[Amended 4-21-2010 by Ord. No. 3-2010]
A.
Purposes. This article is intended to promote and
maintain overall community beautification; establish reasonable time,
place and manner regulations on the exercise of free speech, without
regulating content; promote traffic safety by avoiding distractions
and sight distance obstructions; protect property values and ensure
compatibility with the neighboring existing and planned land uses;
and assist in carrying out the goals of the Pennsylvania Outdoor Advertising
Act, as amended.[1]
[1]
Editor's Note: See 36 P.S. § 2718.101
et seq., the Outdoor Advertising Control Act.
B.
Permit required; fee. If a sign is not listed within
the City Code's "Table of Miscellaneous Signs Not Requiring Permits,"[2] or if it is not a nonpermanent window sign, a permit under
this chapter shall be required for display of such a sign. Only types,
sizes and heights of signs that are specifically permitted by this
chapter within the applicable district shall be allowed.
(1)
A
fee shall accompany each application for a permit. Such fees shall
be established and revised from time to time by resolution of the
City Council.
(2)
Each
sign permit application shall be accompanied by a drawing to scale
showing the proposed sign, its dimensions, highest point above ground
level, material, method of illumination, and exact location on the
lot or structure involved, and other data as the Zoning Officers may
require.
[2]
Editor's Note: The table of sign requirements is included at the end of this chapter.
C.
Notice
of noncompliance; violations and penalties.
(1)
Notice. If a sign: is displayed before a required permit has been obtained; or is displayed although prohibited under § 375-58; or which does not require a permit for display is not removed within the time period required by the City Code's "Table of Miscellaneous Signs Not Requiring Permits," the Zoning Officers shall notify the record owner of the property and/or the party or parties identified as responsible for display of the sign that the sign must be completely removed within 14 days from the date of the notice, subject to penalty for noncompliance. After removal, the responsible party may apply for a sign permit, unless the sign is prohibited under § 375-58.
(2)
Failure to comply. If any sign described under § 375-50C(1) has not been removed upon the expiration of the fourteen-day notice period, the record owner of the property and/or the party or parties responsible for display of the sign shall be in violation of this chapter. Each sign displayed in violation of this chapter shall constitute a separate violation. The Zoning Officers shall issue the citation directly to the parties responsible, if feasible, and file the citation at the office of the Magisterial District Justice of the City. Upon conviction thereof in a summary proceeding before the Magisterial District Justice, a fine shall be imposed of not less than $75 and no more than $300, for each violation.
(3)
Appeal to Zoning Hearing Board. In the event the Zoning Officers issue or file a citation on the grounds that a sign is prohibited under Article VIII, and the party cited challenges the validity of the ordinance or the Zoning Officers' interpretation thereof, that party may appeal the validity or interpretation to the Zoning Hearing Board within 30 days after the filing of the citation. Notice of this right shall be stated by the Zoning Officers on the notice and citation issued.
D.
Changes on signs. Lawfully existing signs may be painted,
repaired or changed in message without issuance of a new permit under
this chapter, provided that the changes do not increase the sign area,
otherwise conflict with this chapter, or expand a prior nonconformity.
Signs legally existing at the time of enactment
of this chapter which do not conform to the requirements of the Zoning
Ordinance shall be considered nonconforming signs. An existing lawful
nonconforming sign may be replaced with a new nonconforming sign,
provided that the new sign is not more nonconforming in any way than
the old sign.
The following signs[1] shall be permitted by right within all zoning districts
within the following regulations and shall not be required to have
a permit under this article. Unless otherwise stated, each sign listed
below shall have a maximum height of 10 feet.
[1]
Editor's Note: The table of sign requirements is included at the end of this chapter.
A.
The following[1] are the signs permitted on a lot within the specified district and within the following regulations, in addition to exempt signs and temporary signs permitted in all districts by other provisions of this article. See definitions of the types of signs in § 375-60.
[1]
Editor's Note: The table of sign requirements is included at the end of this chapter.
B.
Maximum height of wall signs. The maximum height of
wall signs shall be equal to the total height of the building to which
they are attached.
C.
Portable signs.
(1)
Purpose. These standards recognize portable signs
as a particular type of sign that has the characteristics of a temporary
sign but that has been inappropriately used as a permanent sign. This
section is based on the policy that if a use desires to regularly
display a sign for regularly changing messages, that it erect a permanent
sign within all of the requirements of this chapter.
(2)
PORTABLE SIGN
Definition of a portable sign.
A freestanding sign that is attached to a chassis that allows
it to be towed from one location to another or that can be transported
on a flatbed truck and that is not permanently attached to a building
or the ground.
(3)
A portable sign, including any such sign that may
have been displayed prior to the adoption of this chapter and which
does not have a lawful permit as a permanent sign, shall only be permitted
if it meets all of the following requirements:
(a)
Shall be permitted only on the lot of a permitted
principal commercial use.
(b)
Shall have a maximum sign area of 40 square
feet on each of a maximum of two sides.
(c)
Shall only include one sign per principal use
or per lot, whichever is more restrictive.
(d)
Shall need a sign permit, which shall state
the dates during which the sign may be displayed.
(e)
Shall only be displayed on a lot for one period
per year, which shall not exceed 30 days during a calendar year. Failure
to remove the sign after the 30 days shall constitute a zoning violation.
(f)
Shall not obstruct safe sight distance to vehicles
within or off the lot; shall not be placed within the existing street
right-of-way.
(g)
Shall not include flashing or blinking lights.
Signs advertising a use no longer in existence
(other than a sign relating to a building that is clearly temporarily
vacant and being offered to new tenants or for purchase) shall be
removed within 180 days of the cessation of such use.
The following shall regulate the location of
signs:
A.
Setback from streets. No sign except official signs,
nameplate signs, public service signs and directional signs shall
be erected within or project over any existing or established future
street right-of-way.
B.
Sight distance. No sign shall be so located or arranged that it interferes with the sight distance requirements of § 375-64 or safe sight distances for vehicles within a lot. Signs in a location that may reduce sight distance shall have a minimum clearance of three feet above the ground, except for structural posts.
C.
Off-premises. No signs except permitted off-premises,
official, political or public service signs shall be erected on a
property to which it does not relate.
D.
Setbacks from lot lines. A freestanding sign for a
commercial or industrial business shall not be located within 20 feet
of the lot line of a residential lot line. A sign is not required
to meet setback requirements for accessory structures.
E.
Permission of owner. No sign shall be posted on any
property or sign pole or public utility pole, unless permission has
been received by the owner.
Any vehicle or structure to which a sign is
affixed in such a manner that the carrying of such sign or signs no
longer is incidental to the primary purpose of the vehicle or structure
but becomes a primary purpose in itself shall be considered a freestanding
sign and as such shall be subject to requirements for freestanding
signs in the district in which such vehicle or structure is located.
The following signs are prohibited in all zoning
districts:
A.
Spinners or any moving object used to attract attention
to a commercial use.
B.
Flashing, blinking, twinkling, animated or moving signs of any type, except time and temperature signs. This restriction specifically includes window signs, but does not prohibit holiday lighting or displays, within § 375-52.
[Amended 4-21-2010 by Ord. No. 3-2010]
C.
Signs which emit smoke, visible vapors or particles,
sound or odor.
D.
Signs which contain information that states or implies
that a lot may be used for any purpose not permitted under the applicable
provisions of this chapter.
E.
Signs that are of such character, form, shape or color
that they imitate or resemble any official traffic sign, signal or
device or that have any characteristics which are likely to confuse
or distract the operator of a motor vehicle on a public street (such
as prominent use of the words "Danger" or "Stop").
F.
Signs or displays that include words or images that
are obscene, pornographic or that an average reasonable person would
find highly offensive to public decency.
G.
Signs attached by tacks, staples or other metal fasteners
to utility poles.
Every permanent sign permitted in this section
shall be constructed of durable materials and shall be kept in good
condition and repair. The Zoning Officer shall by written notice require
a property owner or lessee to repair or remove a dilapidated or unsafe
sign within a specified period of time. If such order is not complied
with, the City may repair or remove such sign at the expense of such
owner or lessee.
A.
BUILDING FACE
FREESTANDING SIGN
HEIGHT OF SIGN
ILLUMINATED SIGN, INTERNALLY
OFF-PREMISES SIGN
SIGN
WALL SIGN
WINDOW SIGN
Sign definitions. The following definitions shall
be used in determining whether signs meet the measurement and type
requirements of this article:
The vertical area of a particular side of a building, including
the vertical area in front of any slanted roof.
A sign which is self-supporting upon the ground or which
is primarily supported by poles attached to the ground and not primarily
supported by a building.
The vertical distance measured from the average ground level
surrounding a sign to the highest point of the sign and its supporting
structure. Religious symbols, when not accompanied by lettering, shall
not be restricted by the sign heights of this article.
A sign illuminated by light from within the sign rather than
a source adjacent to or outside of the sign. A sign within a display
case with lights only shining onto the front of the sign shall be
considered to be externally illuminated.
See Article II.
See Article II.
A sign primarily supported by or painted on a wall of a building
and which does not project more than two feet from such wall.
A sign which is readily visible and can be at least partially
read from an exterior lot line and which is attached to a window or
transparent door or that can be read through a window or transparent
door.
B.
Measurement of sign area.
(1)
Sign area shall include all lettering, wording and
accompanying designs and symbols, together with related background
areas on which they are displayed. One freestanding sign may include
several signs that are all attached to one structure, with the total
sign area being the total area of all signs on the structure.
(2)
The sign area shall not include any structurally supporting
framework, bracing or clearly defined wooden framing if such area
does not include any display, lettering or sign and if such area is
clearly incidental to the sign area itself.
(3)
Where the sign consists of individual letters or symbols
attached to or painted directly on a building or window, other than
an illuminated background that is a part of the sign, the sign area
shall be the smallest rectangle that includes all of the letters and
symbols.
(4)
In computing the permitted sign area of a sign with
two sides, the permitted total sign area shall be based upon the sign
area of only one side (the larger of any two if they differ).
(5)
Unless otherwise specified, all square footages in
regards to signs are maximum sizes.
C.
Flags and banners are permitted, provided that any
flag or banner having a commercial message shall be regulated the
same as a sign.
A.
Purposes. Off-premises signs are controlled by this chapter for the following purpose: to ensure that a physical environment is maintained that is attractive to desirable types of development; to prevent visual pollution in the City and to protect property values, especially in consideration of the fact that most commercial areas of the City are within proximity to existing residences; to prevent glare on adjacent property and streets; to protect the open space and natural character of areas of the City; to avoid the creation of additional visual distractions to motorists, especially along the high-speed expressways and along busy arterial streets that involve complex turning movements, congestion and numerous traffic hazards; to recognize the numerous alternative forms of free speech available in the City, including existing nonconforming off-premises signs, on-premises signs and temporary signs and printed and electronic media; to recognize that this chapter allows every landowner a reasonable use for their land; to avoid off-premises signs that would have an unfair advantage over on-premises signs in the competition for attention, because off-premises signs typically are higher and larger than on-premises signs; to carry out the purposes listed in § 375-50.
B.
Nonconforming off-premises signs. This section is
not intended to require the removal of an existing lawfully placed
off-premises sign that is in structurally sound condition.
C.
Commercial and noncommercial. This section applies
to both commercial and noncommercial off-premises signs except as
may be specifically provided for elsewhere in this chapter.
D.
PennDOT Sign. Signs erected and maintained by the
PennDOT are permitted by right in all districts. Such signs that identify
business services available at an interchange are specifically encouraged
as an appropriate and orderly means of providing information without
causing visual pollution or traffic hazards.
E.
Based directly on the intent statements within this chapter, off-premises signs are only permitted if they meet the following requirements, except for signs not requiring a permit under § 375-52.
(1)
District. An off-premises sign is only permitted in
the commercial and industrial districts and shall require conditional
use approval.
(2)
Location. An off-premises sign is only permitted within
a maximum of 200 feet of existing right-of-way of an arterial street
and a minimum of 10 feet from any nonresidential lot line. Any off-premises
sign shall be set back a minimum of 20 feet from all existing and
future street rights-of-way. No off-premises sign shall be located
within 200 feet of an existing residential lot line.
(3)
Maximum sign area: 200 square feet.
(4)
Spacing. Any off-premises sign shall be separated
by a minimum of 1,500 feet from any other off-premises sign, including
signs on either side of a street and including existing signs in other
municipalities. No lot shall include more than one off-premises sign.
(6)
Attached. No off-premises sign or sign face shall
be attached in any way to any other off-premises sign. Off-premises
signs shall have a maximum of two sign faces.
(7)
Lighting and glare. No off-premises sign shall be
illuminated.
