A.
It is
the purpose of the Borough of Palmyra to provide standards to safeguard
life, public health, property and welfare by regulating the location,
size, illumination, erection, maintenance and quality of materials
of all signs. More specifically, signs have a powerful impact on the
aesthetic environment of the community, and it is the purpose of this
article to encourage an aesthetically attractive environment, allowing
sufficient opportunities for communications to serve business, interest
groups and the public, while complying with Federal and State Constitutions
and laws.
B.
This article
shall not be applicable to signs located on or to be located on lots
that abut Rt. 73 within the Borough of Palmyra. For any signs located
on or to be located on lots that abut Rt. 73 within the Borough of
Palmyra, Sections 1001 through 1013 shall apply.[1]
[1]
Editor's Note: Said sections refer to the previous sign provisions
which, except for their application to signs along Rt. 73, have been
repealed by Ord. No. 2012-6.
See § 158-78.
B.
ANIMATED OR MOVING SIGN
ATTACHED SIGN
(1)
(2)
(3)
AWNING SIGN
BANNER SIGN
BILLBOARD
CANOPY
CANOPY SIGN
CHANGEABLE COPY SIGN
DIRECTORY SIGN
ERECT
EVENT
FACADE SIGN
FLASHING SIGN
FREESTANDING SIGN
FUNCTIONAL SIGN
GROUND SIGN or GROUND-MOUNTED SIGN
HEIGHT
ILLUMINATED SIGN
INTERNALLY ILLUMINATED SIGN
MOBILE SIGN
MURAL SIGN
OFFICIAL SIGN
PERMANENT SIGN
PORTABLE SIGN
PROJECTING SIGN
SIGHT TRIANGLE or SIGHT EASEMENT
SIGN
SIGN AREA
SIGN HEIGHT
SUSPENDED SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
As used
in this article, the following terms shall have the meanings indicated:
Any sign or part of a sign that changes physical condition
or light intensity by any movement or rotation or that gives the visual
impression of such movement or rotation.
Any sign erected, constructed or maintained on a building
with the principal support of said sign being the building, including
specifically the painting of signs or displays on the exterior surface
of a building.
Parallel signs attached to a wall project may extend up to six
inches from the surface of the wall.
A sign that is attached at an angle to the wall may extend outward
no more than five feet and requires an administrative variance from
the Zoning Administrator.
No attached sign shall be located on a roof, dormer, or second
story wall area or window.
A sign that may or may not contain a message constructed
of cloth, canvas, plastic, or other flexible material typically suspended
or hung by a cord, string or rope from a structure.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes and that is located on
a building or site other than the building or site to which the advertising
relates.
Any rooflike cover, either freestanding or attached to a
building wall that is supported totally or partially by the ground
below.
A sign that is mounted, painted or otherwise attached to
a canopy that is otherwise permitted by this chapter.
A sign that contains information that relates to changing
events and/or messages relating to the structure and use to which
the sign relates.
A ground-mounted sign placed at an interior intersection
of a private commercial area, which sign contains only the names of
businesses in the commercial area with no advertising or descriptive
information about each business.
To build, construct, attach, place, suspend or affix, and
shall also include the painting of signs or displays on the exterior
surface of the building, structure or material surface.
For the purposes of this section as it relates to temporary
commercial signs, any short-term, temporary happening or special occurrence
that is not part of the ordinary, daily or usual operations of a business
or use, including, but not limited to, a political campaign or election,
a real estate transaction, a grand opening, a raffle or fund-raiser,
a seasonal sale or harvest, or a special sales promotion or occupancy.
(See "attached sign.")
Any illuminated sign emitting intermittent, noncontinuous
light.
A sign supported by one or more upright pole(s) or brace(s)
inserted in the ground and not attached to any building, where the
sign is elevated above the ground by a firm supporting device such
as footings or foundation.
Directional, informational or public service signs, such
as signs advertising locations of restrooms, telephones or similar
facilities of public convenience, including entry and exit signs from
parking areas. Functional signs shall not include any name or business
or message other than the direction or informational material as above.
Any sign, not supported by upright pole(s) or brace(s), where
the entire bottom is in contact with the ground and is independent
of any other structure.
See "sign height."
Any sign lighted by or exposed to artificial lighting, either
from within the sign or directed toward the sign.
Any sign which has its light source within the sign projecting
outward.
A sign which is not permanently attached to a building or
not placed in the ground in such a fashion as to be permanent in a
manner conforming to the Uniform Construction Code or which is located
or attached to a trailer, on wheels, or other similar attachment such
that the sign may be moved from place to place, either within a lot
or to another location.
A sign painted directly on a building wall, sidewalk or curb.
Any sign, symbol or device, erected, constructed or maintained
by the federal, state or local government, or any agency thereof,
for the purpose of informing or guiding the public or for the protection
of the public health, safety and welfare.
For the purposes of this chapter, awning signs, freestanding
signs, and attached signs shall be considered permanent signs. The
following are not considered permanent signs: animated or moving signs,
banner signs, billboard signs, canopy signs, functional signs, flashing
signs, mobile signs, changeable copy signs, directory signs, flashing
signs, mural signs and/or temporary signs.
(See "mobile sign.")
An attached sign that extends from the attached surface,
usually projecting perpendicular from the attached surface. A sign
that is attached at an angle to the wall may extend outward no more
than five feet and requires an administrative variance from the Zoning
Officer. "See attached sign."
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Any message written, printed, painted or otherwise, placed
on a board, banner, or upon any material or object, and/or any device
whatsoever, which, by reason of its form, color, wording, activity,
technique or otherwise, attracts attention to itself, whether used
as a means of identification, advertisement or announcement. In addition
to the provisions of this article, all signs shall comply with the
provisions of the Uniform Construction Code.
The entire face of a sign, including the advertising surface
and any framing, trim, or molding, but not including the supporting
structure.
The vertical distance measured from ground level to the highest
point on the sign and its supporting structure.
Signs hanging by chains, etc., are prohibited in all zoning
districts.
Signs, including temporary banners, pennants, flags and similar
devices to provide notice of sales events, promotions (such as sales
of vehicles and vehicle inventory) which are not permanently attached
to a building, structure or permanently attached to a freestanding
structure, and which may be erected for a period not to exceed 90
days in compliance with the provisions of this chapter. The time limit
set forth above shall apply, as applicable to all zoning districts.
[Amended 9-16-2019 by Ord. No. 2019-08]
(See "attached sign.")
Flat (attached) signs placed against the exterior wall of
any structure with the face of the sign not more than 15 inches from
the surface of the wall. Any representation painted, stenciled, or
affixed to a window or the glass of a door that can be seen from the
outside of the building.
[2]
Editor's Note: Former § 237-1, Builder's street
permit; awnings, was repealed 12-12-2011 by Ord. No. 2011-29.
A.
No sign shall be erected, enlarged, rebuilt, structurally altered
or relocated until a permit has been issued by the Zoning Enforcement
Officer and the Construction Code Official, except as hereinafter
permitted. The issuance of a permit shall not relieve the owner or
lessee of the premises from the duty of maintaining the sign in a
safe manner.
B.
No sign of any description shall be installed, erected, constructed
or maintained in such a manner as to block the exit from any fire
escape, window or door, nor shall any sign be attached in any manner
to a fire escape, nor shall any sign block access to the roof.
C.
Every sign constructed or maintained shall be plainly marked with
the name of the person, firm or corporation erecting or maintaining
such sign.
D.
No sign shall be permitted in the sight triangle.
E.
There shall be consistent sign design throughout a particular project
or site. The design elements include style of lettering, font, color,
construction material, size and illumination.
F.
No sign shall be erected that would, by its location, color, shape,
message or nature, confuse or obstruct the view of traffic signs or
traffic signals by motorists or pedestrians.
G.
No sign other than official traffic control devices or street signs
shall be erected within or encroach upon the right-of-way lines of
any street unless specifically authorized by other ordinances or regulations
of local, county, state and federal agencies.
H.
Temporary signs.
(1)
All temporary signs shall be set back at least 15 feet from the edge
of the street paving and 10 feet from all property lines.
(2)
Construction signage (nonresidential):
(a)
No more than one sign naming the nonresidential project under
construction and the participating firms and individuals is permitted
on the construction site, beginning with the issuance of a building
permit and terminating with the issuance of a certificate of occupancy
or the expiration of the building permit, whichever comes first.
(b)
Such signs shall not exceed an area of 32 square feet for a
nonresidential site development or for a multiunit residential site
development.
(c)
Such signs shall not exceed an area of 12 square feet for minor
subdivisions.
(d)
Larger construction signage may be permitted if documentation
is provided to the Zoning Administrator that a funding source requires
specific size signage documenting the funding source at the project
site.
(3)
Single residential construction. Construction site signs for single
residential structures are expressly prohibited.
(4)
Yard or garage sales. Such signs shall be erected in accordance with the provisions of Chapter 129, Garage Sales, of the Code of the Borough of Palmyra. No advertising of garage sales shall be permitted, except that a sign not greater in size than three feet by four feet may be placed on the property where the sale is to be conducted. Such sign shall be posted not earlier than seven days prior to the day the sale is to be conducted. No sign shall be placed on any public right-of-way, upon any tree, or upon any utility pole.
(5)
Real estate signs. Any sign used for rent, lease or sale of real
estate shall not exceed four square feet on each side and shall not
be illuminated. Signs shall be removed at the expense of the advertiser
within 15 days after the termination or completion of the matter being
advertised. They do not require a permit. No more than one sign shall
be permitted. Real estate signs shall be permitted only on the lot
which the sign is advertising.
(6)
Mechanics, painters and other artisans. Temporary signs of mechanics,
painters and other artisans are not permitted.
(7)
Political signs. Political signs, temporarily giving notice of political
campaigns, shall not exceed 20 square feet in area. Signs shall be
permitted within 30 days prior to any municipal, county, state or
national election and shall be removed within five days after the
election. Political signs erected in conformance with this provision
do not need a sign permit. No sign shall be placed in a manner which
interferes with traffic or within sight triangles at an intersection.
I.
Permit requirements.
(1)
The Zoning Enforcement Officer shall only issue a zoning permit for
the erection or construction of a sign which meets the requirements
of this code.
(2)
After a zoning permit has been granted, if applicable, the Construction
Code Official shall only issue a building permit for the erection
or construction of a sign which meets the requirements of the Uniform
Construction Code. Application for permits to erect, hang or place
a sign shall be submitted on forms obtained from the Construction
Code Official. Each application shall be accompanied by plans showing
the area of the sign; the size and character; the method of illumination,
if any; the exact location proposed for such sign; and, in the case
of a projecting sign, the proposed method of fastening such sign to
the building structure, the vertical distance between such sign and
the right-of-way line and such other information as may be requested.
Signs not requiring permits:
B.
Signs incident to the legal process of law, such as building permits,
quarantines, condemnations, legal notices and the like.
C.
Home office/home occupations. One nameplate displaying the name of
the occupant and/or the name of the home occupation is allowed consistent
with the following:
D.
Customary warning and/or trespassing signs and signs indicating the
private nature of a driveway or property; provided that the size and
the sign does not exceed three square feet and provided that the sign
is not illuminated and is maintained in a proper condition.
E.
Signs of public or semipublic nature shall not exceed 20 square feet
in area. Not more than one such sign shall be placed on each property
unless such property fronts on more than one street, in which case,
one such sign may be erected on each street frontage. Such signs shall
only be used for the purpose of stating or calling attention to:
(1)
The name or location of a town, village, hospital, community center,
public or private school, church, synagogue or other place of worship.
(2)
The name and place of meeting of an official, civic body, such as
a Chamber of Commerce, Board of Trade, or service club.
(3)
An event of public interest, such as public or general election,
church or public meeting local, county or state fair, Volunteer Fire
Department fair and other similar community activities and campaigns.
Such signs have to be taken down within one week following the occurrence
of the event related to the sign.
A.
The area of a permitted sign shall be determined by multiplying the
greatest horizontal dimensions by the greatest vertical dimensions,
including spaces between open type letters and figures and the background
structure or other decoration or addition which is an integral part
of the sign. Sign supports shall be excluded in determining the area
of a sign unless they contribute directly to either the overall height
or width of the sign.
B.
Two-sided signs carrying exactly the same message on each side shall
be measured by using the surface area of one side in the case of two-sided
signs. When there is a different message on each side of the sign,
each side will be considered a separate sign.
C.
The area of a prohibited sign shall be computed the same as a permitted
sign and, if a variance is required for permitting such a sign, it
shall be subject to the same sign fees as hereinafter provided.
D.
Functional signs in any zone shall not exceed two square feet in
area. Functional signs include parking lot markers, directional entrance
and exit signs erected on a site.
E.
Awning signs and canopy signs. No more than 33% of an awning or canopy may be utilized as a sign. The signage on the awning or canopy shall be considered as building facade signage. See § 237-1 of the Code for awning requirements.[1]
[1]
Editor's Note: Former § 237-1, Builder's street
permit; awnings, was repealed 12-12-2011 by Ord. No. 2011-29.
A.
Any sign other than a banner sign, changeable copy sign, flashing
sign, ground sign, ground-mounted sign, mobile sign, mural sign or
temporary sign existing at the time of the passage of this code that
does not conform in use, location, height or size with the regulations
of the zone in which such sign is located shall be considered a nonconforming
use and may be continued and maintained in such use in its present
location until replacement or rebuilding becomes necessary, at which
time a permit will be required and the sign brought into conformity
with this code.
B.
An attached nonconforming sign may be temporarily removed from the
exterior face of a building wall to allow for the maintenance, cleaning,
painting or repair of the exterior building wall, provided that the
sign is reattached in the same location within 60 days of its removal.
If the sign is not reattached in the same location or within the sixty-day
time period, the sign shall be required to conform to the provisions
of this article.
A.
Signs located on roofs are prohibited.
B.
No sign shall contain flashers, animated or moving parts or light
intensity, reflectors, mechanical movements or contrivances of any
kind. No intermittent, flashing signs or animated, moving signs shall
be permitted.
C.
No statues, sculpted or molded figures used for promotional or advertising
purposes are permitted.
D.
Billboards, outdoor portable or mobile advertising signs and off-premises
advertising signs are not permitted.
E.
Sign(s) that advertise a product that is not the principal use of
the subject property.
F.
Mobile signs.
G.
Banner signs except for official Borough banner signs.
H.
Sign(s) on an accessory building.
I.
Sign(s) attached or suspended on any street furniture, including
courtesy benches, trash cans, trees, fences, utility poles, railway
or road bridges, bridge supports or abutments, retaining walls, or
water towers unless approved by Borough Council.
J.
Televised advertising in a window.
K.
Signs that obstruct a window or door opening used as a means of egress,
interfere with an opening required for legal ventilation, or are attached
to or obstruct any standpipe, fire escape or fire hydrant.
L.
Signs that obstruct the view of vehicle operators or pedestrians
entering a public roadway from any parking area, service drive, public
driveway, alley or other thoroughfare.
M.
Inflatable signs.
N.
Mural signs: signs painted on a building wall, sidewalk or curb.
O.
Pennants, streamers or balloons.
P.
Signs on regularly parked or located vehicles in such a way as to
be used or considered as a sign.
Q.
Temporary signs of artisans, painters, mechanics.
R.
Single-family residential construction signs.
A.
Maintenance of signs.
(1)
All signs, together with all their supports, braces, hooks, anchors,
and other fastening devices, shall be of substantial and sturdy construction
with durable materials, shall be kept in good repair, and shall be
painted or cleaned as often as necessary to maintain a clean, neat,
safe and orderly appearance. Additionally, the area surrounding the
sign and the mounting area on the ground level beneath permitted freestanding
signs shall be maintained in a clear, neat, safe, and orderly condition
and shall not be allowed to become dilapidated or unsightly.
(a)
Any sign that is or is becoming dangerous or unsafe in any manner
whatsoever shall be repaired and made safe in conformity within this
section, or such sign shall be removed by the owner, lesser, agent
or occupant of the building, property, or land upon which such dangerous
or unsafe sign is located.
(b)
Should written notice be given by the Borough Zoning Official
or Construction Official if the sign is under his/her jurisdiction,
to an owner, lesser, agent or occupant of a building that a sign is
or is becoming dangerous or unsafe, said notice shall require appropriate
remedial action to be taken within 10 days from the date of service
of the notice, or within a lesser time as shall be specified in the
notice in cases where the danger to the public health, safety and
general welfare is more imminent.
(2)
For the purpose of this section, the word "remove" shall mean:
B.
Abandonment.
(1)
Failure to keep a conforming sign in good repair for a period of
30 consecutive calendar days shall constitute abandonment, and such
sign may not then be replaced, or reused, but must be removed or made
to be conforming.
(2)
A nonconforming sign shall be presumed to be abandoned when there
occurs a cessation of any use on activity to which the sign is accessory.
A.
No sign shall create any sky glow.
B.
If illuminated, all signs over 10 feet in height shall be internally
illuminated or illuminated by external lighting fixtures located above
the sign area, firing downward.
C.
Internally illuminated signs shall have characters, letters, figures
and designs which are illuminated by electric lights as part of the
sign proper with dark or translucent background.
D.
All internally illuminated signs shall utilize low wattage luminaries
designed to reduce light glow.
E.
If a sign is to be internally illuminated, at least 75% of the background
area of the letters and any logo on the sign shall be opaque and shall
not be illuminated. Dark, opaque backgrounds with light-colored lettering
or symbols that are backlit are preferred to minimize detrimental
effects.
F.
If the sign is to be externally illuminated, then the lighting shall
be provided either from below the sign by ground-mounted lights or
from above the sign by lights attached to the top of the sign. The
lights shall be focused directly and completely onto the sign face,
with appropriate and necessary shielding on the top, sides, and, if
necessary, bottom of the fixture to prevent any sight of the light
source from any street, sidewalk or neighboring property.
(1)
Exterior lights to be provided by ground mounted shall be permitted
by spotlights only where the sign has no visible clearance under the
sign or where there is sufficient landscaping planted under the sign
to block light under the sign.
(2)
Sources of sign illumination shall be completely shielded from the
view of vehicular traffic using the road or roads abutting the lot
on which the sign is located. Lights shall be mounted in or on the
ground so that they are securely fixed, both in their location and
their angle of illumination, in order to focus the light on to the
face of the sign and away from the street.
(3)
No exterior light shall exceed 100 watts. The use of mercury vapor
is prohibited.
(5)
External lights used for illumination of any sign on a building whether
or not such fixtures are attached to or separate from the building
shall not exceed above the highest elevation of the front wall of
the building or more than 18 feet above the street level of the premises,
whichever is less.
The following types of signs are permitted in residence districts:
C.
Signs of alarm and security companies with a maximum of one square
foot.
D.
Professional signs are permitted that identify the name of the person
and his or her profession and specialty, as defined in this code,
provided that:
(1)
The professional use is an approved use in the zone or has been granted
a use variance by the Land Use Board.
(2)
The size of such sign is not in excess of 1.5 square feet for a single-faced
sign and three square feet for a double-faced sign.
(3)
Not more than one such sign shall be placed on any property and may
be freestanding or attached.
(4)
The sign shall be at least five feet from the property lines.
The following signs shall be permitted in the commercial and
industrial districts.
C.
Permanent freestanding signs, which shall be subject to the following
regulations:
(1)
Site plan review is required for all new or altered freestanding
signs. The Planning Board shall evaluate the sign for appearances,
aesthetics, orientation, area impact, and obstruction of vision affecting
safety.
(2)
Supporting frames for all such signs shall be of permanent materials,
such as steel, concrete or masonry.
(3)
Unless otherwise specified herein, the maximum area of any freestanding
sign shall not exceed the following for lots with lineal front footage
on one street frontage as listed:
|
Lineal Front Frontage
|
Maximum Sign Area
(square feet)
| |
|---|---|---|
|
50 to 150
|
40
| |
|
151 to 200
|
50
| |
|
201 to 300
|
80
| |
|
301 to 400
|
100
| |
|
401 to 500
|
120
| |
|
501 and over
|
120
|
(4)
Freestanding signs for all uses except gasoline stations shall have
a maximum height above grade of 20 feet. The maximum height for freestanding
signs at gasoline stations shall be 25 feet.
(5)
Not more than one freestanding sign per business premises shall be
permitted on any one street frontage.
(6)
Such sign may be interior lighted with nonglaring lights or may be
illumined by shielded floodlights.
(7)
The closest portion of any part of a freestanding sign shall be at
least 15 feet from the property line.
(8)
(9)
Automobile and gasoline service stations may display the following
signs, which are deemed customary and necessary to their respective
businesses:
(a)
One freestanding sign advertising the name of the station or
garage and the principal products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed 40 square feet in area on a side and
shall be no closer than 15 feet to the property line. The bottom of
the sign shall not be less than 10 feet above the ground, and the
top shall not exceed 25 feet.
(b)
One temporary sign for special advertising located inside the
property line along each street frontage, provided that said sign
does not exceed 20 square feet in area on one side and shall be placed
no closer than 10 feet to the property line.
D.
Each permitted use may have a sign located on or attached to the
principal facade of said use.
(1)
Said signs shall not exceed two square feet in area for each one
foot of width of the principal building facade to which the sign must
be attached, and in no case shall such sign exceed 120 square feet
in area on one side.
(2)
Such sign shall not project more than six inches from the building
facade to which it is attached; provided, however, that where a sign
extends more than three inches from the face of said wall, the bottom
of said sign shall not be closer than 10 feet to the ground level.
(3)
Such sign shall not have a vertical dimension in excess of five feet
and shall project neither above the roof, cornice, parapet wall, or
roofline when there is no cornice or parapet wall, nor beyond the
ends of the building.
E.
Window signs shall meet the following standards:
(1)
Window signs are permitted on the first floor of the building only.
(2)
All window signs shall be attached to the inside of the store window.
(3)
Window signs shall not have a total gross advertising area greater
than 10% of the window facade of the ground floor or 100 square feet,
whichever is less.
(4)
There shall be no more than three window signs per business premises.
F.
Drive-through restaurants are permitted one menu sign, which may
include the name and logo of the restaurant with which the drive-through
is associated, which shall conform to the following:
The fee for any sign shall be $46, payable to the Borough of
Palmyra.
