Any sign hereafter erected or maintained shall conform with
the provisions of this article and any other ordinance or regulations
of the Township of Middletown not inconsistent herewith.
A.
The objectives of this article are to establish requirements for
placing, installing and maintaining signs in order to preserve and
protect the health, safety, welfare and general well-being of the
community's citizens. Just as regulations for the placement, construction
and maintenance of buildings and structures through zoning is a valid
use of the law, so are regulations for the placement, installation
and maintenance of signs a valid use of the law, because signs, in
the literal sense, must be considered structures and, in a practical
sense, are capable of producing many of the same nuisances as buildings
produce.
B.
Sign regulations are further justified by the primary purpose of
a sign: to draw attention to its content. However, since signs can
distract drivers or obstruct views, the very nature of a sign can
be a potential hazard to the safety of the motorist. Therefore, it
is the intent of this article to regulate the location of signs in
such a way that they can fulfill their purpose without causing unsafe
conditions for motorists.
C.
Finally, it is the objective of this article to protect and preserve
the visual character of the community by regulating the placement,
installation and maintenance of signs. Because signs are intended
to command visual contact, this gives them an important role in the
overall visual character of a community. This visual impact affects
the value and enjoyment of property; therefore, the regulation of
signs can work to enhance the value of property, encourage appropriate
land use throughout a municipality and minimize visual clutter in
the community.
D.
With this purpose in mind, it is the intention of this article to
authorize only those uses of signs which are:
[Amended 3-23-1999 by Ord. No. 99-04]
A.
ANIMATED SIGN
ARCHITECTURAL PROJECTION
BACKGROUND AREA OF SIGN
BENCH SIGNS
BILLBOARD
BUILDING CODE
BUILDING FACADE
BUSINESS SIGN
CHANGEABLE COPY SIGN
COMMERCIAL OUTDOOR ADVERTISING SIGN
COMMUNITY SPECIAL EVENT SIGN
CONSTRUCTION/DEVELOPMENT SIGN
COPY AREA OF SIGN
DIRECTIONAL SIGN
DIRECTLY ILLUMINATED SIGN
EAVES
ERECT
FASCIA SIGN
FESTOON LIGHTING
FREESTANDING SIGN
ILLUMINATED SIGN
INDIRECTLY ILLUMINATED SIGN
INTERIOR SIGN
KIOSK
MARQUEE
MARQUEE SIGN
MONUMENT DISPLAY
OFF-PREMISES SIGN
ON-PREMISES SIGN
OPINION SIGN
PARAPET
POLE SIGN
POLITICAL SIGN
PORTABLE SIGN
PREMISES
PROJECTING SIGN
REAL ESTATE SIGN
REVOLVING SIGN
ROOFLINE
ROOF SIGN
SIGN
SNIPE SIGN
TIME-AND-TEMPERATURE SIGN
VEHICULAR SIGN
VISUAL COMMUNICATION TECHNOLOGY (VCT)
WALL AND FASCIA SIGN
WINDOW SIGN
Definitions of signs. As used in this article, the following terms
shall have the meanings indicated:
A type of freestanding, wall, projecting or roof sign with
motion, flashing light, or color changes requiring electrical energy
or electronic or manufactured sources of supply. For the purposes
of this chapter, this definition shall not be meant to include public
service signs, such as time-and-temperature signs, revolving or changeable
copy signs, or wind-activated elements, such as flags, banners or
similar items.
Any projection, except signs, which is not intended for occupancy
and which extends beyond the face of an exterior wall of a building.
The entire area of a sign on which copy can be placed, including
framing and border, but not including structural supports and decorative
trim which is incidental to the copy content of the display itself.
A sign located on any part of the surface of a bench or seat
placed on or adjacent to a public right-of-way.
See "off-premises signs" and "commercial outdoor advertising
signs."
The current Building Code as officially adopted by the Township
which governs construction standards, approved materials, and projection
standards, unless otherwise specified herein.[1]
That portion of any exterior elevation of a building extending
vertically from grade to the top of the parapet, wall or eaves and
horizontally across the entire width of the building elevation.
An on-premises sign which directs attention to a business,
commodity, service, industry or other activity which is sold, offered
or conducted on the premises on which such sign is located or to which
it is affixed.
A sign on which the message copy can be changed through the
use of attachable letters, numerals or graphics or through the use
of electronic switching of lamps or other illuminated devices. This
includes public service information, such as time-and-temperature
displays, or any sign which features automatic or manual switching
or changing of its message content.
A permanent off-premises sign erected, maintained or used
for the purpose of providing copy area for advertising messages for
rent or lease.
A type of temporary sign which is intended to advertise a
nonprofit community or civic event.
A type of temporary sign which is intended to advertise the
name of a project or development and/or the contractor, architect,
engineer, financier, etc.
The actual area of the sign copy applied to any background.
Compute copy area by straight lines drawn tangent to copy extremities
encompassing individual letters, words and graphic elements.
Any sign which is designed and erected solely for the purpose
of traffic or pedestrian direction and which is placed on the property
to which the public is directed.
A sign designed to give forth artificial light directly (or
through transparent or translucent material) from a source of light
within such sign, including, but not limited to, neon and exposed
lamp signs.
The lowest horizontal line of a sloping roof.
To build, construct, attach, hang, suspend, affix, alter,
structurally repair, paint, relocate or renew on a wall or any other
background surface.
See "wall sign."
A directly illuminated sign comprised of a group of incandescent
bulbs hung or strung overhead.
A sign permanently supported by an upright(s) which is permanently
anchored into the ground. Such signs must be anchored below the frost
line with a footing.
A sign in which an internal or external source of light is
used.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs. If such shielding device is defective, such sign shall be
deemed to be a directly illuminated sign.
Any sign, except a window sign, placed within a building,
regardless of whether its message is visible to the exterior of the
building. Interior signs are not regulated by the provisions of this
chapter.
A permanent structure designed for the posting of temporary
signs or messages.
A permanent, roofed structure attached to a building and
projecting over public or private property.
Any sign attached to a marquee (see "wall sign").
An internally illuminated structure with display or copy
faces that use a visual communication technology (VCT), such as light-emitting
diodes (LED) or other internal light sources, to communicate municipal,
civic or emergency messaging, on-premises advertising, and/or commercial
off-premises advertising. A monument display shall be capable of remotely
or automatically changing displays. The portion of the monument display
structure where the messaging or advertising is displayed is called
the "active area."
[Added 1-17-2017 by Ord.
No. 17-01]
A sign directing attention to a business, person, commodity
or service not sold or located upon the premises where the sign is
located.
A sign which carries only messages strictly incidental to
lawful use of the premises on which it is located. Such signs may
include but not be limited to messages indicating the business transacted,
services rendered, goods sold or produced on the premises, name of
the business, and name of the person, firm or corporation occupying
the premises.
Any sign that expresses or declares the personal belief,
idea or conviction of the citizen(s) residing on the premises as protected
under the First Amendment of the United States Constitution.
The portion of a facade or wall that extends above the roof.
See "freestanding sign."
Any temporary sign pertaining to political views, an individual
seeking election or appointment to a public office, or a forthcoming
public election or referendum.
A sign, with or without display or legend, which is self-supporting
without being firmly embedded in the ground or is fixed on a movable
stand or mounted on wheels or removable vehicles or made easily movable
in some other manner.
A separate lot or tax parcel or a single use on more than
one lot or tax parcel with individual frontage abutting the street
line. A premises may include more than one occupant as in an office
complex or shopping center.
A sign, other than a wall sign, which is attached to and
projects more than 18 inches from a wall of a building.
A sign pertaining to the sale, lease or rent of a property
upon which it is located.
A type of freestanding sign which revolves 360° or agitates
back and forth.
The uppermost line of the roof of the building or, in the
case of an extended facade or parapet, the uppermost height of said
facade or parapet.
A sign erected or maintained upon the roof or parapet of
a building, the entire face of which is situated above the eaves or
highest architectural point of the building to which it is attached,
and which is wholly or partially supported by said building.
Any letter, number, symbol, figure, character, mark, plane,
design, picture, stroke, stripe, trademark or combination of these,
including permanent window signs erected in any manner whatsoever,
which shall be used for the attraction of the public to any place,
subject, person, firm, corporation, public performance, article or
merchandise and which shall be displayed in any manner whatsoever.
A small off-premises sign attached in any way to an object
or tree.
A display containing illuminated or reflective numerals switching
alternately to show the time and temperature.
A portable sign which is affixed and/or painted to a vehicle
in such a manner that the carrying of such sign or signs is no longer
incidental to the vehicle's primary purpose. Such signs shall be subject
to the regulations for portable signs as defined in this article.
Any type of lighting element that, when operational, is able
to communicate a visual message. A visual communication technology
may include, but is not limited to, the following: dual in-line packaged
light-emitting diodes (LED); surface-mounted diode LED; chip on board
LED; fiber optic LED; internally illuminate Lexan; intense pulsed
light technology; outdoor projection technology; outdoor projection
video-mapping technology; holographic technology; and 3D holographic
technology.
[Added 1-17-2017 by Ord.
No. 17-01]
A sign which is parallel to any exterior wall of a building
or structure. Also includes signs affixed to architectural projections,
canopies or marquees which project from a building facade, provided
the copy area of such sign remains parallel to the building facade.
A sign affixed to or within 12 inches of the interior surface
of a window with its message visible to the outside of said window
surface.
B.
Area of signs.
(1)
The area of a sign shall be construed to include all lettering,
wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, but not to
include any supporting framework, bracing or decorative trim which
is incidental to the copy content of the display itself.
(2)
In the computation of square foot area of a double-faced sign
or multiple-faced sign, only one side shall be considered, provided
all faces are identical in size. If the interior angle formed by the
faces of a double-faced or multiple-faced sign is greater than 90°,
then all sides of such sign shall be considered in calculating the
sign area. All faces of a revolving sign or a revolving sign component
shall be considered in calculating the sign area of such sign or component.
(3)
If an establishment has walls fronting on two or more streets
or if the property fronts on more than one street, the sign area for
each building wall or property frontage shall be computed separately.
(4)
With the exceptions of billboards, commercial outdoor advertising
signs, monument displays and off-premises signs, a sign supported
by more than one means (and therefore may be defined as freestanding,
wall, roof or projecting sign) shall have its area and height calculations
determined by the type of sign that has the most restrictive standards.
[Amended 1-17-2017 by Ord. No. 17-01]
(5)
Frontage on Interstate 95 shall not be used in the calculation
of sign area.
C.
Height of signs.
(1)
The maximum height of a freestanding sign shall be measured
from the elevation of the shoulder of the road to the highest point
of the sign structure. In the case where there is a sidewalk, the
height of the sign shall be measured from the elevation of the sidewalk.
(2)
For a projecting, wall or roof sign, the maximum height shall
be determined by the height of the facade of the building.
D.
Illumination of signs. No directly or indirectly illuminated sign shall violate the provisions of § 500-2505 of this chapter. Illumination of billboards, commercial outdoor advertising signs and monument displays shall be governed by § 500-2811D and § 500-2812, as applicable.
[Amended 1-17-2017 by Ord. No. 17-01]
E.
Supports. Effective January 1, 2000, the use of wire supports for
any sign permitted to be placed in the right-of-way or on government-owned
property is prohibited. Wire supports necessary for signs not located
in the right-of-way or on government-owned property shall not encroach
into any right-of-way or onto any government-owned property.
In no case, except for official traffic and street signs, shall
any sign be erected so that it:
A.
Lies within 10 feet of or projects over a point within 10 feet of
the ultimate right-of-way of any street or is within 10 feet of the
shoulder or curb, whichever is greater, with the specific exception
that such placement of political signs shall be permitted if done
in compliance with all other provisions regarding political signs.
C.
Obscures a motorist's view of traffic signals, stop signs or other
warning devices as viewed from a distance of 500 feet along established
thoroughfares.
D.
Obscures a motorist's view of roadway or intersections ahead as viewed
from a distance of 500 feet along established thoroughfares.
E.
Limits a pedestrian's view of vehicular traffic to less than 500
feet while he stands inside the curbline at an intersection or other
established crossing point.
F.
Lies within a distance of 20 feet from either side yard property
line.
G.
Lies within a parking space or fire lane.
H.
Blocks the movement of pedestrians traveling on public thoroughfares.
I.
Blocks the entrance, exit, fire escape or fire lane to a building.
[Amended 3-23-1999 by Ord. No. 99-04]
The following signs are permitted in all districts and do not
require a permit, provided the applicable conditions and uses have
been met:
A.
Official highway route number signs, street name signs, directional
or other traffic signs may be erected on public roads and highways
in the interest of public safety.
B.
Signs displaying the name and address of the occupant of the premises,
provided that the area of any such sign shall not exceed 120 square
inches and not more than one such sign shall be erected for each occupant
of a premises, unless such property fronts on more than one street;
in which case, one such sign may be erected on each street frontage.
C.
No-trespassing signs, signs indicating the prohibition or control
of fishing, hunting etc., or signs indicating the private nature of
a road, provided the area of any such sign does not exceed 216 square
inches.
D.
Real estate signs shall be permitted, provided that the area of any
such sign shall not exceed six square feet in all residential districts
and 12 square feet in all other districts and that not more than one
such sign shall be placed on property held in single and separate
ownership unless the property fronts on more than one street; in which
case, one such sign shall be permitted along each street. All such
signs shall be removed within 10 days after a settlement of sale,
lease or rental has been entered into.
E.
Legal notices.
F.
Public service and information signs advertising the availability
of rest rooms, telephones or similar public conveniences; also, signs
advertising meeting times and places of nonprofit service or charitable
organizations. These signs may be erected, provided they do not advertise
any commercial establishment, activity, organization, product, goods
or service, except those of public utilities. Any such sign shall
not exceed four square feet.
G.
Vending machine signs bearing the brand name of a product or the
price of such product when displayed on a vending machine selling
such product.
H.
Bulletin or announcement board signs for institutional, nonprofit
service or charitable organizations, provided that the area of any
one side of such sign shall not exceed 16 square feet.
I.
Memorial signs or historical signs or tablets, provided such sign
or tablet does not exceed four square feet.
J.
Window signs giving store hours or the name or names of credit or
charge institutions, provided the total area of any sign or all signs
together does not exceed two square feet.
K.
Temporary window signs, including community special event signs,
provided such signs take up no more than 50% of the window area.
L.
Signs which are a permanent architectural feature of a building or
structure, such as a cornerstone, or identifying letters carved into
or embossed on a building, provided the letters are not made of a
reflective material nor contrast in color with the building.
M.
Mechanics' or artisans' signs may be erected during the period such
persons are performing work on the premises on which such signs are
erected, provided that such signs shall be removed upon completion
of work by the mechanic or artisan, and the total area for all such
signs shall not exceed six square feet. Not more than one such sign
shall be placed on any given property on which such person is performing
work unless such property fronts on more than one street; in which
case, one such sign shall be permitted along each street. All such
signs shall be removed immediately upon completion of the work.
N.
Bunting, pennants and similar materials are permitted to announce
the opening of a new business or industry and must be removed seven
days after the opening day or the first day of business. The owner/user
of the business or industry shall inform the Township Zoning Officer
in writing of the opening day or the first day of business. Such notice
shall be submitted at least 14 days prior to the opening day or the
first day of business.
O.
Revolving barbershop pole sign, provided that it does not exceed
36 inches in height and that it is erected only in a commercial district.
P.
Signs advertising a yard sale are permitted, provided the signs do
not exceed four square feet in area, remain up only during the sale,
and do not appear more than once every six months on the same premises.
Not more than one such sign shall be placed on any given property
on which the yard sale shall occur unless such property fronts on
more than one street; in which case, one such sign shall be permitted
along each street. Not more than three such signs may be placed off-premises
to provide direction to the yard sale.
Q.
Opinion sign, provided it is erected in accordance with § 500-2809B(6).
A.
Any sign legally existing at the time of the passage of this chapter
that does not conform in use, location, height or size with the regulations
of the district in which such sign is located shall be considered
a nonconforming sign and shall be bound by the regulations of this
chapter regarding nonconforming signs.
B.
A sign on a building or structure which does not conform to this
chapter shall be removed when the building or structure is demolished
or when the fair market value of the cost of the building or structure
renovation or expansion exceeds 50% of the fair market value of the
building or structure as determined by applying the formula set forth
in the Annual Certification of the Pennsylvania State Tax Equalization
Board to the value of the building or structure as assessed by the
Bucks County Board of Tax Assessment.
C.
A sign not conforming to this chapter shall be removed when the sign
requires any structural renovation or the background area of the sign
is to be altered.
D.
A nonconforming sign must be removed within 14 days or be made to
conform to this chapter in every respect, whenever:
A.
Zoning information. With the exceptions of billboards, commercial
outdoor advertising signs, monument displays and off-premises signs,
no sign shall be erected on a property containing information that
the subject property may be used for any purpose not permitted in
the zoning district in which the subject property is located.
[Amended 1-17-2017 by Ord. No. 17-01]
B.
Prohibited signs. The following signs are unlawful and prohibited:
(1)
Any banner, pennant or novelty-type sign suspended between poles
and lighted by a series of lights is prohibited.
(2)
A sign that uses any method of illumination that can cause glare
is prohibited, except in accordance with the following:
(a)
It must be so effectively shielded that glaring beams or rays
of light are not directed to any portion of any street, highway or
adjacent property or structure.
(b)
It must be less than 1/4 footcandle, as measured from the curbline
or shoulder, so as not to cause glare or impair the vision of any
motorist or otherwise interfere with the driver's operation of his
motor vehicle.
(3)
No sign may use the words "Stop," "Look," "Danger" or any word
or character which attempts or appears to attempt to direct the movement
of traffic or which interferes with or resembles any official traffic
sign, signal or device within 75 feet of a public right-of-way or
within 200 feet of a traffic control device, whichever is greater.
(4)
Except for traffic control signals, red and green lights are
prohibited within 75 feet of a public right-of-way or 200 feet of
a traffic control device signal, whichever is greater.
(5)
Except for temporary community special event signs, any sign
erected on a utility pole, street identification sign, traffic control
sign or device, streetlight pole, traffic signal pole, tree or other
natural feature is prohibited.
(6)
Any banner, pennant or novelty sign or sign of any other type
is prohibited across a public street or on any private property, except
for such signs which are approved by the Board of Supervisors, as
a conditional use, to be of general benefit to the Township or for
public convenience, necessity or welfare. No application for such
conditional use shall be granted unless such application includes
written approval for installation of such sign from the owner of the
public street, right-of-way or private property and the owner of any
utility poles or streetlight poles located within the public street,
right-of-way or private property and a specified date for removal
of the sign.
[Amended 5-20-2005 by Ord. No. 08-05]
(7)
Any sign suspended between poles which is either a banner, pennant or novelty sign which blows in the wind or a spinner which spins in the wind is prohibited. Refer to § 500-2805 for exceptions.
(8)
Any sign is prohibited which does not conform to the requirements
of the sign regulations which were in effect when the sign was erected.
(9)
Any sign which is not included under the types of signs permitted
in district regulations or in this article.
(10)
Any portable sign, except as permitted under the provisions
of this article.
(11)
Festoon lights.
(12)
Snipe signs.
(13)
Signs painted directly on walls.
A.
Permits required.
(1)
A permit must be obtained from the Township before the erecting
of all signs erected in the Township, unless specifically exempted
herein.
(2)
Exemptions from the necessity of securing a permit, however,
shall not be construed to relieve the owner of the sign involved from
responsibility for its erection in a safe manner and in a manner in
accord with all the other provisions of this chapter.
(3)
Before any permit is granted for the erection of a sign or sign
structure, plans and specifications shall be filed with the Township,
showing:
(a)
The dimensions of the sign and, where applicable, the dimensions
of the wall surface of the building to which it is to be attached.
(b)
The dimensions of the sign's supporting members.
(c)
The maximum height of the sign.
(d)
The proposed location of the sign in relation to the face of
the building in front of which or above which it is to be erected.
(e)
The proposed location of the sign in relation to the boundaries
of the lot upon which it is to be situated.
(f)
Where the sign is to be attached to an existing building, a
current photograph of the face of the building to which the sign is
to be attached.
(g)
The materials, finish and details of construction, including
loads, stresses, anchorage and any other pertinent engineering data.
(h)
Plans for signs with a proposed area greater than 100 square
feet shall be prepared and sealed by a structural engineer.
(i)
The application for a permit shall be accompanied by the written
consent of the owner or lessee of the premises upon which the sign
is to be erected for Township officials to enter said premises to
inspect such sign.
(4)
The following changes to a sign do not require a permit:
(a)
The changing of movable parts of an approved changeable copy
sign that is designed for such changes or the repainting or reposting
of display matter shall not be deemed an alteration, provided the
conditions of the original approval and requirements of this article
are not violated.
(b)
The changing of the advertising copy or message of a painted,
plastic face or printed sign only. Except for signs specifically designed
for the use of replaceable copy, electric signs shall not be include
in this exception.
(c)
The electrical, repainting or cleaning maintenance of a sign.
(d)
The repair of a sign.
(e)
Permit fees to erect a sign shall be in accordance with the
sign fee schedule adopted by the Township.
B.
Construction requirements. All signs shall meet the design and construction
requirements of the International Building Code, together with any
and all other applicable building codes then in effect within the
Township. All electrical signs shall meet the design and construction
requirements of the International Electrical Code, together with any
and all other applicable electrical codes then in effect within the
Township.
C.
Maintenance requirements. Every sign permitted by this chapter must
be constructed of durable materials and kept in good condition and
repair.
D.
Removal or abandonment of signs.
(1)
The owner of any property or premises upon which any sign is
erected shall be responsible for its complete removal at such time
as the circumstances which caused its erection have ceased to exist
or at such other time that the sign must be removed under any other
provisions of this chapter. If the owner of any property upon which
a sign has been erected shall fail or neglect to render it as hereinabove
required, the Zoning Officer shall give notice to remove the sign
by certified mail to the owner. If this letter is returned undelivered
for any reason, he may post such notice upon the premises. If upon
the expiration of 30 days following notice the owner fails to remove
the sign, the Zoning Officer shall arrange for its removal on behalf
of the Township and shall bill the owner for the cost of such work
plus 10% for administrative cost. If such bill remains unpaid after
the expiration of 30 days, the Township Solicitor shall take the necessary
steps to collect the same. Failure of a property owner to remove such
sign after the notice hereinabove provided shall constitute a violation
of the terms of this chapter, and each day's continuance of such failure
shall constitute a separate violation.
(2)
If the owner of any sign in violation of any of the provisions
of this chapter is not the owner of the premises on which it is situated,
the identical notices specified above may be issued to him in like
manner, and such owner of the sign shall be required to take such
steps to comply with the notice or notices issued to him as though
he were the owner of the property or premises on which the sign is
located. If such owner of the sign fails to comply, such failure shall
constitute a violation of the terms of this chapter. Such owner of
the sign shall be liable to the same extent as the owner of the property
or premises on which the sign is located.
E.
Unsafe and unlawful signs. If the Zoning Officer finds that any sign regulated herein is unsafe or insecure or is a menace to the public or has been constructed, erected or maintained in violation of the provisions of this chapter, he shall give notice to remove or alter the sign to comply with this chapter in the same manner as in Subsection D above to the party to whom the permit was issued to erect the sign or to the owner of the sign or to any combination of them. If the parties notified fail to remove or alter the sign to comply with the standards herein set forth within 30 days after notice, such sign may be removed or altered by the Building Inspector at the expense of each and every person notified. The expenses of the removal or alteration shall be computed and paid for by the parties notified in the same manner as in Subsection D above, and the same sanctions shall apply. The Building Inspector may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
F.
Annual registration and inspection of certain signs.
(1)
For all signs not exempted under this chapter, whether or not
such signs have been erected prior to the adoption of this subsection,
the owner of the premises upon which the sign is erected and maintained
(or, in the case of leased property, the tenant) shall annually, before
January 15 of the year following the year in which a permit for such
sign has been secured, pay the registration fee in the amount established
by resolution of the Board of Supervisors for each and every sign
required to be registered under the provisions of this subsection.
(2)
With the annual registration, the applicant shall submit a statement
by which the applicant agrees to indemnify and save harmless the Township
against any loss, damage, costs and expenses which the Township may
hereafter suffer, incur, be put to, or pay by reason of any claims
resulting from the erection of the sign and agrees to pay and discharge
forthwith on demand of the Township each and every claim, obligation
or judgment against said Township resulting from the erection of said
sign.
G.
Insurance. It shall be unlawful for any individual, partnership,
corporation or other entity to erect, repair or maintain electrical
signs, regardless of size or location, or nonelectrical signs which
are higher than 10 feet above grade or larger than 24 square feet
without submitting a certificate of insurance to the Building Inspector's
office in the amount of $100,000 and $300,000 personal injury liability
and $35,000 property damage.
H.
Licensing. In the case of a proposed erection or repair of any electrical
or neon sign, or any nonelectrical sign 24 square feet in size or
10 feet above grade, no permit for the erection of such sign or signs
shall be issued until after the applicant has complied with the following
provisions:
(1)
The erector or its agent or employees shall apply for and obtain
an annual license for the erection of signs of this category with
a fee established by resolution of the Board of Supervisors to be
paid to the Township for such license.
(2)
Such license shall be obtained or renewed annually for the calendar
year period beginning January 1 of each year or at such later time
that such sign erection company wishes to obtain its first permit
for the erection or repair of a sign of this category in Middletown
Township.
(3)
The fee for the annual renewal of the license shall be established
by resolution of the Board of Supervisors.
[Amended 3-23-1999 by Ord. No. 99-04]
In RA-1, RA-2, RA-3, OR, R-1, R-2, R-3, MR, RC and MHP Districts,
the following standards shall govern:
A.
General regulations.
(1)
Freestanding signs are permitted in accordance with the provisions
of this section; provided, however, that no such sign shall exceed
a height of seven feet.
B.
On-premises signs.
(1)
Construction signs which identify the name of a subdivision,
development or the developer are permitted, provided that the aggregate
area of the sign shall not exceed a maximum of 40 square feet. Not
more than one such sign shall be placed on property held in single
and separate ownership unless the property fronts on more than one
street; in which case, one such sign shall be permitted along each
street. Such signs shall be removed within 20 days after the last
structure has been satisfactorily inspected for Building Code compliance
by the Township.
(2)
Signs or bulletin boards of schools, colleges, churches, hospitals,
sanitariums, cemeteries, nonprofit clubs, and other nonprofit institutions
of a similar nature or signs indicating the name of a particular organization,
farm or estate, or nonprofit organization are permitted, provided
that the size of any such sign is not in excess of 40 square feet.
Not more than one such sign may be placed on any property held in
single and separate ownership unless the property fronts on more than
one street; in which case, one such sign shall be permitted along
each street frontage.
(3)
Directional signs, such as entrance signs or exit signs, provided
that such signs do not advertise any commercial establishment, activity,
organization, product, goods or services. Such sign shall not exceed
two square feet in size and eight feet in height.
(4)
Professional, home occupation or name sign indicating the profession,
activity or name of the occupant of a dwelling, provided the following
conditions are met.
(a)
The size of such sign shall not exceed 120 square inches.
(b)
Not more than one such sign shall be erected for each permitted
use or dwelling unit.
(c)
Any such sign shall be erected only on premises wherein the
professional use or home occupation is located. No such sign shall
be indirectly illuminated.
(5)
One nonilluminated or indirectly illuminated sign at the principal
access street or access drive to a residential development or complex,
indicating the name of such area or complex and, in the case of a
rental complex, the name of the owner or management organization,
subject to the following requirements:
C.
Off-premises signs.
(1)
Political signs are permitted, provided that:
(a)
The size of any such sign to be placed on a single lot shall
not exceed 12 square feet with an aggregate area limitation per single
lot of 24 square feet.
(b)
When placed in a road right-of-way, political signs shall not
be located in such a way as to constitute a hazard to motorists or
pedestrians and shall be set back an appropriate distance from the
edge of pavement or curb so as not to obstruct the vision of motorists
or pedestrians. The size of any such sign to be placed within the
road right-of-way shall not exceed 32 square feet. In addition, effective
January 1, 2000, the use of wire supports for political signs placed
within the right-of-way or on government-owned property is prohibited.
(c)
No such sign shall be erected on a utility pole, street identification
sign, traffic control sign or device, streetlight pole, traffic signal
pole, tree or other natural feature.
(d)
Such signs shall not be posted earlier than 60 days prior to
the election to which such signs relate.
(e)
The erector of such signs or an authorized agent of the political
party or candidate applies for and obtains a permit from the Township
Zoning Officer and deposits with the Township at the time of his application
the sums established by resolution of the Board of Supervisors as
a guarantee that all such signs will be removed promptly within 10
days after the date of the election to which such signs relate. If
such signs are not removed at the end of the ten-day period, the Township
may have them removed and retain such sums from the deposit in an
amount equal to the expense incurred by the Township for such removal.
The Township reserves the right to collect from the applicant any
such expenses not covered by the deposit.
(2)
Community special event signs are permitted, provided that:
(a)
No such sign shall exceed 25 square feet in area.
(b)
Signs shall not be posted earlier than four weeks before the
occurrence of the exhibit, show or event and shall be removed within
five days after the termination of the exhibit, show or event.
(c)
A maximum of four such signs may be permitted within the Township
for any one exhibit, show or event.
(d)
No permit shall be issued for the erection of such signs until
a deposit has been paid in an amount established by resolution of
the Board of Supervisors. If such signs are not removed within five
days after the termination of the exhibit, show or event, the Township
may have them removed and keep from the sum deposited an amount equal
to the expenses incurred by the Township for such removal. The Township
reserves the right to collect from the applicant any such expenses
not covered by the deposit.
In the A-O Apartment-Office, OC Office Campus, and P Professional
Districts, the following standards shall govern:
A.
General regulations.
B.
On-premises signs.
(1)
Any sign permitted in the RA-1, RA-2, RA-3, OR, R-1, R-2, R-3, MR, RC and MHP Districts shall be permitted in accordance with § 500-2809 of this chapter.
(2)
For any one property or parcel, one freestanding or one wall
sign, erected as an identification sign, including a directory of
occupants of an apartment building or development, of an office building,
or of other permitted uses, shall be permitted. The area of one side
of any freestanding sign shall not exceed 40 square feet and not more
than one such sign shall be erected on a premises held in single and
separate ownership unless such premises fronts on more than one street;
in which case, one such sign may be erected on each street frontage.
The maximum height of such freestanding sign shall not exceed 12 feet.
The area of such wall sign shall not exceed 40 square feet, and such
sign shall be placed below the eaves of a roof and no higher than
the parapet of a wall.
(3)
For any one use, one wall sign may be erected unless such premises
fronts on more than one street; in which case, one such sign may be
erected on each street frontage. The area of such sign shall not exceed
12 square feet. Such sign shall be placed below the eaves of a roof
or no higher than the parapet of a wall.
(4)
The use of portable signs shall be permitted in accordance with
the following provisions:
(a)
The use of portable signs, on a permanent basis, is prohibited
in all zoning districts.
(b)
The temporary use of portable signs shall be permitted only
in the P Professional District.
(c)
"Temporary use" shall mean the use of any such sign on any one
premises no more than 20 days per calendar year.
(d)
The temporary use of such signs shall be in accordance with
the placement regulations and area requirements for freestanding signs.
(e)
Application for a portable sign permit must be made to the Township
accompanied by a cash deposit in an amount to be set by resolution
of the Board of Supervisors as a guarantee that the portable display
shall be promptly and completely removed at the end of the period
authorized.
(f)
Any portable sign which is electrically energized or which contains
any electrical device must conform to the same requirements and standards
which cover permanent electric signs under this chapter.
(g)
Portable signs may not revolve, be animated, include pennants,
or have flashing lights.
(h)
Not more than one such sign shall be used at anytime on a premises
held in single and separate ownership.
In the C Commercial, CS Shopping Center, and GB General Business
Districts, the following standards shall govern:
A.
General regulations. Except as specifically permitted in § 500-2811D, below, animated signs, billboards, commercial outdoor advertising, monument displays, projecting signs, revolving signs, portable signs and roof signs are prohibited.
[Amended 1-17-2017 by Ord. No. 17-01]
B.
On-premises signs.
(1)
Any sign, except portable signs, permitted in the A-O Apartment-Office, OC Office Campus, and P Professional Districts shall be permitted in accordance with § 500-2810 of this chapter; provided, however, whenever the requirements of this section for such signs are in conflict with the requirements of § 500-2810 the most restrictive or the section imposing the higher standards shall govern.
(2)
Freestanding signs.
(a)
Number of signs. There shall be only one freestanding sign per
premises, except as follows:
(b)
Sign area and height. The maximum sign area per frontage and
the maximum height per sign shall be determined by the length of frontage
per premises in accordance with Table 1. The maximum size of any one
sign shall be 150 square feet. The maximum height of any sign shall
be determined in accordance with Table 1 based on the sign area.
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Table 1
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a.
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Freestanding signs which front on Old Lincoln Highway, Lincoln
Highway, Woodhouse Road, New Rogers Road and Oxford Valley Road, where
these are four lanes.
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 |
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b.
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Freestanding signs which face on all other roads.
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 |
(3)
Wall and permanent window signs. In lieu of a projecting sign as provided in Subsection B(4) below, a wall or permanent widow sign may be erected in accordance with the following provisions:
(a)
Number of signs. There shall be no more than one wall or permanent
window sign per facade per occupant.
(b)
Sign height. Such signs shall be placed below the eaves of a
roof or no higher than a parapet of a wall.
(c)
Sign area. For signs placed on facades fronting on a street,
such signs shall not exceed 10% of the facade area or that portion
of such facade which is devoted to such establishment or 100 square
feet, whichever is less. For signs fronting on rear or side yards
and not on a street, such signs shall not exceed 5% of the facade
area or that portion of such facade which is devoted to such establishment
or 60 square feet, whichever is less.
(4)
Projecting signs. In lieu of a wall or permanent window sign as provided in Subsection B(3) above, a projecting sign may be erected in accordance with the following provisions:
(a)
Such signs shall have a sign area no greater than eight square
feet per side and a minimum clearance of 10 feet from the sidewalk
and shall be mounted as nearly as possible perpendicular to the building
face.
(b)
One such sign may be permitted for each entrance to a facility
served by a canopy or other pedestrian walkway, provided that they
do not exceed eight square feet in area.
(6)
Changeable copy sign.
(a)
A changeable copy sign shall be displayed only as a part of
a freestanding or wall sign, subject to all regulations applying to
those signs.
(b)
The changeable copy sign shall not exceed 1/3 of the total proposed
area of the wall or freestanding sign.
(c)
Any such device with alternating messages shall display each
message for not less than three seconds.
(7)
Commercial directional sign. On-premises directional signs which
are designed and erected solely for the purpose of traffic or pedestrian
direction on properties on which the principal use is a commercial
establishment.
(a)
Such signs shall not exceed 16 square feet in size.
(b)
The message on such signs shall be limited to direction, hours
of operation, or building identification or purpose.
(c)
Such signs shall be placed so as to meet the requirements of § 500-2804, Placement of signs, except that one such sign may be placed at an entrance or exit to the property. The message on such sign shall be limited to the words "enter," "exit," "entrance," "in," "out," or similar words of direction. The sign shall be placed to ensure proper sight distance in accordance with § 500-2804B and shall not exceed four square feet in area.
C.
Off-premises signs. Any such sign as permitted in the RA-1, RA-2, RA-3, OR, R-1, R-2, R-3, MR, RC and MHP Districts shall be permitted in accordance with § 500-2809 of this chapter.
D.
Monument displays.
[Added 1-17-2017 by Ord.
No. 17-01]
(1)
A monument display is permitted in the C Commercial District
subject to the following regulations:
(a)
The monument display shall be located along Lincoln Highway
(Business U.S. Route 1).
(b)
The monument display shall be located within:
(c)
A monument display may constitute another principal use on a
lot.
(d)
A monument display may display on-premises and off-premises
commercial advertising.
(e)
A monument display shall provide availability and display time
for municipal, civic and emergency messaging.
(f)
Maximum active area. The maximum active area of a monument display
shall be 490 square feet per each sign face with a monument display
having no more than three separate active areas each oriented towards
distinct roadways directions.
(g)
Monument display height. The maximum height of a monument display
structure shall not exceed 45 feet when measured from the grade of
the road from which the monument display structure is primarily intended
to be viewed.
(h)
Spacing. No monument display shall be located within 500 feet
of another monument sign display.
(i)
Setbacks.
[1]
Maximum setback from the legal or existing right-of-way.
The nearest edge of the active area of a monument display shall be
located no more than 35 feet from the edge of the legal or existing
right-of-way of the roadway from which the monument display is intended
to be primarily visible.
[2]
Minimum setback from existing residences. A monument
display shall be a minimum of 400 feet from any existing single-family
detached residence at the time a monument display permit application
is submitted.
(j)
Illumination. A monument sign may be illuminated, provided that:
[1]
The illumination for a monument display shall incorporate
a minimum of three types of visual communication technology (VCT).
[2]
All monument displays shall incorporate ambient
light sensors that measure the levels of surrounding light and automatically
reduce the intensity of illumination during periods of darkness or
increase the intensity of illumination during periods of brightness.
(k)
A monument display using light-emitting diodes (LEDs) as its
VCT shall have a resolution of 16 mm or better.
(l)
Intensity of illumination. No monument display shall exceed
a maximum illumination intensity of 500 nits during nighttime hours
(dusk until dawn) and 7,500 nits during daytime hours (dawn until
dusk) when the active area is in direct sunlight.
(m)
Maximum light spillage or glare. A monument display shall not
spill light or glare exceeding 0.3 footcandles of light above the
ambient light levels measured in accordance with this section.
[1]
Light spillage or glare shall be measured by a
professional lighting consultant, hereinafter referred to as the "Lighting
Inspector," and shall be performed by the Township, upon completion
of construction of the monument sign and prior to the issuance of
a permit for the operation of the monument display. A follow-up inspection
shall be performed by the Lighting Inspector 12 months from the date
of the issuance of the permit for the operation of the monument display.
At any time, on demand and upon 15 days' prior written notice by the
Township, additional inspections may be requested and performed by
the Township. The Lighting Inspector shall use a properly calibrated
low-level footcandle light metering device with a two-decimal-place
capability at a height of five feet above the grade of the monument
display held at a preset distance from the monument display called
the "illuminance measurement distance," which is calculated in accordance
with the formula below. The Lighting Inspector shall aim the light
meter toward the monument display perpendicular from the illuminance
measurement distance. When a measurement from the required distance
is obstructed by private property, a building, or other permanent
structure, the measurement shall be taken from the furthest possible
perpendicular extent.
|
Illuminance Measurement Distance = √(Active VCT area
x 100\(Sq. Ft.))
|
[2]
In order to determine the ambient light level,
the Lighting Inspector shall employ one of two methods at his or her
discretion as follows:
[a]
Inactive monument display. Upon 24 hours' notice
to the monument display operator, the Lighting Inspector can require
the operator to momentarily turn off the active area, during which
time the Lighting Inspector shall position the light meter at an elevation
of five feet above the grade at the illuminance measurement distance.
Immediately following measurement of the ambient light level, the
active area shall be turned back on, whereupon the Lighting Inspector
shall measure the light spillage or glare emanating from the active
area to determine compliance.
[b]
Active monument display. The Lighting Inspector
shall aim the light meter toward the active area but shall place an
opaque black sheet of material that is of an appropriate size to obstruct
the light meter from reading any light emanating from the active area.
A material size of 12 inches high by 40 inches is recommended but
subject to the discretion of the Lighting Inspector. The material
should be placed at a distance of 10 feet away from the Lighting Inspector
in between the monument display and the Lighting Inspector. Please
see Diagram A below for an illustration.
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Diagram A: Measuring Ambient Light Level
 |
[i]
If measuring the illumination intensity during
daytime hours (dawn to dusk), the Lighting Inspector shall conduct
the measurement within a time frame of at least 30 minutes after dawn
and 30 minutes before dusk. If measuring during nighttime hours (dusk
to dawn), the Lighting Inspector shall conduct the measurement within
a time frame of at least 60 minutes after dusk but 60 minutes before
dawn.
[ii]
All light meter measurements shall be represented
by two circles, a larger field of view circle and a smaller target
area circle inside the view finder. The Lighting Inspector shall position
the target area circle so it falls entirely within the brightest portion
of the active area that is being measured, as outlined in Diagram
B below.
|
Diagram B: Measuring Ambient Light Level
 |
[3]
A monument display shall not use an active area
background consisting of bright white.
(n)
Automatic changeable copy. A monument display may have changeable
copy, provided that:
(o)
Operation and maintenance.
[1]
Hours of operation. The hours of operation of a
monument display shall be 6:00 a.m. to 12:00 midnight, and the monument
display shall be turned off between the hours of 12:00 midnight and
6:00 a.m.
[2]
Maintenance. The owner or operator of the monument
display shall continuously maintain the monument display structure
and surrounding associated area. At its discretion, the Township may
perform annual inspections of the monument display to determine compliance
with the monument display permit. Any noncompliance shall be corrected
(or commercial reasonable shall be taken) within 30 days of written
notice from the Township. Every five years, or more frequently if
the Township believes it necessary, the owner or operator of the monument
display structure shall have a Pennsylvania-registered structural
engineer inspect the monument display structure and provide the Township
with a certificate from the engineer certifying that the monument
display structure is structurally sound.
(p)
Landscaping.
[1]
Any and all landscaping associated with the monument
display shall be submitted to the Township for review and approval
as part of the monument display permit application.
[2]
Any monument display design that incorporates landscaping
shall require the owner and operator (the entity, person, or individual
who owns the Pennsylvania Department of Transportation outdoor advertising
sign permit for the specific monument display) to permanently maintain
the landscaping and to execute a maintenance agreement with the Township
that will include the posting of escrow in an amount sufficient to
replace any diseased or dead landscaping in the event the owner and/or
operator fails to do so.
(q)
Restrictions. A monument display shall not:
[1]
Advertise adult or sexually oriented businesses
or materials, hate speech, advertisements related to abortion, or
otherwise display any content prohibited by 18 Pa.C.S.A. § 5903.
[2]
Advertise obscene or profane language.
[3]
Emit any verbal or musical announcements or noises.
[4]
Display any moving, flashing, scrolling or animated
text or video.
(r)
Architectural requirements. The architecture of a monument display
shall incorporate visual art or architecture elements in addition
to its messaging function, thereby creating a unique or distinctive
architectural design.
[1]
As part of the monument display permit application,
the applicant shall submit conceptual architectural renderings elevations
of the monument display and the surrounding area and built environment
in a three-dimensional software platform, together with a general
list of proposed building materials for review and approval by the
Township.
[2]
A monument display design shall incorporate one
or more of the following architectural elements: stone, stucco, wood,
brick, ornamental iron or decorative steel.
[3]
The Township may require a monument display to
display the name of the municipality as part of the structure.
(s)
Monument display permit application procedure. A monument display
application shall be submitted, reviewed and approved under the Township's
standard building permit process. A monument display shall not require
subdivision and land development approval.
[1]
The Township shall review and issue its comments
to any proposed monument display architecture within 60 days of submission
of a monument sign display permit application and any subsequent revised
submissions.
[2]
Revisions to a proposed monument display architecture
or design shall not be considered a substantial amendment requiring
a formal resubmission of a monument display permit application.
[3]
Based upon comments received from the Township,
the applicant shall be permitted to revise the monument display design
as many times as may be necessary to obtain architecture and design
approval.
In the M-1 Manufacturing Districts the following standards shall
govern.
A.
On-premises signs.
(1)
Any sign, except portable signs, permitted in all other districts shall be permitted in accordance with §§ 500-2809, 500-2810 and 500-2811 herein; provided, however, whenever the requirements of this section for such signs are in conflict with the requirements of §§ 500-2809, 500-2810 and 500-2811 the most restrictive or the section imposing the higher standards shall govern.
(2)
Animated signs. A sign may be animated, provided that the total
cycle of motion or illumination does not exceed six times per minute.
(3)
Projecting signs.
(a)
Projecting signs are permitted, provided the area of such sign
does not exceed one square foot for each two lineal feet of building
frontage which is perpendicular to the sign. No projecting sign may
be larger than 50 square feet nor may any projecting sign extend in
a vertical dimension above the roofline or highest architectural point
of a building.
(b)
Projecting signs shall have a minimum clearance of 10 feet between
the bottom of the sign and the ground and, if projecting over a public
sidewalk, may project not more than 2/3 the width of the sidewalk.
(c)
Projecting signs may exist instead of but not in addition to
freestanding signs on a given premises. Where a premises is allowed
two or more freestanding signs, a projecting sign may be used to substitute
for one of the freestanding signs.
(4)
Revolving signs. Such signs shall be permitted in accordance
with the regulations in this section for freestanding signs, provided
they do not exceed four revolutions per minute.
(5)
Roof signs.
(a)
The maximum area of a roof sign shall not exceed 5% of the total
area of the building facade upon which the roof sign sits.
(b)
The maximum height that a roof sign may project above a parapet
or eaves of a building shall be equivalent to 20% of the height of
the building facade.
(c)
Roof signs may exist instead of but not in addition to freestanding
signs on a given premises. Where a premises is allowed two or more
freestanding signs, a roof sign may be used to substitute for one
of the freestanding signs.
B.
Off-premises signs.
(1)
Any such sign as permitted in the RA-1, RA-2, RA-3, OR, R-1, R-2, R-3, MR, RC and MHP Districts shall be permitted in accordance with § 500-2809 of this chapter.
(2)
Commercial outdoor advertising signs.
[Amended 1-17-2017 by Ord. No. 17-01]
(a)
General regulations.
[1]
Only one commercial outdoor advertising sign may
be erected on each lot, and a lot may not be further subdivided in
order to create an additional commercial outdoor advertising sign.
[2]
A commercial outdoor advertising sign may constitute
a second principal use on a lot.
[3]
A commercial outdoor advertising sign shall be
located on property adjacent to and shall be directed only toward
vehicular traffic travelling on U.S. Route 1.
[4]
A commercial outdoor advertising sign shall provide
availability and display time for municipal, civic and emergency messaging.
(d)
Area and height.
[1]
No outdoor advertising sign shall be permitted
to exceed a maximum sign area of 672 square feet in copy sign area.
An outdoor advertising sign is permitted to have two sides back to
back or V-shaped with a horizontal angle not greater than 90°,
with each side having a maximum copy sign area of 672 square feet.
[2]
No outdoor advertising sign shall be permitted
to exceed 45 feet in height above the elevation of the highway directly
opposite the proposed sign.
(e)
Illumination. An outdoor advertising sign may be illuminated in accordance with § 500-2811D(1)(j) through (m).
(f)
Changeable copy. An outdoor advertising sign may have changeable
copy, provided that:
[1]
Dwell time. No outdoor advertising sign shall change
message or copy on the active area more than once every seven seconds.
[2]
Message or copy transition. All message or copy
changes shall be instantaneous; there shall be no scrolling, fading,
animated, flashing or moving messages or copy.
[3]
The outdoor advertising sign is more than 2,000
feet away from another changeable copy outdoor advertising sign, regardless
of which side of the highway the other changeable outdoor advertising
sign is located.
(g)
Restrictions. An outdoor advertising sign shall not:
[1]
Advertise adult or sexually oriented businesses
or materials, hate speech, advertisements related to abortion, or
otherwise display any content prohibited by 18 Pa.C.S.A. § 5903.
[2]
Advertise obscene or profane language.
[3]
Emit any verbal or musical announcements or noises.
[4]
Display any moving, flashing, scrolling or animated
text or video.
(h)
Hours of operation. Commercial outdoor advertising signs may
operate continuously for successive twenty-four-hour periods.
