Borough of Upland, PA Article XVII Signs

§ 185-1700 Purposes.

The purposes of this article are to regulate the type and dimensions of signs in the various zoning districts of Upland Borough, to recognize the commercial communication requirements of all sectors of the business community, to protect the public from damage or injury caused by or attributable to distractions and obstructions caused by improperly designed or located signs, and to safeguard property values by encouraging the use of signs that are consistent and harmonious in relation to the buildings and areas where they are placed.

§ 185-1701 Scope and applicability.

A. Any sign hereafter erected shall conform to the provisions of this article and any other ordinance or regulations of the Borough relating thereto. Any sign not specifically authorized by the provisions of this article shall not be erected in the Borough of Upland.

B. It shall be unlawful for any person, firm or corporation to erect, alter, rebuild, enlarge, extend or relocate signs listed in § 185-1706 without first obtaining a permit from the Borough, except for those signs listed specifically in § 185-1704.

C. Application for such permits shall be made in writing to the Borough in accordance with § 185-1709.

D. The Building Code Official is hereby authorized and empowered to revoke any permit issued by the Borough upon failure of the holder thereof to comply with any provision of this article.

E. The provisions of this article shall not apply where signage is erected and maintained by the Borough for Borough purposes, provided that the Borough obtains all other required government permits prior to its use.

§ 185-1702 Determination of size of signs.

A. The size of any sign shall be determined in accordance with the provisions of this article and the following:

(1) When a sign consists of actual letters, numbers and/or logos and not a lettered board and such sign is erected on or attached to a building wall or other similar surface, the size of such sign shall be measured by the geometric shape formed by the extreme outside edge of the largest letters, numbers or logos contained in the sign.

(2) When a sign consists of a lettered board and such sign is erected on or attached to a building wall or other similar surface, the size of such sign shall be determined by calculating the area of the lettered board.

§ 185-1703 Sign restrictions and standards.

A. Prohibited signs. It is unlawful to erect or maintain the following signs:

(1) Flashing, blinking, twinkling, spinning, animated, inflatable, aerial, crane or lighted moving signs, including automatic color-changing and rotating lamps and other moving objects that call attention to the sign.

(2) Advertising cloth or paper banners or signs of any similar character suspended or hung on any property, except for temporary banners. However, banners and pennants for public purposes shall be permitted in the GC General Commercial District.

(3) Wall bulletins or any other signs painted directly on the facade of a building or other structure.

(4) Curb or sidewalk signs or signs painted, attached or suspended from any outdoor bench, chair or similar structure.

(5) Swinging and hanging signs.

(6) Signs, letters, posters and advertisements which are tacked, pasted, tied or otherwise affixed to poles, posts, buildings, fences or other structures located on public property or within public rights-of-way in the Borough of Upland.

(7) Signs placed, inscribed or supported upon the roofline or any structure that extends above the roofline of any building.

(8) Freestanding signs advertising or identifying a business in the GC General Commercial District.

(9) Digital movable billboard signs.

B. Projecting signs. No new projecting signs shall be erected after the date of enactment of this chapter. Projecting signs in existence at the enactment of this chapter shall be considered nonconforming signs and shall be allowed to continue.

C. General restrictions and standards. The following restrictions shall apply to all permitted signs:

(1) Where not inconsistent with this article, all signs constructed or erected under the provisions of this article shall comply with the standards set forth in the latest applicable version of the Pennsylvania Uniform Construction Code.

(2) Where applicable, the requirements of the Pennsylvania Department of Transportation in relation to signs shall be followed.

(3) No sign shall be located, arranged or placed in a position where it will cause danger to traffic or will interfere with traffic through glare; block required sight lines for streets, sidewalks or driveways; or cause confusion with a traffic control device by reason of color, location, shape or other characteristics or through any other means.

(4) Except for traffic signs, no sign shall be erected within the right-of-way lines of any public street, except in the GC General Commercial District, nor shall any such sign be closer than six feet to the right-of-way line of a public street, unless specifically authorized by other ordinances and regulations of the Borough of Upland or other governmental bodies or agencies having jurisdiction or regulatory authority in the matter.

(5) No illuminated sign shall be lighted on days when the business or permitted use is not open.

(6) Every sign must be constructed of durable materials and shall be solidly and firmly attached, supported and/or anchored to the supports or framework.

(7) Every sign must be kept in good condition and repair. Any sign that 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.

(8) Except for traffic signs, incidental signs and billboards, all permanent signs shall be located on the property to which their text or message applies.

(9) Freestanding signs, wall signs, canopy signs and awning signs shall have a clearance of not less than eight feet between the ground and the bottom of the sign.

D. Area of multifaced signs.

(1) The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of these faces.

E. Freestanding signs.

(1) The bottom or lowest edge of any freestanding sign shall be no closer to the ground than eight feet. At least six feet of the upper portion of the eight-foot space shall be open and unobstructed. No more than two feet above the ground level can be devoted to and maintained for flowers, ground covers and low-spreading shrubs. If such plantings are installed, they shall be maintained at the maximum height of two feet and shall be free of weeds, debris and other undesirable material.

(2) All single-post freestanding signs shall be made of metal, except for those used in residential districts, which may be made of pressure-treated timbers. All such posts shall be embedded in the ground at least three feet six inches, unless otherwise directed by the Building Code Official.

(3) Freestanding signs will be permitted in residential areas only when set back a minimum distance of six feet from the front property line.

(4) Freestanding signs of an official nature are permitted.

(5) Freestanding signs shall only be illuminated by concealed or indirect lighting.

(6) There shall be a distance of not less than 75 feet between freestanding signs.

F. Ground signs.

(1) The top edge of a ground sign shall be a maximum of five feet above ground level.

(2) Ground signs shall be supported and permanently placed by embedding, anchoring or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.

(3) The setback shall be as required for freestanding signs in § 185-1703E above.

(4) Illumination shall be as described in Subsection E(5) [§ 185-1703E(5)] above relating to freestanding signs.

G. Window signs. A maximum of 25% of the total window area may be used for permanent signs that are etched, painted or permanently affixed to the window.

H. Temporary signs.

(1) The use of any temporary sign, except for sales or price change signs and signs exempt by § 185-1704, shall require a permit, which shall be effective for not more than 30 days.

(2) Temporary signs shall be placed so as not to obstruct vehicular or pedestrian traffic or create a safety hazard.

(3) Such signs shall not obstruct access to or from any door, window, fire escape or ventilating equipment nor be attached to any standpipe or fire escape.

(4) Temporary signs shall be removed immediately upon expiration of the permit.

(5) The size of these signs shall not exceed 1/3 of a square foot of sign area for each linear foot of building width.

(6) Temporary commercial advertising signs shall not be attached to fences.

I. Sales or price change signs.

(1) The use of any sales or price change signs shall require a permit that shall be effective for not more than one year.

(2) The size of these signs combined shall not exceed 50% of the area of the door, window or wall area to which they are affixed.

(3) These signs shall not be attached to fences.

§ 185-1704 Signs for which a permit is not required (exempt signs).

The following signs are exempt from the need to secure a permit but are subject to all other applicable provisions of this article:

A. Public notice, warning or official traffic signs required by a federal, state or local law, regulation or ordinance.

B. Any sign inside a building not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the property on which such sign is located.

C. Building markers that only include building name, date of construction or historical data on an historical site, provided that there is only one per building with a maximum area of six square feet.

D. Flags of the United States, the Commonwealth of Pennsylvania, foreign nations having diplomatic relations with the United States or any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag does not exceed 60 square feet in area and shall be flown from a pole not more than 40 feet in height.

E. Incidental signs containing no commercial message of any kind, provided that such signs do not exceed eight square feet.

F. Signs advertising the sale or rental of the premises or lot upon which they are erected, provided that there is no more than one such sign per street frontage. Such sign shall be neither illuminated nor exceed six square feet. All such signs shall be removed on or before the date of settlement.

G. Signs advertising the development of the premises where they are erected. Such signs shall not exceed six square feet in residential districts and 32 square feet in nonresidential districts. All such signs shall be removed on or before the date of settlement.

H. Nameplate signs on private residences, provided that they do not exceed 144 square inches.

I. Decorations for an officially designated holiday; provided, however, that they do not create a traffic or fire hazard.

J. Yard sale or garage sale signs, provided that they do not exceed two square feet and are removed within 24 hours after such sales.

K. Signs announcing educational, charitable, civic, religious or similar campaigns or events, provided that such signs are erected for a period not to exceed 30 days no more than four times in any calendar year for a maximum annual total of 120 days. Such signs shall not exceed eight square feet. However, if these signs are proposed for placement on telephone poles, a permit shall be required.

L. Changeable-copy signs for churches, schools and other uses which, by their nature, require such signs, provided that only one such sign shall be permitted. However, in the case of a corner property, one additional sign is permitted on the side of the property. The size of such signs shall not exceed 16 square feet.

§ 185-1705 Special regulations for signs in the HPO Historic Preservation Overlay.

A. Only on sites or properties that are listed as historical resources in the most recently adopted Upland Borough Historic Sites Survey shall no sign be erected or altered until an application for a certificate of appropriateness has been reviewed and approved by the Upland Borough Historical Commission and after the Borough Council has issued a certificate of appropriateness.

(1) The Historical Commission shall ensure that the proposed sign is appropriate:

(a) Regarding the style, period, type, size and scale of the building for which it is proposed.

(b) Regarding consistency with other signs in the district.

(2) All applications for a certificate of appropriateness must contain the following information:

(a) A current color photograph of the property.

(b) An illustration of the building facade showing the proposed sign.

(c) A scaled drawing showing the sign itself and including the size, materials, colors, lighting, lettering and method of attachment. Material samples may be required.

(d) For ground signs, a site plan indicating the location of the sign.

(e) The type of illumination.

§ 185-1706 Signs for which a permit is required.

The following signs, as described under each zoning district or group of districts, are permitted, provided that they meet the conditions in § 185-1703 and a sign permit has been obtained:

A. Signs in the R-1, R-2 and R-3 Districts. The following types of signs and no others shall be permitted:

(1) Nameplate signs, not exceeding 288 square inches.

(a) Not more than one such sign per dwelling shall be permitted.

(2) Identification signs for apartment buildings or complexes, schools, churches, hospitals and similar permitted uses other than individual dwellings, provided that:

(a) Such signs shall be freestanding signs, ground signs or wall signs only. Freestanding or ground signs shall not exceed four feet in height.

(b) Not more than one wall sign and one freestanding or ground sign shall be permitted for each frontage.

(c) The size of freestanding, ground and wall signs shall not exceed 20 square feet.

(3) Signs identifying nonresidential uses permitted as valid nonconforming uses, provided that they meet the same requirements as Subsection A(2) above.

(4) Signs identifying major home occupations and home professional offices (accessory use signs).

(a) Types of signs permitted shall be ground signs or wall signs.

(b) Ground signs and wall signs shall not exceed six square feet.

(c) A professional office or home occupation may display one ground sign or one wall sign but not both.

(5) Except for signs for uses noted in Subsection A(3) above, illumination, where provided, shall be by external white light only.

B. Signs in the PRD Planned Residential Development District.

(1) One freestanding or ground sign shall be permitted at each vehicular entrance to a planned residential development, not exceeding four feet in height and 20 square feet in area.

(2) A recreation or community center located within a planned residential development may have one freestanding or ground sign not exceeding four feet in height and 12 square feet in area. An additional directional sign with a maximum area of two square feet may be either added to and combined with the identification sign or be separate.

(3) There shall be one directional ground sign permitted per interior road segment to direct traffic to the various areas of the development. These signs shall not exceed four square feet in area.

(4) There shall be one ground or wall sign permitted to identify each apartment building or the range of addresses within an apartment. Such signs shall not exceed four square feet in area.

C. Signs in the INS Institutional and MCD Medical Campus Districts. The following types of signs and no others shall be permitted in the INS Institutional and MCD Medical Campus Districts:

(1) The types of signs permitted shall be wall signs, freestanding signs and ground signs.

(2) Not more than one wall sign and one freestanding sign or one ground sign shall be permitted for each frontage.

(3) The size of wall signs shall not exceed one square foot of sign area for every two feet of building width.

(4) The size of freestanding signs or ground signs shall not exceed 16 square feet.

(5) Illumination, when provided, shall be by external white light only.

D. Signs in the GC General Commercial and WFMU Waterfront Mixed Use Districts. The following signs and no others shall be permitted in the GC General Commercial and WFMU Waterfront Mixed Use Districts:

(1) Any sign permitted in a residential district with the requirements in that district, as noted in § 185-1706A.

(2) Wall signs, canopy/awning signs and window signs, including freestanding signs, identifying the GC General Commercial and WFMU Waterfront Mixed Use Districts.

(3) The size of wall signs shall not exceed one square foot of sign area for each linear foot of building width.

(4) Wall signs shall not be placed within one foot of the edge of the front wall of the building.

(5) There shall be not more than one wall sign for each frontage. However, for buildings on corner lots with signs fronting on side streets, an additional wall sign shall be allowed that does not exceed 1/2 square foot of sign area for each linear foot of building width.

(6) The size of freestanding signs shall be not more than eight square feet.

(7) Awning or canopy signs may be substituted for wall signs with the same requirements as noted in § 185-1706C(3) and (4) above.

(8) The canopy or awning on which the canopy or awning sign is placed may extend the full width of the building. However, the awning or canopy shall not extend more than five feet from the front wall.

(9) Where there is a business on the second floor, one additional wall sign, not greater than eight square feet, shall be permitted.

(10) Multi-tenant buildings, as defined in Article II, shall be permitted signs identifying the building. Such signs shall comply with the provisions of this section (§ 185-1706C). In addition, each tenant in a multi-tenant building shall be permitted one wall sign that shall not exceed four square feet.

(11) All proposed signs shall be submitted to the Borough Code Official for his or her evaluation as to whether the proposed sign complies with the goals for the GC General Commercial and WFMU Waterfront Mixed Use Districts. The applicant shall be required to meet with the Planning Commission to discuss the proposed sign. The Planning Commission may offer suggestions to modify the proposed sign.

(12) Signs in shopping centers.

(a) All signs permitted for individual establishments shall be permitted for shopping centers. See § 185-1706D(2) above.

(b) The freestanding sign identifying a shopping center shall not exceed 50 square feet. The same sign may contain the names of individual establishments in the shopping center, with the allotted sign area for each establishment of not more than 10 square feet. The identification of each establishment shall be permitted in addition to the fifty-square-foot (maximum) area identifying the shopping center.

(c) One such freestanding sign shall be permitted for each road frontage.

(d) For interior establishments, only one wall sign shall be permitted.

(e) The size of wall signs shall be one square foot of sign area for every linear foot of building or establishment width.

(f) One additional wall sign shall be permitted on end or corner establishments. The size of this additional sign shall not exceed 50% of the area of the principal wall sign.

E. Signs in IND Industrial District. The following signs and no others shall be permitted in the IND Industrial District:

(1) Any sign permitted in a residential district with the requirements noted in § 185-1706A.

(2) Wall signs, freestanding signs, ground signs, awning or canopy signs and window signs.

(3) There shall be not more than one wall sign for each frontage.

(4) The size of wall signs shall not exceed 1 1/2 square feet of sign area for each foot of building width.

(5) Not more than one freestanding sign or ground sign for each frontage shall be permitted. See the limitations noted in § 185-1703E and F.

(6) The size of freestanding signs and ground signs shall not exceed 60 square feet in the IND Industrial District.

(7) Awning or canopy signs may be substituted for wall signs with the requirements noted in § 185-1706D(3) and (4) above.

(8) Window signs shall be permitted in accordance with § 185-1703G.

§ 185-1707 Billboards.

The following provisions relating to billboards are designed promote and protect the general public health, safety and welfare by regulating existing and proposed billboards. They are intended to reduce billboard advertising distractions that may contribute to traffic accidents and personal injuries and other hazards that arise out of proliferation of billboards within a limited geographic area. The provisions are also designed to protect property values, create a more-attractive economic and business climate, enhance the physical appearance of the community and generally provide a pleasing and enjoyable environment.

A. Billboards shall be permitted only in the IND Industrial District as a use by right and the MCD Medical Campus District as a use by special exception and within 1,000 feet of Interstate 95.

B. Billboards shall only be allowed as freestanding signs and shall not be located on top of or be attached in any manner to a building or other structure.

C. Billboards shall be independently supported and have vertical supports of metal that are galvanized or otherwise treated to prevent rust and corrosion.

D. Only one billboard shall be permitted on a lot at any given time.

E. Each face of a billboard shall be demonstrated to be oriented toward the road upon which the billboard fronts or faces to cause the least impact upon neighboring properties.

F. No billboard shall be erected within 1,000 feet of another billboard.

G. The maximum size of billboards shall be 150 square feet.

H. The minimum distance from a street right-of-way shall be 35 feet.

I. The height of billboards shall not exceed the maximum permitted building height by more than 20 feet.

J. External illumination of any and all sign faces on a billboard shall be shielded to prevent the light source from being seen from adjacent or nearby residential properties, streets or sidewalks.

K. Notwithstanding the above, no billboard shall be located within the safe clear sight distance or safe stopping distance of a signalized intersection, which distance shall be determined in accordance with applicable PennDOT standards; and no part of a billboard sign shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public street or generally where it will obscure the vision of motorists and thereby create a safety hazard.

L. All billboards shall be inspected in accordance with § 185-1709.

M. Where a billboard structure contains no advertisement or message for a period of 120 consecutive days, the Building Code Official shall forward a notice to the owner of the sign advising the owner of the unused status of the sign structure. The owner shall be required to remove the sign structure, provided that no advertising or message is placed thereon within 180 days from the original notice.

N. A removal bond, in form and amount satisfactory to the Borough, shall be posted with the Borough to ensure that a billboard sign will be properly removed upon abandonment or other termination of use.

§ 185-1708 Nonconforming signs.

Signs that are nonconforming or identify nonconforming uses shall be governed by the following requirements:

A. A sign which is nonconforming at the effective date of this chapter may be continued although such sign does not conform with the provisions of this article, but the size of any such nonconforming sign shall not be enlarged, except as permitted in § 185-2102.

B. A nonconforming sign may be changed to or replaced by another nonconforming sign, provided that the degree of nonconformity is not greater than that of the original sign. Whenever a nonconforming sign has been changed to a more-restricted nonconforming sign, such sign shall not thereafter be changed to a less-restricted nonconforming sign.

C. Where the name of the establishment is changed, any nonconforming sign at such establishment must be removed, and any new sign must conform to the provisions of this chapter.

D. No nonconforming sign which has been damaged to more than 50% of its value or has been removed or discontinued for 90 days shall be repaired, rebuilt or replaced except as a conforming sign (or when authorized as a special exception).

E. If a nonconforming use of a building ceases or is discontinued for a continuous period of 12 months or more and such nonconforming use is deemed to be abandoned as per § 185-2105 of this chapter, any nonconforming sign on the premises shall also be considered abandoned, and any subsequent signs erected or maintained on the premises shall be in conformity with the provisions of this chapter.

§ 185-1709 Permits and inspections; fees.

A. Except as otherwise provided in § 185-1704, relating to exempt signs, no sign shall be erected in the Borough until a permit therefor has been obtained in the following manner:

(1) An application in writing, filed on forms provided by the Borough, shall be made to the Building Code Official by the person desiring the permit.

(2) The application submitted to the Building Code Official shall give full particulars regarding the size, shape, material and supports of the sign as well as a sketch or sketches showing the location of the sign on the building or lot, the distance from the curbline and the height of the sign. The application shall be sufficiently specific to enable the Building Code Official to determine if the sign complies with this chapter as well as any other ordinance or regulation of the Borough relating thereto. A fee, as the Borough Council may establish from time to time by resolution, shall accompany such application.

(3) If the person submitting the application is not the owner of the property upon which the sign is to be erected, the written consent of the owner of the property on which the sign is to be erected shall accompany the application.

B. Whenever any sign or sign face is replaced by another sign, enlarged in any manner or altered, dismantled, damaged or otherwise destroyed, a permit shall be required as provided in Subsection A above before the sign is replaced, enlarged, altered or repaired.

C. Unsafe and unlawful signs. If the Building Code Official shall find 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/she shall give written notice thereof to the permittee. If the permittee fails to remove or alter the structure so as to comply with the standards set forth herein within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the Building Code Official at the expense of the permittee or owner of the property upon which it is located. The Building Code Official shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Code Official may cause any sign or other advertising structure that causes immediate peril to persons or property to be removed summarily and without notice.

D. Inspections and fees. The Building Code Official shall cause a routine inspection of all signs in the Borough to be made at least once every three years and at any other times when he deems such inspection necessary. He shall report to the Borough Council all unsafe signs, all signs failing in any respect to conform to the requirements of this article and all signs not licensed by the Borough. To cover the cost of inspection of all signs, as required by this section, the owner of every sign located in the Borough shall pay a license or inspection fee to the Borough. The rate of such fee in each case shall be based upon the area of such sign and is hereby fixed at $0.10 per square foot, with a minimum fee of $25.

E. All signs for which a permit has been issued must be completely constructed within six months after the date of issuance of the permit. Upon written request, the Building Code Official may grant one extension for an additional three-month period, provided that the applicant presents reasonable grounds for the extension.

§ 185-1710 Amortization.

A. Temporary, sidewalk, sandwich or A-frame signs, movable freestanding signs, banners, pennants and similar types of signs shall be abated, removed or brought into compliance within 90 days after enactment of this chapter.

B. Signs painted on walks, fences or benches shall be removed, abated or brought into compliance within two years after enactment of this chapter.

C. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Building Code Official. Upon failure to comply with such notice, the Code Official is hereby authorized to cause removal of such sign copy. Any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.

D. Any sign which ceases to be in use for a period in excess of 120 consecutive days shall be deemed to be abandoned and shall be removed within 30 days of written notification from the Code Official; and upon failure to comply with such notice, the Building Code Official is hereby authorized to cause removal of such abandoned sign, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the abandoned sign is located.