs.
(2)
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)
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)
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)
The vehicle must be legally parking in an approved
parking space.
F. 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. 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. A nonconforming sign shall not be enlarged or replaced
by another nonconforming sign.
C. 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.