The purpose of this article is to provide for the regulation
of signs in Elverson Borough, as a proper exercise of the municipal
police power, to protect the public health, safety, welfare and aesthetics
in accordance with the following objectives:
A. To control the size, location, alteration, maintenance, and illumination
of signs in the Borough in order to reduce hazards to pedestrian and
vehicular traffic.
B. To encourage signs which are well-designed, pleasing in appearance,
and compatible with the Borough's urban context while providing latitude
for a variety of sign types in order to enhance the economic value
as well as the visual character of properties within the Borough.
C. To establish standards designed to encourage signs which are compatible
with the Borough's small-town character, appropriate to the type and
intensity of the activity to which they pertain, expressive of the
identity of individual proprietors, and legible in the circumstances
in which they are seen; and to prohibit the erection of signs that
do not meet these criteria.
D. To prohibit the construction of and require the removal of signs
which constitute a hazard, blighting influence, or are inconsistent
with the Borough's character.
E. Signs in Elverson Borough shall generally be smaller in size and
match the character of the urban context and historical nature as
identified by the Borough Comprehensive Plan, including the goals
and objectives therein. For example, signs should encourage visitors
to patronize Elverson businesses by enhancing and maintaining an inviting,
pedestrian-friendly streetscape in addition to maintaining the integrity
of and minimizing impacts on historic and scenic resources. Inappropriate
signage is considered a scenic intrusion in the Comprehensive Plan.
The following regulations shall be observed in all districts:
A. No sign shall be erected in any district without a permit, except where exempt as stated in §
290-1303C.
B. No sign except traffic signs and similar regulatory notices of a
duly constituted governmental body shall be erected within the legal
right-of-way of any public street, except as specifically authorized
by other ordinances and regulations of the Borough.
C. No sign which emits smoke, visible vapors, particles, sound or odor
shall be permitted.
D. No moving, flashing or rotating signs which may distract motorists
shall be permitted.
E. No artificial light or reflecting device shall be used as a part
of a sign where such light or device interferes with, competes for
attention with, or may be mistaken for a traffic signal.
F. No sign shall be located in a position that will impede or cause
danger to vehicular or pedestrian traffic or interfere with traffic
through causing glare, confusion or competing for attention with traffic
control devices or blocking of sight distances for street, intersections,
sidewalks or driveways.
G. No sign shall infringe upon the required clear sight distance in §
290-1103.
H. No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted in the zoning district in which the property is located except as permitted for off-site signs in accordance with §
290-1304J.
I. No sign shall be erected advertising a business, articles or merchandise for sale other than on the same premises, except for off-site signs in accordance with §
290-1304J and billboards where permitted in accordance with §
290-1304K.
J. No sign shall be attached to a utility pole or other public infrastructure
or hung across a public street except as placed or permitted by the
Borough.
K. All distances provided for in this article shall be measured along
straight lines from the nearest edge of a sign or sign structure.
L. No sign shall be erected or maintained so as to prevent free ingress
or egress from any door, window or fire escape.
M. No signs shall be attached to a standpipe, fire escape, utility pole,
other public infrastructure, or hung across a public street, except
as placed or permitted by the Borough.
N. Signs shall not be mounted on roofs or extend above the roofline
of the building to which it is attached.
O. The outdoor storage or parking of a vehicle on a property shall not
be used as a sign for a business, home occupation, or any other use.
No vehicle which contains advertising on its exterior shall park in
a location visible from a public right-of-way continuously for more
than two weeks.
P. Sign construction, maintenance, removal, abandonment.
(1)
Construction, maintenance, removal.
(a)
Every sign shall be constructed of a durable material and kept
in good condition, repair, and safe from collapse.
(b)
No sign shall be maintained within the Borough, except for legal
nonconforming signs as permitted by this chapter, that is in violation
of this chapter or the Borough Building Code, determined to be a nuisance,
in such a state of disrepair as to have the appearance of neglect,
or is illegible.
(c)
Whenever a sign is determined to be in violation of this chapter or the Borough Building Code, becomes structurally unsafe, or endangers the safety of a building or premises or the general public, certified written notice shall be given to the owner of the sign or the owner of the premises on which such sign is located that such sign shall be made safe or removed by the business or property owner within five days of receipt of such notice. A sign shall be considered unsafe upon the lapse of the insurance required by §
290-1303A.
(d)
If after five days of receipt of such notice as specified in §
290-1302P(1)(c) above such sign is not made safe or removed by the business owner or property owner, the issue with the sign shall be corrected or the sign shall be removed by the Borough after 10 working days of receipt of such notice at the expense of the owner of the property on which it is located.
(2)
Abandonment. No person shall maintain or permit to be maintained
on any premises owned or controlled by him a sign which has been abandoned.
An "abandoned sign," for the purposes of this article, is a sign erected
on and/or related to the use of a property which becomes vacant and
unoccupied for a period of six months or more or any sign which was
erected for a prior occupant or business or any sign which relates
to a time, event or purpose which is past. Any such abandoned sign
shall be removed by the landowner or person controlling the property
or by the Borough upon notification, at the owner's expense, if the
sign becomes a threat to the public health, safety or welfare.
Q. Sign area. The gross sign area shall be the entire area within a
single continuous perimeter enclosing the extreme limits of such sign,
and in no case passing through or between adjacent elements of the
same. Such perimeter shall not include any structural elements lying
outside the limits of such sign and not forming an integral part of
the display. In the case of an open sign made up of individual letters,
figures or designs, the space between such letters, figures or designs
shall be included; in computing the area of a double-face sign, only
one side shall be considered, provided that both faces are identical.
In V-shaped structures the interior angle of which exceeds 45°,
both sides shall be considered in computing the sign area. See Figure
13-1.
Figure 13-1
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R. Illumination.
(1)
The following regulations shall apply to signs when illumination
is proposed:
(a)
Signs shall be illuminated with steady, stationary, shielded light sources directed solely onto the signs without causing glare. There shall be no illumination of a flashing or intermittent type, except as permitted for electronic changing message signs as permitted by §
290-1302R(2).
(b)
Lighting of signs shall not shine directly upon adjacent properties
nor within the normal line of vision of pedestrians or motorists using
streets or sidewalks within public rights-of-way.
(c)
Lighting shall be shielded so that the source of light shall
not be visible from any point off the lot on which the sign is located,
except for digital signs as permitted by this section.
(d)
Internally illuminated signs shall be permitted through the use of either translucent materials or backlighting so long as the source of the lighting complies with all other requirements of this chapter. Illumination shall be permitted for individual or groups of letters on a sign face or individual internally illuminated letters or backlit letters, but backlighting of an entire sign face shall not be permitted. See examples in §
290-1306.
(e)
Strings of bulbs are not permitted, except as part of a holiday
celebration or temporary seasonal decorations.
(f)
No artificial light or reflecting device shall be used as a
part of a sign where such light or device interferes with, competes
for attention with, or may be mistaken for a traffic signal.
(g)
Neon window signs may be permitted in cases where they are custom
designed to be compatible with the building's historic and/or architectural
character and exterior color.
(h)
All signs shall comply with the applicable requirements of the
UCC.
(i)
In addition to the regulations of this section, illumination of signs shall comply with §
290-1108.
(2)
Digital and electronic changing message signs. Such signs may
be permitted for nonresidential uses and shall comply with all other
requirements of this chapter and the following regulations:
(a)
Displayed messages shall be visible for a minimum of six seconds.
(b)
A change in displayed message shall occur within one second.
(c)
No visual scrolling, movement, fading or dissolving is permitted
and messages shall not overlap.
(d)
The sign shall be equipped with automatic day/night dimming
to reduce the illumination intensity of the sign from one hour after
sunset to one hour prior to sunrise.
(e)
The sign shall be equipped with an automatic shutoff in case
of failure or error that would result in the sign projecting a full
intensity all-white image for an extended period of time.
(f)
The use of animation, sound and full-motion video is prohibited.
(g)
The size of electronic changing message signs shall be limited
to 1/3 of the size of the sign or 12 square feet, whichever is less.
S. Temporary sign regulations.
(1)
Permits shall not be issued for a period in excess of six months.
(2)
Any freestanding sign shall be located a minimum of five feet
from any lot line.
(3)
Signs shall be removed immediately upon expiration of the permit
or cessation of the activity to which they pertain, whichever is sooner.
(4)
The site or building on which the sign was erected shall be
restored to its original condition upon removal of the sign.
Signs shall be classified, defined, regulated and permitted
as follows:
A. Traffic signs: Signs regulating traffic, naming streets, or describing
conditions, which are officially erected by the Commonwealth of Pennsylvania
or the Borough of Elverson.
(1)
Permitted in all zoning districts.
(2)
Dimensional requirements. As deemed appropriate by the Commonwealth
of Pennsylvania or the Borough of Elverson.
B. Traffic direction signs: A sign which is designed and erected solely
for the purpose of traffic or pedestrian direction for visitors on
a property, including but not limited to exit and entrance signs,
circulation direction, safety or warning signs, and information or
public services signs, such as those advertising the availability
of restrooms, telephone, or similar public conveniences, but shall
not be used for advertisement.
(1)
Permitted in all zoning districts.
(2)
Dimensional requirements. Not to exceed two square feet.
(3)
Signs shall be on the same lot as the use to which the sign
relates.
(4)
Signs are limited to appropriate information such as that listed in §
290-1304B above, the definitions herein and in Article
II, and shall not contain any advertising.
C. Identification signs. Signs which display the name of a particular
noncommercial or nonindustrial building or use, such as a place of
worship, educational use or park.
(1)
Permitted in all zoning districts.
(2)
Dimensional requirements. Not to exceed 12 square feet.
(3)
No more than one such sign shall be permitted per street frontage
on a single lot or tract, as applicable.
D. Address signs. A sign limited to the provision of the official numerical
identification address of the property on which it is located.
(1)
One sign shall be permitted per official address for a property
in any zoning district. Where more than one address is located on
a property, each address may have one sign or all of the address signs
may be placed on one sign, totaling the combined sign area for all
of the applicable uses.
(2)
Dimensional requirements. Not to exceed two square feet.
E. Residential development sign. A sign which displays the name of a
residential development in any zoning district.
(1)
One freestanding ground sign for each street frontage or at
each access to a subdivision, development or complex shall be permitted
which may indicate the name and address, provided the sign shall not
exceed 15 square feet.
(2)
Multifamily uses may have, in addition to or in replacement of signs in §
290-1304E(1) above, one development identification sign mounted as a wall sign that shall not exceed nine square feet on a multifamily building for identification purposes, displaying the name and/or address of the building.
F. Trespassing signs. Any sign indicating the private nature of property,
a street or driveway, or a sign restricting or prohibiting some particular
activity.
(1)
Permitted in all zoning districts.
(2)
Dimensional requirements. Not to exceed two square feet.
G. Home occupation signs. Signs used to indicate a home occupation pursuant to §
290-1213.
(1)
Permitted in all zoning districts.
(2)
Dimensional requirements. Not to exceed four square feet.
(3)
No more than one such sign shall be permitted per home occupation
on the property where the use is located only.
H. Temporary signs. A sign that is not permanently affixed to the ground
or a structure and/or which is intended to be displayed for a limited
time. Temporary signs typically are mounted in a standard metal or
wire frame with legs that may be pressed into the ground. Such signs
may include specific types of temporary signs or temporary signs to
be placed at the property owners' discretion for personal expression
or interest.
(1)
General regulations.
(a)
Permitted in all zoning districts.
(b)
Temporary signs shall be placed a minimum of five feet from
any lot line or street cartway (edge of pavement).
(c)
Signs shall be removed immediately upon completion of the associated
active work or event.
(d)
Temporary signs shall be firmly anchored into or secured to
the ground either by posts to be pressed into the ground or other
similar method but shall not be permanently affixed.
(2)
Agricultural signs. Signs advertising the sale of farm products
grown on the premises.
(a)
Dimensional requirements. Not to exceed 12 square feet.
(b)
No more than one such sign shall be permitted per street frontage
on a single lot or tract, as applicable.
(3)
Professional signs. A temporary sign of a contractor, architect
or artisan displayed on a temporary basis on the premises at which
the services are being performed.
(a)
Dimensional requirements. Not to exceed six square feet.
(b)
No more than one such sign shall be permitted on a single lot
or tract, as applicable.
(4)
Temporary event signs. A temporary sign noting a special event,
such as a fair, event, yard sale, or a seasonal activity, such as
the sale of Christmas trees.
(a)
Dimensional requirements. Not to exceed 12 square feet.
(b)
No more than one such sign shall be permitted per street frontage
on the property where such event or activity shall take place.
(c)
Signs may be placed not more than seven days prior to the sale
or event and shall be removed before the end of the day of the sale
or event.
(5)
Real estate signs. Temporary signs, which advertise the sale,
rental or lease of the property on which they are placed.
(a)
Dimensional requirements. Not to exceed six square feet.
(b)
No more than one such sign shall be permitted per street frontage
on a single lot.
(6)
Political signs. Temporary signs pertaining to political views,
an individual seeking election or appointment to a public office,
or a forthcoming public election or referendum.
(a)
Signs shall be approved by the property owner on which the signs
are placed.
(b)
Such signs may be placed 60 days prior to and shall be removed
within five days after the event or election for which the sign is
intended has occurred.
(c)
Dimensional requirements. Not to exceed six square feet.
(d)
No more than two such signs shall be permitted per street frontage
on a single lot.
(7)
Portable signs. A temporary sign that is not fixed, attached
or anchored in a permanent position, that is capable of being readily
moved or relocated, including but not limited to sandwich boards,
placards or other similar signs mounted on a frame or chassis on wheels
or supported by legs but not pressed or extended into the ground or
other surface.
(a)
Portable signs shall be placed on the same lot as the use for
which the sign is associated.
(b)
The sign area of a portable sign shall not exceed six square
feet and shall not exceed three feet in height.
(c)
Not more than two such signs shall be placed on a premises.
(d)
Signs shall be located a minimum of five feet from any lot line
or street cartway (edge of pavement).
(e)
Portable signs shall comply with all other applicable regulations
of this chapter and shall not be placed to impede pedestrian traffic
or constitute a hazard to or impede pedestrians or automobile circulation.
(f)
Such signs shall be permitted to be placed for viewing during
the regular business hours of the associated use and shall be removed
from public view and placed indoors or in a secure location when the
associated business is closed.
(8)
Temporary new construction signs. A temporary sign indicating
that the premises is in the process of being subdivided and/or developed
for the construction of dwellings or other buildings and/or uses that
may include the name of the subdivision, development or developer.
(a)
One temporary ground sign shall be permitted for each street
the subdivision, development or property fronts upon.
(b)
Dimensional requirements. Sign area shall not exceed 15 square
feet.
(c)
Such signs shall be removed within five days after dedication
of streets to the Borough or upon substantial improvement of the project.
(9)
Temporary signs, all other temporary signs not specifically
defined.
(a)
Dimensional requirements. Sign area shall not exceed six square
feet.
(b)
In addition to specific temporary sign types listed under this §
290-1304H, temporary signs shall be permitted for each use and shall be approved by the owner of the property on which the signs are placed at the owner's discretion.
(c)
Not more than one undefined temporary sign shall be permitted
on a lot at any given time.
I. Nonresidential signs. Signs used to attract attention to a permitted
use on the same premises. Such signs normally include the identifying
name, type of business or entity, and trademark of the establishment.
(1)
Permitted for nonresidential uses within the zoning districts
unless otherwise noted herein.
(2)
Number of signs permitted. In order to limit sign clutter, two signs of two different types as permitted by §
290-1304I(3)(a) through
(d) are permitted on any one property. For example, one wall sign and one freestanding ground sign would be permitted; however, one freestanding ground sign and one freestanding pole sign would not be permitted.
(3)
Permitted sign types and regulations.
(a)
Wall signs. A sign mounted on the wall of a building shall not
exceed 25 square feet. Mounted signs shall be installed parallel to
the supporting wall and project not more than 12 inches from the face
of such wall. No more than one wall sign shall be permitted per use.
(b)
Projecting signs. A sign projected perpendicularly from the
face of a building to which it is attached shall extend no more than
42 inches, with a minimum height of 10 feet from ground level, and
have a maximum area of 25 square feet. No more than one projecting
sign shall be permitted per use.
(c)
Freestanding signs. A permanent, detached sign not attached
to any building, erected as signage for the associated use or uses
on the same parcel within the limits of the front yard of the property
to which they pertain. No more than one freestanding sign shall be
erected within the limits of the front yard of the property to which
it pertains only, regardless of how many individual uses are located
on the property. Freestanding signs shall have a maximum area of 25
square feet; provided, however, that freestanding signs advertising
multiple use of a single property shall permit an additional 12 square
feet of sign face per additional use.
[1] Ground sign. A freestanding sign, other than a
pole sign, placed directly on the ground, with no gaps or space between
the ground and the sign, and permanently attached thereto, without
supports or pylons, independent from any building or structure. Ground
signs shall not exceed four feet in height to the top of the sign
from the average ground level at the base of the sign.
[2] Pole sign. A freestanding sign, other than a ground
sign, including any sign supported by poles, uprights or braces, placed
upon, or in, or supported by the ground, independent from any building
or structure. Pole signs shall be supported and permanently placed
by embedding, anchoring or connecting the sign to the ground by one
or more poles, posts or other similar structure. Freestanding pole
signs shall not exceed 16 feet in height. Pole signs shall not be
permitted within the (TC) Town Center District.
(d)
Awning signs. A sign painted, stitched, or otherwise attached
to the cover of an architectural projection from a wall over a window
or entrance. No more than one awning sign shall be permitted per use.
Such sign shall be limited to establishment name, logo, and street
number. Such sign shall be painted on or attached flat against the
surface of the awning but not extend beyond the valance or be attached
to the underside. Letters shall not exceed 10 inches in height. A
minimum of eight feet above sidewalk level shall be permitted for
pedestrian clearance.
(e)
Window signs. A sign which is visible to persons in vehicles
or to pedestrians on adjoining property or public sidewalks and located
on the outside or inside of a window in a building or structure to
direct attention to a use conducted in or product sold in the structure.
For purposes of this definition, "window" means any translucent and/or
transparent surface in a building or structure.
[1] Permanent window signs. A permanent sign affixed
to, etched or painted upon the interior or exterior surface of a window
or otherwise displayed through or upon a window, including permanent
signs hung directly inside or mounted onto a window pane.
[2] Temporary window signs. A temporary sign that may
be placed on a window or door, visible to persons in vehicles or to
pedestrians, that may be temporarily affixed by suction cups, adhesives,
wires or hung from the ceiling, placed on a windowsill, or any other
temporary method of placement but not permanently painted, affixed
or otherwise placed.
[3] Sign area. A maximum of 25% of the total window
area may be covered by a combination of permanent window signs and
temporary window signs.
J. Off-site signs.
(1)
Off-site signs shall be permitted on properties that front upon
Main Street (Route 23) or Conestoga Road (Route 401) within the Borough
for the purposes of providing advertisement for businesses that do
not front upon Main Street (Route 23) or Conestoga Road (Route 401)
but are within the vicinity and accessed from side streets or access
roads perpendicular to Main Street (Route 23) or Conestoga Road (Route
401). Properties that front upon Main Street (Route 23) or Conestoga
Road (Route 401) upon which off-site signs may be permitted shall
not be permitted to utilize such off-site site signs to advertise
for the on-site use of the property; off-site signs shall be explicitly
permitted to advertise for uses on another property as permitted herein.
(2)
Where such signs are permitted, there shall be not more than
one off-site sign on an individual property which shall not exceed
12 square feet in area, except where there is more than one use being
advertised, an additional 10 square feet may be added to the sign
for each additional use; however, no off-site sign shall exceed a
maximum of 60 square feet.
(3)
The applicant(s) must present a lease, proof of ownership, or
other agreement with the property where the off-premises sign will
be located for approval by the Borough, proving the applicant(s) may
construct, have contracted, or use the off-premises sign and any agreements
for the location, construction, use, maintenance or removal of such
sign.
(4)
An off-site sign shall be an independent sign from any other
permitted sign on a property and shall be separated from any other
sign a minimum of twice the greatest dimension of either the off-site
sign or the nearest sign thereto. For example, if there is one ground
sign on a property in addition to an off-premises sign that is five
feet in height, the off-site sign shall be separated a minimum of
10 feet from the ground sign and shall not infringe upon the visibility
of the ground sign.
(5)
Only one associated off-site sign shall be permitted per use.
(6)
Off-site signs shall be separated by a minimum distance of 200
feet.
(7)
No off-site sign shall interfere with the visibility of any
other permitted sign on a property or violate any other provision
of this chapter.
(8)
Signs shall be a minimum of five feet from any lot line and shall not infringe upon the required clear sight distance in accordance with §
290-1103.
K. Billboard signs. A sign used to direct attention to a business, commodity,
service or entertainment not conducted, sold or offered upon the premises
where such sign is located.
(1)
Location. Billboards shall be permitted within the Borough south
of Conestoga Road (Route 401) when approved by conditional use within
all applicable zoning districts.
(2)
Dimensional requirements. Sign area shall not exceed 300 square
feet, and in no case shall the face of the billboard exceed 20 feet
in height or 30 feet in length.
(3)
Billboards shall in no case exceed 35 feet in height.
(4)
Billboards shall have a separation distance from any other billboard
a distance of a minimum of 500 feet.
(5)
No billboards shall be located within 100 feet of any property
line or any other structure.
(6)
No billboards shall be located within 500 feet of any street
intersection.
(7)
Such signs may be externally lit, but shall comply with the
lighting provisions of this chapter and shall comply with the IESNA
(Illuminating Engineering Society of North America) recommended practices
and criteria contained in the IESNA Lighting Handbook, including but
not limited to "full cutoff" fixtures. All lighting fixtures shall
be aimed to illuminate the advertising copy only and so as to not
project or reflect light onto a neighboring use or property.
(8)
Billboards may be a digital sign or an electronically changing message sign, in which case, they shall also meet the applicable regulations in §
290-1302R of this article.
(9)
Billboards shall meet all other applicable Borough, state and
federal regulations.
Nonconforming signs shall be in accordance with Article
XV.
In addition to the definition of sign in Article
II and definitions otherwise incorporated within the sections of this article, the following additional definitions and illustrations apply to this chapter:
A. Abandoned sign: A sign erected on, or related to, the use of a property
which becomes vacant and unoccupied for a period of time, or any sign
which relates to a time, event or purpose which has past.
B. Digital sign: An advertising sign that utilizes digital or video
light-emitting diodes (LEDs) or similar electric methods to create
an image display area.
C. Double-faced sign: A sign which displays a message, information,
or advertising on both faces of the sign.
D. Electronically changing message sign: A digital sign or portion thereof
displaying frequent message changes that are rearranged electrically
without physically altering the face or surface of such signs.
E. Illuminated sign: A sign designed to project or reflect artificial
light from an internal or external source. Illumination may occur
through an external source which may directly or indirectly illuminate
a sign; an internal source which may provide illumination through
transparent or translucent materials; or digitally through light-emitting
diodes (LEDs) or similar technology.
F. Nonconforming sign: A sign that does not conform to the zoning requirements
at the time of enactment of this chapter or as a result of subsequent
amendments thereto, where such sign was lawfully in existence prior
to the enactment of such ordinance or amendment or as a result of
action by the Zoning Hearing Board.
G. Permanent sign: A sign that is intended for long-term use attached
to a building, structure or the ground through mounting, bolting,
concrete footings, or other similar means that enable the sign to
resist environmental loads, such as wind, and precludes ready removal
or movement of the sign.
H. Illustrations of sign types: The following illustrations provide
examples for each sign type but shall not be used directly for the
regulation of each sign in terms of size, shape, color or other criteria:
Address sign.
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Awning Sign.
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Billboard.
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Digital/Electronic Changing Message Sign.
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Freestanding Ground Sign.
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Freestanding Pole Sign.
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Home occupation sign.
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Identification Sign.
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Illuminated Signs, Permitted
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Illuminated Signs, Not Permitted
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Multiple-Use Sign (Wall, Projecting, Freestanding Ground, Freestanding
Pole).
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Political signs.
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Portable Sign.
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Projecting Sign.
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Real Estate Sign.
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Residential Development Sign.
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Temporary Signs, All Other Undefined.
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Temporary New Construction Sign.
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Temporary Professional Sign.
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Traffic Direction Sign.
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Traffic Direction Sign.
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Traffic Sign.
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Trespassing Sign.
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Wall Sign.
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Window Sign, Permanent
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Window Sign, Temporary
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