[HISTORY: Adopted by the City Council of the City of DuBois 5-23-2011 by Ord. No. 1768 (Ch. 19 of the 1995 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A sign that no longer identifies or advertises a location,
product or activity conducted on the premises on which the sign is
located.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this chapter, include the following types:
Environmentally activated. Animated signs or devices motivated
by wind, thermal changes, or other natural environmental input. Includes
spinners, pinwheels, pennant strings, and/or other devices or displays
that respond to naturally occurring external motivation.
Mechanically activated. Animated signs characterized by repetitive
motion and/or rotation, activated by a mechanical system powered by
electric motors or other mechanically induced means.
Electrically activated. Animated signs producing the illusion
of movement by means of electronic, electrical or electromechanical
input and/or illumination, capable of simulating movement through
employment of the characteristics of one or both of the classifications
noted below:
Flashing. Animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle in which the period
of illumination is either the same as or less than the period of nonillumination.
For the purposes of this chapter, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination
exceeds four seconds.
Patterned illusionary movement. Animated signs or animated portions
of signs whose illumination is characterized by simulated movement
through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building but that
does not include signs as defined herein. See also "awning"; "backlit
awning"; and "canopy, attached and freestanding."
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall or fascia sign."
An awning whose covering material exhibits the characteristics
of luminosity obtained by means of a source of illumination contained
within its framework.
The entire area of a sign on which copy and/or graphics could
be placed.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
See "off-premises sign" and "commercial outdoor advertising
sign."
That portion of any exterior elevation of a building extending
vertically from grade to the top of the parapet wall or eaves and
horizontally across the entire width of the building elevation.
A multisided structure or architectural projection supported
by attachment to a building on one or more sides and either cantilevered
from such building or also supported by columns at additional points.
The surface(s) and/or soffit of an attached canopy may be illuminated
by means of internal or external sources of light. Similar to a "marquee."
A multisided structure supported by columns. The surface(s)
and/or soffit of a freestanding canopy may be illuminated by means
of internal or external sources of light.
A sign with the capability of content change by means of
manual or remote input, includes the following types:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.
ELECTRICALLY ACTIVATEDChangeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."
A permanent off-premises sign erected, maintained or used
in the outdoor environment for the purpose of providing copy area
for commercial or noncommercial messages.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background.
Copy area on any individual background may be expressed as the sum
of the geometrically computed area(s) encompassing separate individual
letters, words or graphic elements on that background.
Any sign that is designated and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign with two faces, commonly back to back.
Any sign activated or illuminated by means of electrical
energy.
An electrically activated changeable sign whose variable
message compatibility can be electronically programmed.
Any sign placed outside a building.
See "building facade."
See "wall sign."
A sign principally supported by one or more columns, poles or braces placed in or upon the ground. Refer also to § 350-2 herein for visual reference examples.
The length of an exterior building wall or structure of a
single premises along either a public way or other properties that
it faces.
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
See "freestanding sign."
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
A roof-like facade comparable to an exterior building wall.
See "canopy (attached)." Definition is similar.
See "canopy sign (attached)." Definition is similar.
A sign containing three or more faces.
A sign whose message content may not necessarily bear any
relationship to the activities conducted on the premises on which
it is located, or to the expression of commercial or noncommercial
speech by the owner or bona-fide user of the premises on which it
is located.
A sign whose message content bears a direct relationship
to the activities conducted on the premises on which it is located,
or to the expression of any commercial or noncommercial speech by
the owner of bona-fide user of the premises on which it is located.
The extension of a building facade above the line of the
structural roof.
See "freestanding sign."
A temporary sign intended to express a personal belief or
to advance a political statement, cause or candidate for office.
Any sign not permanently attached to the ground or to a building
or building surface.
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. Refer also to § 350-2 herein for visual reference examples.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign that revolves 360° about an axis. See also "animated
sign, mechanically activated."
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
A sign mounted on the main roof portion of a building or on the topmost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections, such as canopies or marquees, shall not be considered to be roof signs. Refer also to § 350-2 herein for visual reference example of roof sign and comparison of differences between roof and fascia signs.
A sign containing two faces of equal size, positioned at
an interior angle subtending less than 179° at the point of juncture
of the individual faces.
Any device visible from a public place whose essential purpose
and design is to convey either commercial or noncommercial messages
by means of graphic presentation of alphabetic or pictorial symbols
or representations. Noncommercial flags or any flags displayed from
flagpoles or staffs will not be considered to be signs.
Any structure designed for the support of a sign.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
A sign attached to the underside of a canopy or marquee.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to § 350-2 herein for visual reference examples and comparison examples of differences between wall or fascia signs and roof signs.
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
The following are visual reference examples for general sign
types:
.tif.png "350 General Type Signs(1).tif")
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.tif.png "350 General Type Signs(2).tif")
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A.
No sign of any kind other than an official traffic sign or similar
sign shall be placed or erected within the right-of-way lines of any
street or public way or on any property owned by the City of DuBois
unless specifically authorized by other ordinances or regulations
of the City of DuBois or by express permission of the City Council.
B.
Signs projecting over public walkways may do so only subject to the
projection and clearance limits either defined herein or, if not so
defined, at a minimum height of 10 feet from grade level to the bottom
of the sign. Signs, architectural projections, or sign structures
projecting over vehicular access areas must conform to the minimum
height clearance limitations imposed by the City of DuBois for such
structures.
C.
No sign or sign structure shall be erected at the intersection of
any street in such a manner as to obstruct free and clear vision,
nor at any location whereby its position, shape or color may interfere
with or obstruct the view of or be confused with any authorized traffic
sign, signal, or device.
D.
If a premises contains walls facing more than one property line or
encompasses property frontage bounded by more than one street or other
property usages, the sign area(s) for each building wall or property
frontage will be computed separately for each building wall or property
line facing a different frontage. The sign area(s) thus calculated
may then be applied to permitted signs placed on each separate wall
or property line frontage.
E.
Animated signs are permitted in commercial and industrial zones only.
Changeable signs, manually activated, are permitted in all zoning
districts. Changeable signs, electrically activated, are permitted
in all nonresidential zoning districts.
F.
Every sign permitted by this chapter must be kept in good condition
and repair. When any sign becomes insecure, in danger of falling,
damaged beyond 50% of its conformance with the City of DuBois ordinance
or is otherwise deemed unsafe by the Codes Enforcement Officer of
the City of DuBois or by the Municipal Building Official responsible
for the maintenance of public safety, or if any sign shall be unlawfully
installed, erected or maintained in violation of any of the provisions
of this chapter, the owner thereof or the person or firm using the
same shall, upon written notice by the Codes Enforcement Officer of
the City of DuBois or the appropriate Building Official of the City
of DuBois forthwith, in the case of immediate danger, and in any case
within not more than 10 days, make such sign conform to the provisions
of this chapter or shall remove it. If within 10 days the order is
not complied with, the Codes Enforcement Officer or other responsible
Building Official from the City of DuBois may remove or cause such
sign to be removed at the expense of the owner and/or user of the
sign.
G.
Any sign that no longer advertises or identifies the use conducted
on the property on which said sign is erected must be removed within
10 days after written notification from the Codes Enforcement Officer
or other City of DuBois Building Official responsible for such enforcement,
and upon failure to comply with such notice, the Codes Enforcement
Officer and/or Building Official is hereby authorized to cause removal
of such sign, and any expense incident thereto shall be paid by the
owner of the building, structure or ground on which the sign is located.
H.
Any sign legally existing at the time of the passage of this chapter
that does not conform in use, location, height or size with the regulations
of the zoning district in which such sign is located shall be considered
a protected nonconforming use and may continue in such status until
such time as it is either abandoned or removed by its owner or has
become dilapidated or presents a safety issue to the general public.
I.
Roof signs, special considerations. No sign may extend above the
highest arch or point of a building as viewed from the nearest commercial
roadway.
A.
Unless specifically exempted, a permit must be obtained from the
City of DuBois for the erection and maintenance of all signs erected
or maintained in the City of DuBois and specifically regulated by
this chapter. Exemptions from the necessity of securing a permit,
however, shall not be construed to relieve the owner of the sign involved
from responsibility for its erection and maintenance in a safer manner
and in a manner in accord with all the other provisions of this chapter.
B.
Before any permit is granted, the permit application shall be accompanied
by the written consent of the owner or lessee of the premises upon
which the sign is to be erected.
C.
No new sign shall hereafter be erected, constructed or maintained
except as herein provided and not until after a permit, if required,
has been issued by the City of DuBois.
D.
No sign shall be enlarged or relocated except in conformity to the
provisions herein, nor until a proper permit, if required, has been
secured. The changing of moveable parts or components of an approved
sign that is designed for such changes, or the changing of copy, display
and/or graphic matter, or the content of any sign or sign structure
shall not be deemed an alteration.
E.
Permit fees to erect, alter or relocate a sign shall be in accordance
with the sign fee schedule adopted by the City Council of the City
of DuBois.
A.
Signs containing integral background areas. The area of a sign containing
a clearly defined background area as defined herein shall be expressed
as the area of the smallest standard geometric shape capable of encompassing
the perimeter of the background areas of the sign. In the case of
signs in which multiple background areas are separated by open space,
sign areas shall be expressed as the sum of the areas of all separate
background areas, calculated as referenced above, but including the
areas between all of the separate background areas.
B.
Signs without integral background areas. In instances in which a
sign consists of individual elements, such as letters, symbols or
other graphic objects or representations that are painted, attached
to, or otherwise affixed to a surface such as a wall, window, canopy,
architectural projection, or to any surface not specifically designed
to serve as a sign background, the sign area shall be expressed as
the sum of the individual areas of the smallest geometric shapes capable
of encompassing the perimeters of the individual elements comprising
the sign.
C.
In computing the area of a double-faced sign, only one side shall
be considered, provided all faces are identical in size. The area
of multifaced signs will be calculated as the maximum projected area
of the sign as viewed from any angle.
D.
Sign area calculations will be calculated as the area of the smallest
rectangle capable of encompassing the entire copy, graphics or background
of the sign, as follows:
(1)
Consideration of open space. In the case where the sign can be broken
into separate elements of copy, graphics or distinct, identifiable
background areas separated by open space, separate rectangles may
be placed around the individual elements of the sign. The sum of the
areas of all such rectangles, without regard for any open space between
them, shall be used as the gross surface area of the sign. This provision,
however, is not intended to result in the calculation of area for
each individual letter in the text of the sign.
(2)
Consideration for ascenders, descenders and accentuating graphics. Where the copy of the sign incorporates letters having ascenders or descenders or accentuating graphic elements which would significantly impact the calculation of the sign's gross surface area by forcing the inclusion of additional open area around the remaining sign elements included within one rectangle, individual rectangles may be placed around those letters with ascenders or descenders or accentuating graphics to more accurately calculate the gross surface area of the sign as provided in Subsection D(1) in this section.
(3)
Signs with a single distinct background area. The provisions in Subsection D(1) and (2) in this section shall not be applied to signs having a single separate and distinct background area, such as freestanding ground signs and wall signs that have a single, distinct (colored, raised or otherwise distinguishable from the wall upon which the sign is located) background area framing or highlighting the copy or graphics. In this case, the smallest rectangle capable of encompassing the entire distinct background area shall be used to determine the gross surface area of the sign.
No sign shall be illuminated by other than electrical means.
Electrical devices, components and wiring shall be installed and maintained
in accordance with the requirements of the electrical code as adopted
by the City of DuBois and in accordance with all Uniform Construction
Code (Act 45) requirements. In no case shall an open spark or flame
be used for display purposes.
A.
On-premises signs permitted in all zoning districts.
(1)
In addition to any signs designated as permissible in the general provisions (§ 350-3) and/or in any other sections of this chapter, the following signs and/or sign types are permitted in all zoning districts of the City of DuBois:
(a)
Signs suitable for the display of commercial or noncommercial
speech, provided that the area of any such sign shall not exceed six
square feet; and further provided that, if freestanding, such sign
shall not exceed a height above the grade level on which it is placed
of four feet to the top of the sign Such signs falling under the category
of commercial or noncommercial speech are exempt from any requirement
to seek a permit from the City of DuBois.
(b)
Temporary real estate signs, as defined herein,
[2]
Further provided that not more than one such sign shall be placed
on property held in single and separate ownership unless such property
fronts on more than one street; in which case one such sign shall
be permitted on each separate street frontage. All such signs shall
be permitted only during the time in which the property advertised
is available for sale, lease or rental and must be removed within
10 days after closing of the sale or execution of the lease or rental
agreement.
(c)
Trespassing signs, signs indicating the private nature of a
road, driveway or premises, provided that the area of any such sign
shall not exceed four square feet.
(d)
Temporary signs erected in connection with the development or
proposed development of the premises or property, provided that the
area of any such sign shall not exceed 32 square feet. Not more than
one such sign shall be placed on property held in single and separate
ownership unless the property fronts on more than one street, in which
case one such sign shall be permitted on each separate street frontage.
Such signs shall be removed within 10 days after the development has
been completed and/or the last structure occupied.
(e)
Temporary political signs. Such signs shall not require a permit
but shall be removed within seven days following such election or
referendum for which the temporary political sign was placed.
(f)
Temporary signs advertising special events and/or promotions
of a commercial or noncommercial nature. Such signs shall be exempt
from any permitting requirement, provided that such signs shall be
nonilluminated.
(g)
Informational or public service signs as required on any premises
or property for the purpose of advertising the availability of restrooms,
telephones or similar facilities of public convenience, provided that
the area of any such sign shall not exceed four square feet.
(h)
Memorial signs or historical signs or tablets, provided that
the area of any such sign or tablet shall not exceed six square feet.
(i)
Off-premises directional signs (as defined herein) used by nonprofit
entities and/or tourism locations and provided that the area of any
such sign shall not exceed the following limitations by zoning district:
[1]
Residential zones (R-1, R-2, and R-3): four square feet.
[2]
All other zones: six square feet. No such signs shall be placed
on state, federal or City rights-of-way, and written permission from
any property owner where the sign is placed must be obtained, with
a copy on file in the City Building of the City of DuBois.
[3]
Off-premises directional signs are permitted for all local,
state or federal entities.
B.
On-premises signs permitted in residential zones.
(1)
Signs displaying the name and address of the occupant of the premises,
provided that the area of any such sign shall not exceed four square
feet and that not more than one such sign shall be erected or displayed
for each occupant of a premises, unless such premises fronts on more
than one street; in which case one such sign shall be permitted on
each separate street frontage. Sandblasted/carved stone signs will
have the area calculated in a manner similar to individual letter/logo
signs.
(2)
Temporary signs of contractors or artisans displayed during the period
such contractors or artisans are performing work on the premises on
which such signs are displayed, provided that the area of any such
sign shall not exceed 12 square feet. Such signs shall be limited
to one sign per contractor or artisan and shall be removed within
20 days of the completion of the contractor's work.
(3)
One sign per premises advertising a home occupation or avocation,
provided that the area of any such sign shall not exceed four square
feet.
(4)
Subdivision identification signs and/or signs identifying apartment
or condominium complexes, provided that the area of any such sign
shall not exceed a total of 32 square feet; and further provided that
one such sign shall be permitted for each separate street and/or separate
building frontage occupied by the subdivision, apartment or condominium
complex and/or for each means of entrance to or exit from the subdivision,
apartment or condominium complex. An additional single-sided sign
of no more than 32 square feet in area is permitted at each entrance
if the back of either sign is not visible from any viewing angle of
the sign.
(5)
Signs for permitted nonresidential uses, provided that the area of
any such sign shall not exceed 32 square feet; and further provided
that one such sign shall be permitted for each separate street and/or
separate building frontage occupied by the permitted use and for each
means of entrance to or exit from the permitted use.
C.
General regulations for on-premises signs in residential zones.
D.
On-premises signs permitted in commercial and industrial zones.
(1)
Any signs permitted in a residential and/or apartment/office/professional
zone that relate to a use permitted in the commercial and industrial
zones.
(2)
Signs for permitted uses as regulated by reference to types noted
below.
(a)
Freestanding signs.
[1]
Freestanding signs shall be limited to one, except for a use
that fronts on more than one street, in which case one such sign shall
be permitted for each separate street frontage. If a use exceeds 450
lineal feet on any frontage, one additional such sign on such frontage
shall be permitted.
[2]
Unless otherwise regulated by specific reference herein, the
area of any freestanding sign shall not exceed 60 square feet and
the overall height of any sign shall not exceed 25 feet as measured
from the center line of the facing roadway to the top of the sign.
[3]
In the case of a use designated as a shopping center or planned
industrial park, one freestanding sign per each 300 lineal feet of
frontage or multiple thereafter shall be permitted for each separate
street frontage, frontage on other property usage, and/or for each
means of entrance to or exit from the use. The area of any such sign
shall not exceed the product of 0.2% of the aggregate lot area of
the subject premises or 300 square feet, whichever is smaller. The
overall height of the sign shall not exceed 40 feet to the top of
the sign as measured from the center line of the facing roadway to
the top of the sign.
[4]
Within the environs of a use designated as a shopping center
or planned industrial park, freestanding signs shall be permitted
as required for the primary purpose of promoting traffic safety through
the provision of directional information within the environs of the
use, provided that any such sign shall not exceed an area of 50 square
feet nor a height above the grade level on which it is placed of 14
feet to the top of the sign.
[5]
Wall signs.
[a]
Wall signs include wall or fascia signs permanently
applied to walls or other building surfaces.
[b]
The total area of all signs affixed or applied
essentially in a parallel plane to any given storefront facade shall
not exceed an area computed in accordance with Table II below. These
allowances apply to all exposed sides of a given building.
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Table II - Walls Signs - Storefront Facade
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|---|---|---|---|
|
Distance of Sign from Road or Right-of-Way or Property Line
(feet)
|
Sign Area of Storefront
(square feet per lineal foot)
|
Maximum Sign Size
(square feet)
|
Maximum Number of Signs
|
|
0 to 100
|
2
|
120
|
2
|
|
101 to 300
|
2
|
175
|
3
|
|
Over 300
|
2
|
280
|
4
|
(b)
"Storefront facade" is defined as the entire visible front side
or rear of a business entity that is facing a roadway.
(d)
Awning signs.
[1]
Signs affixed or applied to the face or side surfaces of an
awning or backlit awning, provided that the copy area of any such
sign, as defined herein, does not exceed an area equal to 50% of the
total background area of the awning or backlit awning surface to which
it is affixed or applied or, alternatively, does not exceed an amount
equal to the amount of copy area permitted for wall signs as provided
herein, whichever is less.
(e)
Under-canopy signs.
[1]
Signs affixed to the underside of a canopy, marquee, or architectural
projection shall be limited to an area not to exceed four square feet.
One such sign shall be permitted for each means of entrance to or
exit from a premises.
(f)
Menu-board signs.
[1]
Any businesses utilizing a drive-through ordering/distribution
system for the sale of its products may include one menu-board sign
for each drive-through lane. The menu-board sign must meet the definition
of a menu board, as defined herein, and cannot exceed 40 square feet
in sign area nor exceed eight feet in overall height. The area of
a menu-board sign will not be calculated as a component of permitted
copy area.
E.
On-premises signs permitted in Commercial Central Zone.
(1)
In addition to any signs designated as permissible in the general
provisions and/or in any other sections of this chapter, the following
signs and/or sign types are permitted in Commercial Central Zones:
(a)
Portable signs, as defined herein, provided that the area of
such signs shall not exceed the following limitations: 1) shall not
exceed 42 inches in height; and 2) shall not exceed 25% of width of
sidewalk, not to exceed 10 square feet; and 3) not more than one such
sign shall be placed in front of any business. Such sign shall be
placed against the building and shall not affect the ingress and egress
of the building. The design shall be reviewed and approved at the
time of the application prior to placement.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person, firm or corporation who shall violate any provision
of this chapter or any permit schedule or other rules and regulations
established pursuant thereto shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment, be sentenced to imprisonment for a term not to exceed 90
days. Each date of violation shall be considered a separate violation
subject to imposition of a separate penalty.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.[1]
[1]
Editor's Note: Ord. No. 1768, which adopted this chapter,
also specifically repealed Ch. 27, Zoning, Part 3, Signs, of the 1995
Code.
This chapter shall become effective on date of final passage.
