A.
Any sign hereafter erected, altered, rebuilt, enlarged,
extended, relocated or maintained in the Borough shall conform with
the provisions of this chapter and any other regulation or code of
Prospect Park relating thereto.
B.
It shall be unlawful for any person, firm, corporation or individual to erect and maintain signs, ground signboards, roof signboards, all bulletins, projecting signs, marquees and marquee signs without first obtaining a permit from the Borough, except those listed specifically in § 70-46C.
C.
No display sign shall hereafter be erected or attached to, suspended from or supported on a building or structure and no display sign shall hereafter be altered, rebuilt, enlarged, extended or relocated until a permit for the same has been obtained, except those listed specifically in § 70-46C.
D.
Application for such permits shall be made, in writing,
to the Borough and shall present full particulars as to size, shape,
material, supports, location and height above the sidewalk or ground,
together with the written consent of the owner of the property on
which the sign is to be located. All applications shall be accompanied
by a plan drawn to scale, showing the sign, its size and its location
with respect to the boundaries of the lot upon which it is situated.
E.
Nonconforming signs. Signs and their respective illumination
existing at the time of the passage of this chapter and which do not
conform to the requirements of this chapter shall be considered nonconforming
signs and, once destroyed or removed, shall be replaced only with
conforming signs and lighting. Nonconforming signs may be painted,
repaired (including lighting) and altered in their wording, provided
that such modifications do not exceed the dimensions of the existing
signs.
F.
Abandoned signs. No person shall maintain or permit
to be maintained on any premises owned or controlled by him a sign
which has been abandoned. An abandoned sign, for the purpose of this
chapter, is a sign erected on and/or related to the use of a property
which becomes vacant and unoccupied for a period of six months or
more or any sign which was erected for a prior occupant or business
or any sign which relates to a time, event or purpose which is past.
Any such abandoned sign shall be removed by the landowner or person
controlling the property within 10 days of the abandonment described
above.
G.
The Borough is hereby authorized and empowered to
revoke any permit issued by it upon failure of the holder thereof
to comply with any provision of this Article.
B.
No permit shall be issued for any sign unless the
applicant shall file a bond conditioned to save harmless the Borough
from any damage or injury that might result by reason of the construction,
alteration, repair, relocation, enlargement or maintenance of such
sign. The amount of such bond, which shall be with corporate surety
approved by the Borough Council, shall be in the sum of $5,000 to
$10,000 in the case of any sign weighing 250 pounds. As an alternative
to the filing of such bond, the applicant may file with the Borough
a certificate issued by an insurance company setting forth that the
applicant carries public liability insurance for $10,000 to $20,000
and said insurance shall be continued in full force and effect during
the effective term of the permit.
A.
Prohibited signs. It is unlawful to erect or maintain
the following signs:
(1)
Spinning, animated, twirling or any other moving objects
used for advertising purposes, whether containing a message or not.
(2)
Flashing, blinking, twinkling, animated or lighted
moving signs of any type, except those portions of signs which indicate
time and temperature changes.
(3)
Advertising cloth or paper banner or signs of any
similar character suspended or hung on any property, except for promotional
banner or banners which may be temporarily suspended across streets
upon special permission of the Borough for a time period not to exceed
45 days.
(4)
Wall bulletins or any other signs painted directly
on the facade of a building or other structure.
(5)
[1]Signs on mobile stands which can be moved from place to
place and thereby not permanently affixed to the ground.
[1]
Editor's Note: Former Subsection A(5), Outdoor
advertising billboards, was repealed 9-12-2000 by Ord. No. 1217, approved
9-12-2000. This ordinance also provided for the renumbering of former
Subsection A(6) through (12) as Subsection A(5) through (11), respectively.
(6)
Curb or sidewalk signs or signs painted, attached
or suspended from any outdoor bench, chair or other structure.
(7)
Swinging and hanging signs.
(8)
Any lighted signs which are not internally illuminated.
(Example: direct floodlighting onto a wood pole sign.)
(9)
Signs and advertisements which are tacked, pasted,
tied or otherwise affixed to poles, posts, trees, buildings, fences
or other structures located on public property in the Borough of Prospect
Park.
(10)
Unsafe and unlawful signs. If the Code Enforcement
Officer finds that any sign or other advertising structure regulated
herein is unsafe or insecure or is a menace to the public or has been
constructed or erected or is being maintained in violation of the
provisions of this chapter, he shall give written notice to the permittee
thereof. If the permittee fails to remove or alter the structure so
as to comply with the standards herein set forth within 10 days after
such notice, such sign or other advertising structure may be removed
or altered to comply by the Borough at the expense of the permittee
or owner of the property upon which it is located. The Borough shall
refuse to issue a permit to any permittee or owner who refuses to
pay costs so assessed. The Borough may cause any sign or other advertising
structure which is an immediate peril to persons or property to be
removed summarily and without notice.
(11)
Sign place, inscribed or supported upon the
roofline or any structure which extends above the roofline of any
building.
B.
General restrictions and standards. The following
restrictions shall apply to all permitted signs:
(1)
No sign shall be located, arranged or placed in a
position that will cause danger to traffic or will interfere with
traffic through glare, blocking of required sight lines or streets,
sidewalks or driveways, confusion with a traffic control device by
reason of color, location, shape or other characteristic or through
any other means.
(2)
No sign of any size or description shall be placed
where streets intersect so that traffic will not be obscured from
view, and no sign shall be placed so that it will obstruct pedestrian
traffic.
(3)
Every sign must be constructed of durable materials
and shall be solidly and firmly attached, supported and/or anchored
to the supports or framework.
(4)
Every sign must be kept in good condition and repair.
Any sign which is allowed to become dilapidated shall be removed by
and at the expense of the landowner or lessee of the property on which
it is located.
(5)
No sign, other than a sign of a duly constituted governmental
body, shall be erected within the right-of-way lines of any street,
unless specifically authorized by other ordinances or regulations
of the Borough or specifically permitted hereinafter. All signs which
may be located within a right-of-way will comply with all prevailing
regulations of the Pennsylvania Department of Transportation.
(6)
All permanent signs affixed to any permitted building
shall be integrated into the architectural design of the building
of which they are placed.
(7)
There shall be no more than one sign for every 500
feet of frontage or undeveloped land set back a distance of 15 feet
from the right-of-way line or 25 feet at street intersections.
(8)
Double-faced signs.
(a)
Any sign may be double-faced, provided that
it has two parallel surfaces that are opposite and matching in size
and shape and are not over 12 inches apart.
(b)
The sign shall be considered as one sign and
only one face shall be used to calculate the total size of the sign.
(c)
Should the two surfaces deviate from being parallel
or should they differ in size or shape, the sign shall be considered
as two signs.
(9)
Freestanding signs. Such signs shall be permitted
on the premises of the use for which they are intended and may be
erected, provided that:
(a)
No freestanding signs shall be erected closer
to the street line than five feet or 1/2 the distance between the
street line and the building at its closest point, whichever is less.
However, in the case of a street where the cartway is considerably
narrow relative to the width of the right-of-way, a sign may be placed
within the right-of-way, as close as possible to the edge of the right-of-way,
provided that the landowner submits a letter at the time when he or
she applies for a sign permit stating that the sign will be moved
out of the right-of-way should the right-of-way be subject by the
Borough or the state as applicable. The determination of the precise
placement of the sign shall be made by the Borough Council for rights-of-way
owned and maintained by the Borough and by the Pennsylvania Department
of Transportation for rights-of-way owned and maintained by the state.
(b)
No portion of said sign shall be less than eight feet above the average ground level, except as specified hereafter in Subsection B(10) below, which regulates ground signs.
(c)
No portion of said sign shall exceed 14 feet
above the average ground level, except in the C-1, C-2 and R-2 Districts.
(d)
No projecting sign shall be permitted within
25 feet of any other projecting sign.
(10)
Ground signs.
(a)
The bottom or lowest edge of any ground sign
shall be no closer to the ground level than five feet. At least 3 1/2
feet of the upper portion of the five-foot space shall be open and
unobstructed. No more than 18 inches above the ground level can be
devoted to flowers, ground covers and low-spreading shrubs. Such plantings
shall be maintained at the maximum height of 18 inches and shall be
free of weeds, debris and other undesirable material.
(b)
All single-post ground signs shall be made of
metal or steel, except for those used in residential districts which
may be made of pressure-treated timbers. All such posts shall be imbedded
in the ground at three feet six inches, unless otherwise so directed
by the Borough.
(11)
Projecting signs. Such signs may be erected
and maintained, provided that:
(a)
No such sign shall project more than 12 inches
beyond the building line if internally illuminated and not more than
four inches if it is not internally illuminated, except that no sign
shall project over a public sidewalk area.
(b)
All projecting signs shall be rigidly affixed
to the building and to all supporting and framing structures, attachments
and hardware.
(12)
Marquees. A marquee shall not be erected for
the purpose of a sign, but a bona fide marquee, built to conform to
the Building Code[2] of the Borough of Prospect Park, may support an electric
sign with advertising device. Such sign erected on such marquee shall
not exceed the vertical dimensions of the face of the marquee. The
lowest part of any marquee shall be 10 feet above any paving or sidewalk.
(13)
Awnings and canopies.
(a)
Awnings and canopies may be constructed of cloth
or metal; provided, however, that all frames and supports shall be
of metal.
(b)
Every awning shall be securely attached to and
supported by the building.
(c)
All awnings and canopies shall be constructed
and erected so that the lowest portion thereof shall be not less than
eight feet above the level of sidewalk or public thoroughfare and
not extended beyond the property line.
(14)
Off-premises signs.
(a)
No more than two off-premises signs shall be
permitted for any land development and not more than one of such signs
shall be permitted on a property in single and separate ownership.
(b)
Each off-premises sign must be permitted by
the landowner of the premises upon which it is erected.
(c)
No off-premises sign shall exceed 10 square
feet in size.
(15)
Illuminated signs.
(16)
Each sign shall be removed within 10 days of
the time when the circumstances leading to its erection no longer
apply or as provided for otherwise herein.
(17)
All sign provisions of this article shall apply
to smokestacks, water towers, silos and other similar structures.
(18)
Billboards. Billboards maybe erected and maintained
in accordance with the standards as listed below on Chester Pike between
Lincoln Avenue (Route 420) and Summitt Avenue.
[Added 9-12-2000 by Ord. No. 1217, approved 9-12-2000]
(a)
Location.
[1]
Ground billboards shall be set back to the required
distance for buildings located within said zoning district or a distance
of not less than that of adjoining properties or 15 feet, whichever
is the greatest. All newly constructed ground billboards shall be
of the single-pole design, and the attached billboards shall be only
upon the front of a building and must be constructed and maintained
flat and parallel with the building wall to which they are attached
and shall not extend more than 12 inches from such exterior building
wall. No such sign shall be erected, however, which will effectively
limit proper sight distance.
[2]
Billboards shall be situated a minimum of 100
feet from the boundary line of an R District or the property line
of any public or private school.
[3]
Billboards are not permitted on sewer rights-of-way,
floodplain areas or within 500 feet of a bridge crossing.
[4]
The minimum front, side and rear yard requirements
applying to a principal use, as designated with a zoning district
in which the billboard is to be located, shall apply to each structure.
[5]
No billboards shall be erected in such a manner
as to block the view from the road or street of any existing business
sign, logo sign or residential or nonresidential structure.
[6]
No billboard shall be located closer than 300
feet to any other billboard measured in all directions.
[7]
No billboard shall be constructed within the
clear sight triangle of the public street or road on which it is situated
and shall not in any manner impede traffic safety, including ingress
or egress.
[8]
Billboards may not be mounted on a roof.
(b)
Sizes and heights.
[1]
Billboards shall not exceed 300 square feet
in area per sign face. A billboard shall have a maximum of two sign
faces per billboard structure. In the case of a back-to-back billboard,
the cross surface area of each sign shall not exceed 300 square feet
in area.
[2]
Billboards shall not exceed 35 feet in height
above the average grade of the proposed site nor be located closer
to the ground than 15 feet (measured from the lowest part of the sign)
when located in a parking, vehicular or pedestrian circulation area
unless such signs are resting on the ground.
[3]
The sign area for billboards shall be calculated
including all trim and border area but shall exclude the main supporting
structure, base and apron.
[4]
All billboard signs shall be approved by the
Building Inspector.
(c)
Construction methods.
[1]
A billboard structure shall have a maximum of
one vertical support without bracing.
[2]
A billboard sign face shall be independently
supported and have vertical supports of metal which are galvanized
or otherwise treated to prevent rust or corrosion.
[3]
Billboards must comply with applicable federal
and state regulations concerning permissible wind pressure.
[4]
The entire base of the billboard structure shall
be permanently landscaped with suitable shrubbery and/or bushes of
a minimum height of three feet placed in such a manner as to screen
the foundation of the structure. Said landscaping shall be maintained
by the sign owner in an attractive and healthy manner.
[5]
A billboard with display lighting shall be constructed
so that it does not glare upon adjoining property and shall not exceed
a maximum footcandle of one upon the adjoining property.
[6]
Display lights shall not operate between 12:00
midnight and 5:00 a.m., prevailing local time.
[7]
No billboard structure, sign face or display
light shall move, flash or emit noise. No display lighting shall cause
distraction, confusion, nuisance or hazard to traffic, aircraft or
other properties.
[8]
The use of colored light is not permitted.
(d)
General billboard regulations.
[1]
Every three years, the owner of the billboard
shall have a structural inspection made of the billboard by a qualified
Pennsylvania registered engineer or architect and shall provide to
the Borough a certificate from the engineer or architect certifying
that the billboard is structurally sound. Said owner shall pay for
the inspection and have a report sent to the Borough Engineer.
[Amended 2-8-2005 by Ord. No. 1263, approved 2-8-2005]
[2]
Annual inspections of the billboard shall be
conducted by the Borough Building Inspector to determine compliance
at cost to billboard operators. Billboards found to be in violation
of this section shall be brought into compliance within 30 days of
notice or ordered removed upon proper notification by the Borough.
The owner of said billboard shall reimburse the Borough for the costs
of the Building Inspector making his report.
[Amended 2-8-2005 by Ord. No. 1263, approved 2-8-2005]
[3]
Billboards using removable paper or other materials
shall be maintained in such a condition as to eliminate loose or frayed
material protruding or hanging from the structure.
[4]
All billboards must comply with all applicable
federal, state and local laws and regulations.
[5]
All applicable provisions of the state's Outdoor
Advertising Control Act of 1971,[3] as amended, shall be adhered to when signs are to be erected
in areas adjacent to highways in the Pennsylvania Department of Transportation's
primary and interstate highway system. Any individual desiring to
establish a sign in these areas shall contact the Pennsylvania Department
of Transportation's Division of Outdoor Advertising to determine if
the state's regulations will affect the proposal. A copy of the Pennsylvania
Department of Transportation's determination shall accompany all applications
for signs in such areas.
[3]
Editor's Note: See 36 P.S. § 2718.101
et seq.
[6]
Yearly permits shall be required. The charge
for a yearly permit shall be $1,000.
[Amended 2-8-2005 by Ord. No. 1263, approved 2-8-2005]
[7]
At the time of submission of plans, structure
calculations prepared by a qualified Pennsylvania-registered engineer
or architect shall be provided to the Borough. The fee for the initial
review by the Borough Engineer shall be reimbursed to the Borough
by the applicant.
[Amended 2-8-2005 by Ord. No. 1263, approved 2-8-2005]
C.
Permitted signs for which a permit is not required.
The following signs, exactly as herein described, are exempt from
the need to secure permits, but shall be subject to the above general
restrictions and standards.
(1)
Decorations for a recognized officially designated
holiday, provided that they do not create a traffic or fire hazard.
(2)
Official and governmental signs, which shall include
safety signs, trespassing signs, signs indicating scenic or historical
points of interest and traffic signs.
(6)
Window signs. Such signs shall be used to serve as
an accessory sign to the sign associated with the principal use.
(7)
Signs advertising the sale or rental of the premises
upon which they are erected or that said premises have been sold or
rented, when erected by a broker or other person interested in the
sale or rental of such premises, may be erected and maintained, provided
that:
D.
Permitted signs for which a permit is required. The
following signs, exactly as herein described under each specific district,
are permitted, provided that a sign permit has been obtained for said
sign.
(1)
Residential districts. The following signs may be
erected and maintained in the residential districts upon issuance
of a sign permit.
(a)
Professional accessory use as permitted in this
chapter indicating the name and/or professional activity of the resident
practitioner, may be erected and maintained provided that:
(b)
Signs indicating location and direction of premises
available for or in the process of development, but not erected upon
such a premises, and having inscribed therein the name of the owner,
developer, builder or agent may be erected and maintained, provided
that:
(c)
Signs advertising the sale or development or
when erected in connection with the development of the premises by
a builder, contractor, developer or other person interested in such
sale or development may be erected and maintained, provided that:
[1]
The size of any such sign is not in excess of
30 square feet.
[2]
Not more than one such sign is placed on a property
in single or separate ownership, unless such property fronts upon
more than one street, in which event one such sign may be erected
on each frontage.
[3]
Such sign shall not be erected until the subdivision
and/or land development has received final plan approval.
(d)
Signs of mechanics, painters and other artisans
may be erected and maintained during the period such persons are performing
work on the premises on which signs are erected, provided that:
(e)
Signs of schools, colleges, churches, hospitals,
sanitariums or other institutions of a similar nature may be erected
and maintained on the premises, provided that:
(f)
Signs indicating the location of churches, schools
or hospitals or similar directional signs, including service organization
signs, may be erected and maintained, provided that:
[1]
The number of any such signs to be erected by
any one institution or organization may be limited at the discretion
of the Borough.
[2]
Written permission is secured from the owner
of the property on which the sign is to be erected.
[3]
The size of any such sign is not in excess of
three square feet.
(g)
Business signs for nonconforming uses which
are located in a building other than a residence and which indicate
the name or activity of the occupant of the building may be erected
and maintained, provided that:
(h)
Only the following signs shall be illuminated
in the residential districts.
[1]
An identification sign of a physician, dentist,
hospital and any such other person or establishment whose services
in an emergency are considered essential to the public health, safety
and welfare.
[2]
An identification sign of a school, church or
other similar permitted use, provided that said sign is illuminated
only between the hours of dusk and midnight, prevailing time.
[3]
A nonconforming business or commercial use.
(2)
C-1, C-2 and I-1 Industrial Districts. The following
signs may be erected and maintained in these districts upon issuance
of a sign permit:
(b)
No business or industrial sign unless the same shall advertise the permitted business activity conducted on the premises or be directly related thereto or unless the same shall advertise the permitted business, name, profession or activity of the person owning the premises with the exception of billboards, subject to Subsection B(18) hereto. No such sign shall be permitted on any lot or premises which is neither a permitted principal business or industrial use or a nonconforming business or industrial use at the time of enactment of this chapter.
[Amended 9-12-2000 by Ord. No. 1271, approved 9-12-2000]
(c)
Signs advertising one business or industrial
use when located on the site where such use is conducted, provided
that:
[1]
Not more than one ground sign or freestanding
sign shall be permitted upon each street on which said premises has
frontage. Such sign(s) shall not exceed 50 square feet in area and
shall be setback a distance of not less than 10 feet nor more than
30 feet from the street right-of-way line.
[2]
Not more than one parallel sign attached to
the wall of a permitted principal building which shall not exceed
32 square feet in area shall be permitted.
(d)
Signs advertising a group of businesses or industries
on a lot held in single and separate ownership on the lot where such
uses are conducted, provided that:
[1]
Not more than one ground sign or freestanding sign, as provided in Subsection D(2)(c)[1] above. The total area of such sign shall not exceed 150 square feet. The structural backing for all such signs shall be uniform, and no sign may extend, in any direction, beyond the outside edge of the backing.
[2]
Not more than one parallel sign attached to
the wall of a permitted principal building, neither of which shall
exceed 10 square feet in area.
(e)
In the case of an individual business or commercial
use, such as an automobile service station, retail store or retail
service facility, one accessory sign may be erected and maintained,
provided that such sign does not exceed four square feet in area.
