Township of Muhlenberg, PA Article XI Signs

§ 355-118 Statement of intent.

A. The purpose of the provisions established under Article XI of this chapter is to establish specific regulations pertaining to signs for all land uses, zoning districts and conditions within Muhlenberg Township. The objectives of these provisions are as follows: to promote and maintain overall community beautification; establish reasonable time, place and manner regulations on the exercise of free speech; promote traffic safety; and promote appropriate and efficient use of land.

B. The regulations concerning signs, as established under Article XI of this chapter, shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.

§ 355-119 General standards and requirements for all signs.

A. Permits. Unless otherwise specified by this chapter of the Code, a permit shall be required for all signs within Muhlenberg Township in accordance with the following procedures:

(1) Three complete permit applications shall be submitted to erect, install, replace, remove and maintain signs, as required by the provisions of this article. The application shall include the required permit fee.

(2) The permit application shall contain all information necessary for the Zoning Officer to determine whether the proposed sign conforms with the requirements of this chapter. At a minimum, the following information shall be included:

(a) Three copies of the plans and diagrams drawn accurately to scale depicting the dimensions of the lot, cartway, right-of-way and location of the sign.

(b) The exact size, dimensions and location of the sign to be placed on the lot or building, together with its type, construction, materials to be used, and the manner of installation.

(c) Any other useful information which may be required of the applicant by the Zoning Officer.

(3) The permit application shall be granted or refused within 30 days from the date of completed application.

(4) No sign permit shall be issued except in conformity with the regulations of this article, except upon order of the Zoning Hearing Board granted pursuant to the procedures established for the issuance of a variance.

B. Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated may, after 30 days from notification, be removed by the Muhlenberg Township at the expense of the owner or lessee of the property on which it is located.

C. Location and placement. All signs shall be located and placed in compliance with the provisions of this article. In addition to these provisions, the following requirements shall apply:

(1) No signs shall be posted, stapled or otherwise permanently attached to public utility poles or trees within a street right-of-way.

(2) Unless otherwise specified, no portion of any freestanding sign shall be located within five feet of the street right-of-way line or within 20 feet of a property line.

(3) All traffic control signs, directional signs, traffic signals or other similar signs which are located within a street right-of-way shall be permitted by Muhlenberg Township and/or the Pennsylvania Department of Transportation.

(4) No sign shall be located, placed or arranged in any manner that interferes with vehicular traffic, including the obstruction of sight distance,

D. Area. The areas of all signs which are permitted within Muhlenberg Township are specified under § 355-120 of this chapter. The following specific provisions shall apply to the area of a sign:

(1) The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.

(2) The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording and accompanying designs or symbols together with any backing associated with the sign.

(3) Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.

(4) In computing the square foot area of a double-faced sign, only one side of the sign shall be considered, provided that both faces are identical inside the frame of the sign. In cases where the signs are not parallel or if an interior angle is created to provide visibility, both sides of such sign shall be considered in calculating the sign area.

(5) Where the provisions for sign area specified under this article do not apply, the Zoning Officer in conjunction with the Zoning Hearing Board may consider a reasonable resolution or remedy.

E. Height. The height of all signs which are permitted within Muhlenberg Township are specified under § 355-120 of the chapter. The following specific provisions shall apply to the height of a sign.

(1) The height of a sign shall be measured from the average elevation of the ground or finished grade to the highest point of the sign.

(2) No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building.

(3) Where the provisions for sign height specified under this article do not apply, the Zoning Officer in conjunction with the Zoning Hearing Board may consider a reasonable resolution or remedy.

F. Clearance, visibility and sight distance. The following minimum requirements shall apply to the ground clearance, visibility and sight distance for all permitted signs within Muhlenberg Township.

(1) Unless otherwise specified by this chapter, all freestanding signs which are located within 20 feet of a street right-of-way line shall have at least five feet of clear space between such sign and the average ground elevation. However, the necessary support structures may extend through such open space.

(2) Ground signs shall be located at least 10 feet from the street right-of-way line.

(3) No ground or freestanding sign shall be located within the clear sight triangle of a street intersection. The provisions for establishing the clear sight triangle are specified under § 355-96 of this chapter.

(4) The minimum sight distance requirements for pedestrians and vehicles shall be considered and applied.

G. Projection. An on-premises projecting sign which is mounted upon a building so that its principal face is a right angle or perpendicular to the wall of the building may be permitted, subject to the following provisions:

(1) All such projecting signs shall extend at least one foot from the building but no more than 12 feet from the building.

(2) No sign attached to the exterior building facade shall project outward to any open area utilized as a street, driveway or vehicular accessway.

(3) The minimum height of a projecting sign shall be at least eight feet from the average ground elevation and no higher than 20 feet above the average ground elevation.

(4) The maximum area of all projecting signs shall be 20 square feet, as measured on a single side of the projecting sign. Double-faced projecting signs may be permitted for the same use.

H. Maximum number of signs. The maximum number of on-premises signs for a use on a single lot or property is specified under § 355-120 of this chapter. Where multiple uses are contained on a single property, a freestanding sign may be permitted, provided it conforms with the provisions of this chapter of the Code.

I. Illumination. The following provisions shall apply to the illumination of signs within Muhlenberg Township:

(1) Signs may be illuminated by direct and nonglaring lighting, provided that such lighting is shielded so no direct light will shine on abutting properties or obstruct the vision of motorist or pedestrians within a street right-of-way.

(2) The use of red, green or amber lights on any sign within 200 feet of a street intersection shall be prohibited.

(3) The use of intermittent, flashing or animated lighting within 50 feet of a street right-of-way line and 200 feet from the R-1, R-2, R-3, R-4 and R-5 Zoning Districts shall be prohibited.

(4) The use of illuminated signs within the R-1, R-2, R-3, R-4 and R-5 Zoning Districts shall be prohibited unless the illuminated sign is specifically related to emergency management uses, medical facilities, municipal uses, institutional uses, and other similar uses considered appropriate by the Zoning Officer.

J. Double-faced signs. Any permitted sign may be constructed and installed as double-faced, provided that it has two parallel surfaces that are opposite and matching in size and shape and are not over 16 inches apart. All such signs shall be considered as one sign and only one face shall be used to calculate the total size of the sign. Should the two surfaces deviate from being parallel or should they differ in size or shape, the sign shall be considered as two signs.

K. Supplementary sign regulations for all zoning districts. The following supplementary sign regulations shall apply to all zoning districts within Muhlenberg Township:

(1) Real estate signs for the selling, renting or leasing of residential properties shall be permitted, subject to the following conditions: the area of the sign shall not exceed six square feet; the total number of signs shall be limited to one sign per property; the sign shall be located at least 10 feet from the street right-of-way line; and the sign shall be removed within seven days after final transaction is completed.

(2) Real estate signs for the selling, renting or leasing of nonresidential properties shall be permitted, subject to the following conditions: the area of the sign shall not exceed 32 square feet; the spacing of such signs shall be at least 300 feet apart on the same lot or property; the sign shall be located at least 10 feet from the street right-of-way line; and the sign shall be removed within seven days after the final transaction is completed.

(3) Property control or restriction signs shall be permitted, subject to the following conditions: the area of the sign shall not exceed two square feet; the spacing of such signs shall be at least 100 feet apart on the same lot or property; and the sign does not contain any personal message which is considered irrelevant to controlling or restricting the use of a property or lot.

(4) Traffic control and directional signs, as permitted under the authority of Muhlenberg Township or the Pennsylvania Department of Transportation.

(5) Temporary signs may be permitted, provided they are not considered permanent and they comply with the provisions established under this chapter of the Code.

(6) Special event or promotional signs may be permitted, provided they are not considered permanent and they comply with the provisions established under this chapter of the Code.

(7) Special use signs may be permitted, provided they are not considered permanent and they comply with the provisions established under this chapter of the Code.

L. Traffic control and directional signs. Unless otherwise permitted by Muhlenberg Township or the Pennsylvania Department of Transportation, all traffic control signs and directional signs shall conform with the following requirements:

(1) Traffic control and directional signs located within the street right-of-way shall be subject to the review and approval of Muhlenberg Township and/or the Pennsylvania Department of Transportation. The location, size, type, height, spacing and quantity of the sign(s) shall be stipulated on the permit, as issued by Muhlenberg Township and/or the Pennsylvania Department of Transportation.

(2) Traffic control and directional signs located outside the street right-of-way within a lot or on private property shall be subject to review and approval of Muhlenberg Township. All such signs shall be located at least two feet from the street right-of-way and 10 feet from all other property lines. The maximum number of signs as well as the maximum height and size of each sign are specified under § 355-120 of this chapter of the Code.

M. Political signs. Political signs, being signs erected in conjunction with a political election, naming a candidate or slate of candidates for a primary or general election or referencing a position in support of or opposition to an issue placed in referendum, shall be installed so as to comply with all other terms of this chapter and Chapter 260, Political Campaign Matter, of the Code.

N. Removal of signs. On-premises signs and off-premises signs that are no longer utilized for the original intent or use shall be removed from the site or changed to accommodate a new sign for the new use within 30 days of occupancy by the new use. All replacement signs shall conform with the provisions specified under this chapter of the Code. Upon the removal of any sign, whether temporary or permanent, such removal shall include all associated support, including the posts, poles, brackets, arms, trailers and other support mechanisms.

§ 355-120 Summarization chart for categorical sign requirements.

A. The matrix chart on the following pages[1] summarizes the categorical sign requirements by type, quantity, height, area, location and permit procedures for each use within Muhlenberg Township. The provisions specified within this matrix chart shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners.

[1] Editor's Note: The Summary Chart for Categorical Sign Requirements is included as an attachment to this chapter.

B. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.

§ 355-121 Requirements for residential uses.

A. An individual nameplate or street address sign may be posted on a residential lot, provided it does not exceed four square feet in area and is located outside of the street right-of-way and two feet from all other property lines.

B. Property control and restrictions signs, including "no trespassing," "no hunting," "no solicitation," and other similar signs, may be permitted, subject to the following conditions: the area of the sign shall not exceed two square feet; the spacing of such signs shall be at least 100 feet apart on the same lot or property; and the sign does not contain any personal message which is considered irrelevant to controlling or restricting the use of a property or lot.

C. Home occupation signs, displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, subject to the following conditions: only one such sign shall be erected for each permitted use or dwelling; the area of such sign shall not exceed four square feet; and provided that such sign shall be fixed flat on the main wall of such building or may be erected in the front yard, but not within two feet of the right-of-way or five feet from any other property line.

D. Residential development containing a total of 20 or more residential units may provide a sign for the purposes of identifying the name of the development, subject to the following criteria:

(1) The signs shall be limited to two freestanding or ground signs per entrance to the development.

(2) The maximum size of the sign shall be 32 square feet per sign.

(3) The maximum height of the signs shall be 20 feet and shall be constructed of weather-resistant wood, vinyl or decorative masonry.

(4) Any wall or fence structure which supports such signs may not exceed eight feet in height or a maximum of 120 square feet in area.

(5) The sign shall be located at least five feet from the street right-of-way line, 20 feet from all other property lines and shall not be located within the clear sight triangle, as established under § 355-96 of this chapter. The final location of such signs shall be approved by the Zoning Officer prior to the issuance of a sign permit.

(6) Prior to the issuance of a sign permit, the applicant shall provide sufficient evidence to the Zoning Officer that adequate measures have been taken to ensure proper maintenance of the sign and any accompanying landscaping, and that the sign will be durably constructed as to require minimal maintenance.

(7) The illumination of such signs may be permitted, provided that low-intensity lighting is utilized which is less than 100 watts and is located in a manner so that glare or reflection is not greater than 0.1 footcandle at the street right-of-way line.

E. Directional signs may be permitted, provided they are utilized within the interior of a residential development, are limited to one directional sign per street, and do not exceed four square feet in size.

§ 355-122 Requirements for nonresidential uses.

A. The maximum number of on-premises signs for a nonresidential use within the C-1 and SA-1 Zoning Districts shall be limited to the following: one ground or freestanding sign; six wall or parallel signs, which shall not exceed 20% of the front of the building and shall not exceed 100 cumulative square feet; one projecting sign; four directional signs per acre; and two accessory signs. The matrix chart provided under § 355-120 of this chapter of the Code summarizes the categorical sign requirements by type, quantity, height, area, location and permit procedures for each use within Muhlenberg Township.[1]

[1] Editor's Note: The Summary Chart for Categorical Sign Requirements is included as an attachment to this chapter.

B. The maximum number of on-premises signs for a nonresidential use within the C-2, C-3, I-1 and I-2 Zoning Districts shall be limited to the following: one ground or freestanding sign; eight wall or parallel signs, which shall not exceed 20% of the front of the building and shall not exceed 300 cumulative square feet; one projecting sign; four directional signs per acre; and two accessory signs. The matrix chart provided under § 355-120 of this chapter of the Code summarizes the categorical sign requirements by type, quantity, height, area, location and permit procedures for each use within Muhlenberg Township.

C. A freestanding or ground sign may be permitted for all nonresidential uses and developments, subject to the provisions specified under § 355-120 of this chapter of the Code. In addition to those requirements, the following provisions shall apply:

(1) An office park, business park, medical research park and industrial park may have one freestanding or ground sign for each street on which the development has more than 300 feet of frontage. The total area of each sign shall not exceed 200 cumulative square feet and shall meet the following criteria:

(a) A freestanding sign shall be located at least five feet from the street right-of-way line and 30 feet from all other property lines. The height of a freestanding sign shall be no less than five feet and no more than 30 feet, as measured from the average ground elevation.

(b) A ground sign shall be located at least 10 feet from the street right-of-way line and 30 feet from all other property lines. The maximum height of a ground sign shall be no more than eight feet, as measured from the average ground elevation. Any wall or fence structure which supports such signs may not exceed eight feet in height or a maximum of 150 square feet and shall be constructed of weather-resistant wood, vinyl or decorative masonry.

(c) The freestanding or ground sign may identify the name of the development as well as any individual permitted uses contained within the development, provided it is constructed as a single component with the ability to be changed at any time.

(2) A mini mall containing multiple nonresidential uses with less than 30,000 square feet of cumulative floor area may contain one freestanding sign for the development, which shall be located at least five feet from the street right-of-way line and 30 feet from all other property lines. The height of all such freestanding signs shall be no less than five feet and no more than 30 feet, as measured from the average ground elevation. The total area of each sign shall not exceed 100 cumulative square feet.

(3) A shopping center or shopping mall containing multiple nonresidential uses with more than 30,000 square feet of cumulative floor area may contain one freestanding or ground sign for each street on which the development has more than 300 feet of frontage. The total area of each sign shall not exceed 300 cumulative square feet and shall meet the following criteria:

(a) A freestanding sign shall be located at least five feet from the street right-of-way line and 30 feet from all other property lines. The height of a freestanding sign shall be no less than 10 feet and no more than 30 feet, as measured from the average ground elevation.

(b) A ground sign shall be located at least 10 feet from the street right-of-way line and 30 feet from all other property lines. The maximum height of a ground sign shall be no more than eight feet, as measured from the average ground elevation. Any wall or fence structure which supports such signs may not exceed eight feet in height or a maximum of 150 square feet and shall be constructed of weather-resistant wood, vinyl or decorative masonry.

(c) The freestanding or ground sign may identify the name of the development as well as any individual permitted uses contained within the development, provided it is constructed as a single component with the ability to be changed at any time.

(4) All other individual nonresidential uses may have one freestanding or ground sign, subject to the provisions specified under § 355-120 of this chapter of the Code.

D. A municipal, governmental, recreational or institutional use may have one freestanding or ground sign for the purposes of displaying the name of the use and its activities or services, provided that the total area of any such sign shall not exceed 50 square feet and not more than one sign for each street on which the use has more than 300 feet of frontage. All other pertinent sign requirements for municipal, governmental, recreational or institutional uses, as specified and defined under this chapter of the Code, shall apply.

E. An agricultural use, as further defined and outlined under § 355-79 of this chapter of the Code, may have one freestanding or ground sign for the purposes of displaying the name of the use and its activities or services, provided that the total area of any such sign shall not exceed 80 square feet. All other pertinent sign requirements for agricultural uses, as specified under § 355-120 of this chapter of the Code, shall apply.

§ 355-123 Off-premises advertising signs or billboards.

A. For the purposes of this chapter of the Code, off-premises advertising signs or billboards shall be classified as follows:

(1) Category 1 billboards. These off-premises advertising signs or billboards shall not exceed 250 square feet and may be placed along Route 222 Business and Route 61 within the C-2, C-3, I-1 and I-2 Zoning Districts. The spacing of Category 1 billboards shall be at least 700 linear feet apart from all other off-premises advertising sign or billboard on the same side of the road.

(2) Category 2 billboards. These off-premises advertising signs or billboards shall not exceed 680 square feet and may be placed along Route 222 Bypass and Route 12 within the C-2, C-3, I-1 and I-2 Zoning Districts. The spacing of Category 2 billboards shall be at least 1,500 linear feet apart from all other off-premises advertising signs or billboards on the same side of the road.

B. All Category 1 billboards and Category 2 billboards shall be located to comply with the following requirements for setback, separation distance, height and arrangement:

(1) All such off-premises advertising signs or billboards shall be located at least 10 feet from the street right-of-way line and no further than 100 feet from the street right-of-way line, as measured on the same side of the street on which the off-premises advertising sign or billboard is located.

(2) All such off-premises advertising signs or billboards shall be located at least 30 feet from all property lines.

(3) All such off-premises advertising signs or billboards shall be located at least 300 feet from the center of the nearest street intersection or interchange.

(4) The height of all such off-premises advertising signs or billboards shall be no less than 10 feet to the bottom edge of the sign and no more than 40 feet to the top edge of the sign, as measured from the average ground elevation.

(5) When two off-premises advertising signs or billboards are orientated in a back-to-back arrangement, they shall be parallel and directly opposite from each other and shall not be spaced by more that 15 feet. The size and shape of the signs should not deviate from each other and they shall utilize the same support structure.

(6) When two off-premises advertising signs or billboards are oriented in a V-type arrangement, they shall be at least 15 feet apart at the closest point, and the interior angles shall not be greater than 45°. The size and shape of the signs should not deviate from each other, and they shall utilize the same support structure.

C. All Category 1 billboards and Category 2 billboards shall be located to comply with the following design requirements:

(1) All off-premises advertising sign or billboard shall be designed, located and constructed in accordance with all local and state codes. As part of this requirement, all permit applications shall include signed and sealed plans from a licensed engineer within the Commonwealth of Pennsylvania.

(2) Unless otherwise permitted by the Muhlenberg Township Engineer and Zoning Officer, all off-premises advertising signs or billboards shall be constructed and erected on a steel unipole or steel I-beams meeting the minimum standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising.

(3) The support structures for all off-premises advertising signs or billboards shall be constructed and erected on permanent footings, as determined by the licensed engineer responsible for the permit application.

(4) No off-premises advertising sign or billboard shall be constructed and erected which specifically resembles an official marker, logo and/or insignia of an organization unless the applicant, sign company or landowner receives authorization from such organization.

(5) The off-premises advertising sign or billboard shall not contain vulgar messages or depict any lewd, pornographic, lascivious or other offensive acts.

(6) The off-premises advertising sign or billboard shall be maintained and inspected by the applicant of the permit on a regular basis but shall not exceed a period of time of more than 30 days. As part of this requirement, the applicant shall inspect the following: the support structure to determine if is sound and in good repair; the lighting to determine if it operating sufficiently; the display area to determine if is in good condition and free of graffiti; the area within the lease area to determine if it is clear of overgrown vegetation, debris, trash and other unsightly materials; and all other items that should be inspected periodically, as determined appropriate by the Zoning Officer.

D. All Category 1 billboards and Category 2 billboards shall be located to comply with the following lighting, display and illumination requirements:

(1) All off-premises advertising signs or billboards may be illuminated, provided that such illumination is directed towards the sign and shielded so as to prevent the illumination from being directed towards the street or adjacent properties.

(2) Off-premises advertising signs or billboards containing flashing, intermittent, scintillating, reflective and/or moving lighting features shall be prohibited.

(3) Off-premises advertising signs or billboards may incorporate features to provide electronic message displays, such as the time, date, temperature, weather and similar information, provided it does not disrupt or distract the operator of a motor vehicle.

(4) Off-premises advertising signs or billboards may incorporate a timed or electronic display change, where the display of the sign may change to another sign within a specified period of time. All such signs may be considered, provided the message does not change more than six times per minute and it does not disrupt or distract the operator of a motor vehicle.

E. All Category 1 billboards and Category 2 billboards shall be located to comply with the following permit requirements:

(1) The applicant shall submit a written agreement with the permit application indicating that the owner of the property has agreed to lease the property to the commercial sign or advertising company and has approved the proposed display or message contained on the off-premises advertising sign or billboard.

(2) Three complete permit applications shall be submitted to Muhlenberg Township, as required by the provisions of this chapter. The permit application shall include the required permit fee.

(3) The permit application shall contain the following information: three copies of the plans and diagrams drawn accurately to scale depicting the dimensions of the lot, cartway, right-of-way, location of the sign; the exact size, dimensions and location of the off-premises sign or billboard to be placed on the lot or building, together with its type, construction, materials to be used, support structures, and the manner of installation; and any other useful information which may be required of the applicant by the Muhlenberg Township Engineer or Zoning Officer.

(4) The completed permit application, plans and support diagrams shall be signed and sealed by a licensed engineer within the Commonwealth of Pennsylvania.

(5) The permit application shall be granted or refused within 30 days from the date of completed application.

F. In addition to the provisions established herewith, the applicant and property owner for all Category 1 billboards and Category 2 billboards shall comply with all other pertinent provisions, as established within the Muhlenberg Township Code.

§ 355-124 Special use signs, temporary signs and promotional signs.

A. The following provisions shall apply to special use and temporary signs within Muhlenberg Township:

(1) Temporary signs announcing a campaign, drive or event of a civic, municipal, philanthropic, educational, institutional, religious or similar organization, provided the following criteria apply: the sign shall not exceed 12 square feet in area; no more than four signs shall be permitted; the sign may be erected for a period not to exceed 30 days in any calendar year; the sign shall be removed within seven days after the commencement of the campaign, drive or event.

[Amended 11-21-2016 by Ord. No. 563]

(2) Temporary signs for a yard sale or garage sale, provided the following conditions shall apply: the sign shall not exceed four square feet in area; no more than four signs shall be permitted; the sign may be erected for a period not to exceed 30 days in any calendar year; the sign shall be removed within two days after the yard sale or garage sale.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3) Temporary signs for contractors, developers, architects, engineers, builders, financiers and artisans may be permitted on the premises where the work is being performed, provided that the following criteria apply: the sign shall not exceed 12 square feet; the sign shall not be illuminated; no more than one sign shall be permitted for each street on which the project area or development has more than 300 feet of frontage; the sign shall not exceed 20 feet in height, and provided that all such signs shall be removed within seven days upon completion of the work.

[Amended 11-21-2016 by Ord. No. 563]

(4) Real estate signs for the selling, renting or leasing of residential properties shall be permitted, subject to the following conditions: the area of the sign shall not exceed six square feet; the total number of signs shall be limited to one sign per property; the sign shall be located at least 10 feet from the street right-of-way line; and the sign shall be removed within seven days after final transaction is completed.

(5) Real estate signs for the selling, renting or leasing of nonresidential properties shall be permitted, subject to the following conditions: the area of the sign shall not exceed 32 square feet; the spacing of such signs shall be at least 300 feet apart on the same lot or property; the sign shall be located at least 10 feet from the street right-of-way line; and the sign shall be removed within seven days after final transaction is completed.

(6) Political signs, being signs erected in conjunction with a political election, naming a candidate or slate of candidates for a primary or general election or referencing a position in support of or opposition to an issue placed in referendum, shall be installed so as to comply with all other terms of this chapter.

(7) Business and advertising signs located within a sports facility or venue, subject to the following criteria: the signs shall be located within the permitted sports facility or venue, such as a football stadium, Little League baseball field or similar playing field owned or operated by a not-for-profit organization or entity organized to promote youth sports teams; the nonprofit organization or entity is recognized and authorized in writing as such by the appropriate state and federal agencies; no more than one sign measuring a maximum of 24 square feet in area shall be permitted for each 500 square feet of playing field or ground-floor stadium area; all such signs shall be made of wood, plastic or metal; and all such signs may be located only on walls, fences, and scoreboards but shall not be mounted on light poles, roofs or other freestanding surfaces.

B. The following provisions shall apply to special event or seasonal signs for an existing nonresidential use, including signs, banners, flags, balloons, floodlights and other similar promotional features:

(1) The maximum size of a special event sign shall be 24 square feet. In the case of more than one sign, the combined area of all signs shall be no more than 24 square feet.

(2) No portion of a ground-mounted sign used to advertise a special event shall exceed the height of 32 inches. Any banner or wall sign used to advertise a special event shall not extend above the roofline of the building upon which the sign is displayed.

(3) A special event sign shall be fastened securely. Ground signs shall be anchored with a metal pipe or other secure support. Hanging signs shall be secured and not allowed to flap or sag.

(4) All seasonal signs must be maintained in accordance with the provisions of this chapter.

(5) The sign shall not obstruct the vision or sight distance of the operator of any vehicle or interfere with normal pedestrian movements. In no case shall the sign be located closer than two feet from the street right-of-way line. A plot plan showing the location of any special event sign must accompany each permit application.

(6) The special event sign may be two-sided with different advertisement displays on either side.

(7) The special event sign shall not contain flashing messages as part of the display.

(8) No such sign shall remain in place or otherwise be displayed for more than 30 days per event or season, and no person shall exhibit any such sign for more than a total of 120 days during any calendar year.

(9) The use of banners, flags, balloons, floodlights and other permitted promotional features may be utilized, provided they comply with the following provisions: they shall not be utilized on the property for more than 30 consecutive days or more than 120 cumulative days in any calendar year; they shall be located at least 20 feet from the street right-of-way line and 30 feet from the property line; only the balloons shall exceed the height of the roofline; and they shall not disrupt vehicular or pedestrian traffic along any public street right-of-way.

(10) A special event sign permit shall be required for each sign used to advertise any special event during any calendar year. The property owner, or lessee with the owner's permission, may make one permit application establishing all dates, times and the duration of each separate special event sign proposed to be displayed during a calendar year, or may make separate applications for each such event, providing the total does not exceed 120 cumulative days during any calendar year. The permit applicant shall pay the fee established by resolution of the Board of Commissioners. The special event sign permit shall be subject to the review and approval of the Muhlenberg Township Zoning Officer.

C. The following provisions shall apply to grand opening and promotional signs for a new nonresidential use, including signs, banners, flags, balloons, floodlights and other similar promotional features:

(1) The use of promotional signs and features shall be limited to the first 30 days after the initial occupancy permit is issued for the nonresidential use.

(2) The maximum area of a promotional sign shall be limited to two signs, which shall not exceed 24 square feet per sign. The promotional signs shall be located at least 10 feet from the street right-of-way line and 20 feet from all other property lines.

(3) All promotional banners, flags, balloons, floodlights and other permitted promotional features shall be located at least 20 feet from the street right-of-way line and 30 feet from the property line.

(4) No other promotional features other than the balloons shall exceed the height of the roofline.

(5) The promotional signs, banners, flags, balloons, floodlights and other similar promotional features shall not disrupt vehicular or pedestrian traffic along any public street right-of-way.

D. The following provisions shall apply to banners which are hung and displayed across public street rights-of-way to promote community events, including civic, municipal, charitable, philanthropic, educational, institutional, religious or events of similar organizations:

(1) The applicant must complete and submit a banner permit to the office of the Muhlenberg Township Manager or Zoning Officer at least 45 days prior to the desired date of hanging a banner over a public street or way. Upon approval by the Board of Commissioners, the banner(s) may be hung and displayed as set forth by the provisions established within this section of the chapter.

(2) The hanging of banners must be in complete conformance with the application, as submitted to Muhlenberg Township and as finally approved by the Board of Commissioners.

(3) The hanging and removal of banners is the sole responsibility of the applicant.

(4) No banner may hang lower than 18 feet over the street or public way.

(5) Unless otherwise approved by the Board of Commissioners, no more than eight banners may be displayed over any particular street or public way.

(6) Banners may not be hung more than 25 days prior to the date of the event being advertised and must be removed no later than five days after the conclusion of the event being advertised.

(7) Banners which are not removed within five days after the advertised event has concluded shall be removed by Muhlenberg Township, and the applicant shall be liable for the actual cost of removal.

(8) Banners hung across streets and other rights-of-way without proper approval or authorization shall be removed by Muhlenberg Township, and the responsible person(s) shall be liable for the cost of removal.

§ 355-125 Nonconforming signs and abandoned signs.

A. Signs existing at the date of enactment of this chapter of the Code which do not conform to the requirements of this chapter shall be considered nonconforming signs and subject to the following provisions:

(1) Any sign which is considered nonconforming based upon its location, height, clearance, visibility, projection, quantity and illumination shall only be replaced with a conforming sign.

(2) Any sign which is considered nonconforming based upon its size or surface areas shall only be replaced by a conforming sign.

(3) Nonconforming signs may be repaired and/or repainted, provided that the modifications do not exceed the dimensions of the existing sign or create any further nonconformities.

B. A sign shall be considered to be abandoned if the following conditions apply: a sign erected on a property for a specific use which becomes vacant and unoccupied for a period of one year or more; any sign which was previously erected for a prior occupant or business; or any sign which relates to a time, event or purpose which is considered a past event. The following provisions shall apply to signs which are considered "abandoned signs" within Muhlenberg Township:

(1) No person shall maintain or permit to be maintained on any premises owned or controlled by that person a sign which has been abandoned.

(2) An abandoned sign shall be removed by the landowner or person controlling the property within 10 days of the abandonment as described by this section of the chapter.

C. Upon the removal of any nonconforming sign or abandoned sign, whether temporary or permanent, such removal shall include all associated structures associated with the sign, including but not limited to posts, poles, brackets, arms, trailers and supports.

§ 355-126 Prohibited signs.

A. Unless otherwise specified by this chapter, the following signs shall be considered as prohibited signs, which shall not be permitted within Muhlenberg Township:

(1) Spinning, animated, twirling or any other moving objects used for commercial advertising purposes with or without a message.

(2) Flashing, blinking, twinkling, animated or lighted moving signs of any type, except those portions of signs that indicate time-and-temperature changes.

(3) Balloons, streamers, banner and promotion signs exceeding the provisions of § 355-124 of this chapter of the Code.

(4) Portable signs.

(5) Signs located on parked vehicles within 50 feet of the street right-of-way.

(6) Signs containing vulgar messages or depicting any lewd, pornographic, lascivious or other offensive acts.

(7) Any sign exceeding the provisions for location, placement, type, area, height, clearance, visibility, sight distance, projection, quantity and illumination, as specified within the Muhlenberg Township Code.

B. The Zoning Officer shall have the duties of determining if a sign is compliant or prohibited. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.