[Amended 12-28-2015 by Ord. No. 205]
A.
Purposes. This article is intended to create and maintain an
attractive community, while avoiding nuisances. Signs affect the use
of adjacent streets, sidewalks, and property. This article establishes
reasonable and impartial regulations for all signs, in order to:
(1)
Protect the general public health, safety and convenience;
(2)
Reduce traffic hazards caused by distracting and confusing signs;
(3)
Ensure the effectiveness of public traffic signs and signals;
(4)
Protect property values;
(5)
Preserve the scenic beauty, unique character and residential
neighborhoods of the Township;
(6)
Further economic development;
(7)
Enable the fair and consistent enforcement of sign regulations;
and
(8)
Require the repair and/or removal of substandard signs and outdated
sign messages.
B.
Applicability. A sign shall only be placed, established, painted,
created, or maintained in Middle Smithfield Township in conformance
with the standards, procedures and other requirements of this article.
This article serves:
(1)
To establish a permitting system to allow a variety of sign
types in the various zoning districts, subject to the standards of
this article;
(2)
To allow various types of less obtrusive signs that are limited
in dimensions and type so as to be incidental to the principal land
use of the property on which the signs are located, but without a
requirement for permits;
(3)
To ensure that all signs comply with the provisions of this
article; and
(4)
To establish a process for the Zoning Officer to assess the
status of nonconforming signs.
A.
Words and phrases used in this article shall have the meanings
set forth in this section.
B.
Words and phrases not defined in this section but that are defined
in other provisions of this article shall be given the meaning as
set forth in those other provisions.
C.
All other words and phrases shall have their plain and ordinary
meaning within the context of the provision.
D.
ADVERTISING SIGN
AIRDANCER
ANIMATED SIGN
AUTO DEALER VEHICLE SIGN
AWNING
AWNING SIGN
BACKLIGHTING
BANNER
BARE BULB ILLUMINATION
BEACON
BILLBOARD
BLADE SIGN
BUILDING MARKER
BUSINESS NAMEPLATE
CANOPY
CANOPY SIGN
CHANGEABLE SIGN
CHARITABLE SPECIAL EVENT STREET BANNER
COMMERCIAL AREA
CONSTRUCTION SIGN
DAMAGED SIGN
DECORATIVE FLAGS
ELECTRONICALLY CHANGEABLE MESSAGE SIGN
FACADE
FARM PRODUCT SIGN
FEATHER FLAG/BANNER
FLAG
FLAME ILLUMINATION
FLASHING SIGN
FLOODLIGHT ILLUMINATION
FLUORESCENT SIGN
FOR SALE SIGN
FREESTANDING SIGN
GARAGE SALE SIGN
GRADE LEVEL
GRAPHIC
GROUND SIGN
HISTORICAL MARKER
HOLIDAY DECORATIONS
ILLEGAL SIGN
INCIDENTAL SIGN
INDIRECT ILLUMINATION
INDIVIDUAL SIGN
INDUSTRIAL AREA
INFLATABLE SIGN
INTERIOR SIGN
INTERNAL ILLUMINATION
MARQUEE
MARQUEE SIGN
MASTER SIGN PLAN
MECHANICAL MOVEMENT
MEMORIAL SIGN
MULTIFAMILY COMPLEX SIGN
MURAL
NEON ILLUMINATION
NEON SIGN
NONCONFORMING SIGN
OBSTRUCTIVE SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PEDESTRIAN INFORMATION SIGN PLAZA
PENNANT
PERSON
PERSONAL USE AND INFORMATION SIGN
POLITICAL SIGN
PORTABLE SIGN
PREMISES
PRIVATE DRIVE SIGN
PROJECTING SIGN
PUBLIC NOTIFICATION SIGN
PUBLIC USE AND INFORMATION SIGN
REAL ESTATE SIGN
RESIDENTIAL AREA
ROOF SIGN
RURAL AREA
SHOPPING CART CORRAL SIGN
SIGN
SIGN ALTERATION
SNIPE SIGN
SPECIAL EVENT SIGN
STREET ACCESS
STREET SIGN
SUBDIVISION IDENTIFICATION SIGN
TRAFFIC CONTROL SIGN
VEHICULAR DIRECTORY SIGN
VEHICULAR SIGN
VENDING MACHINE SIGN
WALL SIGN
WARNING SIGN
WINDOW SIGN
YARD SALE SIGN
Diagrams and photos are for illustrative purposes only or to
provide examples, and in case of direct conflict between a diagram
or a photo and ordinance text, the text shall govern.
A sign used to advertise or announce a business. Advertising
signs shall include awning, canopy, ground, location, marquee, neon,
projecting, blade, vehicular directory, shopping cart corral, pedestrian
information sign plaza, wall, and window and door signs.
Inflatable moving advertising product comprised of a long
fabric tube which is attached to and powered by an electrical fan
causing the tube to move about in a dynamic dancing or flailing motion.
[Added 3-23-2017 by Ord.
No. 212]
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene; or any sign that utilizes
mechanical movement.
A sign used as part of motor vehicle sales use to provide
information on a particular vehicle.
Any nonrigid material such as fabric or flexible plastic
that is supported by or stretched over a frame that is attached to
the exterior of a building.
Any sign that is part of or attached to an awning (See Figure
9-1).
The use of a light source behind an awning, canopy, or other
semitransparent material to illuminate or intensify the effect of
that material.
A flexible plastic or fabric-type device intended to be hung
with or without frames that displays a message. A banner is a type
of special event sign. (See Figure 9-2).
[Amended 3-23-2017 by Ord. No. 212]
Illumination by bulbs without shading or shields.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; any light with one or more beams that rotate or move.
See "off-premises sign."
A sign suspended from a marquee, canopy, awning, or porch
roof or ceiling. (See Figure 9-3). See also "projecting sign."
An individual sign indicating the name of a building and
date and incidental information about its construction, which sign
is cut into a masonry surface or made of bronze or other permanent
material and attached to the building.
An on-premises sign attached to the front facade of a nonresidential
building giving the name(s) of the individual businesses/occupants
of the nonresidential building.
An extension of the roof of a building or a freestanding
structure that has a roof with ground support, but no walls.
Any sign that is part of or attached to a canopy (See Figure
9-4).
A sign that is designed to have its sign message content
changed by manual means (such as by physically changing letters) or
that is an electronically changeable message sign.
A sign advertising an occasional special event that benefits
a charitable or public service purpose (such as to benefit volunteer
fire service or a school parent-teacher organization) and that extends
into or over a public street right-of-way. Approval shall be provided
by the Board of Supervisors or its designee, as provided in § 090-130A(4)
of this article.
The C1 and C2 Zoning Districts, and land area that has been
approved to be part of a resort complex/commercial resort.
A temporary individual sign identifying an architect, contractor,
subcontractor, engineer, financial institution, or material supplier
involved in the construction, reconstruction, or repair of a building
or buildings on a lot.
Any sign or sign structure that has been substantially damaged
and which has not been repaired within 45 days after written notice
from the Zoning Officer that the sign constitutes a damaged sign.
Flexible fabric flags that do not display an advertising
message or logo.
A sign that uses electronically changing images, including,
but not limited to, light emitting diode signs, fiber optics, light
bulbs or other illumination devices within the sign display area to
communicate information.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
A temporary individual sign used to advertise the sale of
agriculture products when used in a zoning district where agricultural
use is permitted.
A flexible fabric item affixed on one side to a flexible
flagpole designed to be freestanding with or without words or advertising.
[Added 3-23-2017 by Ord.
No. 212]
A flexible fabric item that is designed to be able to fly
with the wind on a flagpole, but which may also be hung.
Illumination using open flame as the source of the illumination.
Any sign which has intermittent or changing lighting or illumination.
Illumination using floodlights to direct light to a desired
location.
Any sign containing fluorescent colors in the text, graphic,
or background.
A personal use and identification sign used to announce the
sale of a used product personally owned by the seller.
A sign that is mounted on pole(s), post(s), column(s) or
similar feature and that is not attached to a building.
A type of personal use and information sign advertising a
garage or yard sale that complies with Township ordinances.
The ground elevation at the base of a sign. The ground level
shall not be artificially increased at the sign base, such as through
use of berming or retaining walls, to increase the total allowed height
of a sign. If a sign is located on a sloped site, the grade level
shall be based upon the side of a sign that is closest to the nearest
street. (See Figure 9-5).
A lettered, numbered, symbolic, pictorial, or illuminated
visual display that is visible from a public right-of-way.
A freestanding sign that has a maximum total height of eight
feet. (See Figure 9-6).
An individual sign erected by a public agency and intended
to mark or honor an historical site, structure, or event located on
or near the location of the sign.
Any combination of lights, posters, or other material temporarily
displayed on traditionally or legally accepted civic, patriotic, or
religious holidays related to observance of that civic, patriotic,
or religious holiday.
A sign which does not meet the requirements of this article
and is not lawfully nonconforming. An illegal sign specifically includes:
An on-premises sign for the convenience of the public giving
directions, instructions, facility information, or other assistance
around the site, such as location of exits, entrances, one-way signs,
parking lots, driveways, delivery or service area entrances, specific
locations within a specific nonresidential development or lot or a
multifamily housing development in order to direct and/or orient pedestrians
and/or vehicles to assist in proper circulation.
A light source not seen directly.
A sign allowed for a specific purpose and subject to standards
allowing the purpose and intent of the sign to be fulfilled without
adversely impacting the public health, safety, or welfare. Individual
signs include, but are not necessarily limited to, auto dealer vehicle
signs, construction signs, farm product signs, flags, incidental signs,
murals, charitable special event street banner, personal use and information
signs, political signs, business nameplate signs, real estate signs,
special event signs, subdivision identification signs, and vending
machine signs.
The I Zoning District.
An inflated balloon or other device 18 inches or greater
in diameter or length used to attract attention to a business or activity.
A sign which is fully located within the interior of any
building or stadium or within an enclosed lobby or court of any building
and which provides information relevant only to the interior of the
building and/or provides information which can only be read from inside
the building.
A light source concealed or contained within the sign and
which becomes visible in darkness through a translucent surface.
A roofed structure attached to and extending from the front
facade of a building and which projects at least three feet from the
building, and which is erected over a customer doorway(s) to provide
protection from the weather, such as at a theater.
Any sign that is part of or attached to a marquee (See Figure
9-7).
A site plan and accompanying documentation that identifies
all existing and proposed signage for a nonresidential development.
Refers to animation, revolution, vertical and/or horizontal
movement.
Memorial plaques or tablets, grave markers, statuary, or
other remembrances of persons or events that are noncommercial in
nature.
See "subdivision identification sign."
A picture painted directly on a wall.
Illumination caused by neon and similar electrically charged
gases within a glass or plastic tube, specifically including cold
cathode and other similar light sources but not fluorescent light
sources.
Any sign using neon illumination to form letters, symbols,
or other shapes.
A sign, sign structure, or any part thereof that does not
comply with the provisions of this article, but which lawfully existed
prior to the effective date of this article. In order to be lawfully
nonconforming, a sign that required a Township permit at the time
the sign was placed shall have received a Township permit.
Any sign erected or maintained at the intersection of roads
in such a manner as to obstruct free and clear vision of the intersection;
any sign located in a sight triangle (see definition in § 020-020).
A sign advertising a land use or promoting a commercial or
noncommercial message unrelated to the activity conducted on the lot,
development or site where the sign is located; or a sign which directs
attention to a business, commodity, service, entertainment, or attraction
sold, offered, or existing elsewhere than on the same lot or development
where the sign is located.
Signs accessory to commercial, industrial, or institutional
activities, the purpose of which is to sell or index a product, service,
or activity or to provide information regarding a commercial, industrial,
or institutional facility. On-premises signs are located on the same
lot, development or site as the advertised use. If a sign relates
to an activity or use within a resort complex or commercial resort,
a business subdivision or multifamily development, and that sign is
placed within that same complex, resort, subdivision or development,
such sign shall be considered an on-premises sign, even if the sign
is on a different lot than the activity or use advertised by the sign.
A freestanding on-premises sign, not attached to the exterior
of a building, that lists the tenants or occupants of a group of nonresidential
buildings and which directs pedestrians to the various locations,
and which may include a map.
Any lightweight plastic, fabric, or otherwise flexible or
reflective material, whether or not containing a message of any kind,
suspended from a rope, wire, or string, usually in series, designed
to move in the wind.
Any individual, association, company, corporation, firm,
organization, or partnership, singular or plural, of any kind.
An individual sign installed on a private residential lot
by the owner or tenant of that lot for the purposes of displaying
the following types of information: street addresses, nameplates,
private street signs, home occupation signs, property names, for sale
signs, warning signs, garage sale signs, alarm company signs, "No
Trespassing" signs, "No Soliciting" signs, "Beware of Dog" signs,
"No Parking" signs, "No Dumping" signs, "No Hunting or Fishing" signs,
and signs for closely similar purposes.
Signs used to advertise an individual candidate or slate
of candidates for any public office or a statement of an opinion on
a political matter or referendum. Political signs are not personal
use and information signs.
Any sign, magnetic or otherwise, not permanently attached
to the ground or other permanent structure; a sign designed to be
transported, including but not limited to signs designed to be transported
by means of wheels, signs converted to A- or T-frames, menu and sandwich
board signs, balloons used as signs, and umbrellas used for advertising
(See Figure 9-8).
A lot or adjacent lots in common ownership, together with
the buildings and structures thereon.
A personal use and identification sign located at the entrance
of a private drive and denoting that access as private.
A sign which extends perpendicularly to a facade (See Figure
9-9), and which is not a Blade sign.
A temporary public use and information sign installed by
a government employee that provides public notice of a government
event.
Signs installed by a public entity (such as the Township,
commonwealth, school district or federal government). Public use and
information signs include, but are not limited to street signs, traffic
control signs, public notification signs, and any other sign required
by the Township to provide services to its residents. Public use and
information signs also include, but are not limited to, off-premises
signs specifically authorized by PennDOT regulations to direct persons
to tourism attractions.
A temporary individual sign announcing the proposed sale
or lease of part or all of a structure or land.
The PRD, R-1, R-2 and R-3 Zoning Districts.
A sign that is mounted on the roof of a building and which
extends in height above the total structural height of the building
roof. (See Figure 9-10).
The CON and RR Zoning Districts.
A sign fastened to a shopping cart corral structure designating
the structure for the return of shopping carts.
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
Any change to any feature of a sign, including, but not necessarily
limited to, location, area, height, or physical design features, excluding,
however:
A sign that is attached to a tree, pole, stake, fence or
similar object, and which is readable from a street, and which is
not allowed in that location by this article as a different type of
sign.
[Amended 3-23-2017 by Ord. No. 212]
Individual signs announcing special events, including but
not limited to:
Access to a publicly owned road by a permitted driveway.
A public use and information sign identifying the name of
a street or road.
A type of ground sign located at the entrance of a Township-approved
subdivision or multifamily complex and identifying the name of the
development. A subdivision identification sign is not a freestanding
sign.
A public use and information sign used to direct traffic,
control direction or speed, or warn pedestrians and motorists of hazards
or unusual road conditions.
A sign containing one or two sides which displays smaller
signs, often of equal size, to provide directions to motorists within
a nonresidential lot, development or site. For the purposes of this
article, drive-through menu signs are also classified as vehicular
directory signs.
Any sign of more than 40 square feet of sign area that is
displayed within clear view of a public street on a parked vehicle
or trailer or that is transported by a vehicle, where the primary
purpose of such vehicle, trailer or transported sign is to advertise
a product, service or business or to direct people to a business or
activity. If a vehicle or trailer is used on a daily basis to transport
persons and materials off of the site, it shall not be considered
to be a vehicular sign.
An individual sign that was incorporated into the design
of a vending machine and cannot be removed from the machine. These
signs advertise either the distributor that stocks the machine or
the major supplier of the machine's contents.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign.
See "personal use and information sign."
A sign painted or attached to a window or transparent door,
and which can be read from outside the building and which provides
advertisements or information to persons standing outside the building.
See "garage sale sign."
The administrator of this article shall be the Zoning Officer,
which shall include any appointed Assistant Zoning Officers. The Zoning
Officer shall have the responsibility and authority to administer
and enforce all provisions of this article, except those provisions
with powers specifically reserved to the Board of Supervisors or the
Zoning Hearing Board.
No sign shall be erected, displayed, altered, relocated, or
replaced, until the Township issues a zoning permit, except as provided
in § 090-050 (signs not requiring permit), and § 090-150
(Nonconforming signs). A complete application for a sign permit or
approval of a master sign plan shall only be denied if the applicant
does not show compliance with the requirements in this article or
other requirements of this article.
A.
Master sign plan requirements. A master sign plan shall be submitted
to the Zoning Officer for any land development, building or lot proposed
to include three or more new principal nonresidential uses and that
is submitted for zoning approval after the effective date of the ordinance
enacting this article.[1] Where such a master sign plan is required, all subsequent
signs requiring a zoning permit shall comply with the master sign
plan, unless a revision to such plan is first approved by the Zoning
Officer.
(1)
When submission and approval of a master sign plan is required,
the master sign plan shall include the following information, which
shall be submitted to the Zoning Officer prior to the issuance of
a zoning permit for a sign(s) that needs a permit:
(a)
Two copies of a site plan clearly and legibly drawn
at a scale of one inch being equal to 50 feet or less, showing the
location of all existing, proposed and future signs of any type, except
that incidental signs need not be shown, and with the sign's dimensioned
setbacks from the nearest lot line.
(b)
Two copies of building elevations drawn to scale
of each side of the building on which a sign is located or will be
placed showing the sign dimensions and proportions, location of each
existing and proposed sign on the building, material, color scheme,
lettering or graphic style, and lighting, if any.
(c)
Two sets of drawings of the planned signs clearly
indicating the dimensions of all signs, including height above finished
grade, types of lettering, logos and other graphics, colors, materials,
and method of illumination, if any. If the tenants are not known,
typical sign designs shall be shown.
(d)
Two copies of the type and total number of signs
proposed, plus any existing signs that will remain, and a computation
of the maximum total sign area and the maximum area for individual
signs compared to the signage allowed.
(e)
Two copies of the landscaping plan, if one is required
for the type of sign proposed.
(f)
The property owner or developer is encouraged to
include guidelines to assure reasonable consistency among signs of
various uses.
(g)
Additional submittals or amendments to the master
sign plan will be necessary as changes to a sign(s) in such land development,
building or lot occur. Any amendments to a master sign plan must be
signed and approved by the property owner(s) and Zoning Officer before
such amendment will become effective.
(2)
Where a master sign plan is required, no zoning permit shall
be issued for a sign requiring a zoning permit and no sign shall be
erected until a master sign plan, or amendment thereto, has been approved
by the Zoning Officer.
(3)
A required master sign plan should be submitted as part of a
final land development plan, to show signs that are known at that
time.
[1]
Editor's Note: This article was enacted by Ord. No. 205, which
was adopted 12-28-2015 and which provided that it would be effective
five days after its enactment.
B.
Permit application. Applications for zoning permits for signs
shall be completed and submitted using forms provided by the Township.
Applications shall include the following information in either written
or graphic form:
(1)
Location of the sign in relation to lot lines, buildings, sidewalks,
streets, public rights-of-way, street intersections and existing signs
of more than five square feet. The following features shall be shown
where they may be directly impacted by the proposed sign: wooded areas,
trees greater than twenty-four-inch trunk diameter at 4.5 feet above
ground level, wetlands, and watercourses. In addition, information
on similar features on immediately adjacent properties may be required
by the Zoning Officer if they may be directly impacted by the proposed
sign, such as if wooded areas are proposed to be removed on an adjacent
lot.
(2)
Type of sign (such as ground or wall) and general description
of structural design and construction materials.
(3)
Drawing(s) of the proposed sign which shall contain specifications
indicating height, perimeter, area, dimensions, type of lettering,
text, color, means of support, method of illumination, and any other
significant characteristics of the proposed sign.
(4)
Letter acknowledging and approving the construction and use
of the sign by the property owner or his/her authorized representative,
or written evidence that the applicant (such as a tenant) is authorized
to submit a zoning application.
(5)
Specific additional information that the Zoning Officer determines
is necessary to determine compliance with a requirement of this article.
(6)
The required sign permit fee as established under separate resolution
by the Board of Supervisors. Permit fees are intended to cover the
cost for administering this article.
(7)
A landscaping plan, if required by this Zoning Ordinance.
C.
Permit review and action. The Zoning Officer shall review the
permit application for the sign and issue or deny the permit in conformance
with this article.
[Amended 3-23-2017 by Ord. No. 212]
(1)
Official date. The official date of submission shall be the
day the Zoning Officer determines the completed application with all
required or necessary data has been properly prepared and submitted.
(2)
Time to decide. The Zoning Officer shall determine whether the
proposed sign will or will not be in compliance with the requirements
of this article and shall, within 30 calendar days of the official
date of a complete submission, issue or deny the permit for the sign,
unless the application is dependent upon another Township approval
that has not yet been obtained. The Zoning Officer should notify an
applicant within five business days if an application is incomplete,
and should highlight information that is missing.
(3)
Photograph. When the sign installation has been completed, the
applicant shall photograph the completed sign and forward the photograph
to the Zoning Officer with a request for a certificate of compliance.
The photograph shall be in a format specified by the Zoning Officer.
(4)
Inspection for compliance. Upon completion of the work, the
Zoning Officer shall perform a final inspection of any approved sign.
Where the sign has been constructed in accordance with the permit,
the Zoning Officer shall issue a certificate of compliance. The final
dimensions of the sign will be noted by the Zoning Officer on the
final zoning permit and a photograph of the sign shall be attached
to the permit.
(5)
Discrepancies. When there is a discrepancy between an approved
sign permit and the sign as constructed, the Zoning Officer shall
notify the owner in writing that a discrepancy has been identified.
The Zoning Officer may also issue a stop-work order regarding the
installation of an unauthorized sign. The Zoning Officer shall issue
an enforcement notice and require that the sign shall be removed or
brought into compliance within 20 days.
(6)
Complaints. The Zoning Officer shall investigate complaints
of alleged violations of these regulations and may revoke any permit
if there is any violation of these regulations or if there was any
misrepresentation of any material fact in either the sign permit application
or the plans.
D.
Expiration of zoning permits for signs. If the sign authorized
by any zoning permit has not been erected or completed within one
year from the date of issuance of that permit, the permit shall be
deemed expired and a new application must be submitted, unless otherwise
provided under state law.
E.
Revocation of a sign permit. All permits and privileges acquired
under the provisions of this article are revocable by the Zoning Officer
for failure to comply with the Zoning Ordinance, including this article.
F.
Maintenance of signs. Signs must be properly maintained, be
properly painted, and be kept free from all hazards, including but
not limited to faulty wiring, loose fastenings, being in an unsafe
condition, or being detrimental to the public health or safety.
G.
Enforcement. When a violation of this article of the Zoning
Ordinance has occurred, the Zoning Officer shall initiate enforcement
action through issuance of an enforcement notice.
(1)
Violations. The following signs shall be in violation of this
article of the Zoning Ordinance and shall be subject to enforcement
action as allowed by this article:
(a)
Any sign not properly permitted as required by
this article.
(b)
Any sign which presents immediate peril to persons
or property.
(c)
Any "damaged sign" as defined by this article,
or any sign that could present an imminent threat to persons or property
because of the sign's condition or placement.
(d)
Any sign, other than an official governmental sign
or a public use and information sign, that is located in a public
street right-of-way and that does not meet one of the following standards:
(e)
Any other sign not in conformance with any section
of this article and which is not lawfully nonconforming.
(2)
Enforcement notice. The enforcement notice shall be sent to
the property owner of record of the parcel on which the sign is located
and should also be sent to any tenant who is using the sign, and to
any agent who the landowner has designated in writing to the Township.
An enforcement notice shall meet the requirements for such notice
in the Municipalities Planning Code.
[Amended 3-23-2017 by Ord. No. 212]
(3)
Enforcement remedies. When an enforcement notice has been issued
and an appeal to the Zoning Hearing Board has not been filed in a
timely manner, or the Zoning Hearing Board has found in favor of the
Township, the Township may file a civil complaint with the Magisterial
District Judge seeking the imposition of a fine for the violation(s)
and other costs. In addition, the Township may at any time institute
legal proceedings in the courts to prevent or restrain any violation
of this article. If an unauthorized sign is located within a public
street right-of-way or represents an imminent threat to persons, property
or public safety, the Township may remove the sign, with the costs
of removal being charged to the sign owner.
The following signs are allowed in all zoning districts and
do not need a zoning permit, provided the signs meet the requirements
of this article.
A.
Any sign required by law and which is required to be posted
outdoors.
B.
Auto dealer vehicle signs as accessory to an on-site lawful
vehicle sales use.
C.
Business nameplates not exceeding one square foot in area per
nonresidential establishment. See § 090-130A.
D.
Building markers not exceeding four square feet and not exceeding
four feet in height.
E.
Decals not exceeding an aggregate of two square feet per building
entrance.
F.
Historical markers erected by an historical agency or association
and approved by majority vote of the Board of Supervisors at a regular
meeting or by a state agency.
G.
Interior signs.
H.
Flags of levels of government.
[Amended 3-23-2017 by Ord. No. 212]
I.
Memorial signs located in an approved cemetery.
J.
Construction signs, real estate signs and political signs of
16 square feet or smaller in sign area.
K.
Vending machine signs.
L.
Incidental signs.
M.
Public notification signs for hearings to be held by a Middle
Smithfield Township Board.
N.
Personal use and information signs.
O.
Public use and information signs.
P.
A sign that is physically carried by a person and does not rest
upon the ground or a building. However, such person shall not enter
into the travel lanes or shoulder of a public street or obstruct a
vehicle driveway while actively displaying the sign.
Q.
Shopping cart corral signs within a C1, C2 or I district.
R.
Window signs that are not illuminated and that are 10 square
feet or smaller in sign area.
S.
On-premises signs that are not readable from any highway, street
or lot line, and which are not internally illuminated, and which have
a total height of less than 10 feet shall not be regulated in number,
type or sign area size by this article.
T.
Signs that existed within a resort complex or commercial resort
development at the time of approval of such use, or that are within
the scope of the master plan submitted and approved for such use under
a prior Township Zoning Ordinance.
U.
Signs within an approved resort complex or commercial resort
development that cannot be read from any public street and from any
lot located outside of the resort complex or commercial resort development.
See also the definition of "on-premises signs" in regards to resorts.
Any sign that is not specifically allowed by this article is
hereby prohibited. The following signs are also specifically prohibited:
A.
Freestanding signs greater than 20 feet in height.
B.
Changeable signs that are manually changed and that involve
more than 60 square feet of sign area per side.
C.
Snipe signs.
D.
Vehicular signs, involving vehicles parked on private property
within 50 feet from a public street right-of-way and that are within
clear view of a public street.
E.
Off-premises signs that do not meet the requirements for such
signs in this article.
F.
Feather flag/banner.
[Added 3-23-2017 by Ord.
No. 212]
G.
Pennants.
[Added 3-23-2017 by Ord.
No. 212]
H.
Airdancer.
[Added 3-23-2017 by Ord.
No. 212]
A.
Schedule I: Allowed signs in each zoning district. The following
types of signs are allowed in the following zoning districts, provided
there is compliance with the provisions of this article. All of the
signs listed in this § 090-080 shall need a zoning permit,
except as provided in § 090-050.
(1)
The following signs are allowed in all zoning districts:
(a)
Construction signs.
(b)
Flags of a level of government.
[Amended 3-23-2017 by Ord. No. 212]
(c)
Farm product sign (limited to a principal agricultural
use where accessory retail sales have been approved).
(d)
Political signs that are 16 square feet or smaller
in sign area.
(e)
Subdivision identification signs.
(f)
Charitable special event street banners.
(g)
Incidental signs.
(h)
Personal use and information signs.
(i)
Real estate signs.
(j)
Vending machine signs.
(k)
Business nameplate signs which do not exceed the
dimensions set forth in § 090-050C.
(l)
A sign that is physically carried by a person and
does not rest upon the ground or a building. However, such person
shall not enter into the travel lanes or shoulder of a public street
or obstruct a vehicle driveway while actively displaying the sign.
(m)
Window signs that are not illuminated and that
are 10 square feet or smaller in sign area.
(n)
Principal institutional use directional sign.
(o)
Signs that are not readable from any highway, street
or lot line, as provided in § 090-050S.
(2)
The following signs are only allowed in the C1, C2 or I districts,
or in an approved resort complex or commercial resort, or for a lawful
principal nonresidential use in another district:
(a)
Auto dealer vehicle signs.
(b)
Awning sign.
(c)
Blade signs.
(d)
Business nameplate signs which exceed the dimensions
set forth in § 090-050C.
(e)
Canopy signs.
(f)
Ground signs.
(g)
Individual sign, unless otherwise provided herein.
(h)
Freestanding sign.
(i)
Marquee signs.
(j)
Murals.
(k)
On-premises sign.
(l)
Pedestrian information sign plazas.
(m)
Political signs, which may be more than 16 square
feet in sign area.
(n)
Special event signs.
(o)
Vehicular directory signs.
(p)
Wall signs.
(q)
Window signs.
(3)
The following signs are only allowed in the C1, C2 or I districts
for a principal nonresidential use:
The regulations of this section specify the area and heights
of signs that are allowed within the Township and which require a
permit.
A.
Determination of sign area. The following criteria shall be
used to determine the area of a sign:
(1)
The entire face of the sign (one side only) including all lettering,
wording, and accompanying designs and symbols, together with the background,
whether open or closed, and any framing, bracing, or wall work incidental
to its decoration shall be included (See Figure 9-12).
(2)
Where a sign structure has more than one sign face, one sign
face shall be used to calculate the sign area. Where sign faces on
the same sign structure differ in size, the largest sign face shall
be used to determine the sign area.
(3)
Where the sign face consists of individual raised and/or recessed
letters, logos, symbols, and/or graphics, the sign area shall be the
area of the smallest rectangle that can encompass those letters, logos,
symbols, and/or graphics (Figure 9-13). Where the sign consists of
a sign face of irregular shape, the sign area shall be the area of
the smallest rectangle that can encompass the sign face, background,
and frame. However, if a sign is a perfect circle, the sign shall
be allowed to be measured based upon the square feet within the circle.
An irregular sign may be measured based upon two rectangles. Such
calculation shall also apply to a sign placed on a canopy or awning.
B.
Determination of sign height. Sign height shall be based upon
the vertical distance from the "grade level" (as defined by this article)
and the total height of the sign. If a sign is directed towards an
adjacent street and the nearest segment of that street has an elevation
of pavement that is more than 10 feet higher than the grade level
under the sign, then the sign height may be measured from that elevation
of pavement.
All signs shall meet the following additional requirements:
A.
Sign materials and construction. All signs shall be constructed
and installed in compliance with the current construction code(s).
B.
Maintenance. Every sign, including signs that do not need a
permit, shall be maintained in good repair and in a safe, clean, and
attractive condition.
C.
Design. Except as otherwise allowed herein, no part of a sign
or other commercial display shall contain or consist of pennants,
ribbons, streamers, spinners, or other similar moving, fluttering,
or revolving devices. No sign shall utilize mechanical movement or
sequin or sparkle effects, unless otherwise allowed by this article.
(1)
Fluorescent and/or neon signs. No sign shall be permitted that
is comprised of exposed fluorescent tubing or neon or similar lighting,
except that an allowed principal commercial use may have a single
neon sign if it is located in a window in compliance with this article
and where allowed under Schedule I.[1]
[1]
Editor's Note: See § 090-080A.
(2)
Sign emissions. No sign which emits smoke, visible vapors, particles,
sound, or odor shall be permitted.
(3)
Sign projections. Except as otherwise permitted by this article
(such as for a projecting sign), signs shall have no projecting elements
greater than 18 inches.
(4)
Mirrors. No mirror-type device shall be used as a part of a
sign.
(5)
Holographic images. Signs shall contain no parts that are holographic
or that are able to produce any holographic image.
(6)
Clear sight triangle. No sign shall be located within a clear
sight triangle or shall otherwise create a traffic visibility hazard.
D.
Setbacks and signs in the right-of-way and on public property.
(1)
Except as otherwise permitted by this article, all signs shall
be set back at least 10 feet from a street right-of-way line, or from
a street cartway where a right-of-way line does not exist. Only official
governmental signs and signs authorized under PennDOT regulations
to be located within a public right-of-way shall be allowed within
a public right-of-way.
(2)
Public property.
(a)
A person or nongovernmental entity shall not post
any sign upon public property without written permission from the
governmental entity that owns or controls that property, except for
customary information utility companies place on utility poles. Political
and commercial advertising signs shall not be allowed on public property
except for:
(b)
A sign posted on Township property or within a
public street right-of-way without governmental permission may be
removed and discarded.
(3)
Freestanding signs of more than 10 square feet in sign area
shall be set back a minimum of 10 feet from any adjacent lot line
of a lot that is not in common ownership with the lot where the sign
is located.
E.
Signs on private property. No person shall post a nongovernmental
sign upon private property without permission from the property owner.
A nongovernmental sign posted on private property without permission
of the property owner may be removed and discarded by the property
owner or his/her designee.
A.
Regulations for off-premises signs (which includes signs commonly
known as "billboards").
(1)
An off-premises sign may be a principal or accessory use of
a lot.
(2)
An off-premises sign shall only be allowed in the C-1 District
and shall need conditional use approval, and shall also meet the following
additional requirements:
(3)
The sign shall comply with the minimum setbacks for principal
buildings for the district in which the sign is proposed.
(4)
All off-premises signs shall comply with the requirements set
forth in § 090-100.
(7)
Off-premises signs shall contain a maximum of two faces, but
shall only have one face if the interior angle inside the two sign
faces is greater than 45°.
(8)
No off-premises sign structure of more than 72 square feet of
sign area shall be located within a two-thousand-six-hundred-forty-foot
(one-half-mile) radius of any other off-premises sign structure of
more than 72 square feet of sign area.
(9)
No off-premises sign shall be located within a one-hundred-foot-wide
radius of any on-premises sign or within 100 feet from a residential
district.
(10)
No off-premises sign shall be located within a three-hundred-foot-wide
radius of any existing residence.
(11)
Extensions or add-ons beyond the rectangular perimeter of the
sign are prohibited.
(12)
No off-premises sign shall be located along a scenic byway,
street or highway as designated by the Township, county, or PennDOT.
(13)
Illumination of off-premises signs is prohibited between 12:00
midnight and 6:00 a.m. New lighting shall be installed on top of the
sign facing downwards.
(15)
Wood support structures are prohibited for new off-premises
signs of more than 72 square feet of sign area.
(16)
An engineering certification shall accompany any application
for an off-premises sign. The certification shall indicate under seal
of a professional engineer licensed in Pennsylvania that the sign
has been designed in accordance with acceptable engineering practices,
including wind resistance.
(17)
Off-premises signs shall be landscaped in accordance with § 090-120C.
(18)
Trees greater than four inches in trunk diameter at 4.5 feet
above ground level that are removed for construction of the sign shall
be replaced on site at a ratio of one replacement tree for each removed
tree, using native species no less than four inches in diameter.
(19)
Brightness. The illumination and/or intensity of the display
shall be so controlled so as to not create glare, hazards or nuisances,
and shall comply with § 090-140.
(20)
An off-premises sign shall not be an electronically changeable
message sign.
B.
Principal institutional use directional signs.
(1)
These signs shall be permitted by right in all districts, for
the purposes of telling motorists which way to travel to reach an
institutional use.
(2)
A maximum of two signs of 16 square feet each shall be allowed
to be used to direct persons to the location of a place of worship,
primary or secondary school, or similar principal institutional use
that is located within Middle Smithfield Township.
(3)
The owner of the lot shall provide written permission for the
sign, which may be off-premises.
(4)
The sign shall not be illuminated and shall not be within a
public street right-of-way.
C.
See also the definition of "on-premises signs," which affects
resorts and certain other developments.
All on-premises signs shall meet all general sign requirements
in § 090-100 and are subject to the following specific regulations,
provided there is compliance with the other requirements of this article:
A.
Blade signs. Where blade signs are permitted as provided in
Schedule I of this article,[1] any principal nonresidential use may display one blade
sign in front of the main entrance building facade, provided that:
(1)
The minimum height of a blade sign shall be eight feet, and
the maximum height of blade sign shall be 12 feet measured from the
walking surface below the sign to the bottom of the sign.
(2)
The maximum sign area for each face of a blade sign shall not
exceed six square feet.
(3)
Blade signs shall not be internally illuminated.
(4)
Blade signs shall be mounted perpendicular to the building entrance.
[1]
Editor's Note: See § 090-080A.
B.
Sign bonus for signs that appear to have relief-cut wood. The maximum sign area for any sign may be increased by 20% for a sign that has an appearance of relief-cut wood, and which is not internally illuminated. (Note: The Construction Code may require the use of artificial materials for firesafety purposes.) This sign bonus and the sign bonus provided in Subsection C may be added together if the requirements for each are met.
C.
Sign bonus for freestanding signs of less than eight feet height.
Where a freestanding sign is allowed to have a height of 15 feet or
greater or an existing freestanding sign of more than 15 feet height
is replaced, and the new freestanding sign will have a total height
of less than eight feet, then the freestanding sign shall be allowed
to have a sign area 20% greater than would otherwise be allowed.
(1)
In order to receive this sign area bonus, the sign shall be
surrounded by a landscaped area covering a minimum ground area equal
to 50% of the sign area of the sign.
(2)
The minimum number of planting units for the landscaped area
of this sign shall be equal to not less than one planting unit per
four square feet of landscaped area. Planting units shall include
a mixture of annuals, perennials, ornamental grasses, shrubs, evergreen
and/or shade trees. No less than 50% of the total number of planting
units shall be a mixture of perennials, shrubs, evergreen and/or shade
trees. If annuals are used, they must be replanted each year.
(3)
The perimeter of the landscaped island shall be formed from
materials such as, but not limited to, stone, brick, or landscape
timbers.
(4)
The area of the landscaped island shall be mulched or otherwise
maintained as necessary to keep it free of weeds, brush, trash and
deteriorating material.
(5)
The proposed landscape plan shall be approved by the Zoning
Officer.
D.
Vehicular directory signs. Where vehicular directory signs are
permitted under Schedule I of this article,[2] a nonresidential lot or development may display one vehicular
directory sign adjacent to intersecting interior driveways or an interior
driveway nearest the principal building or buildings, and one sign
for each use having a drive-through food service lane, provided that:
(1)
Such sign shall not exceed a height of eight feet.
(2)
Each such sign shall not exceed an area of 35 square feet.
(3)
All vehicular directory signs shall be surrounded by quality
landscaping subject to compliance with the landscaping requirements
of this article and § 090-120C.
[2]
Editor's Note: See § 090-080A.
E.
Freestanding signs. Where a lot contains one or more principal
nonresidential uses, the lot shall be permitted to have one main entrance
freestanding sign and, if applicable, one secondary entrance freestanding
sign, subject to the following regulations:
(1)
Main entrance freestanding sign. A main entrance freestanding
sign shall be located within 100 feet of the main vehicle entrance
to the nonresidential lot in question and shall conform to the following
regulations. For the purposes of this article, the main vehicle entrance
shall be where the majority of vehicles enter and exit the lot or
development in question:
(a)
The maximum sign area of a main entrance freestanding
sign shall be determined in accordance with the following table.
Main Entrance Freestanding Sign
| ||
---|---|---|
Gross Building Floor Area of Nonresidential Development
on Lot
(square feet)
|
Maximum Sign Area of Main Entrance Freestanding Sign Per
Sign Face
(square feet)
| |
0 to 25,000
|
40 per face, except 60 for a lot with 3 or more principal nonresidential
establishments
| |
25,001 to 50,000
|
60 per face, except 80 for a lot with 4 or more principal nonresidential
establishments
| |
50,001 to 100,000
|
80 per face, except 100 for a lot with 5 or more principal nonresidential
establishments
| |
100,001 to 150,000
|
120 per face, except 160 for a lot with 8 or more principal
nonresidential establishments
| |
150,001 and above
|
160 per face
|
(b)
A main entrance freestanding sign shall be permitted
to have up to two sign faces.
(c)
Illumination of the sign shall comply with § 090-140
of this article.
(d)
See § 090-100.
(e)
The location of the main entrance freestanding
sign shall be shown on the land development plan.
(f)
The height of a main entrance freestanding sign
face and structure shall not exceed 12 feet, except a twenty-foot
maximum height shall apply for a sign of 80 square feet or larger.
For purposes of this section the height of a main entrance freestanding
sign face and structure shall be measured from the grade at the base
of the main entrance freestanding sign.
(g)
A main entrance freestanding sign structure may
contain an interior storage compartment or area that shall only be
utilized for the storage of spare parts, provided that:
(h)
The exterior finish(es) of a main entrance freestanding
sign support structure shall be constructed of natural or synthetic
brick or stone, stucco and/or exterior insulation and finish systems
(EIFS) or materials with a closely similar appearance.
(2)
Secondary entrance freestanding sign. In addition to the main
entrance freestanding sign, a nonresidential development, lot or site
served by more than one permitted motor vehicle entrance from a public
road shall be allowed one secondary entrance freestanding sign within
100 feet of each such entrance. The secondary entrance freestanding
sign shall conform to the following standards:
(a)
The maximum width of a secondary entrance freestanding
sign shall not exceed eight feet. The maximum height of a secondary
entrance freestanding sign shall not exceed five feet. For purposes
of this section, the height of a secondary entrance freestanding sign
shall be measured from the grade at the base of the secondary entrance
freestanding sign.
(b)
The maximum sign area of a secondary entrance freestanding
sign shall not exceed 20 square feet per sign face.
(c)
Only the name and logo, if applicable, of the nonresidential
development, lot or site in question shall be depicted on a secondary
entrance freestanding sign.
(d)
The exterior finish(es) of a secondary entrance
freestanding sign support structure shall be constructed of natural
or synthetic brick or stone, stucco and/or exterior insulation and
finish systems (EIFS) or materials with a closely similar appearance.
The sign architecture shall be the same as the main entrance freestanding
sign.
(e)
A maximum of two faces per secondary entrance freestanding
sign shall be permitted.
(f)
Each secondary entrance freestanding sign may be
illuminated internally and/or externally. If internally illuminated,
only the individual letters, logos and symbols shall be illuminated.
If externally illuminated, the sign illumination shall comply with
§ 090-140 of this article.
(g)
See § 090-100.
(h)
A secondary entrance freestanding sign shall be
set forth on the land development plan.
(3)
Resort complex freestanding signs: See Subsection M below.
F.
Projecting signs. Where projecting signs are permitted as set
forth in Schedule I of this article,[3] any nonresidential use may display one projecting sign
on the main entrance building facade, provided that:
(1)
The sign is counted toward the lot's wall sign area limit as
set forth in this article. The maximum projecting sign area shall
be 16 square feet per side.
(2)
The projecting sign shall conform to the wall sign regulations
set forth in § 090-120H hereof, except that a projecting
sign may extend up to four feet from a building wall.
(3)
The minimum clearance height of a projecting sign shall be eight
feet measured from the walking surface below the sign to the bottom
of the sign, and the maximum height of a projecting sign shall be
12 feet.
(4)
The sign shall not project into any public or private right-of-way
and shall not be internally illuminated.
[3]
Editor's Note: See § 090-080A.
G.
Shopping cart corral signage. Where allowed by Schedule I[4] and where shopping cart corrals are shown on a Township-approved
site plan or land development plan, each shopping cart corral may
have affixed to it a shopping cart corral sign conforming to the following
standards:
(1)
The maximum height of a shopping cart corral sign shall not
exceed seven feet.
(2)
The maximum sign area for each face of a shopping cart corral
sign shall not exceed four square feet.
(3)
Shopping cart corral signs shall not be illuminated, but may
be manufactured from reflective vinyl or other reflective materials.
[4]
Editor's Note: See § 090-080A,
H.
Wall signs.
(1)
In the PRD, CON, RR, R1 and R2 Districts, the following sign
regulations shall apply to allowed principal nonresidential uses (including
lawful principal nonconforming uses), other than approved resort complexes/commercial
resorts:
(a)
Up to two wall signs shall be permitted on each
side of a building that faces onto a street or parking lot, with all
wall signs having a combined total maximum wall sign area of 30 square
feet, except a total of 50 square feet shall be allowed along a building
side that is longer than 100 feet.
(2)
In the C1, C2, R3 and I Districts and approved resort complexes
and commercial resorts, the following sign regulations shall apply
to all nonresidential uses:
(a)
The total of all wall signs on each side of a principal
building shall not exceed one square foot for each linear foot of
building length on which the signs are attached. Wall signs may be
attached to a sloped roof, provided they do not extend above the roofline
of the building.
[1]
Wall signs on a shopping center or strip mall.
Whenever an applicant proposes a row or series of adjoining signs
to be placed upon a wall surface having a common roofline, such signs
shall be of the same general design and material so as to create uniformity
among the series of signs.
(b)
Within the allowed size limits of wall signs, a
live or movie theater may install a marquee sign with a mechanically
or electronically changeable message.
(c)
Awning or canopy signs. Awnings and canopy signs
shall be allowed on a principal commercial building, subject to the
following:
[1]
The permitted area of awning or canopy signs shall
be one square foot for each two linear feet of awning or canopy, up
to a maximum of 16 square feet.
[2]
No awning or canopy sign shall extend above the
top of the awning or canopy.
[3]
The sign area of an awning or canopy sign shall
be counted towards the allowed maximum wall sign area.
(d)
Notwithstanding the foregoing, the sign must meet
the standards of § 090-140.
[Added 9-13-2018 by Ord.
No. 222]
I.
Window signs (see definition, which includes door signs). The
total of all window signs shall not exceed more than 50% of the area
of all of the windows and transparent doors along the side of the
building on which they are displayed.
J.
Neon signs. Where neon signs (including signs that are internally
lit with similar chemicals) are permitted under Schedule I,[5] an allowed principal commercial use shall display no more
than one neon sign. Such sign shall only be allowed if placed in a
window.
(1)
The sign area of the neon sign shall be included within the
maximum sign area of wall signs permitted by this article.
(2)
The sign does not exceed a sign area of 10 square feet.
(3)
Neon signs may only be illuminated during business hours.
[5]
Editor's Note: See § 090-080A.
K.
Pedestrian information sign plazas. Pedestrian information sign
plazas are permitted as provided in Schedule I of this article,[6] provided that:
(1)
The maximum height of each pedestrian information sign plaza
shall not exceed seven feet.
(2)
The maximum sign area for each face of a pedestrian information
sign plaza shall not exceed 32 square feet.
(3)
Any lighting shall comply with the glare regulations of this
article.
(4)
Pedestrian information sign plazas shall be located to serve
pedestrians within a nonresidential development or lot. However, the
Plaza shall be located so that a substantial portion of its sign information
shall not be visually readable from any public street.
(5)
Pedestrian information sign plazas shall have a maximum total
height of eight feet.
[6]
Editor's Note: See § 090-080A.
L.
Resort signs. Within an approved resort complex or commercial
resort, the following additional signs shall be allowed:
(1)
One freestanding sign may identify the development at each vehicle
entrance, with a maximum sign area of 75 square feet on each of two
sides and a maximum height of 12 feet.
(2)
One directional sign shall be allowed at each street intersection
with a maximum sign area of four square feet and a maximum height
of six feet.
(3)
One freestanding sign with a maximum sign area of 20 square
feet and a maximum height of six feet shall be allowed at each housing
or community unit cluster.
(4)
Each dwelling unit and building may display a personal use and
information sign, as provided in this article.
(5)
One directory sign may be located at each housing or amenity
cluster to identify the establishments located in buildings, with
a maximum sign area of 16 square feet and a maximum height of six
feet.
(6)
One amenity identification sign shall be allowed at each development
amenity, with a maximum sign area of 16 square feet and a maximum
height of 10 feet.
[Amended 3-23-2017 by Ord. No. 212]
A.
The following miscellaneous types of individual signs shall
be permitted where allowed by Schedule I of this article,[1] provided the sign complies with the other requirements
of this article. See Section 090-50 concerning whether a zoning permit
is required.
(1)
Automobile dealer vehicle sign. Such signs are permitted as
allowed in Schedule I of this article,[2] provided that:
(a)
The sign shall be attached to a vehicle.
(b)
No vehicle shall display more than three such signs.
(c)
No automobile dealer vehicle sign shall exceed
two square feet in area.
[2]
Editor's Note: See § 090-080A.
(2)
Business nameplate signs. Business nameplate signs are permitted
as allowed in Schedule I of this article,[3] provided that:
(a)
One square foot of sign area shall be allowed per
nonresidential establishment in a nonresidential building. No business
nameplate sign shall exceed eight feet in height.
(b)
Business nameplate signs shall not include information
pertaining to an off-site activity.
[3]
Editor's Note: See § 090-080A.
(3)
Charitable special event street banners on or above a public
right-of-way. A charitable special event street banner, on or above
a public right-of-way, is permitted, as allowed in Schedule I of this
article,[4] provided that:
(a)
The bottom of the sign shall have a minimum clearance
of 17.5 feet above the street surface. The application shall specify
the exact location and the method that will be used to attach the
sign.
(b)
The sign may be double-faced with 75 square feet
on each face.
(c)
PennDOT approval shall be required if a state right-of-way
is involved; approval by the Board of Supervisors or its designee
is needed over a Township right-of-way. A certificate of insurance
shall be supplied to the Township that provides a minimum of $1,000,000
of liability protection to the Township and its officials, unless
the sign is for a Township program.
(d)
Such sign shall be posted for a maximum of 14 days.
(e)
At the Township's option, the Township may require
that Township staff or their designee post and remove the sign, with
the costs of such work required to be reimbursed by the applicant,
unless the sign is for a Township program.
[4]
Editor's Note: See § 090-080A.
(4)
Construction sign.
(a)
One temporary, nonilluminated sign may be placed
on any lot, development or site where construction, repair, or renovation
is in progress. Such sign shall have a maximum sign area of 16 square
feet for a lot containing up to four dwelling units and 30 square
feet for other uses. If the sign is not attached to a building wall,
the sign shall have a maximum total height of six feet.
(c)
The construction sign shall be removed if construction
in question does not commence within 90 days of the installation of
said construction sign.
(d)
No construction sign shall be erected for more
than 18 consecutive months from the date of issuance of a zoning permit
for the installation of the construction sign.
(5)
Farm product sign. Signs announcing the availability of seasonal
farm products are permitted as allowed in Schedule I of this article,[5] provided that:
(a)
The number of farm product signs shall not exceed
two per lot.
(b)
The total area of all farm product signs shall
not exceed 20 square feet.
(c)
No single farm product sign shall exceed 10 square
feet.
(d)
No farm product sign shall exceed five feet in
height.
(e)
The farm product signs shall not be erected more
than 15 days in advance of the sales.
(f)
All farm product signs shall be removed within
five days of the end of the sales.
(g)
The sign shall be located on the same lot as the
sale of the seasonal farm product.
[5]
Editor's Note: See § 090-080A.
(6)
Flag. Flags are permitted in all districts, provided that:
(a)
No single flag shall exceed 40 square feet in area
(except the United States flag), and no single lot shall fly more
than six flags, except individual households may fly their own United
States flag.
(b)
Flagpoles shall not exceed 40 feet in height.
(c)
Wall-mounted flags shall not exceed 12 feet in
height.
(d)
Note: Federal law stipulates many aspects of etiquette
for the United States flag, including through the Flag Code. Some
guidelines from the Flag Code include:
[1]
The United States flag should be lighted at all
times at night.
[2]
The United States flag should not be used for any
decoration in general. Bunting of blue, white and red stripes is available
for these purposes. The blue stripe of the bunting should be on the
top.
[3]
The United States flag should never be used for
any advertising purpose.
[4]
The United States flag should be cleaned and mended
when necessary.
[5]
When a United States flag is so worn it is no longer
fit to serve as a symbol of our country, it should be destroyed by
burning in a dignified manner.
(e)
If a flag has an advertising message, it shall
be regulated as a type of freestanding sign.
(f)
Decorative flags may be used on residential use
properties.
(7)
Incidental sign. Incidental signs are permitted in all districts
under the following additional standards:
(a)
Each incidental sign shall not exceed a sign area
of three square feet.
(b)
An incidental sign shall not exceed a height of
five feet if attached to a pole or post, or eight feet if attached
to a building wall.
(c)
An incidental sign shall not include advertising.
(d)
Any illumination shall meet § 090-140.
The use of reflective materials is encouraged.
(8)
Mural. Murals are permitted as allowed in Schedule I of this
article,[6] provided that:
(a)
No mural shall cover any windows, doors, or other
architectural features.
(b)
No mural shall exceed a height of 15 feet.
(c)
No mural shall exceed an area of 32 square feet,
and no more than one mural shall be permitted on a building.
(d)
A mural visible to the public shall be integrated
into the design of the building and not involve nudity or sexually
explicit images.
(e)
No mural shall contain a commercial message or
shall advertise a use located in the building on which the mural is
located, unless the mural meets all of the regulations for the applicable
type of sign.
(f)
The area of a mural shall be included within the
maximum sign area of wall signs permitted by this article.
[6]
Editor's Note: See § 090-080A.
(9)
Personal use and information signs (includes home occupation
signs). Except as otherwise provided herein, personal use and information
signs are allowed in all districts and shall meet the following additional
standards:
(a)
No personal use and information sign may exceed
two square feet in area.
(b)
The aggregate area of all personal use and information
signs on a lot that are readable from a street shall not exceed eight
square feet.
(c)
No personal use and information sign may exceed
five feet in height.
(d)
Commercial messages in a residential district shall
be limited to an on-premises use, such as an approved home occupation.
(e)
Building address numbers shall be posted within clear view of a street in compliance with Chapter 85 of the Middle Smithfield Township Code of Ordinances, in order to provide adequate visibility for emergency responders in vehicles. Such chapter covers such matters as the height, location, size and visibility of such address numbers.
(10)
Political signs. Political signs are permitted in all districts,
provided that:
(a)
No political sign shall be displayed more than
15 days after the election or vote to which the sign pertains, if
it pertains to an election or vote.
(b)
A political sign shall not be posted on Township
property, except as may be allowed outside of a polling place on election
day.
(c)
The maximum sign size shall be 16 square feet on
each of two sides. Any larger sign shall be regulated as an off-premises
sign (such as on a billboard).
(d)
A political sign for any candidate or issue shall
not be located within 100 feet of any other sign for the same candidate
on the same lot that is readable from the same street.
(11)
Real estate signs. Except as otherwise provided herein, real
estate signs indicating the availability of real property for lease
or sale are permitted in all districts if they meet the following
additional provisions:
(a)
The real estate sign must be located on the premises
being leased or sold.
(b)
Display of real estate signs shall be limited to
one per street frontage.
(c)
No real estate sign shall exceed six feet in height
unless attached to the side of a building.
(d)
A real estate sign in a CON, PRD, RR, R1, R2 or
R3 District or for an individual dwelling unit shall not exceed 16
square feet in sign area.
(e)
Except as provided in Subsection A(12)(d) above, a real estate sign shall have a maximum size of 32 square feet. In addition, a lawful existing sign may be temporarily used as a real estate sign.
(f)
All real estate signs shall be removed within seven
days after settlement, lease of the property, or expiration of the
listing term.
(12)
Special event sign (includes banners). Signs announcing special
events, including but not limited to auctions, grand openings, new
management, going out of business, and events sponsored by religious,
charitable, or public service organizations or occasional festivals
within a resort complex/commercial resort are permitted as allowed
in Schedule I of this article,[7] provided that:
(a)
A zoning permit shall be obtained at least once
a year that lists the dates or weeks when the special event signs
will be displayed. Such signs shall not be displayed on one lot a
grand total of more than 60 days per calendar year, except a maximum
total of 90 days shall apply where the special event benefits a charitable
or public service organization.
(b)
A maximum of two special event signs are permitted
on-site, except four special events signs shall be allowed where the
special event benefits a charitable or public service organization.
(c)
No special event sign may advertise an off-site
event, except an event that benefits a charitable or public service
organization or that is within a resort complex or commercial resort.
(d)
The signs shall comply with § 090-100D,
E and F.
(f)
A maximum of four special events that run for no
longer than seven consecutive calendar days per parcel per year are
permitted except where the special event benefits a charitable or
public service organization.
(g)
Special event signs may be displayed for no more
than 14 days prior to the event and no more than two days following
the event.
[7]
Editor's Note: See § 090-080A.
(13)
Subdivision identification sign. Unless otherwise noted herein,
subdivision identification signs are permitted as allowed in Schedule
I of this article,[8] provided that:
(a)
The subdivision contains a minimum of six lots.
(b)
The subdivision has received preliminary plan approval
from the Board of Supervisors.
(c)
The subdivision identification signs are located
on-premises.
(d)
The subdivision identification sign must be landscaped
in accordance with § 090-120C.
(e)
There is a maximum of two one-sided subdivision
identification signs or one two-sided subdivision identification sign
at each entrance to the subdivision.
(f)
The maximum aggregate square footage of subdivision
identification signage allowed for each subdivision shall be 32 square
feet. Such sign may be attached to a decorative masonry wall with
a maximum height of six feet and a maximum length of 12 feet. Such
wall shall be treated as a sign for the purposes of setbacks.
(g)
The maximum height for a subdivision identification
sign shall be six feet.
[8]
Editor's Note: See § 090-080A.
[1]
Editor's Note: See § 090-080A.
Sign illumination applies to all signs and shall be subject
to the following regulations:
B.
Types of sign illumination.
[Amended 3-23-2017 by Ord. No. 212]
(1)
Indirect illumination. Indirect illumination of signs is permitted
in all districts.
(2)
(3)
Floodlight illumination. Floodlight illumination is permitted
only in C1, C2 and I districts.
C.
Regulations on sign illumination, electronically changeable
message signs, and movement of signs.
(1)
Lighting shall be aimed and shielded so that no light directly
shines on residential properties.
(2)
Lighting shall be aimed and shielded so that no light shines
in the eyes of motorists or pedestrians.
(3)
The lighting shall not be located more than 15 feet from the
sign.
(4)
Shielding shall be provided to prevent glare. All sign illumination
must comply with regulations of this article regarding glare. See
§ 100-080.
(5)
On-premises signs may be illuminated whenever a business is
open plus 1/2 hour prior to opening and 1/2 hour after closing; provided,
however, there shall be no restriction on illumination necessary for
the security and/or safety of the facility in question and its premises.
(6)
Signs shall not include electronically or digitally moving or
flashing or animated or flickering images or letters. Electronically
changing messages shall not change more often than once every 15 seconds,
except that signs with an electronically changing image of more than
30 square feet shall not change more often than once every 30 seconds.
An off-premises sign shall not be an electronically changeable message
sign.
(7)
An electronically changeable message sign shall not have an
illumination level between sunset and sunrise of more than 250 nits,
except the maximum level shall be 150 nits if such sign is a preexisting
nonconforming sign located in any zoning district other than the C1,
C2 and/or I District. The maximum luminance between sunrise and sunset
shall be 5,000 nits. Such sign shall have a light-sensing device that
will automatically adjust the brightness of the display, as the natural
light conditions change, to comply with this lighting level. Prior
to receiving a final permit for the sign, the applicant shall provide
written evidence from a qualified independent professional that these
maximum lighting levels are being met. The qualifications of such
professional shall be submitted in writing.
[Amended 7-28-2022 by Ord. No. 236]
(8)
No two electronically changeable message signs shall be spaced
less than 500 feet apart along any public road within the Township.
The spacing requirement applies to signs located on both sides of
the road.
[Added 9-13-2018 by Ord.
No. 222; amended 7-28-2022 by Ord. No. 236]
(9)
Maximum sign area for an electronically changing message sign
is 40 square feet per face.
[Added 9-13-2018 by Ord.
No. 222]
(10)
No more than one electronically changeable message sign shall be
permitted per lot, subject to the restrictions and requirements of
this chapter.
[Added 7-28-2022 by Ord.
No. 236]
(11)
No electronically changeable message sign shall be located within
500 feet of any lot containing a residential use and/or any lot located
within a residential zoning district.
[Added 7-28-2022 by Ord.
No. 236]
A.
Registration of nonconforming signs; illegal signs.
(1)
If the applicant presents sufficient information to the Zoning
Officer to determine that a nonconforming sign is lawful, or if Township
records show that such sign is lawful, then upon a written request,
the Zoning Officer may issue a certificate of nonconformity to the
applicant regarding an existing sign.
(2)
The Zoning Officer shall have the authority to document some
or all existing signs and to investigate whether or not any sign is
legal. If the Zoning Officer determines that a sign is not legally
allowed and is not lawfully nonconforming, then the Zoning Officer
shall have the authority to issue an enforcement notice and to follow
the allowed process to have the sign removed or brought into conformity
with this article, as provided in § 090-040 above.
B.
The right to continue to display a nonconforming sign shall
become void if a lawful nonconforming sign has been discontinued for
one year or more. In such case, the sign shall be presumed to be abandoned,
and any subsequent use of such sign shall be in conformity with the
regulations of this article applicable to the district in which it
is located.
C.
Removal of nonconforming signs. A nonconforming sign, together
with its panel cabinet, supports, braces, anchors, and electrical
equipment, shall be removed or brought into compliance at the expense
of the owner within 60 days of notice from the Township to the owner
in any of the following situations:
D.
Alteration of nonconforming signs. Any sign lawfully existing
or under construction on this article and which does not conform to
one or more provisions of this article may be continued in operation
and maintained indefinitely as a legal nonconforming sign subject
to compliance with the provisions of this § 090-150 and
the following requirements:
(1)
Maintenance. The sign shall be adequately maintained and continue
to advertise an active use.
(2)
Area. The total area or height of a nonconforming sign shall
not be increased except if the increase would conform with this article.
A nonconforming sign shall not be moved or relocated, unless the new
location would make the sign less nonconforming.
E.
Replacement. Nonconforming signage may be replaced in its entirety,
provided that there is no additional nonconformity or increase in
the degree of nonconformity of the replacement signage.
F.
Temporary removal. Nonconforming signage may also be temporarily
removed from the lot or structure to which it is affixed for a period
of up to 180 consecutive days to make repairs to or modernize the
signage or structure. A sign removed for a longer period of time shall
no longer be considered to be nonconforming.
G.
Moving. A nonconforming sign shall not be moved to another position
on a structure or lot unless the new location is less nonconforming
or unless an immaterial change in location occurs following modernization
of the sign.
H.
Nonconforming signs not kept in proper repair. All nonconforming
signs and/or sign structures that are not kept in proper repair (such
as having missing or broken components) shall be identified by the
Zoning Officer. The Zoning Officer shall notify the property owner
of the sign's condition. The owner shall repair or remove the sign
within 60 days of receipt of notification from the Township, unless
the Zoning Officer specifies a shorter time period in the notice because
of hazards or a longer time period for reasons of necessity. If an
appeal is not submitted, and the sign is not repaired or removed in
such time period after notification from the Township, the Township
may order the removal of the sign at the expense of the owner.
I.
Voluntary removal or replacement of nonconforming signs. A lawful
existing nonconforming sign may be replaced with a new sign, provided
the new sign is not more nonconforming in any manner than the previous
sign.
(1)
The application fee for a zoning sign permit application that
would replace a nonconforming sign with a conforming sign shall be
waived.