The intent of this article is to encourage the use of various
types of signs as a means of identification in Millvale Borough while
maintaining and enhancing the aesthetic and physical environment,
community character and public safety. The purpose of this article
is: to require zoning approval for signs in all zoning districts subject
to the standards and requirements of this article; to prohibit signs
not expressly permitted by this article.
The regulations contained in this article shall apply to all
signs in all zoning districts. No sign may be erected, placed, established,
painted, created, altered or maintained except in conformance with
the standards, procedures, regulations and requirements contained
herein.
A.
Method of sign authorization and approval. For the purposes of this
chapter, signs shall be authorized for approval pursuant to the following:
(1)
Authorized signs are those for which a zoning approval has been issued
by the Zoning Officer following a review of an application if the
application indicates compliance with this chapter.
(2)
Exempt uses are signs that are authorized but that are exempt from
regulation under this chapter and do not require zoning approval.
(3)
Prohibited signs are those not authorized by this chapter nor exempt
from regulation.
B.
Accessory uses. Signs shall be considered accessory uses (other than
outdoor advertising signs) on the lot or site they are located and
subordinate to the principal use of the lot.
C.
Principal uses. Outdoor advertising signs (billboards) are considered
the principal use of a lot or site on which they are located and shall
comply with all the requirements of this chapter.
D.
Alteration of sign face. The physical alteration of a sign face or
supporting structure shall be considered the same as construction
of a new sign which shall require zoning approval and conformity to
all the requirements of this article.
E.
Signs on public property. Any sign installed or placed on public
property or within a public right-of-way, except in conformance with
the requirements of this article, shall be forfeited and is subject
to confiscation in addition to other remedies the Zoning Officer shall
have pursuant to this chapter.
F.
Enforcement and remedies. Enforcement and remedies of this article
shall be pursuant to the provisions of this chapter and any other
enforcement or remedies pursuant to state and federal law.
A.
The following signs shall be exempt from these regulations:
(1)
Holiday decorations displayed for recognized state and federal holidays.
(2)
Official notices authorized by a court, public body or public safety
official.
(3)
Memorial/historical plaques.
(4)
Memorial signs and tablets when cut into any masonry surface or when
constructed of bronze or other sculptured materials.
(5)
Flags of a government organization.
(6)
Signs authorized by the Borough such as street signs, safety control
signs and traffic control signs.
(7)
Public notice/public warning signs.
(8)
Auction or garage sale signs.
(9)
Address numbering.
(10)
Construction sign (temporary)
(11)
Signs of any type placed on public or parks property by authorization
of Millvale Borough.
(12)
Real estate signs which advertise the sale, rental or lease
of the premises upon which said sign is located.
(13)
Bulletin boards for public, charitable or religious institutions
on their own property.
(14)
A-frame (sandwich board) signs shall be permitted on sidewalks,
provided that only one such sign per premises shall be permitted.
Such sign shall not obstruct pedestrian travel and shall be removed
each evening upon closing.
(15)
Art murals painted directly upon, or affixed directly to an
exterior wall of a structure.
(16)
Signs announcing candidacy for public office. Such signs shall
not be installed more than 60 days before the election to which they
are relevant, and shall be removed within five calendar days immediately
following the relevant election day.
B.
Prohibited signs. The following signs shall not be permitted in any
zoning district:
(1)
Flashing, blinking, animated or moving signs.
(2)
Pennants, flags or streamers.
(3)
Signs advertising a property for sale or rent that lists an improper
use of the property.
(4)
Signs that resemble traffic signals or any sort of traffic device.
(5)
Signs that contain obscene or pornographic material. This shall include
the non-repair of illegal acts of vandalism.
(6)
Off-premises sign (other than outdoor advertising).
(7)
Projection sign.
(8)
Signs on trees, utility poles, and traffic devices.
(9)
Signs that are hazardous to public safety.
(10)
Any roof-mounted sign in any zoning district. The term "sign"
here shall not apply to a religious symbol, unaccompanied by lettering,
when applied to the cornice, tower or spire of a place of worship.
(11)
Light-emitting diode (LED) lighting or other sign faces which
change or scroll different advertisements shall not be permitted.
The following shall control the computation of sign area and
height:
A.
Computation of area of single-faced signs. The area of a sign face
shall be computed by means of the smallest square or rectangle that
will encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed,
but not including any supporting framework, bracing, or decorative
fence or wall when such fence or wall otherwise meets Zoning Ordinance
regulations and is clearly incidental to the display itself.
B.
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and not more than 42 inches apart, the
sign area shall be computed by the measurement of one of the faces.
C.
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at normal grade to the top
of the highest attached component of the sign. Normal grade shall
be construed to be the lower of: (1) existing grade prior to construction;
or (2) the newly established grade after construction, exclusive of
any filling, beaming, mounding or excavating solely for the purpose
of locating the sign. In cases in which the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal
to the elevation of the nearest point of the crown of a public street
or the grade of the land at the principal entrance to the principal
structure on the zone lot, whichever is lower.
In Residential Zoning Districts, only the following exterior
signs shall be permitted. No ground or pylon signs shall be permitted,
except as provided for in Subsections B and F below.
A.
A nameplate not exceeding two square feet in area containing only
the name of the resident, the title of the person practicing a profession,
name of building and name of agents, or any combination of the foregoing
and placed directly against a building wall.
B.
A bulletin sign (instructional or directional) not exceeding 12 square
feet in area, including a church, hospital or similar institution
for the purpose of displaying the name of the institution and its
activities or services, which shall be limited to one such sign. Such
sign shall be freestanding and located at least 15 feet back from
the sidewalk which the sign faces or back from the street right-of-way
if no sidewalk is present.
C.
A temporary sign not exceeding six square feet in area, relating
only to the rental, lease or sale of the property on which it is displayed.
No more than two such signs may be placed upon any property in single
and separate ownership and not more than one such sign facing anyone
one street. Such sign shall be removed from the lot or premises within
15 days after the last sale or completion of business, and in all
cases shall not remain on the property longer than one year from the
date of original permit issuance. Temporary signs shall be unlighted
and shall not be illuminated.
D.
Permitted illumination of a sign, nameplate or bulletin board shall
be of a non-shining, nonmoving, indirect type.
E.
Signs shall be constructed in accordance with materials and construction
provisions of this chapter and shall be kept in good condition and
maintained so as not to create hazardous or threatening conditions
to the health or safety of persons in the vicinity of said sign or
cause a public nuisance. The Borough may take all lawful and proper
actions necessary to revoke all permits and licenses issued for such
sign and may order said sign removed or brought into compliance with
the Borough ordinances and regulations within 30 days of the date
of issuance of such notice and order, in writing, by the Zoning Officer.
F.
Directional signs as specified elsewhere in this chapter.
In Commercial and Industrial Zoning Districts, only the following
signs shall be permitted:
A.
Any sign permitted in any residential district and subject to any stated condition for said residential district sign as permitted in § 312-26.
B.
Wall sign. A wall sign attached to or on a front or a side wall of
a building and with face projecting not more than 12 inches therefrom,
so erected that no portion of the sign is less than nine feet above
the entrance grade. The sign shall not extend beyond the side edges
of any wall in either direction, nor shall the sign extend above the
roof line of buildings having flat roofs, the deck line of buildings
having mansard roofs or the gutter line of buildings having gable,
hipped or gambrel roofs. If the sign does not project from and is
flush with the wall of the building, it shall not be required to conform
to said nine-foot height above entrance grade. The sign shall identify
the owner of or enterprise conducting the business, the business engaged
in or upon the premises or products or services sold or any combination
thereof. It may be an illuminated sign, provided that it is nonflashing
and nonmoving. No wall sign shall cover wholly or partially any wall
opening. The size of business or identification wall signs permitted
immediately above shall be limited as follows:
(1)
A permitted wall sign (or signs) shall not exceed the greater of
two feet multiplied by the width in feet of the principal building
frontage or a maximum of 50 square feet per principal use. Where a
building has both front and side walls, the owner, occupant or agent
may elect to place said sign or signs on one such wall, provided that
in all cases the sign does not exceed the maximum area restrictions
set forth herein above and, provided that all other provisions of
this article are observed.
C.
When property is occupied by a business without a building, one permanent
identification sign not exceeding 40 square feet. Such sign shall
be located at least 15 feet back from the street right-of-way.
D.
Wall plaques. Wall plaques shall be all signs extending no more than
1 1/2 inches from the walls to which they are attached. The edges
of wall plaques shall be rounded, tapered or treated in any other
manner satisfactory to the Zoning Officer that will render them harmless
to pedestrians.
E.
Projecting signs.
(1)
Projecting signs shall have their bottom edge at sufficient height
above the ground or other supporting surface as to assure no interference
with pedestrian or vehicular traffic under or around the sign, and
in any event, at a height not fewer than 10 feet.
(2)
When extending over a vehicular cartway, the minimum height above
ground or cartway shall be 15 feet. In the case of illuminated projecting
signs with integral illumination and/or electrical fixtures, the minimum
height shall be 10 feet above ground level when not over a vehicular
cartway.
(3)
Projecting signs shall not protrude more than three feet beyond the
building including sign brackets.
(4)
Projecting signs shall be at least six inches from the edge of the
sidewalk at the cartway.
(5)
Projecting signs shall be limited to a maximum area of 15 square
feet.
(6)
A certificate of liability insurance, naming the Borough as an additional
insured, must be submitted with the sign permit and must be renewed
and submitted annually to the Borough Office.
F.
Temporary signs.
(1)
Temporary signs shall comply with all other height and location requirements
of the category of permanent signs which they emulate. Temporary signs
must be located on the same lot as the use which they advertise.
(2)
All temporary signs shall be attached to a building or the ground
in a manner satisfactory to the Zoning Officer, in protecting the
public health, safety and welfare.
(3)
Temporary signs shall be a maximum of 32 square feet in area.
G.
Window signs.
(1)
Window signs shall be permitted to be installed on the inside of
the window of nonresidential structures, but cannot exceed two square
feet per individual sign.
(2)
The total square feet of all window signs shall not cover more than
25% of the glazing of any window.
(3)
The copy of a window sign shall be designed to communicate information
about an activity, business, community event or a sale or service
offered.
(4)
Window signs shall not be permanently affixed to a window or windowpanes.
H.
Advertising on awnings and canopies is permitted, but shall be limited
to the name of the owner and the business, industry, or pursuit conducted
therein, painted or otherwise and permanently placed on the front
and side portions thereof. No illuminated sign shall be permitted
in awnings or canopies.
I.
Marquee signs. Marquee signs may be attached only to the front and
sides of marquees and shall not project beyond the edges or the bottom
of the marquee, nor extend more than 10 inches horizontally from the
surface of the marquee.
J.
Directional signs as specified elsewhere in this chapter.
A.
All applications for permits for construction, installation, maintenance,
repair and/or modification of signs of any type or nature shall be
submitted for review and approval or denial by the Borough Zoning
Officer, prior to commencement of any activity or work by the applicant
or the applicant's representative or delegate concerning installation,
construction or modification of such sign. The provisions of this
article and all of its subsections shall apply to, but are not limited
to all replacement signs, new signs, changes or alterations to existing
signs or signs which must be relocated for any reason.
B.
A site plan or sketch, drawn to scale, shall be submitted to the
Zoning Officer and shall depict the lot and building upon which the
proposed sign will be located, and shall show all other buildings
and structures located on said lot and their relationship to said
sign. Information submitted to the Zoning Officer shall also include
an application for sign permit, a written description of the material
and manner of construction and mounting of the sign, a description
of the information and visual material to be included on all surfaces
of the sign, a description of the illumination, if any, of the sign
and one or more photographs of the proposed sign location from each
approach from which the sign will be visible.
C.
Permit required. A permit shall be obtained from the Borough Zoning
Officer, subject to filing the permit application and supporting information
described above in this article and subject to payment of the required
established fee, prior to the construction alteration, modification
or moving of any exterior sign, except that no such permit or fee
shall be required for any sign in the class including real estate
for sale or lease signs, name plates or temporary signs, any of which
has an area of 1 1/2 square feet, or less. No exterior sign established
before the effective date of this chapter shall be (except when ordered
by an authorized public officer as a safety measure) altered in any
respect, or moved, unless it be made to conform with the provisions
of this chapter.
D.
Signs not to constitute traffic hazard. No sign or other advertising
structure as regulated by this chapter shall be erected in such a
manner as to obstruct free and clear vision; or at any location where,
by reason of the position, shape or color, it may interfere with,
obstruct the view of or be confused with any authorized traffic sign,
signal or device; or which makes use of the words "Stop," "Look,"
"Drive-in, "Danger," or any other word, phrase, symbol or character
in such a manner as to interfere with, mislead or confuse traffic.
E.
Materials and construction. The construction and erection of signs
shall comply with the Uniform Construction Code (UCC) and the following
provisions:
(1)
A temporary sign shall be made of rigid material or other light materials
securely attached to the building or ground, and the erection should
be in accordance with the UCC as necessary, depending on the type
of temporary sign.
(2)
The Zoning Officer may require calculations by an architect or engineer
certifying the stability of a sign, with reference to dead load and
wind stress capabilities when a sign is over 25 square feet in area
or in the case of a ground sign whose height is greater than 10 feet
or a sign which weighs in excess of 100 pounds.
(3)
Any sign damaged by inclement weather shall have proven itself unsafe
and may not be restored in kind without engineering data as required
above.
F.
Ground signs.
(1)
Ground signs are permitted in the Industrial, Commercial, Transitional,
and Riverfront (R-A, R-B, and R-C) Zoning Districts.
(2)
Ground signs are permitted in the R-1 and R-2 Zoning Districts for
schools, churches, governmental institutional uses only.
(3)
The building setback line shall be the location standard for ground
signs. In no case shall a setback of fewer than 15 feet from the street
right-of-way line be permitted. Ground signs shall also be located
a minimum of five feet from any building and 10 feet from any side
property line.
(4)
For signs over 10 square feet in area, an additional one foot of
separation from adjacent side property lines shall be required for
every 10 square feet of sign area.
(5)
The square foot area of ground signs shall be limited to one square
foot of sign area for every one linear foot of property frontage on
a public right-of-way; but no ground sign shall be permitted to exceed
an area of 100 square feet.
(6)
A maximum of two ground signs are permitted on lots that have two
street frontages, provided that the square feet of ground sign area
does not exceed the 100 square feet maximum provided herein.
G.
Pylon signs.
(1)
Pylon signs are permitted in the Industrial Zoning Districts as a
permitted use.
(2)
Pylon signs are permitted in the Commercial Zoning District as a
conditional use.
(3)
Pylon signs are not permitted in Residential and Riverfront (R-A,
R-B, R-C) Zoning Districts.
(4)
Pylon signs shall not be higher than 24 feet from the ground surface.
(5)
The building setback line shall be the location standard for pylon
signs. In no case shall a setback of fewer than 15 feet from the street
right-of-way line be permitted. Pylon signs shall also be located
a minimum of five feet from any building and 10 feet from any side
property line.
(6)
For signs over 10 square feet in area, an additional one foot of
separation from adjacent side property lines shall be required for
every 10 square feet of sign area.
(7)
The square foot area of pole signs shall be limited to one square
foot of sign area for every one linear foot of property frontage on
a public right-of-way; but no pole sign shall be permitted to exceed
an area of 100 square feet.
(8)
Only one pylon sign shall be permitted on a single location for a
single business purpose.
H.
Illumination and animation.
(1)
All illuminated signs shall be inspected by the authorized electrical
inspection agency of the Borough of Millvale during construction to
verify compliance with the UCC.
(2)
Illuminated signs shall be nonflashing and nonglaring and shall be
illuminated in a manner to prevent glare and reflection to a public
street or adjacent properties.
(3)
All signs shall be nonanimated with no exterior moving parts.
I.
Maintenance.
(1)
Any sign regulated by this chapter shall be maintained in the proper
structural and aesthetic condition by the owner or tenant.
(2)
If a sign no longer advertises a bona fide business or other activity
conducted on the premises, it shall be taken down and removed by the
owner, tenant or by the entity having the beneficial use of the sign
and the building within 30 days of the termination of such business
or other activity.
Outdoor advertising signs may be authorized by the Council as
a conditional use only in the Industrial Zoning District upon a finding
that compliance with the requirements of this chapter, as well as
the following specific criteria, have been met by the applicant:
A.
The submission by the applicant of a conditional use application,
which shall contain the information, maps, plans and narrative and
graphic materials as set forth in this chapter.
B.
Applicant must demonstrate ownership, lease or site control of property.
C.
The portion of any lot upon which the outdoor advertising is to be
located shall contain a minimum of 5,000 square feet in area.
D.
All outdoor advertising signs shall contain only one face for the
display of lettered, written, printed, pictorial, or sculpted matter
on only one side of its structure, and such face shall be oriented
to be viewed from only one direction of travel from the nearest adjacent
roadway (cross-roadway viewing shall not be permitted).
E.
The display area upon the face of an outdoor advertising sign shall
be a maximum of 300 square feet (12 feet by 25 feet), and all portions
of any display shall fit within such area with no extensions beyond
the edge of the outdoor advertising sign's framework.
F.
All utility lines serving the outdoor advertising sign, or those
extended to provide such service, must be installed completely underground.
Such requirement may be waived if the outdoor advertising sign is
powered by nontraditional alternative energy sources (for example,
solar power).
G.
All outdoor advertising signs shall be set back from the below described
items as:
H.
The maximum height of outdoor advertising signs shall not exceed
20 feet, as measured from the grade of the roadway from which the
advertising message is principally visible, and the bottom edge of
the outdoor advertising sign shall be no more than eight feet above
the elevation of the adjacent roadway, which height shall be sufficient
to prevent unauthorized access upon the outdoor advertising sign.
I.
A buffer yard shall be required between outdoor advertising signs
and any adjacent lot(s). For the purpose of establishing the required
buffer yard, outdoor advertising signs shall be considered a commercial
use and be subject to commercial buffer yard requirements.
J.
Outdoor advertising signs are considered as the principal use of
a lot or site and as such the land area utilized for an outdoor advertising
sign shall not be otherwise required to support another use upon such
lot, including, but not limited to, buffer yard, parking area or setback
necessary to any preexisting use upon such lot.
K.
All displays on the face of outdoor advertising signs shall be stationary,
and no animated, sequential, flashing, moving, or oscillating signs
or displays shall be permitted.
L.
Illumination of the display shall be designed so that it shall be
focused on the face of the display itself so as to prevent glare upon
the surrounding area. All sources of illumination shall be external
and equipped with shields to prevent spillage of light off the display.
M.
Except as otherwise may be specified herein, all development of outdoor
advertising signs shall comply with the provisions of this article.
N.
All outdoor advertising signs (including any and all supporting structures
thereof) shall be dismantled and removed from the premises upon which
they are located within 180 days of their cessation of use.
O.
All outdoor advertising signs and associated facilities on the lot/lots
shall be constructed to all applicable structural standards for such
devises, and all applications for the conditional use approval shall
verify compliance with such standards as documented and sealed by
a registered engineer.
P.
All outdoor advertising signs shall be maintained by their owner
in a state of repair so that they are as safe and as functional as
when originally installed.
Q.
No outdoor advertising sign shall be constructed or erected until
an applicant thereof has made an application for same (which shall
include a copy of a written lease for use of the land if the applicant
is not the owner thereof) and paid the applicable fee thereof (as
set by separate ordinance or resolution of the Council) and received
a permit thereof from the Borough of Millvale.
R.
Outdoor advertising shall be required to obtain any necessary permit
from and to conform, in all respects, to any regulation thereof promulgated
by an agency of the Commonwealth of Pennsylvania, including, but not
limited to its Department of Transportation.
S.
Light-emitting diode (LED) lighting or other sign faces which change
or scroll different advertisements shall not be permitted.
