[Ord. 1112, 1/19/2010]
The temporary or permanent storage and transportation of hazardous
waste, as defined in Part 3 herein, shall comply with the following
conditions:
A. All activities that generate, store, use, transport, and dispose
of materials and substances regulated by this section shall possess
all applicable permits required by the Borough of Mechanicsburg, United
States Environmental Protection Agency, Pennsylvania Department of
Environmental Protection and any other agency having jurisdiction
over such use.
B. All activities and operations must be in compliance with the provisions
of the Pennsylvania Solid Waste Management Act, as amended. Further, such activities shall be in compliance with Pennsylvania
Department of Environmental Protection Rules and Regulations, as amended.
C. As required by the above-referenced regulations administered by the
Pennsylvania Department of Environmental Protection, a copy of the
preparedness, prevention and contingency plan shall be maintained
at the site and shall be submitted to the local police department,
fire departments, hospitals, and emergency response teams that may
be called upon to provide emergency services. A copy shall concurrently
be filed with the Zoning Officer to verify compliance with this section
of this chapter. The plan and copies furnished shall be maintained
in current condition as a responsibility of the facility owner.
D. Unless greater restrictions apply through the agencies identified in Subsection
A above:
(1)
No use regulated by this section shall be established:
(a)
Within 200 yards of any dwelling, place of worship, school or
any other building or buildings which from time to time are utilized
for human occupancy.
(b)
Within 200 yards of:
[3]
Any water intake for a water supply system.
(2)
In addition to any and all setbacks, screening and landscaping
required by this chapter, any use regulated by this section shall
also be subject to the following:
(a)
A chain-link fence, a minimum of eight feet in height with at
least a one-foot, three-stranded course of outward-slanting barbed-wire
extension, shall completely encircle the premises, with any gates
locked during nonbusiness hours.
(b)
A buffer yard of 75 feet shall be maintained along all adjoining
property lines. No structures, other than an approved fence or an
earthen retaining mound, shall be permitted within the buffer yard.
[Ord. 1112, 1/19/2010]
Unless otherwise defined by this chapter, fuel pumps and all
other service equipment, including canopies, shall be:
A. From any lot line, a minimum of 20 feet or that setback required
in the applicable district, whichever is greater.
B. So located that vehicles stopped for service will not extend over
the property line.
C. Located behind the front building setback line required for the lot's
principal building.
[Ord. 1112, 1/19/2010]
Temporary construction trailers or sheds shall be permitted
in all zoning districts, subject to the following conditions:
A. Temporary construction trailers or sheds shall be permitted only
during the period that the construction work is in progress. A permit
for the temporary structure shall be obtained from the Zoning Officer
prior to the commencement of construction and shall be renewed every
six months.
B. Temporary construction trailers or sheds shall be located on the
lot on which the construction is progressing and shall not be located
within 10 feet of any lot line adjoining an existing residential use.
C. Temporary construction trailers or sheds shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use.
D. A temporary construction trailer may be permitted for use as a sales
center for residential lots. The maximum gross floor area of such
a temporary sales center shall be 500 square feet. A permit for the
temporary trailer shall be obtained from the Zoning Officer.
E. No combustible materials shall be stored in temporary construction
trailers or sheds.
[Ord. 1112, 1/19/2010]
Windmills, windwheels, or wind energy conversion systems (WECS)
shall be permitted in all zoning districts, subject to the following
conditions:
A. No said systems or equipment shall be erected in a front yard or
within the area between a front lot line and the front building facade
of the principal building on the lot.
B. The structure supporting the wind rotor unit, including any necessary
guideposts and supporting cables, shall be independent of any occupied
structure and located a minimum distance of the tower height plus
10 feet from any occupied dwelling and shall not be more than 75 feet
in height or greater than 15 feet over the maximum.
C. The minimum distance between the tower and any property line shall
be not less than twice the height of the tower.
D. The minimum distance between grade and the lowest point of the rotor
blade shall be 20 feet.
E. All electric lines/utility wires shall be buried underground.
F. Any mechanical equipment associated and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
by a six-foot fence with screening planting in accordance with this
chapter. The supporting structure shall also be enclosed by a six-foot
fence, unless the base of the tower is not climbable for a distance
of 12 feet.
G. When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 140 square feet.
H. One windmill, windwheel or WECS shall be permitted per lot.
I. The resultant energy harnessed from the wind shall not be used on
property other than that on which located, unless all applicable cogeneration
requirements are met.
J. The supporting structure and generating unit shall be kept in good
repair and sound condition. Upon abandonment of use, the supporting
structure and related structures shall be dismantled and removed from
the property within 60 days.
K. The applicant shall demonstrate that any noise from the wind generating
unit shall not exceed 45 dBA, measured at the property line.
(1)
A "decibel" shall mean a unit for measuring the relative intensity
of sounds; more specifically, a unit for expressing the ratio of two
amounts of acoustic signal power equal to 10 times the common logarithm
of this ratio.
(2)
"A-weighted sound level" shall mean the total sound level, in
decibels, of all sound as measured with a sound-level meter with a
reference pressure of 20 micropascals using the A-weighted network
(scale) at slow response. The unit of measurement shall be defined
as "dB(A)."
[Ord. 1112, 1/19/2010; as amended by Ord. 1125, 9/20/2011;
and by Ord. 1129, 6/5/2012]
A. Purpose.
(1)
The sign regulations, controls and provisions set forth in this
chapter are made in accordance with an overall plan and program related
to residential and nonresidential uses. The regulations, controls
and provisions are intended to guide public safety, area development,
preservation of lot values and the general welfare of Mechanicsburg
Borough. To maintain the Borough's established historic integrity,
within all zoning districts, all proposed signage, whether associated
with new development, infill, replacement or redevelopment, shall
seek to promote compatibility with existing surrounding development
and activity. The regulations, controls and provisions are also intended
to:
(a)
Aid in traffic control and traffic safety.
(b)
Lessen congestion of land and air space.
(c)
Establish reasonable standards for nonresidential and other
advertising through the use of signs in order to maintain and encourage
business activity and economic development.
(d)
Avoid uncontrolled proliferation of signs.
(e)
Recognize the rights of the public in roads, streets, highways
and the areas adjacent to those roads (sidewalks), streets, highways
and sidewalks.
(f)
Preserve the wholesome and attractive character of the Borough.
(g)
To recognize that the general welfare includes a community plan
that shall be attractive as well as healthy and safe, spacious, clean
and well balanced in its growth and development.
B. Sign Packages, Permits and Fees.
(1)
All persons who are proposing to perform any of the following
actions to a new sign and/or existing sign within the Borough shall
prepare a zoning permit application:
(2)
"Modify" shall mean a sign cabinet or sign face replacement
because of a change in the nature of the business or a change in the
name and/or ownership of a business; or a change to the size, or replacement
of supporting structures.
(3)
Zoning Permit Application.
(a)
The zoning permit application shall contain a detailed drawing
prepared to scale, including but not limited to all of the following
information regarding the sign:
[3]
Site plan showing proposed location(s) on lot.
[4]
Building elevations showing proposed location of sign.
[7]
Grade level base of sign.
[9]
Connections to ground plane (where applicable).
[11] Sources of sign illumination and applicable details
of the fixture and screening.
(b)
The Zoning Officer shall review all zoning permits for signs
for completeness.
[1]
Applications deemed to be incomplete shall be returned to the
applicant with a description of missing and/or incomplete items. This
provision shall apply to:
[a] New construction after the effective date of this
Chapter.
[c] The proposal of new, or changes to, the material(s),
structure, lighting mechanisms of signs of an existing use.
(c)
The application for a permit shall be signed by the landowner
and/or developer of the lot. The tenant of the lot, if not the landowner
and/or developer, shall be permitted to sign the permit application
if the tenant presents notarized evidence that the tenant has permission
to act on the landowner's and/or developer's behalf.
(4)
Permits for Signs.
(a)
Failure to conform to the conditions of a zoning permit for
a sign, including any conditions and/or stipulations attached thereto,
shall render such permit null and void.
(b)
Any permit issued by the Zoning Officer for erection, alteration,
replacement or relocation of a sign shall expire automatically within
six months of the date of issuance if work authorized by the permit
has not been initiated and diligently pursued.
(c)
The Zoning Officer shall issue the required permits upon submission
of an application that complies with all applicable provisions of
this chapter and payment of the required fee.
(5)
Fees. Fees for zoning permits for signs shall be required and
payable in such sums as the Borough Council may from time to time
establish by resolution.
(6)
Other Permits and Applications Required for Signs.
(a)
A building permit shall be obtained for any and all commercial
sign installation or repair of any kind, including banners.
(b)
A certificate of appropriateness application shall be required
to be submitted for any and all sign installation or repairs of any
kind if the building is within the boundaries of the Historic Districts.
(7)
Permits Not Required.
(a)
No permit shall be required for the following types of signs
as described and defined in this chapter so long as they are in accordance
with the chapter:
[1]
Signs erected by a governmental agency.
[4]
Legal and/or lot notice signs.
C. Nonconforming Signs.
(1)
Legally Recognized Signs.
(a)
Nonconforming signs shall not be enlarged, added to or replaced
by another nonconforming sign, except:
[1]
An interchange of content or poster panels shall be permitted.
(b)
Nonconforming signs may be repaired or reconstructed, provided
that:
[1]
Structural alterations shall not be made which increase the
gross surface area of the sign, however:
[a] Nonconforming signs which are damaged or destroyed
to an extent of more than 75% of their replacement cost at the time
of destruction shall not be reconstructed except in conformity with
the provisions of this chapter.
(2)
Repair or Maintenance.
(a)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure or part thereof
declared to be unsafe by any official charged with protecting public
safety.
(b)
Any sign lawfully existing at the time of the passage of this
chapter that does not conform with the regulations of the zoning district
in which such sign is located shall be considered nonconforming and
may continue, subject to the following provisions:
[1]
Signs which are nonconforming by reason of their absolute prohibition
shall be removed within five years following enactment of this chapter
or from any other date of the establishment of their nonconformity.
[2]
Signs which are nonconforming by reason of dimensions may continue
in their present location until replacement or rebuilding becomes
necessary, at which time a zoning permit will be required and the
sign brought into conformity with this chapter.
D. Procedure.
(1)
Sign Installation.
(a)
All signs shall be installed in accordance with and shall meet
applicable Borough of Mechanicsburg building codes, and it the responsibility
of the sign owner to so comply. Upon installation, the Zoning Officer
(and Building Code Inspector for commercial signs) shall issue a certificate
of occupancy.
(2)
Sign Placement.
(a)
No sign shall be placed, erected or located so that:
[1]
It is pasted, stapled or otherwise attached, to public utility
poles, trees or official traffic control devices or it is painted
on, attached to, or supported by a tree, stone, cliff or other natural
object.
[2]
It is on a public lot or public right-of-way, unless erected
by a governmental body, or unless required and/or approved to be so
located by order of a governmental body.
[3]
It is displayed on a vehicle parked and visible from a public
right-of-way unless the vehicle is used for the normal day-to-day
operation of a business on the premises. The intent of this provision
is to prohibit the use of a sign on a vehicle to circumvent sign limits
on the lot.
(b)
Sign fonts and logos shall not be legible from the rear of the
sign.
(c)
Building signs in nonresidential zoning districts shall be placed
on the front face of the building only, except in instances where
the entrance door to the business is on the side or the rear of the
building or the building is located on a corner lot. However, no signs
in nonresidential zoning districts may face an immediately adjacent
residential zoning district.
(d)
Sign location. Except for permitted billboards or off-premises
signs, in conformance with this chapter, all signs shall be located
on the premises which they are intended to serve.
(3)
Sign Landscaping.
(a)
Ground Signs.
[1]
For each visible sign face, the landowner and/or developer shall
provide landscaping equivalent to 1 1/2 square feet for each
square foot of sign area (both faces).
[2]
Landscaping shall consist of a combination of deciduous and
evergreen trees, ornamental grasses, ground cover and/or small shrubs.
[3]
Turf grass shall not be considered as landscaping for ground
signs. The height of any decorative base or architectural or landscape
feature erected to support or ornament the sign shall be measured
at average grade level of the ground to the top of the sign structure,
provided the grade level is not deliberately elevated to increase
the height of the sign.
(4)
Sign Size.
(a)
The square footage of the sign shall refer to the graphics area
of the sign facing.
(b)
Size of individually mounted letters or logos shall be measured
as the area enclosed by the smallest single rectangle or square which
will enclose all sign copy and logos.
(c)
Ground signs mounted as individual letters and/or graphics against
a wall or fence incorporated in the landscaping of a building shall
be measured from the outermost length and height dimensions of the
sign.
(d)
Ground signs installed perpendicular to a street may be double
faced with the allowable square footage on each face.
(e)
Double-faced signs that are erected at an angle to each other
will be subject to the following as to whether they are intended as
two signs or for all intents and purposes only constitute one sign:
[1]
For north/south, east/west orientation on the serving street.
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.
(f)
Wall signs shall not exceed the width of the front of the building
on which it is located and shall not protrude more than 18 inches
from the facade on which the sign is mounted.
(g)
Gasoline service stations shall be allotted 10 additional square
feet to display price-per-gallon figures, divided as they select between
logo and prices on the one ground sign permitted on the lot.
(h)
Automobile dealers are permitted one "used car" ground sign
not to exceed 12 feet in height and 10 square feet in area; or the
10 additional square feet can be incorporated into the existing sign
to advertise used cars, divided as the sign owner selects.
(i)
Sign copy mounted or painted on an illuminated surface (including
awnings) or illuminated architectural element of a building shall
be measured as the entire illuminated surface or architectural element
which contains sign copy. A nonilluminated sign placed on an awning
shall be measured as if it is placed on any other architectural element.
(5)
Sign Maintenance.
(a)
Every permitted sign must:
[1]
Be constructed of durable material, kept in good condition and
repair and otherwise comply with the Borough Building Code and Property
Maintenance Code.
[a] If the durability and/or condition of said sign
is not repaired or improved within the time specified by the Zoning
Officer, the Borough may remove the sign at the expense of the owner
or person in possession of the lot on which the sign is located.
[b] The Zoning Officer will notify the property owner
and/or the responsible party with a certified letter prior to any
removal action being taken by the Borough, unless the said sign poses
an imminent danger to persons or property.
(b)
Any damaged sign shall be repaired within 60 days, unless ordered
by the Zoning Officer to be repaired or replaced and/or an imminent
danger exists.
(c)
Any sign which has been damaged to such extent or installed
in a dangerous manner that it may pose an imminent danger to the public,
as determined by the Zoning Officer, shall be repaired or removed
immediately by the property owner and/or other known responsible parties.
(d)
Any internally illuminated sign cabinets or sign panels which
have been damaged shall remain nonilluminated until repaired.
(e)
Failure to comply with these sign maintenance requirements shall
constitute a violation of this chapter.
(6)
Liability.
(a)
The provisions of this section shall not be construed as relieving
or limiting in any way the responsibility or liability of any person,
firm or corporation, erecting or owning any sign, or resulting from
the negligence or willful acts of such person, firm or corporation,
or any agents, employees or workmen, in the construction, maintenance,
repair or removal of any sign erected in accordance with a zoning
permit issued hereunder. Nor shall issuance of such permit be construed
as imposing on the Borough or its offices or employees, any responsibility
or liability by reason of approval of any signs structural integrity,
construction methods, materials, electrical or mechanical devices
or other components which shall be the sole responsibility of the
person, firm or corporation erecting, owning, repairing or removing
such sign.
E. General Regulations.
(1)
When applicable, a zoning permit (and building permit for commercial
signs) shall be required for all proposed signs or modifications to
existing signs.
(2)
Signs shall be considered as structures for purposes of location
on a property, except that in a front yard between side lot lines
they may be placed no closer than 20 feet to an adjacent highway right-of-way
line.
(3)
The construction of each sign shall comply with applicable provisions
of the Borough of Mechanicsburg's Building Code.
(4)
No sign shall be permitted to hang from or be placed over a
second sign except that signs may be placed on, but not extended beyond,
any vertical face of a marquee or canopy. This does not exclude separate
placards from being independently attached to the same supporting
structure as long as the total area of all combined does not exceed
the area limitation.
F. Prohibited Signs.
(1)
Wheeled signs shall not be located on a property abutting any
street within the Borough.
(2)
Banners and pennants, other than temporary event or displays
and/or flags authorized by this Chapter. Banners used as temporary
signs (signs which would be temporary until a permanent sign is installed)
are permitted as long as they are secured, not waving or fluttering,
comply with maximum size permitted and are erected for no more than
20 consecutive days or removed immediately upon the installation of
a permanent sign and shall meet all Borough building codes. National,
state or municipal flags shall not be considered a banner or pennant.
(3)
Signs on trees, utility poles or official traffic control devices.
(4)
Signs on/or affixed to vehicles and/or trailers which are parked
on a public right-of-way, public lot or private lot, other than temporarily
for overnight storage on the sight of a business or for maintenance,
repair, loading, unloading or rendering a service at any location,
which are visible from the public right-of-way and where the apparent
purpose is to advertise a product or direct people to a business or
activity located on the same or nearby lot.
(5)
Any sign that obstructs free ingress to or egress from doors,
fire escapes, operable windows or denies access to them; nor shall
a sign be attached to a fire escape.
(6)
Signs that, by reason of size, location, coloring or manner
of illumination, obstruct the vision of drivers or obstruct or detract
from the visibility or effectiveness of any traffic sign or control
device on public streets and roads; signs that imitate traffic control
devices or signs that make use of words such as "stop," "look," "one
way," "danger," "yield," or any similar words, phrases, symbols, lights
or characters in such a manner as to interfere with, mislead, or confuse
motorists and/or pedestrians or obstruct sight distances of traffic.
(7)
For lots along Main and/or Market streets in the OT and CMM
Districts, ground signs shall not be permitted in the front yard in
between the front lot line and the front facade of the principal building
if said building is closer than 25 feet to the right-of-way.
(8)
Misleading Information. No sign shall be created which states
or implies that a lot may be used for any purpose not permitted under
the provisions of the chapter.
G. Major Types of Permanent Signs. Signs in all zoning districts shall
be categorized according to the types described below and shall comply
with the requirements for those types described in this section.
(1)
Sign Types.
[Amended by Ord. 1138, 6/17/2014]
Table 6: Sign Types
* = Permitted
|
---|
Type
|
Residential District
|
Non-residential Districts
|
Residential Use
|
Mixed Use
|
Non-residential Use
|
---|
1.
|
Ground
|
•1
|
|
•1
|
•
|
•
|
2.
|
Wall
|
|
|
•2
|
•
|
•
|
3.
|
Projecting
|
|
|
|
•
|
•
|
4.
|
Awning
|
|
|
|
•
|
•
|
5.
|
Window
|
|
|
•1
|
•
|
•
|
6.
|
Door
|
|
|
•1
|
•
|
•
|
7.
|
Historic Tablet
|
•
|
|
•
|
•
|
•
|
8.
|
Plaque/ Cornerstone/ Nameplate
|
•
|
|
•
|
•
|
•
|
9.
|
|
|
|
|
|
•
|
NOTES:
|
---|
1
|
Multifamily use (apartment or condo). Institutional
uses within residential districts shall be permitted to have a ground
sign which does not exceed 20 square feet.
|
2
|
Townhouse and single-family attached buildings only.
|
(a)
For lots along Main and/or Market Street in the OT and CMM Districts,
ground signs shall not be permitted in the front yard or in between
the front lot line and the front facade of the principal building
if said building is closer than 25 feet to the right-of-way.
(2)
Sign Criteria.
(a)
Illuminated window signs shall include lighted signs placed
inside a window facing the exterior of the building. A zoning permit
shall be required for illuminated window signs.
[1]
Illuminated window signs shall not be placed above the ground
floor of the building and/or more than 10 feet above grade level of
the building.
[2]
Illuminated window signs shall not exceed a size of 16 square
feet. Anything exceeding this size shall be deemed the building sign
to which the business is entitled. Any combination of illuminated
window signs grouped in an area not to exceed 16 square feet will
be permitted.
(3)
Off-Premises Signs.
(a)
Off-premises advertising sign structures, including billboards,
poster panels, bulletins, and the like may be erected and maintained
in the industrial district subject to the following regulations:
[1]
No such structure shall contain more than two advertising sign
facings.
[2]
Off-premises advertising sign structures shall not exceed a
total of 300 square feet in surface area.
[3]
No off-premises advertising sign shall be permitted to be erected
within five feet of an adjoining residential zoning district if the
sign face is visible from and designed to face into such zoning district.
(4)
Public utility signs required in connection with the identification,
operation, or protection of a public utility, provided the area of
one side of any such sign shall not exceed eight square feet.
(6)
Sign Criteria.
Table 7: Sign Criteria — Residential Zoning
Districts
|
---|
Type
|
Maximum Square Footage
(square feet)
|
Maximum Signs per Street Frontage
|
Time Limit
|
Illumination
|
Content
|
---|
Residential
|
|
|
|
|
|
1.
|
Sale or rental advertisements
|
6
|
1
|
7 days of final sale or rental
|
None
|
Name of person effecting the sale or rental
|
2.
|
Sale or development advertisement
|
20
|
1
|
None
|
None
|
None
|
3.
|
Location and direction to development
|
4
|
1 per 500 feet of street frontage, 5 maximum
|
None
|
None
|
None
|
4.
|
Private no trespassing
|
Area of one side maximum 2 square feet
|
None
|
None
|
None
|
None
|
5.
|
Schools, churches, libraries, or other institutions
of like nature
|
30
|
1
|
None
|
None
|
None
|
6.
|
Home occupation identification
|
4
|
1
|
None
|
Lighting shall be shielded or indirect; neon signs
prohibited
|
Brief description of services offered and shall not
contain specific product brand names or trademarks
|
7.
|
Official signs instituted by government
|
None
|
None
|
None
|
Only traffic control or safety devices
|
None
|
(a)
For a nonresidential use, permitted nonresidential signs in
a residential district shall comply with the provisions of those for
nonresidential signs.
Table 8: Sign Criteria — Nonresidential
Zoning Districts
|
---|
Type
|
Maximum Square Footage
(square feet)
|
Maximum Height/Clearance
|
Maximum Quantity
|
Maximum Quantity-Upper Level
|
---|
Nonresidential Districts
|
|
|
|
|
1.
|
Ground
|
24
|
12 feet, though shall not exceed the height of the
lowest roof line
|
1
|
None
|
2.
|
Wall
|
2 maximum for each foot of width of the front of the
building wall or width of that portion of such wall devoted to such
establishment (shall not exceed 15% of the total wall area)
|
None
|
1 wall and 1 projecting or 1 wall and 1 awning
|
1 ground and 1 awning or 1 wall and 1 awning
|
3.
|
Awning
|
18
|
Shall not be less than 10 feet above sidewalk or finished
grade; shall not project from the building more than 5 feet
|
None
|
None
|
4.
|
Projecting
|
8
|
None
|
None
|
1 projecting or 1 awning
|
5.
|
Window
|
Street level: less than 50% glazed area or 10 square
feet (whichever is less)
Upper level: less than 20% glazed area or 8 square
feet (whichever is less)
|
None
|
2
|
2
|
6.
|
Door
|
6
|
None
|
1
|
1
|
7.
|
Historic tablet
|
1.5
|
None
|
1 per street facade
|
None
|
8.
|
Plaque
|
4
|
None
|
2 per building
|
None
|
(b)
Lots with Multiple Street Frontage.
[1]
In all zoning districts, lots fronting on more than one street
shall be permitted to have one sign type as defined by this chapter
for each street frontage.
H. Minor Types of Permanent Signs.
(1)
The following types of signs are considered minor and are permitted
for all land uses and within all zoning districts of the Borough:
(a)
Legal and/or lot notice signs.
[1]
Signs bearing legal and/or lot notices such as: no trespassing,
private property, no turnaround, safety zone, no unauthorized hunting
and similar messages and signs posted by a governmental agency or
traffic control or the safety of the general public.
[2]
The number, location and size of legal notification signs erected
by public agencies shall be in accordance with the laws of the commonwealth.
Legal notification signs posted on a private lot by the landowner
and/or developers such as "no trespassing," "no hunting" and the like
shall be limited to a surface area not exceeding two square feet.
The placement and maximum notification signs permitted along a property
line shall be one sign for every 100 feet of property line length.
[3]
Service signs, a sign which is incidental to a use lawfully
occupying the property upon which the sign is located which sign is
necessary to provide information to the public such as direction to
parking lots, location or rest rooms, or other such pertinent information.
[4]
Legal and/or lot notice signs shall not apply to the permitted
signage allotment outlined in this chapter.
(b)
Memorial/historical plaques. Commemorative plaques placed by
a recognized agency of the Borough, county, state or federal government.
(c)
Governmental signs. Signs erected by a governmental agency,
including street signs and official traffic signs.
I. Minor Types of Portable Signs.
(1)
The following classes of minor type signs are permitted in nonresidential
and mixed use zoning districts:
(a)
Portable advertising signs (used for commercial purposes).
(2)
Provisions for Use.
(a)
Portable advertising sign (zoning permit needed).
[1]
Portable advertising signs shall be permitted as an accessory
sign, provided that they are clearly accessory to the nonresidential
principal use.
[2]
One portable advertising sign shall be permitted for each store
front.
[3]
Portable advertising signs shall not exceed 15 square feet (including
both sides).
[4]
Portable advertising signs shall not exceed four feet in height.
[5]
Portable advertising signs shall be nonilluminated.
[6]
Portable advertising signs shall be removed during nonbusiness
operating hours.
[7]
Portable advertising signs shall not block required clear space
or areas needed for pedestrian and/or vehicular circulation. There
shall be five feet of sidewalk clear space for pedestrian traffic.
[8]
A portable advertising sign shall not block ingress or egress
from any door, operable window or fire escape or deny access to them.
[9]
Portable advertising signs shall be placed against the exterior
front wall of the property.
[10] Lots with front yards or parking lots between
the building and the street shall place the portable sign between
the building and sidewalk, not on the sidewalk, and meet all other
requirements of this chapter.
[11] Portable advertising signs shall not be placed
within five feet of any vehicular roadway.
[12] The placement of portable advertising signs shall
meet all Americans with Disabilities Act standards and requirements.
(b)
Flag Signs.
[1]
National, state or municipal flags of any size shall be permitted
in all zoning districts.
[2]
Flag signs shall be permitted in all nonresidential zoning districts
as minor portable signs in strict compliance with the following requirements:
[a] Flag signs shall be permitted as an accessory sign,
provided they are clearly accessory to the nonresidential principal
use.
[b] Only one flag sign shall be displayed for each
principal nonresidential use on the tract. For the purposes of this
requirement, commercial enterprises under separate ownership within
the same building shall be considered separate uses.
[c] Flag signs shall be inserted on a wall mount properly
affixed to the building within which such use is conducted.
[d] The lowest portion of any flag sign projecting
or hanging no less than seven feet above the public sidewalk or grade.
[e] Flag signs shall not extend more than six feet
from the facade of the structure or extend into a vehicular roadway,
whichever is less.
[f] All parts of flag signs, inclusive of flags, poles,
staffs and all wall mounts and hardware, shall be maintained in a
proper and safe condition so as not to constitute a hazard to persons
or property.
[g] Flag signs may be displayed only during business
hours.
(c)
Liability.
[1]
Any sign placed on a public right-of-way is the sole responsibility
of the person and/or entity who or which caused it to be placed there
and/or the owner of the property where the said sign is located.
J. Temporary Signs. The following classes of temporary signs are permitted
for all land uses and within all zoning districts:
(1)
Classes of Temporary Signs.
(d)
Temporary event/display, including banners and portable temporary
signs.
(2)
Provisions for Use of Temporary Signs.
(a)
Real estate sign (no zoning permit needed).
[1]
One nonilluminated temporary real estate sign shall be permitted
on each lot, provided that the real estate sign shall not exceed a
total of 12 square feet in surface area calculated for all faces when
located on a lot with any residential use and shall not exceed 32
square feet calculated for all faces on any other lot.
[a] Such sign shall be removed within 14 days of the
sale or rental of the lot on which it is located.
(b)
Development sign (no zoning permit needed).
[1]
One nonilluminated temporary development sign shall be permitted
on each lot, provided that the surface area of the sign shall not
exceed 32 square feet in surface area calculated for all faces.
[a] The development sign shall not exceed six feet
in height when located on a lot with any residential use and shall
not exceed 10 feet in height on any other lot.
[b] Such development sign shall be removed within 14
days of the sale or rental of the last lot or completion of the proposed
construction in the development.
(c)
Construction Signs (no zoning permit needed).
[1]
Two nonilluminated temporary construction signs announcing the
names of contractors, mechanics, artisans and other associated supporting
entities engaged in performing work on the premises shall be permitted
on a lot, provided that:
[a] Each construction sign shall not exceed 32 square
feet in area calculated for all faces.
[b] The construction signs shall not be placed before
work commences and shall be removed within 14 days of the completion
of the work.
[c] The establishment wishing to display such construction
signs shall contact the Zoning Officer prior to displaying, to give
notice of the intent and the period during which the construction
sign will be displayed.
(d)
Temporary Event/Display Sign (zoning permit needed).
[1]
One nonilluminated temporary event/display sign, as defined
by this chapter, shall be permitted, provided that:
[a] A nonilluminated temporary event/display sign may
be erected on the face of the lot's principal structure, provided
that the area of the signs shall not exceed 32 square feet.
[b] A nonilluminated temporary event/display sign is
not displayed for a period longer than 30 days and is removed immediately
following the event that it is erected to promote.
[c] Landowners may place a nonilluminated temporary
event/display sign in the public right-of-way and/or the front yard
portion of their property, provided such signs do not interfere with
motorist or pedestrian visibility or safety, and the sign is otherwise
not of a type restricted by this chapter.
[2]
Portable signs shall be permitted as a temporary event/display
sign and shall meet all following requirements:
[a] One total portable sign shall be permitted for
each lot.
[b] Portable signs shall not exceed 15 square feet
(including both sides).
[c] Portable signs shall be nonilluminated.
[d] Portable signs shall not block required clear space
or areas needed for pedestrian and/or vehicular circulation.
[e] Signs placed on sidewalks shall not be placed within
five feet of a vehicular roadway.
[f] Signs shall be placed so there is a minimum of
five feet clearance of travel on sidewalks for pedestrian traffic.
[g] Signs shall not block ingress or egress from any
door, operable window or fire escape or deny access to them.
[h] Signs shall not exceed four feet in height.
[i] Any temporary event/display sign placed on public
property is prohibited without the consent of the governing body.
[j] All temporary event/display signs must list the
owner or organization that is responsible for the signs. The name,
address and phone number shall be placed legibly on the back of said
sign.
[k] Any temporary event/display sign found to be in
violation, where the sign is placed on public property, will become
the property of the Borough and be removed and disposed of at the
expense of the person or organization that placed the sign and/or
the property owner on which the sign is located.
[l] Organizations, businesses, or landowners and/or
developers or any other persons found violating the provisions set
forth within this section will forfeit their right to be issued a
zoning permit for a temporary sign for a period of one year commencing
from the date said violation is found to have occurred.
(e)
Political Signs (no zoning permit needed).
[1]
The area of any one side of such sign shall not exceed 16 square
feet.
[2]
Anyone placing such signs shall obtain permission of the property
owner where the sign is to be placed.
(f)
Holiday Decorations (no zoning permit needed).
[1]
Holiday decorations displayed for holidays shall be exempted
from the provisions of this Chapter, except as where they may cause
glare, interfere with traffic safety or in any other way cause a public
safety hazard.
K. Additional Sign Provisions.
(1)
Visibility. Signs in all zoning districts shall be located in
such a position that they will not cause a hazard by obstructing visibility
or distracting motorists, obscure a traffic signal or other traffic
control device, or be placed in such a manner as to cause a hazard
to pedestrians.
(2)
Illumination.
(a)
Illumination, when authorized by this chapter, shall be directed
upon the sign face and not towards adjoining lots or streets so that
the source of illumination is not visible.
(b)
Internal illumination of signs shall be permitted only in accordance with the lighting performance standards set forth in §
27-909, Glare, of this chapter.
(c)
Signage lighting which is placed on the front of any property
fronting a street inside the Borough shall be stationary and constant
in intensity and color at all times as not to cause motorist or pedestrian
distraction.
(d)
Electronic variable message signs, meaning an electronically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming, shall not be permitted to be placed at the front or side of any property fronting a street within the Borough, and when in conformance with this chapter shall be the same image or content without change for a period of 24 hours, with the exception of time and temperature displays. See also §
27-909, Glare.
(e)
The intensity of any source of illumination of any sign, whether
indirect or internal, shall be controlled so as to not create glare
and to be compatible with the intensity of ambient light and illumination
on surrounding lots from dusk to dawn.
(3)
Removal of Signs.
(a)
Whenever any business, activity or product on a lot is discontinued,
vacated or no longer sold, all signs relating to the discontinued
or vacated business shall be removed within 30 days of the vacation
or discontinuance of the business or activity. The zoning permit shall
become null and void when a business, activity or product on a lot
is discontinued, vacated or no longer sold.
(b)
If the landowner and/or developer fail to remove the sign by
the end of the 30 days from the permit expiration date, the Borough
shall be permitted to remove the sign at the landowner's and/or developer's
expense.
[Added by Ord. 1138, 6/17/2014]
A. On-site activities shall be appropriately located, scheduled, operated,
and maintained to protect the existing neighborhood and nearby residential
uses so as not to violate the noise standards of Mechanicsburg Borough.
B. Nonresidential Uses. Nonresidential uses shall comply with the following
regulations:
(1)
Hours of operation limitations.
(a)
Residential zoning districts. In accordance with times identified
as part of the Mechanicsburg Borough Code and/or related Borough requirements,
a nonresidential use shall be permitted to operate or be open to the
public or patrons. Additionally, the following on-site activities
shall be controlled:
[1]
Delivery or loading of inventory, merchandise, goods, or other
products.
[2]
Trash, refuse, or rubbish removal.
(b)
Other zoning districts.
[1]
For properties adjoining a principal residential use.
[a] In accordance with times identified as part of
the Mechanicsburg Borough Code and/or related Borough requirements,
a nonresidential use shall be permitted to operate or be open to the
public or patrons. Additionally, the following on-site activities
shall be controlled:
[i] Delivery or loading of inventory, merchandise,
goods, or other products; and
[ii] Trash, refuse, or rubbish removal.
[b] The ZHB may permit a nonresidential use to operate
or be open to the public or patrons beyond times identified as part
of the Mechanicsburg Borough Code and/or related Borough requirements
by special exception pursuant to this chapter relating to special
exceptions in Zoning Hearing Board's functions. The sole criteria
for special exception approval for such hours shall be whether the
proposed hours of operation would cause a significant nuisance to
residents of the adjoining principal residential use, considering
noise and other nuisances.
(c)
The hours of operation limitations referenced in the subsections
above shall not prevent persons from working on the premises during
such hours, such as for office work, cleaning, or stocking shelves.
(d)
Except as prohibited in the subsections above, twenty-four-hour
operations are permitted by state law to the extent they are not detrimental
to the health, safety, and welfare of the community. If such finding
shall be made by the Borough based upon incident history, the hours
of operation for any such use may be restricted.
(2)
Hours of operation and management plan. For a nonresidential
use, an hours of operation and management plan shall be submitted,
demonstrating how the on-site activities are appropriately scheduled,
operated, and maintained to protect the existing neighborhood and
nearby residential uses from detrimental noise, disturbance, or interruption.
The hours of operations and management plan shall include the following,
unless the Borough Zoning Officer determines such information is unnecessary
to determine compliance with this chapter:
(a)
Address of the premises of proposed use, including tax parcel
identification number.
(b)
Name and general and specific type of the proposed use (e.g.,
commercial use, retail sales).
(c)
Name and related contact information of the owner, on-site manager,
or other authorized agent of the proposed use and the lot [e.g., telephone
number(s), email address, etc.].
(d)
The nature of the on-site activities and operations involved
in the proposed use (e.g., the type of products, materials, equipment,
processes, etc.).
(e)
Estimated number of employees, patrons, or occupants, including
per shift and maximum permitted occupancy, as applicable.
(f)
The gross floor area of the building(s) and gross area of the
lot devoted to the proposed use.
(g)
General description of the land uses adjacent to the property
within 200 feet of the subject lot's lot line.
(h)
Vehicles and traffic associated with the proposed use (e.g.,
employees and customers'/occupants' deliveries, loading, etc.).
(i)
Hours and days the proposed use will be open or operating including
any expected special events, as applicable.
(j)
Evidence that the disposal of trash, refuse, or rubbish will
be accomplished in a manner that complies with Borough of Mechanicsburg,
county, state, and federal regulations.
(k)
A discussion of any likely possible impacts/problems the proposed
use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare,
vibration, electrical disturbance, wastewater, stormwater, solid waste,
etc.) and specific measures employed to mitigate or eliminate any
negative impact problems.
[Added by Ord. 1138, 6/17/2014]
A. Outdoor storage shall not be permitted in residential zoning districts
and mixed use zoning districts.
B. Outdoor storage within a commercial zoning district shall not exceed
50% of a lot, shall be within a completely enclosed structure and
provided with 85% opaque screening.
C. Outdoor storage within an industrial zoning district shall be within
a completely enclosed structure and provided with 85% opaque screening.
D. Outdoor storage shall not occur between the front facade of the principal
building on the lot and the front lot line of said lot.
[Added by Ord. 1138, 6/17/2014]
This plan shall illustrate:
A. All lot ingress and egress locations.
B. All building ingress and egress locations.
C. Number and location of loading spaces.
E. Location of setbacks and landscaping.
F. Evidence of forward motion. Loading facilities must be designed so
that vehicles enter and exit the site in a forward motion.
G. In order to control dust and mud, all loading areas must be surfaced
in conformance with Borough standards.