A.
Scope and applicability.
(1)
Signs may be erected, altered, maintained, used, removed or moved
only in compliance with the provisions of this section and with any
other applicable Borough regulations.
(2)
A zoning permit shall be required prior to the erection or alteration
of any such sign, except that changes in the copy of any sign or official
governmental signs shall not require such a permit.
(3)
Any existing signs which do not conform with the provisions of this
section shall not be altered or enlarged unless approved by the Zoning
Officer.
B.
General sign regulations.
(1)
No sign shall be erected which states that a property may be used
for any purpose not permitted by this chapter.
(2)
Signs referring to a use, product or activity no longer in existence
or available shall be removed within six months after cessation of
the original use, product or activity.
(3)
No sign shall be located or used in a manner that interferes with
traffic on a street by causing glare, an obstruction to vision, as
defined herein, by causing confusion with traffic control devices
or through other means.
(4)
Signs may be interior lighted with nonglaring lights or may be illuminated
by shielded floodlights. No lights of intermittent or flashing type
shall be permitted.
(5)
Illuminated signs adjoining or visible from nearby residential areas
shall be shielded to protect adverse effects or nuisances upon nearby
dwellings.
(6)
An awning with or without graphics and visual displays shall not be considered to be a sign under this chapter, except that all awnings which project over any public right-of-way or private area shall be subject to the requirements of § 170-96C(3).
(7)
No part of any sign, except for an official governmental sign, shall
be located within the official right-of-way of any street or alley,
unless specifically permitted herein.
(8)
Any vehicle to which a sign is attached in such a manner that the
sign is no longer incidental to the vehicle's primary purpose shall
be considered to be a freestanding sign subject to the sign provisions
for the zoning district in which the sign is located.
(9)
Every sign shall be constructed of durable materials and shall be
kept in good condition and repair.
(10)
Flashing and moving signs shall not be permitted in any zoning
district.
C.
Location, height and projection of signs.
(1)
Location of signs. Unless otherwise provided for herein, all signs
may be located in any required yard area and may be freestanding or
attached to a building or other permanent feature on the site, excluding
fences located closer than five feet of side yard property lines.
(2)
Height limitations. Signs shall not exceed the following height limitations:
(a)
Signs accessory to uses located in the R-1 and R-2 Zoning Districts
shall not exceed 10 feet in height.
(b)
Signs accessory to uses located in the remaining zoning districts
(H-1, TC, C-1, C-2 and I-1) shall not exceed 30 feet in height.
(c)
No sign may be attached to a building in a manner which allows
it to exceed the roof height of the building.
(3)
Projection of signs.
(a)
No sign erected or replaced after the effective date of this
chapter shall project more than one foot over a public sidewalk or
street right-of-way.
(b)
Signs which project over private areas shall conform with other
applicable Borough requirements and shall be approved by the Borough
Council, but in all cases shall be at least 14 feet above the level
of any area used for pedestrian or vehicular traffic.
(c)
Signs attached parallel to the building which project more than
12 inches from the face of the building shall be at least eight feet
above the ground level.
(d)
The owners of all signs and awnings which project over any public
right-of-way shall provide insurance in an amount specified by the
Zoning Officer sufficient to hold the Borough harmless in the event
of any damage to life or property caused by such a sign or awning
in the public right-of-way.
D.
Type of signs permitted in zoning districts. The size and type of signs permitted in the various zoning districts are set forth below [refer to § 170-96D(5) Diagram: General Sign Types]:
(1)
R-1 and R-2 Zoning Districts. The following signs are permitted in
the R-1 and R-2 Zoning Districts:
(a)
A simple nameplate sign containing the name, address, professional
or home occupation activity of the occupant of the premises is permitted.
Such sign shall not be illuminated or be constructed of highly reflective
materials and shall not exceed two square feet in area. Such signs
shall be attached to the building to which they pertain.
(b)
A single identification sign or bulletin board, not exceeding
12 square feet in area, is permitted in connection with any church,
school, college, hospital, institution, park, playground or other
similar public or semipublic use. Such signs may be attached to the
building to which they pertain and shall not be located within five
feet of all lot lines if they are freestanding.
(c)
A single identification sign attached to the building to which
it pertains and not exceeding 10 square feet in area is permitted
for any legally existing nonconforming use.
(d)
A business or identification sign applicable to an approved
special exception, not exceeding 12 square feet in area, which is
specifically approved by the Board is permitted.
(2)
H-1, TC and C-1 Zoning Districts. The following signs are permitted
in the H-1, TC and C-1 Zoning Districts:
(a)
Business or identification signs are permitted which direct attention to a business, profession, product, service, activity, use or entertainment sold or offered on the premises where such a sign is located. The total area of such a sign or signs shall not exceed 10% of the surface of the building facade or of the wall area on which the sign is mounted or to which the sign pertains, except as provided for in § 170-96D(4).
(b)
A single identification sign or bulletin board, not exceeding
24 square feet in area, is permitted in connection with any church,
school, college, hospital, institution, park, playground or other
similar public or semipublic use.
(c)
A single identification sign, not exceeding 24 square feet in
area, is permitted for any legally existing nonconforming use.
(3)
C-2 and I-1 Zoning Districts. The following signs are permitted in
the C-2 and I-1 Zoning Districts:
(a)
Any sign permitted in the H-1, TC and C-1 Zoning Districts.
(b)
Advertising signs or billboards which direct attention to a
business, product, service, activity, use or entertainment not conducted,
sold or offered upon the premises where such sign is located. Advertising
signs shall not be closer to each other than 100 feet.
(4)
Maximum size of signs in nonresidential districts. The total square foot area of all signs located on any single parcel under the provisions of § 170-96D(2) and (3) above shall not exceed two square feet for every one linear foot of lot width having frontage on a public street, provided that on corner lots only the longest dimension may be used.
(5)
Diagram. General Sign Types from the International Zoning Code, 2009:
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E.
Design of signs. Wherever possible, the applicant for any sign shall
consider the following design principles for the purpose of establishing
a coherent and attractive visual appearance for the area in which
the sign is located:
(1)
The height, size and general appearance of signs shall be consistent
in appearance and shall be of uniform height and layout and harmonious
with other adjoining signs located within 300 feet of the parcel.
(2)
Signs shall be visible from the street to both pedestrians and vehicular
passengers.
(3)
Signs shall not be designed to block the visibility of other adjoining
signs and wherever possible shall be attached flat or parallel to
the building to which they pertain and shall not project out more
than 12 inches from the face of the building.
(4)
Freestanding signs shall be set back 10 feet from the property lines
and shall be consistent and harmonious with the size of the structure
to which they pertain and shall not detract from the visibility or
appearance of any adjoining structures.
(5)
Advertising signs and billboards shall not dominate the view of the
structures located within 500 feet of such signs.
F.
Prohibited signs. The following signs are prohibited in all districts:
(1)
Signs which in any way simulate official governmental signs that
are not concerned with the protection of the public health and safety.
(2)
Banners, spinners, flags, pennants or any moving object used for
commercial advertising purposes whether containing a message or not.
(3)
Flashing, blinking, twinkling signs, not including signs that alternately
display the time and temperature.
G.
Temporary signs.
(1)
Activity sign: a sign advertising a civic, social, community or fund-raising
gathering or activity, provided:
(a)
A sign may be erected no earlier than 14 days prior to the activity
to which the sign relates.
(b)
The sign application shall specify sign locations.
(c)
The applicant shall obtain written permission to erect such
signs from all property owners involved or from Borough Council if
such signs are to be placed on Borough property.
(d)
The size of such sign shall not exceed 24 square feet. In the
R-1, R-2, and TC Districts the size shall not exceed eight square
feet.
(e)
No more than one temporary activity sign shall be permitted
on a single property.
(f)
A banner sign or sign of any other type across a public street
shall only be permitted when approved by the Borough Council to be
of general benefit to the municipality or for public convenience,
necessity or welfare.
(g)
The applicant shall deposit a sum in an amount set by resolution
of Borough Council as a guarantee that all signs shall be removed
promptly within seven days after the event referred to on the sign.
The deposit shall be returned upon the satisfactory removal of the
signs within the seven-day period. If all signs are not removed at
the end of the seven-day period, the Borough shall have them removed
and keep the full sum of the deposit to reimburse the expense incurred
by the Borough.
(2)
Temporary promotion sign: a sign advertising the sale of commercial
products, provided:
(a)
Such sign shall be erected only on the property to which it
relates.
(b)
No more than one temporary promotion sign shall be permitted
on a single property.
(c)
The size of such sign shall not exceed eight square feet.
(d)
No such sign shall be displayed for more than a thirty-day time
period. Each thirty-day time period shall require a new permit.
(e)
The posting of such signs shall be limited to a maximum of four
thirty-day time periods per year.
(f)
The applicant shall specify the location of the proposed temporary
promotion sign and provide information about all other signage which
may exist on the property.
(g)
The applicant shall deposit a sum in an amount set by resolution
of Borough Council as a guarantee that all signs shall be removed
promptly at the end of the thirty-day time period. The deposit shall
be returned upon the satisfactory removal of the sign at the end of
the thirty-day time period. If the sign is not removed at the end
of the thirty-day time period, the Borough shall have them removed
and keep the full sum of the deposit to reimburse the expense incurred
by the Borough.
(3)
Moveable sidewalk sign: self-supporting, double-faced, A-frame sign,
also known as a sandwich board, or similar type sign, capable of displaying
daily specials. The interior angle of such A-frame signs shall not
exceed 45°. Such signs shall only be permitted in accordance with
the requirements herein, and are subject to removal each evening:
(a)
Such signs shall only be permitted in the TC, C-1 and C-2 Districts.
(b)
Such sign shall be erected only on the property to which it
relates.
(c)
No more than one moveable sidewalk sign shall be permitted on
a single property.
(d)
Application. The Borough Code Enforcement Officer is hereby
authorized to require such information from applicants as deemed necessary
to process the application in accordance with this chapter, including
but not limited to the size, proposed location, composition, content
and colors of the proposed sign, as well as the exact dimensions of
the sidewalks involved and sketches, plans and photographs of the
proposed sign, sidewalk and premises.
(e)
Review. All applications for permit hereunder shall be reviewed
with respect to all criteria set forth in this chapter, and also with
respect to aesthetic value and impact of the proposed sign, prior
to the issuance of any such permit. The application shall be either
approved or denied. Appeals from denial of the permit shall be taken
directly to the Borough Council whose decision shall be final. Second
and subsequent applications for permit shall not require review provided
that no change or alteration has been made to the sign initially approved.
(f)
All applications for a permit hereunder shall be accompanied
by a nonrefundable fee in an amount set by resolution of Borough Council.
(g)
All permits granted hereunder shall automatically terminate
and be null and void upon the expiration of one year from the date
of the issuance of the permit.
(h)
Directly illuminated signs shall not be permitted. Indirect
illumination shall emanate only from the building and shall be positioned
in such a manner that it does not interfere with pedestrian or vehicular
traffic.
(i)
The maximum area of any such sign shall be 10 square feet per
sign face and the height shall not exceed four feet nor be less than
three feet. Notwithstanding the provisions of this section, no sign
shall be permitted which may interfere with or otherwise impede the
visibility of vehicular traffic upon any street or driveway. All such
signs may display the name and logo of the establishment and may contain
information as to the products or services offered.
(j)
A minimum distance of four feet of unobstructed sidewalk must
be maintained at all times. Where no sidewalk exists, such signs shall
not be located within 10 feet of the shoulder or curb of the road,
whichever is greater.
(k)
The applicant, by accepting the permit, agrees to indemnify
and hold the Borough of Wilson, its agents, servants, staff or employees,
harmless from any and all claims arising out of the location, placement
or use of the sign which is the subject of the permit hereunder. A
policy of public liability insurance with an insurance company authorized
to conduct business in Pennsylvania shall be provided, covering the
location, placement and use of such sign in an amount not less than
$1,000,000 naming the Borough of Wilson as an insured thereon.
(l)
All signs licensed hereunder shall be permitted only between
the hours of 7:00 a.m. and 9:00 p.m. each day.
(m)
Borough Council may, from time to time, establish by resolution,
other such license fees as it deems reasonable and proper.
(4)
Temporary signs advertising political parties or candidates for public
office may be erected or displayed and maintained, provided:
(a)
The signs are erected or displayed by the owner or lessee of
the parcel of real property on said parcel or by the candidate, political
party or other authorized agent of either of them, with the express
permission of the owner or lessee of the parcel of real property.
(b)
The size of such sign shall not exceed 12 square feet.
(c)
The signs shall not be erected or displayed earlier than 60
days prior to the election to which they pertain.
(d)
Nothing contained herein shall be construed to permit the placing
or erecting of any such signs within a street right-of-way or within
or on any public alley, sidewalk, parking lot or other public space,
which said placement is hereby prohibited.
(e)
The erection of temporary political signs permitted by this
section by the owner or lessee of the parcel of real property or candidate,
political property or other authorized agent shall not require a permit
or other approval; provided, however, that it shall be unlawful for
any such owner or lessee of the lot or candidate, political party
or other authorized agent to permit such signs to remain erected more
than five days after the date of the election to which they relate,
and failure to remove such signs as required hereby shall subject
such offenders to the penalties prescribed in this chapter.
(5)
Sign for property sale or rent: a sign advertising the sale or rental
of a property upon which the sign has been erected, or a sign indicating
that the property has been sold or rented, provided:
(a)
Such sign shall be erected only on the property to which it
relates.
(b)
No more than one for sale or rent sign shall be permitted on
a single property.
(c)
The area of the sign shall not exceed six square feet.
(d)
The sign shall be removed within 10 days upon settlement or
upon execution of the lease.
(e)
Signs advertising sales within a development of more than one
dwelling unit erected by a builder or developer or real estate agent
may be erected, provided that the sign is placed on the property to
which it relates and that it does not exceed a size of eight square
feet. Such sign shall be removed within 10 days after settlement or
execution of a lease of the last dwelling unit.
(6)
Temporary signs of mechanics, artisans, contractors or architects:
a temporary, nonilluminated sign erected and maintained during the
period any of the above are performing work on the property on which
the sign is erected, provided that such sign shall be removed upon
completion of the work by the contractor, and the total area of all
such signs shall not exceed four square feet.
(7)
Inflatable signs.
(a)
Such signs shall only be permitted in the TC, C-1, C-2 and I-1
Districts.
(b)
Such sign shall be erected only on the property to which it
relates.
(c)
No such sign shall be displayed for more than a thirty-day time
period. Each thirty-day time period shall require a new permit.
(d)
The posting of such signs shall be limited to a maximum of two
thirty-day time periods per year.
(e)
No more than one inflatable sign shall be permitted on a single
property.
(f)
The size of the sign shall not exceed eight feet in height and
six feet in width.
(g)
Inflatable signs shall be set back at least 10 feet from any
public right-of-way.
(h)
The applicant shall specify the location of the proposed inflatable
sign and provide information about all other signage which may exist
on the property.
(i)
The proposed inflatable sign must be secured and not create
a safety hazard.
(j)
If affixed to a roof, the inflatable sign may extend above the
roof line of the building.
A.
ELECTRONIC GRAPHIC DISPLAYS (DIGITAL BILLBOARDS)
VIDEO BILLBOARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An on- or off-premises sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with
or without text information, defined by a small number of matrix elements
using different combinations of light emitting diodes (LEDs), fiber
optics, light bulbs or other illumination devices within the display
area where the message change sequence is accomplished immediately
or by means of fade. Electronic graphic display signs shall include
computer programmable, microprocessor controlled electronic or digital
displays. Electronic graphic display signs include projected images
or messages with these characteristics onto buildings or other objects.
A billboard that changes its message or background in a manner
or method of display characterized by motion or pictorial imagery,
which may or may not include text and depicts action or a special
effect to imitate movement, the presentation of pictorials or graphics
displayed in a progression of frames which mimic the illusion of motion,
including but not limited to moving objects, moving patterns or bands
of light, or expanding and contracting shapes and/or fade, dissolve,
travel or scrolling features. Video billboards include projected images
or messages with these characteristics onto buildings or other objects.
B.
Standards.
(1)
Such signs shall only be located on nonresidential parcels located
in the C-1 and I-1 Zoning Districts which have frontage on State Route
22.
(2)
The maximum sign size shall be 300 square feet, inclusive of any
border and trim, but excluding the base or apron, supports and other
structural members. Extensions, projections and/or add-owns beyond
the rectangular perimeter face of the sign are prohibited.
(3)
Message duration. Any portion of the message must have a minimum
duration (hold time) of 25 seconds and must be a static display. Messages
may change immediately or fade in and out only and shall completely
change to the next message within one second. No portion of the message
may flash, scroll, twirl, twinkle, oscillate, rotate, blink, change
color, or in any manner imitate movement.
(4)
Brightness (billboard luminance). The illumination and/or intensity
of the display shall be controlled so as to not create glare, hazards
or nuisances. Such signs shall have a maximum nits level of 7,000
nits; provided the brightness of the digital billboard does not exceed
0.3 footcandle of light above the normal ambient light levels. Such
signs shall be equipped with automatic dimming technology which automatically
adjusts the sign's brightness based on ambient light conditions.
(a)
The billboard luminance specification shall be determined by
a footcandle metering device held at a height of five feet and aimed
towards the billboard from a distance of 175 feet.
(b)
The metering device should be at a location perpendicular to
the billboard center (as seen in plan view) as this angle has the
highest luminance.
(c)
This check shall include the measurement of an all white image
displayed by the billboard to evaluate the worst case condition.
(d)
If the difference in illuminance between the billboard-on and
the billboard-off conditions is 0.3 footcandle or less, then the billboard
luminance is in compliance.
(5)
Such sign shall not be permitted closer than 100 feet from the ultimate
right-of-way of Route 22, nor farther than 200 feet from the ultimate
right-of-way of Route 22.
(6)
The maximum height to the top of the sign shall not exceed 35 feet
from the existing adjacent grade.
(7)
No such sign shall be located closer than 2,000 feet from any other
off-premises sign, including digital billboards.
(8)
No such sign shall be erected within 250 feet of any existing freestanding
on-premises sign.
(9)
No such sign shall be erected within 100 feet of any existing residential
dwelling or residential zoning district.
(10)
Such sign shall not be illuminated between the hours of 10:00
p.m. and 6:00 a.m. However, in the case of local, regional, state,
and national emergencies, service messages are permitted to be displayed
24 hours per day.
(11)
Applicant shall be required to coordinate/permit message access
for local, regional, state, and national emergency services during
emergency situations. Emergency messages are not required to conform
to message standards listed herein.
(12)
An engineering certificate shall accompany any application for
a digital billboard. The certification shall indicate under seal of
a professional engineer licensed in the Commonwealth of Pennsylvania
that the sign has been designed in accordance with acceptable engineering
practices.
(13)
The applicant shall provide financial security, in a form acceptable
to the Borough, sufficient to secure to the Borough the removal of
any digital billboard upon which no advertising is located or otherwise
ceases to be used for a period of three consecutive months. The applicant
shall further provide, in a form acceptable to the Borough, proof
that the record owner and the licensee or other person in control
of the signage consents to the removal of the sign for reasons as
set forth in this subsection, which said consent shall be in such
form so as to be recorded of record with the Northampton County Recorder
of Deeds' office.
(14)
Audio or pyrotechnics. Audio speakers and/or any form of pyrotechnics
are prohibited.
(15)
Message default mechanism. All signs must be equipped with a
properly functioning default mechanism that will stop the sign in
one position should a malfunction occur.
(16)
Where applicable, such signs shall be located, constructed and
maintained in accordance with all applicable Pennsylvania Department
of Transportation regulations, in addition to all other regulations
of Wilson Borough. Where there is a conflict between regulations,
the more restrictive regulation shall apply.
C.
No video billboard, as such term is herein defined, shall be permitted
in Wilson Borough.
