Borough of Penndel, PA Article VIII Sign Regulations

§ 405-38 Purpose.

It is recognized that signs perform important functions in identifying residences and businesses. It is hereby found and declared, however, that control of signs is necessary to promote the health, safety and general welfare by:

A. Lessening hazards to pedestrian and vehicular traffic.

B. Preserving property values.

C. Preventing unsightly and detrimental development which has a blighting influence upon residential, business and industrial uses.

D. Preventing signs from reaching such excessive size that they obscure one another to the detriment of all concerned.

E. Securing certain fundamentals of design for the Borough.

§ 405-39 Scope and applicability.

In all zoning districts within the Borough, signs may be erected, altered, maintained, used or moved only when in accordance with the provisions of this article.

§ 405-40 Definitions and general sign regulations.

A. As used in this article, the following terms shall have the meanings indicated:

FRONT BUILDING WALL

The wall located in the front of the building which runs substantially parallel to the street.

[Added 11-5-2001 by Ord. No. 2001-4]

SIGN

Any permanent or temporary structure or part thereof, or any device attached, painted or represented, directly or indirectly, on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as, or which is in the nature of, an advertisement, announcement, visual communication or direction, or which is designed to attract the eye or bring the subject to the attention of the public. No other type, size or illumination of sign is permitted than as provided under the provisions of §§ 405-40 to 405-44, inclusive.

AREA OF SIGNS:

(1) 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 including any supporting framework and bracing which are incidental to the display itself.

(2) Where the sign consists of individual letters or symbols attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.

(3) In computing the area of a double-face sign, only one side shall be considered, provided that both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.

ILLUMINATION OF SIGNS:

(1) DIRECTLY ILLUMINATED SIGN 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.

(2) FESTOON LIGHTING A directly illuminated sign comprised of either:

(a) A group of incandescent light bulbs hung or strung overhead or on a building or structures.

(b) Light bulbs not shaded or hooded or otherwise screened to prevent the direct rays of the light from shining on an adjacent property or right-of-way.

(3) INDIRECTLY ILLUMINATED SIGN 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.

(4) FLASHING SIGN An illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

(5) NONILLUMINATED SIGN A sign which is not illuminated, either directly or indirectly.

LOCATION OF SIGNS:

(1) ON-PREMISES SIGN A sign which advertises or otherwise directs attention to an activity conducted on the same lot.

(2) ADVERTISING SIGN An off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation or other similar activity which is sold, offered or conducted elsewhere than on the lot upon which such sign is located.

(3) BUSINESS SIGN An on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted other than incidentally on the premises upon which such sign is located or to which it is affixed.

TYPES OF SIGNS:

(1) FREESTANDING SIGN A self-supporting sign resting on or supported by means of poles or standards either on the ground or on the roof of a building. The height of freestanding signs on the ground shall be measured from the curb level.

(2) PARALLEL SIGN A sign mounted parallel to a wall or other vertical building surface. A parallel sign shall not extend beyond the edge of any wall or other surface to which it is mounted or shall not project more than eight inches from its surface.

(3) PROJECTING SIGN Any sign mounted to a wall or other vertical building surface other than a parallel sign. Projecting signs shall not project more than four feet from the wall or surface to which they are mounted or in any way interfere with normal pedestrian or vehicular traffic.

(4) NONSTATIONARY SIGN A sign which, by means of some mechanical device, changes its position constantly or at regular intervals by rotating around an axis or shifting in horizontal or vertical alignment.

(5) GROUND SIGN A freestanding sign which rests at or near ground or curb level and is subject to the provisions of § 405-40B(4).

B. General sign regulations.

(1) Prohibitions. Flashing signs or lights and revolving signs, festoon lighting, neon signs, advertising signs, except as provided under § 405-41B, and nonstationary signs shall not be permitted in any district. Neon signs will not be permitted with the exception of one small "Open" and "Closed" sign, not to exceed four square feet in area. Freestanding roof signs shall be permitted in any business district, provided that they do not extend more than four feet above the roof of a one-story building and do not exceed 25 feet maximum height from the curbline.

[Amended 2-7-2005 by Ord. No. 2005-1]

(2) Obstruction. No sign shall be erected or maintained within a distance of 10 feet from the intersection of any street lines or the intersection of a street line and the edge of a private accessway. No sign shall be so located or arranged that it interferes with traffic through glare; through blocking of reasonable sight lines for streets, sidewalks, or driveways; through confusion with traffic control devices, by reason of color, location, shape or other characteristic; or through any other means. No sign shall violate the corner visibility restrictions of this section and § 405-22A.

[Amended 2-7-2005 by Ord. No. 2005-1]

(3) Overhanging. No signs shall overhang any walkway or public right-of-way except as allowed in § 405-23G.

[Amended 2-7-2005 by Ord. No. 2005-1]

(4) Freestanding sign (a self-supporting sign resting on or supported by means of standards).

(a) On a freestanding sign 12 square feet or larger, the supporting member or members are to be either cemented into or bolted, using a minimum of four bolts with minimum diameter of 3/4 inch, to a concrete footing, minimum three feet below ground surface, having a minimum base of 200 square inches by minimum thickness of 10 inches.

(b) All electric wiring for freestanding signs is to be placed underground or above the ground with a clearance of 15 feet.

(c) No freestanding sign can occupy a designated parking area or intended parking area, walkway, cartway, driveway or area designated for any other use.

(5) Maintenance. All signs permitted in this article must be constructed of durable materials and must be kept in good condition and repair. Any sign which is allowed to become dilapidated, after 30 days' notification to the owner, shall be removed by the Borough at the expense of the owner or lessee of the property on which it is located.

(6) Nonconforming signs. Signs existing at the time of passage of this chapter which do not conform to the requirements of the chapter shall be considered nonconforming signs and may continue in nonconformity for a maximum period of five years from the date of passage of this chapter. Once removed for repair, replacement or any other reason, a nonconforming sign shall not be replaced unless with a conforming sign; provided, however, that nonconforming signs may be repainted or repaired in place, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign.

(7) Permit required. All signs shall require the issuance of a sign permit before erection or replacement.

(8) Separate frontage. If an establishment has walls fronting on two or more streets, the total sign area permitted for the particular use or building shall be computed at 1 1/2 times the total sign area permitted for buildings with single street frontage. The total area permitted per wall cannot exceed provisions under § 405-42A(2)(a).

(9) Signs within street lines. Signs erected by a duly constituted governmental body, including traffic signs and similar regulatory notices, shall be allowed within street lines. No other signs shall be permitted within street lines, except that this provision shall be waived for parallel signs in areas where no front yard setback is available.

(10) Yard requirements. No portion of any freestanding sign shall be located closer to any lot lines than 1/2 the required yard for the district in which it is located. If this requirement cannot be met, then freestanding signs shall be prohibited on such properties, except that, in the business district, the distance can be three feet.

(11) Vehicular signs. Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign and as such be subject to the provisions regarding freestanding signs in the district in which such vehicle is located.

(12) Signs affixed with adhesive are prohibited.

(13) Ground signs are allowed but must be located such that they do not interfere with driveway sight lines.

[Amended 2-7-2005 by Ord. No. 2005-1]

(14) Temporary illuminated signs. Temporary illuminated signs shall not be permitted within 50 feet of any existing or future road right-of-way.

(15) Signs on awnings will only be allowed on the valance.

[Added 2-7-2005 by Ord. No. 2005-1]

(16) Backlit awnings are prohibited.

[Added 2-7-2005 by Ord. No. 2005-1]

§ 405-41 Signs in residential districts.

A. On-premises signs. In residential, professional, commercial, industrial and open recreation districts, no on-premises sign shall be permitted except as follows:

(1) Signs displayed strictly for the direction, safety or convenience of the public, including signs which identify rest rooms, telephone booths, parking area entrances or exits, freight entrances or the like, provided that the area of any such sign shall not exceed four square feet.

(2) Flags representing governmental, educational or religious organizations.

(3) One nonilluminated sign or indirectly illuminated sign displaying only the name and address of the occupant of a premises, provided that the area of any such sign shall not exceed 200 square inches. The provisions of § 405-41A(8) do not apply to this type of sign.

(4) One nonilluminated or indirectly illuminated sign for home occupations or accessory offices, indicating only names of persons and their occupations, provided that the area of any such sign shall not exceed two square feet.

(5) One nonilluminated or indirectly illuminated bulletin or announcement board or identification sign for a permitted nonresidential building or use, provided that the area of any such sign shall not exceed 20 square feet.

(6) One nonilluminated or indirectly illuminated sign in connection with a lawfully maintained nonconforming use, provided that the area of any such sign shall not exceed 12 square feet.

(7) One nonilluminated sign advertising the sale or rental of the premises upon which said sign has been erected or one sign indicating that said premises have been sold or rented, provided that the area of any such sign shall not exceed six square feet and such sign shall be removed within 20 days after an agreement of sale or rental has been entered into.

(8) One temporary nonilluminated sign erected in connection with the development or proposed development of the premises by a builder, contractor, developer or other persons interested in such sale or development, provided that the area of any such sign shall not exceed 24 square feet and that the sign shall be removed within 20 days after the last structure has been initially occupied or upon expiration of the building permit, whichever is sooner.

(9) Temporary nonilluminated sign of mechanics or artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that such sign shall be removed upon completion of work by the mechanic or artisan and the total area of all such signs shall not exceed 24 square feet.

(10) Signs announcing "no trespassing" or signs indicating the private nature of a road, driveway or premises, provided that the area of any such sign shall not exceed four square feet.

(11) Nonilluminated or indirectly illuminated memorial signs or historical signs or tablets.

B. Off-premises signs. Signs permitted within this section may also be on-premises signs. Off-premises signs are not permitted except as follows:

(1) Signs necessary for the direction, regulation and control of traffic; street name signs; legal notices; warnings at railroad crossings; and other official signs which are similarly authorized or erected by a duly constituted governmental body.

(2) Temporary signs advertising political parties or candidates for election may be erected or displayed and maintained, provided that:

(a) The size of any such sign is not in excess of four square feet.

(b) The signs shall not be erected or displayed earlier than 30 days prior to the election to which they pertain and shall be removed within seven days after the election.

(3) Temporary nonilluminated signs directing persons to temporary exhibits, shows, events or proposed developments may be erected, subject to the following requirements:

(a) Signs shall not exceed 12 square feet in area.

(b) Signs shall not be posted earlier than seven days before the occurrence of the event to which they relate and must be removed within eight days after the date of the exhibit, show, event or the sale or rental of the final unit in such development.

(c) Temporary signs for any one exhibit, show, event or use shall be limited to two events per year. Each event shall be no more than 15 days in duration.

[Amended 3-9-1976]

(4) Nonilluminated signs used for directing patrons, members or an audience to service clubs, churches or other nonprofit organizations, provided that signs indicate only the name of the organization and the place, date and time of meeting, and shall not exceed four square feet in area.

(5) The erector of temporary signs permitted under Subsections B(2) and (3) of this section or an authorized agent or sponsor of an exhibit, show, event or proposed development shall apply for and obtain a permit from the Borough Zoning Officer and deposit with the Borough, at the time of his application, the sum of $25 per each 100 of such signs, or fraction thereof, as a guaranty that all such signs will be removed promptly within seven days after the date of the election, exhibit, show, event or development to which such signs relate. At the time of deposit, the erector or authorized agent shall indicate upon which streets such signs are to be located. If such signs are not removed at the end of the seven-day period, the Borough shall cause them to be removed and the entire deposit guaranteeing removal shall be forfeited to the Borough. In addition, failure to remove such signs as prescribed shall constitute a violation of this chapter, subjecting offenders to the penalties prescribed in § 405-74 hereof.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Locational restrictions.

(1) Freestanding signs, except at corners, may not exceed six feet in height.

(2) Parallel and projecting signs, or portions of such signs, shall not be located more than four feet above the ceiling of the ground floor of any building.

§ 405-42 Signs in commercial and professional districts.

[Amended 10-2-1978 by Ord. No. 78-4]

A. On-premises signs. In RC Retail Commercial, SC Service Commercial, MB Metropolitan Business and P Professional Districts, no on-premises signs shall be permitted except as follows:

[Amended 11-5-2001 by Ord. No. 2001-4; 2-7-2005 by Ord. No. 2005-1]

(1) All signs permitted in § 405-41A at the standards prescribed therein, except as otherwise provided in this section.

(2) Parallel signs, provided that the area of all parallel signs for each establishment shall not exceed one square foot for each foot of length of the front building wall or length of that portion of such wall which is devoted to such an establishment.

(3) Freestanding business signs, provided that:

(a) A freestanding sign will only be permitted if it is not possible to position a ground sign on the property or locate an adequate projecting or roof sign on the structure.

(b) Only one such sign shall be permitted on each property for each street frontage, subject to the provisions of § 405-40B(8).

(c) The area of any one such sign shall not exceed one square foot for each one foot of lot frontage or 24 square feet, whichever is smaller.

(d) The maximum height of freestanding business signs shall not exceed 12 feet.

(4) Projecting signs, provided that:

(a) The property does not have a ground sign. The projecting sign shall not exceed 1/2 of a square foot for each foot of length of the front building wall or length of such wall which is devoted to the establishment.

(5) Ground signs, provided that:

(a) The ground sign and supporting structure shall be no more than six feet in overall height.

(b) The ground sign shall not exceed 24 square feet in area.

(c) The ground sign shall not have lighting that shines into adjacent properties or creates a traffic hazard.

(d) The ground sign shall be on an attractive masonry base or landscaped for three feet around the base.

B. Off-premises signs. All off-premises signs permitted in § 405-41B at the standards prescribed therein are permitted in RC Retail Commercial, SC Service Commercial, MB Metropolitan Business and P Professional Districts.

§ 405-43 Signs in industrial districts.

A. On-premises signs. In industrial districts, no on-premises signs shall be permitted, except as follows:

(1) All signs permitted in § 405-41A at the standards prescribed therein.

(2) Parallel business signs, subject to the following provisions:

(a) The total area of any parallel sign shall not exceed two square feet for each foot of length of the front building wall or length of that portion of such wall which is devoted to such establishment or 50 square feet, whichever is less.

(b) No parallel sign shall be painted on or affixed to the inside or outside of windows in such districts.

(3) Freestanding business signs, provided that:

(a) The area of all such signs shall not exceed one square foot for each one foot of lot frontage or a total of 100 square feet, whichever is less, subject to the provisions of § 405-40B(7).

(b) The maximum height of freestanding business signs shall not exceed 14 feet.

B. Off-premises signs. All off-premises signs permitted in § 405-41B at the standards prescribed therein are permitted in industrial districts.

§ 405-44 Signs in open recreation districts.

In open recreation districts the following signs shall be permitted:

A. One nonilluminated or indirectly illuminated on-premises sign, which names and gives pertinent information pertaining to the recreational facility, and other official signs which are similarly authorized or erected by a duly constituted governmental body.

B. Temporary parallel advertising will be permitted on the backfield fences facing the backstop in baseball fields in open recreation districts. Such signs shall not extend above the fences to which they are attached and shall be erected no sooner than one week prior to the initial municipally sanctioned league baseball game of the season, and shall be removed no later than one week after the final such game of the season.

§ 405-45 Sign permits.

A. Permit required. It shall be unlawful to erect, construct or alter any sign in the Borough of Penndel without first filing with the Zoning Officer of the Borough an application in writing and obtaining a formal permit.

B. Application form. An application for a permit for the erection, construction or alteration of a sign in the Borough of Penndel shall be submitted on such form as the Penndel Borough Council may prescribe, and such application shall contain the full names and addresses of the applicant, the owner of the premises whereon a sign is to be erected, constructed or altered, and the person or firm engaged to erect, construct or alter such sign. The application shall contain the affidavits of the owner of the premises authorizing the application and the work described therein.

C. Plans to accompany application. Applications for permits for the erection, construction or alteration of signs shall be accompanied by drawings of the proposed work, drawn to scale, showing the structural details of the sign and such other details as the Zoning Officer may require.

D. Each applicant for a permit for the erection, construction or alteration of signs shall, at the time of mailing such application, pay to the Zoning Officer of the Borough for the use of the Borough a fee as set by resolution of the Borough Council

[Amended 5-2-1983 by Ord. No. 83-5[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 405-46 Monitoring of signs.

[Amended 3-9-1976]

It shall be the duty of the Zoning Officer to conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.