[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 463, passed 1-3-2011]
Signs may be erected and maintained only when in compliance
with the following provisions of this chapter and in compliance with
any and all other ordinances and regulations of the Township of Upper
Providence relating in any way to the erection, alteration or maintenance
of signs, billboards, digital billboards, banners and other advertising
devices.
[Ord. No. 463,
passed 1-3-2011]
(a)
ABANDONED BILLBOARD — A billboard or digital billboard which
has carried no message for more than 90 days or which no longer identifies
a bona fide business, lessor, product, service, activity, event or
message and/or for which no legal owner can be found after public
notice or a billboard or billboard structure which does not have an
advertising or other message on its display face or the majority of
the message has deteriorated to the condition that it is not clearly
discernible.
(b)
BILLBOARD — A sign that directs attention to a business, commodity,
service, entertainment or event conducted, sold or offered at a location
other than the premises on which the sign is located. Billboards do
not include on-premises commercial or temporary off-premises commercial
or non-commercial signs placed in residential lawns by or with the
consent of residents, owners, occupants, contractors, realtors or
by other principals or agents. Each different face of a billboard
shall constitute a separate billboard.
(c)
BILLBOARD STRUCTURE — The framework, supports, display face(s)
and electrical components of the billboard.
(d)
DIGITAL BILLBOARD — A billboard without moving parts whose
content may be changed by electronic process through the use of intermittent
light or lights, including light emitting diodes (LED) liquid crystal
display, and plasma image display.
(e)
DISPLAY FACE — The facing of a billboard or digital billboard,
including copy, insignia, background, border and trim. The measurement
shall be determined by the smallest rectangle inclusive of all letters
and images. The structural supports shall be excluded if they are
not used to directly express or convey a commercial or non-commercial
message.
(f)
NONCONFORMING BILLBOARD OR DIGITAL BILLBOARD — A billboard
or digital billboard which was lawfully erected and maintained at
the effective date of this chapter, or any amendment thereto, that
does not conform to the regulations of the district in which it is
located.
(g)
TEMPORARY SIGN — Any off-premises sign with dimensions not
greater than 200 square inches and which is not permanently affixed
to land or to any surface or improvement. Such temporary sign shall
be erected or placed on said premises or property for a maximum period
of time not to exceed 90 days during the previous twelve-month period.
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 338, passed 10-12-2000; Ord. No. 354, passed 12-12-2001; Ord. No. 463, passed 1-3-2011]
The following signs are permitted in residential districts:
(a)
Signs advertising the sale and/or rental of the premises upon which
they are erected, when erected by a broker or other person interested
in the sale and/or rental of such premises, may be erected and maintained,
provided that:
(b)
Signs advertising the sale and/or development of the premises upon
which they are erected, when erected in connection with the development
of the premises by a builder, contractor, developer or other person
interested in such sale and/or development, may be erected and maintained,
provided that:
(c)
Signs indicating the location and direction of premises available
for or in the process of development, but not erected upon such premises,
and having inscribed thereon the name of the owner, developer, builder
or agent may be erected and maintained, provided that:
(1)
The size of any such sign is not in excess of six square feet
and not in excess of four feet in length; and
(2)
Not more than one such sign is erected on each 500 feet of street
frontage. Such signs any have arrows painted thereon, but such signs
may not be in any form except a square or parallelogram.
(d)
Signs bearing the word "sold" or the word "rented" with the name of the person effecting the sale or rental may be erected and maintained, provided that the conditions specified in subsection (a) hereof are complied with.
(e)
Signs of mechanics, painters and other artisans may be erected and
maintained during the period such persons are performing work on the
premises on which such signs are erected, provided that:
(1)
The size thereof is not in excess of 12 square feet; and
(2)
Such signs are removed within five days upon completion of the
work. This provision shall not be deemed to permit the erection of
signs advertising that furnishings or other equipment have been installed
or placed upon the premises and all such signs are hereby prohibited.
(f)
Signs customarily incidental to any permitted use may be erected
and maintained, provided that:
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 338, passed 10-12-2000; Ord. No. 463, passed 1-3-2011]
The following signs are permitted in nonresidential districts:
(a)
Directly illuminated signs, i.e. signs designed to give forth artificial
light directly (or through transparent or translucent material) from
a source of light within such a sign, including, but not limited to,
neon and exposed lamp signs. Festoon lighting is a directly illuminated
sign, including either a group of incandescent light bulbs hung or
strung overhead or used to outline a sign or other structure, but
not including festive lighting.
(b)
Indirectly illuminated signs, i.e. signs illuminated with a light
so shielded that no direct rays therefrom are visible elsewhere on
the lot where said illumination occurs. If such shielding device is
defective, such a sign shall be deemed to be a directly illuminated
sign.
(c)
Nonilluminated signs, i.e. signs which are not illuminated, either
directly or indirectly.
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 463, passed 1-3-2011]
The following signs are permitted:
(a)
On-premises signs, i.e. signs which direct attention to an activity
conducted on the same lot.
(b)
Off-premises signs, i.e. signs which direct attention to an activity
not conducted on the same lot.
(c)
Advertising signs, i.e. off-premises signs which advertise or otherwise
direct attention to a commodity, business, industry, home occupation
or other similar activity which is sold, offered or conducted elsewhere
than on the lot upon which such sign is located.
(d)
Business signs, i.e. on-premises signs which direct attention to
a business, commodity, service, industry or other activity which is
sold, offered or conducted other than incidentally on the premises
upon which such a sign is located, or to which it is affixed.
(e)
Window signs, i.e. any business sign which is oriented to the public
right-of-way and is attached to the outside or inside of a window.
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 463, passed 1-3-2011]
The following signs are permitted:
(a)
Freestanding signs, i.e. self supporting signs resting or supported
by means of posts or standards either on the ground or on the roof
of a building. The height of freestanding signs shall be measured
from the curb level to the top of the sign.
(b)
Parallel signs, i.e. signs mounted parallel to a wall or other vertical
building surface. Parallel signs shall not extend beyond the edge
of any wall or other surface to which they are mounted, nor shall
such signs project more than 14 inches from its surface.
(c)
Projecting signs, i.e. signs mounted to a wall or other vertical
building surface other than a parallel sign. Projecting signs shall
not project more than two feet from the wall or surface to which they
are mounted, shall not extend beyond the edge of any wall or other
surface to which they are mounted, shall be at least eight feet above
the ground level immediately below, and shall not in any way interfere
with normal pedestrian or vehicular traffic.
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 463, passed 1-3-2011]
No on-premises sign shall be permitted except as follows:
(a)
Parallel and projecting business signs, provided that:
(1)
The total area of all parallel and projecting signs for each
establishment shall not exceed four square feet for each foot of length
of the front building wall or length of that portion of such wall
which is devoted to such establishment.
(2)
If such establishment does not occupy any floor area on the
ground level of the building, other than an entryway, the maximum
area per foot of length of the front building wall or portion thereof
shall be only two square feet.
(3)
Exterior window signs shall be considered parallel signs and
included in the above computations.
(b)
Freestanding business signs, provided that:
(1)
Only one such sign shall be permitted on each property.
(2)
The area of any such sign shall not exceed one square foot for
each two feet of lot frontage or 60 square feet, whichever is smaller.
(3)
Freestanding signs mounted or otherwise affixed to the roof
of a building are not permitted.
(4)
The maximum height of freestanding business signs shall be 16
feet from the curb level to the top of the sign.
(c)
Gasoline service stations shall be permitted one freestanding brand-name
sign not to exceed 36 feet in area nor to be higher than 27 feet above
the ground. No flags, pennants, pin wheels or temporary signs shall
be permitted.
(d)
Nonilluminated, indirectly illuminated or directly illuminated business
signs.
[Ord. No. 463,
passed 1-3-2011]
Billboards and digital billboards may be erected, constructed
or maintained on any premises in a Limited Industrial Zoned District
after a special exception is granted by the Zoning Hearing Board.
The special exception applicant shall have the burden of establishing
the following criteria and be required to adhere to the following
regulations:
(a)
In applying for special exception relief, the applicant bears the
burden of proof to establish that the proposed billboard or digital
billboard will not create a public health or safety hazard in the
manner and location that it is proposed and in the manner by which
it is to be operated.
(b)
If the applicant or entity operating the billboard or digital billboard
does not own the underlying property in fee simple, the applicant
in a special exception hearing must establish that it has entered
into an agreement with the landowner that incorporates sufficient
provision to ensure that the provisions of this chapter will be adhered
to, to ensure that the billboard or digital billboard will be appropriately
maintained, and to ensure that there are appropriate mechanisms for
remediating the land and removing said sign in the event the sign
used is abandoned.
(c)
The display face of a billboard or digital billboard shall not exceed
100 square feet in area, each sign shall have only one exposed face
and the maximum height or width of the display face of the billboard
or digital billboard shall not exceed 15 feet.
(d)
A billboard or digital billboard shall not be closer than 500 feet
from another billboard or digital billboard on any street or highway.
(e)
A billboard or digital billboard shall not be located any closer
than 150 feet of any street intersection.
(f)
A billboard or digital billboard shall be set back from the front,
side or rear lot line a minimum distance equivalent to the height
of the billboard structure, or, a minimum 10 feet from the front,
side or rear lot lines, whichever is greater.
(g)
The highest part of a billboard structure for a billboard or digital
billboard shall not exceed 35 feet in height as measured from the
base of the sign or grade of the nearest adjacent roadway, whichever
is lower.
(h)
Application for a billboard or digital billboard shall be accompanied
by a site plan and contain all of the applicable requirements set
forth in the Upper Providence Township Zoning Code, as amended.
(i)
Application for a billboard or digital billboard shall be accompanied
by a certification under seal by a professional engineer that the
existence of the billboard or digital billboard, as proposed, will
be in accordance with all federal, state and local laws, codes and
professional standards.
(j)
A billboard or digital billboard which is non-electronic shall use
vinyl wrap or a material of equivalent durability to display the sign
copy.
(k)
The billboard or digital billboard and the lighting thereof shall
be effectively shielded so as to prevent beams or rays of light from
being directed at any portion of the traveled way or neighboring residential
properties and shall not be of such intensity or brilliance as to
cause glare or impair the vision of the driver of the vehicle or pedestrian,
or which interferes with a driver's operation of a motor vehicle.
Lighted signs and billboards, not illuminated from within, shall utilize
top mounted shielded light fixtures only.
(l)
No billboard or digital billboard shall be positioned so that it
interferes with the effectiveness of or obscures an official traffic
sign, device or signal. All illumination is prohibited between 11:00
p.m. and sunrise.
(m)
A digital billboard not contain any flashing, scrolling or moving
lights, text or graphcs, or full-motion video.
(n)
No billboard or digital billboard shall be animated or utilize devices
that move or create the illusion of motion.
(o)
A digital billboard must provide a minimum change interval of at
least five minutes. A "change interval" is defined as the time period
in which the display of an electronic sign must remain static and
during which the display may not transition to display another advertisement.
(q)
Billboard and digital billboards shall be placed not less than 300
feet from the boundary of a property upon which is located a residential
use or from the boundary of a residential zoned district.
(r)
No billboard structure, billboard or digital billboard shall be placed
or located within 300 feet from the property line of a park, playground,
school, church or assembly/municipal use such as municipal use or
library.
(s)
No billboard structure, billboard or digital billboard shall be located
on a roof of any building.
(t)
No billboard structure, billboard or digital billboard shall be attached
to the external wall or otherwise affixed to any part of any residential
or commercial building and no billboard, digital billboard or billboard
structure shall extend over any public property or township right-of-way.
(u)
No billboard structure, billboard or digital billboard shall be erected
in or located where any portion of its surface or supports will interfere
in any way with the free, unobstructed use of any fire escape, exit
or standpipe.
(v)
Billboards or digital billboards are not permitted on sewer rights-of-way,
water, electric or petroleum pipelines, floodplain areas or within
300 feet of a bridge crossing.
(w)
No billboard structure, billboard or digital billboard shall block
the view from the roadway of any existing business, logos, or sign,
or limit or reduce the lighting and ventilation requirements of any
Township ordinance or other applicable code, ordinance or regulation.
(x)
Billboards and digital billboards must comply with all applicable
federal and state statutes and regulations.
(y)
The illumination of any billboard or digital billboard shall not
directly or indirectly spill over, encroach or trespass upon adjacent
residential properties and roadways or the night sky.
(z)
The billboard or digital billboard shall provide an automatic timer
to comply with the intent of this chapter and to insure that the billboard
or digital billboard complies with the hours of operation set forth
in division (1) above.
(aa)
Illumination of billboards shall follow the standards and requirements
of the Illuminating Engineering Society of North America (IESNA) and
shall be subject to review and approval of the Township. To the extent
a conflict between the standard and requirements of the IESNA and
the provisions of this chapter, the provisions of this chapter shall
control.
[Ord. No. 463,
passed 1-3-2011]
(a)
A billboard or digital billboard or billboard structure which
has been discontinued for a period of 180 consecutive days, regardless
of any intent to resume or not to abandon, shall be presumed to be
abandoned and shall constitute an illegal billboard, digital billboard
or billboard structure and shall not be deemed to be a nonconforming
billboard, digital billboard or billboard structure.
(b)
Any period of time for which such abandonment is proved to be
caused by government actions, labor strikes, material shortages or
acts of god, and without any contributing fault of the billboard or
digital billboard owner or user, shall not be calculated toward the
number of days for abandonment.
(c)
An abandoned billboard, digital billboard or billboard structure
shall be removed at the billboard owner's expense. In the event
that no billboard owner can be ascertained after the Township's
reasonable inquiry then the abandoned billboard, digital billboard
or billboard structure shall be removed at the expense of the property
owner of record of the site upon which the abandoned billboard, digital
billboard or billboard structure is located.
[Ord. No. 463,
passed 1-3-2011]
(a)
Billboards and/or digital billboards shall require a building
permit in compliance with Township ordinances and shall be constructed
in accordance with the applicable provisions of the Uniform Construction
Code.
(b)
The Code Enforcement Officer may conduct regular inspections
of billboards, digital billboards or billboard structures in the Township
to enforce applicable provisions of the Uniform Construction Code,
and this chapter.
(c)
The owner of the billboard, digital billboard or billboard structure
shall have a structural inspection of the billboard, digital billboard
or billboard structure conducted by a qualified Pennsylvania registered
engineer or architect every five years which shall be subject to the
review of the Township, and shall provide the Township Manager with
a certified report of the structural status of the billboard, digital
billboard or billboard structure.
[Ord. No. 463,
passed 1-3-2011]
(a)
Billboards, digital billboards or billboard structures shall
be maintained in good structural condition, in compliance with the
uniform Construction Code and all other applicable building and electrical
codes of this chapter and the Township.
(b)
The owner/user of the billboard, digital billboard or billboard
structures shall be responsible for the proper maintenance and safety
of the billboard, digital billboard or billboard structure as required
by this chapter and any other applicable law or regulation.
[Ord. No. 463,
passed 1-3-2011]
(a)
All billboards, digital billboards shall be constructed on a
single steel monopole.
(b)
The billboard or digital billboard owner shall be liable for
compliance with provisions regarding the construction, repair or removal
of billboards, digital billboards or billboard structures. In the
event that no billboard owner can be ascertained after the Township's
reasonable inquiry then the noncompliant billboard, digital billboard
or billboard structures shall be removed at the expense of the property
owner of record for the site upon which said billboard, digital billboard
or billboard structure is located.
(c)
If the appropriate Township Code Official shall find that a
billboard, digital billboard or billboard structure poses immediate
peril to persons or property, the owner shall be cited and ordered
to immediately repair or remove the hazardous billboard, hazardous
digital billboard or hazardous billboard structure. In the event that
no owner can be ascertained after the Township's reasonable inquiry,
then the hazardous billboard, hazardous digital billboard or hazardous
billboard structure shall be repaired or removed at the expense of
the property owner of record for the site upon which the hazardous
billboard or hazardous billboard structure is located. If after reasonable
time there is no repair or removal of the hazardous billboard, hazardous
digital billboard or hazardous billboard structure, the Township Code
Enforcement Officer shall remove the hazardous billboard at the expense
of the billboard owner or property owner.
[Ord. No. 463,
passed 1-3-2011]
If any section, subsection, sentence, clause, phrase, provision
or portion of this chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 463, passed 1-3-2011]
(a)
Flashing signs shall not be permitted in any district.
(b)
Political signs shall be permitted to be displayed at the location
of the headquarters only. They may be erected four weeks prior to
an election and shall be removed within one week after the election.
(c)
No sign shall be so located or arranged so that it interferes with
traffic through glare, blocking of reasonable sight lines for streets,
sidewalks or driveways, confusion with a traffic control device (by
reason of color, location, shape or other characteristic) or through
any other means.
(d)
All signs, except temporary signs, shall be constructed of durable
material and kept in good condition and repair.
(e)
Signs existing at the time of passage of this chapter and which do
not conform to the requirements of the chapter shall be considered
nonconforming signs and once removed shall be replaced only with conforming
signs; however, nonconforming signs may be repainted or repaired,
provided that such repainted or repaired sign does not exceed the
dimensions of the existing sign. All nonconforming signs must be brought
into conformance with this chapter or removed within five years after
adoption of this chapter.
(f)
All signs over 200 square inches shall require the issuance of a zoning permit, as specified in Chapter 1250, before erection or replacement. All signs must comply with all of the regulations contained herein, regardless of whether or not a permit is granted.
(g)
If an establishment has walls fronting on two or more streets, the
sign area for each street may be computed separately.
(h)
No signs, except those of a duly constituted governmental body, including
traffic signs and similar regulatory notices, shall be allowed within
street lines.
(i)
No portion of any freestanding sign shall be located closer than
10 feet to any lot line. If this requirement cannot be met then freestanding
signs shall be prohibited on such properties.
(j)
Any vehicle to which a sign is affixed in such a manner that the
carrying of such sign or signs no longer is incidental to the vehicle's
primary purpose but becomes a primary purpose in itself shall be considered
a freestanding sign and as such shall be subject to the provisions
regarding freestanding signs in the district in which such vehicle
is located.
[Ord. No. 98,
passed 1-6-1975; Ord. No. 321, passed 12-10-1998; Ord. No. 463, passed 1-3-2011]
In addition to the other requirements of this chapter, every
sign referred to in this chapter must be constructed of durable materials,
must be kept in good condition and repair, and not allowed to become
dilapidated. Except as provided in other ordinances or regulations
of the Township of Upper Providence, the construction or erection
of any such signs within the lines of public highways is hereby prohibited.
