A.
Findings. In conjunction with the adoption of the sign regulations of this article and the purposes and intentions set forth in § 660-94B and C the City Council makes all of the following findings:
(1)
The City has a substantial and compelling interest in regulating signs in a way that avoids or reduces the harms and hazards caused by signs and advancing the purposes set forth in § 660-94B.
(2)
Unlike oral speech, signs can obstruct views, distract motorists, displace alternative uses for land, contribute to visual clutter, and pose other problems that legitimately call for regulation.
(3)
Regulation of the size, height, number and spacing of signs throughout the City is necessary to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the City, to protect public and private investments, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter, to provide an aesthetically appealing environment, to provide ample, meaningful opportunities for persons who desire to display information on signs to have their information seen and understood, and to provide for the orderly and reasonable display of advertising and other messages for the benefit of the public.
(4)
The sign regulations of this article are not anticipated to entirely eliminate all of the harms that may be created by the installation and display of signs. Rather they strike an appropriate balance that preserves ample channels of communication by means of visual display while reducing and mitigating the extent of harms that may be caused by uncontrolled sign displays.
(5)
Some signs have a single targeted function that makes identifying them by name or description difficult if not impossible without referring to the sign's function. Whenever a sign is described, in part, by referring to the function it serves, the provisions of this section that limit such a sign are designed to be neutral with respect to the content of the speech appearing on the sign.
(6)
These regulations are not intended or designed to restrict or control signs for the purpose of promoting or stifling any messages that might appear on them.
B.
Purpose. The sign regulations of this article are intended to balance the following differing, and at times competing, goals:
(1)
To accommodate the effective use of signs as a means of identification and communication for businesses, organizations and individuals;
(2)
Promoting the aesthetic and environmental values of Allentown by providing for signs that serve as effective means of communication and do not impair the attractiveness of the City as a place to live, work, visit, and shop;
(3)
Protecting public investment in and the character and dignity of public buildings, streets, and open spaces;
(4)
Protecting the distinctive physical character of Allentown's unique natural features, neighborhoods, street patterns, architectural features, and natural and historic resources;
(5)
Ensuring that signs are designed and proportioned in relation to the structures to which they are attached, adjacent structures, and the streets on which they are located;
(6)
Enhancing public right-of-way and other public spaces by preserving views and fostering the unobstructed growth of trees;
(7)
Providing an environment that safeguards and enhances neighbourhood livability and property values, and promotes the development of businesses in the City;
(8)
Reducing hazards to motorists, bicyclists, and pedestrians caused by visual distractions and obstructions; and
(9)
Providing broadly for the expression of individual opinions through the use of signs.
C.
Intent.
(1)
Time, place, and manner restrictions. The regulations of this article are intended to regulate the composition, type, location, placement, height, size, quantity, illumination, duration, and manner of signs and advertising devices that may be displayed. The regulation of these aspects of signs and sign structures is a valid and lawful means of achieving the purposes of this article. These intentions and purposes are valid and lawful governmental interests.
(2)
Content neutrality. The City intends to adopt and implement regulations that are content-neutral. It is not the intent to regulate the content of messages in any way. It is not the intent of this article to foreclose important and distinct mediums of expression for political, religious, or personal messages, on any sign permitted to be erected by this article. It is the intent of this article to allow political, religious, or personal (noncommercial) messages on any sign permitted to be erected by this article.
(3)
Extent. The regulations of this article are considered no more extensive than necessary to serve the substantial public interests promoted by this article.
D.
Applicability. All signs on private property are subject to the sign regulations of this article and all other applicable provisions of this chapter except that the following signs are exempt from the sign regulations of this article:
(1)
Street address displays and building identification numbers that are essential to the location of properties and buildings;
(2)
Cemetery stones and markings of individual graves or burial plots;
(3)
Holiday decorations, provided that they are removed within 30 days of the holiday to which they pertain;
(4)
Official government flags;
(5)
Signs that are not legible to persons with 20:20 eyesight when viewed from a height of 4.5 to five feet above ground level of abutting properties or public rights-of-way;
(6)
Murals on building walls that contain no commercial message;
(7)
Official signs or governmental or court-issued notices;
(8)
Signs that are necessary to warn persons of significant threats on the premises to their physical safety;
(9)
Scoreboards that are part of a public or private recreational facility and that are oriented to be viewed by spectators within the facility; and
(10)
Official traffic control signs and other signs and devices installed under the authority of the state or a local government.
E.
Substitution.
(1)
Any sign allowed under this article may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, as long as the sign complies with all size, height, location and other applicable requirements of this article.
(2)
The purpose of the substitution provisions of this section is to ensure "content neutrality," thereby avoiding any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.
(3)
The substitution provisions of this section do not create a right to increase the total amount of signs on a lot or allow the substitution of an off-premises outdoor advertising sign for an on-premises sign.
F. ATTACHED SIGN AWNING SIGN BANNER BOX SIGN COMMERCIAL MESSAGE CONSTRUCTION SIGN DWELL TIME DYNAMIC DISPLAY FEATHER SIGN FLASHING SIGN FREESTANDING SIGN ILLUMINATED SIGN INDIRECTLY ILLUMINATED SIGN NONCOMMERCIAL MESSAGE OFF-PREMISES OUTDOOR ADVERTISING SIGN (BILLBOARD) OFFICIAL SIGN ON-PREMISES SIGN PENNANT POLITICAL SIGN PORTABLE SIGN PROJECTING SIGN REAL ESTATE SIGN ROOF SIGN SANDWICH BOARD SIGN SIGN SUSPENDED SIGN TEMPORARY SIGN WALL SIGN WINDOW SIGN
Sign-related definitions. The definitions of this section apply in administering and interpreting the sign regulations of this chapter.
A sign that is attached to a building, including wall signs, awning signs, suspended signs, and projecting signs.
A sign that is mounted or printed on, or attached to, an awning, canopy, or marquee but that does not project above, below or beyond the awning, canopy or marquee.
A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such non-rigid material for background.
A sign that is self-enclosed in a cabinet, with or without internal lighting, whether single- or double- faced.
Any wording, logo, or other graphic representation that directly or indirectly names, advertises, or calls attention to a business, product, service or other commercial activity.
A temporary sign located on a lot upon which permitted building or construction activity is actively occurring.
The duration or interval of time during which each individual advertisement or message is displayed on any sign with a dynamic display.
Any element of a sign or sign structure capable of displaying words, symbols, figures, images or messages that can be electronically or mechanically changed by remote or automatic means, thereby presenting a series of images, messages, or displays.
A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which may resemble a sail, bow, or teardrop.
An illuminated sign that is not kept constant in intensity at all times when in use, and that exhibits sudden or marked changes in lighting effects.
An on-premises sign supported by, or suspended from, a freestanding column or other support located in the ground, and that is not attached to a building.
A sign that has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes as part of the sign.
An illuminated, non-flashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source into residential districts or public streets.
Wording, logos, or other graphic representations that do not directly or indirectly name, advertise, or call attention to a business, product, service or other commercial activity.
A board, panel or tablet used for the display of advertising matter that directs attention to a business, product, service, or activity not conducted, sold or offered upon the premises where such sign is located.
A sign erected by a federal, state, county or City agency, or specifically authorized by a City ordinance or resolution, and that exists for public purposes. Such signs include announcements of governmental funding.
A sign that directs attention to a business, profession, product, service, or activity sold or offered upon the premises where such sign is located.
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
A temporary sign displayed on a lot during an active local, state, or federal campaign for public office or ballot issue or referendum.
An on-premises sign that can be moved from place to place and that is not permanently located, or anchored, in the ground or permanently attached to a building. Examples include signs commonly known as "reader boards," signs carried from place to place on a flatbed truck or trailer that are clearly intended for the purpose of advertising an event, business, product, or other use not associated with the operator of the vehicle, and hot air or gas-filled balloons or other figures tethered to the ground or a building.
An on-premises sign that is attached directly to an exterior wall and that extends more than 15 inches from the face of such wall.
A temporary sign located on a lot or portion of a lot that is actively being marketed for sale, rental or lease.
A wall or projecting signs that exceeds the height of the building to which it is attached. Signs mounted on a parapet wall that is an architectural extension of the facade are not considered roof signs if they have no visible support structures and do not extend more than five feet above the roof line of the building. Signs attached to a roof or parapet that do not meet the definition of a roof sign are regulated as attached signs.
A movable A-frame or T-frame sign that advertises a commercial business located on the premises, and is placed outside only when the business is open. For purposes of this chapter, a sandwich board sign is not considered a temporary or portable sign.
Any name, identification, description, display, illustration or device that is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public, and that directs attention to a product, place, activity, person, institution, business or idea.
A sign that is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and is supported by such surface.
A sign, banner, or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.
An on-premises sign that is attached to the wall of a structure with the face in a plane parallel to such wall, and not extending more than 15 inches from the face of such wall.
An on-premises sign that is attached to, painted on or readable through an exterior window or door.







