[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.
B. Permit required; fee. If a sign is not listed within
the City Code's "Table of Miscellaneous Signs Not Requiring Permits," 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.
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 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.
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.
F. Utility poles. No sign shall be stapled or nailed to a utility pole, except by an authorized utility. See also §
375-58G.
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.