[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono 2-18-2003 by Ord. No. 3A-2003. Amendments noted
where applicable.]
Signs constitute a separate and distinct use
of the premises upon which they are placed and also affect the use
of adjacent roads, streets, walkways and other properties. The provisions
of this chapter are made to establish reasonable and objective regulations
for all signs in this municipality which are visible to the public,
in order to protect the general public health, safety, welfare, convenience
and aesthetics. This chapter is also intended to serve the public's
need to be given helpful directions and to be informed of available
products, businesses and services. All signs in the Borough of Mount
Pocono that are visible to the public shall be subject to this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure or part of a structure attached to, or otherwise
mounted parallel to, a wall or other vertical part of the structure.
The entire area within a single continuous perimeter composed
of a single face enclosing the extreme limits of characters, lettering,
illustrations, ornamentation or other figures, together with any other
material, design or color forming an integral part of the display,
including the frame.
The members of the community as a whole or any particular
part of the community.
A building or group of buildings located on a lot containing
10 acres or more. A resort/community development combines nonpermanent
lodging with services, including food, retail sale of commodities,
recreation and other amenities. A resort/community development may
temporarily house owners and other residents who do not have full
ownership of residential units, full-fledged members and their guests.
The roof slab or deck with its supporting members, not including
vertical supports.
The projecting overhang at the lower edge of a roof.
The top edge of a roof or building parapet, whichever is
higher, but excluding any mansards, cupolas, pylons, chimneys or any
minor projections.
The upper and lower roof ridges are the horizontal lines
formed by the juncture of two sloping planes formed by the surfaces
of a roof as indicated in Figures 1-1 and 1-2.[1]
An enclosed structure on or above the roof of any part of
a building.
A name, identification, description, emblem, display or device
which is affixed to, printed on, or represented directly or indirectly
upon a building, structure, or parcel of land which is illuminated
or nonilluminated, visible or intended to be visible from any public
place, and which directs or calls attention to a person, place, product,
institution, business, organization, activity or service. Signs shall
also include any permanently installed or situated merchandise, including
any banner, pennant, placard, statue, vehicle or temporary sign. Certain
categories of signs are defined below. Other categories of signs are
defined elsewhere in this chapter.
ABANDONED SIGNA sign located on a property which is vacant and/or unoccupied for a period of 90 days; a sign which is damaged, in disrepair, or vandalized and not repaired within 90 days; and a sign which contains an outdated message for a period exceeding 30 days.
AMENITY IDENTIFICATION SIGNA sign which directs attention to a resort/community commodity, service, recreational area or other amenity.
AWNING SIGNA sign with its copy on a shelter made of any nonrigid material, such as fabric or flexible plastic that is supported by, or stretched over, a frame and attached to an exterior wall of a building or other structure.
BANNER SIGNA sign with its copy on nonrigid material, such as cloth, plastic, fabric or paper with no supporting framework.
BULLETIN BOARDA particular type of changeable copy sign that displays copy in a casement made of glass, Plexiglas or other materials.
CANOPY SIGNA sign on a rigid multi-sided structure attached to a building or on any other freestanding structure that may have a roof with support but no walls.
CHANGEABLE SIGNA sign that is designed so that its characters, letters, illustrations or other content can be changed, altered or rearranged without physically altering the permanent physical face or surface of the sign. This includes manual, electrical, electronic or other variable message signs.
CONSTRUCTION SIGNA temporary sign identifying individuals or companies involved in design, construction, wrecking, financing or development work when placed upon the premises where that work is under way, but only for the duration of the work.
DIRECTIONAL/INFORMATIONAL SIGNAn on-premises sign for the convenience of the public giving directions, instructions, facility information or other assistance around a site, such as location of exits, entrances, parking lots, amenities and housing units, to encourage proper circulation. It may contain the logo of an enterprise but no other advertising copy.
DIRECTORY SIGNA sign that displays the names and/or addresses of the establishments, housing units, amenities or uses of a building or group of buildings.
FLASHING SIGNAny sign that has intermittent or changing lighting or illumination of a duration less than 30 seconds shall be deemed a flashing sign.
FREESTANDING SIGNThe general term for any sign that is permanently affixed to the ground and on a foundation. It is supported on a foundation by one or more upright poles or braces and is not attached to a building or any other structure.
HOUSING AND COMMUNITY UNIT IDENTIFICATION SIGNA sign within a commercial resort community or common interest realty community (e.g., condo, co-op or planned community) identifying individual units, as well as groupings of units within the community.
ILLEGAL SIGN- A sign that does not meet the requirements of this chapter or which is not a registered nonconforming sign. This specifically includes a sign that remains standing when the time limits set by the permit are exceeded and any sign not removed after notification from the Borough’s Zoning Officer to remove the sign.
ILLUMINATED SIGNA sign illuminated in any manner by an artificial light source, whether internally or externally lighted, including, but not limited to, neon signs and any sign that has characters, letters, figures, designs or outlines illuminated by artificial lighting.
INFORMATIONAL SIGNPublic or private directional, street or traffic signs, address numbers, names of buildings, rooms and other signs of a similar nature.
INSTRUCTIONAL SIGNA sign that provides direction or instruction to guide persons to facilities intended to serve the public (e.g., rest rooms, public telephones, public walkways, parking areas, commercial resort/community amenities, maps, housing units or transportation schedules).
MARQUEE SIGNAny sign attached to a covered structure projecting from and supported by a building with independent roof and drainage provisions erected over a doorway or doorways as protection against the weather.
MONUMENT SIGNA freestanding sign with a base affixed to the ground where the length of the base is at least 2/3 the horizontal length of the monument.
NONCONFORMING SIGNA sign that met all legal requirements when constructed but is not in compliance with current sign regulations. A registered nonconforming sign is not an illegal sign.
OFF-PREMISES SIGN- Sign, graphic or a display for commercial, industrial, institutional, service or entertainment purposes, promoting products, uses or services conducted, sold or offered somewhere other than upon the same premises where the sign is located and whose purpose is to sell or identify a product, service or activity. In the context of this subsection, the word “premises” shall be interpreted as being a separate tract or parcel of land that has been or may be conveyed by deed or has otherwise been specified as a separate lot on an approved land development plan.
ON-PREMISES SIGNSign, graphic or a display for commercial, industrial, institutional, service or entertainment purposes, promoting products, uses or services conducted, sold or offered upon the same premises where the sign is located and whose purpose is to sell or identify a product, service or activity. In the context of this subsection, the word premises shall be interpreted as being a separate tract or parcel of land that has been or may be conveyed by deed or has otherwise been specified as a separate lot on an approved land development plan.
PERSONAL SIGNA sign including name plates, home occupation signs and other signs of a similar nature.
PLAZA SIGNA one- or two-sided structure displaying smaller signs, each of equal size.
POLE SIGNA freestanding sign with a base supported from the ground by a pole or a similar support structure of narrow width.
POLITICAL SIGNA temporary sign larger than four square feet identifying, either singly or combined, a political candidate, slate of candidates, issue or party. These signs are used or intended to be used for the display of any announcement, advertisement or notice of any individual candidate or slate of candidates for any public office or similar political purposes.
POLITICAL YARD SIGNA temporary political sign four square feet or smaller.
PORTABLE SIGNSign, graphic or a display for commercial, industrial, institutional, service, entertainment or informational purposes which can be readily moved from place to place and which is not affixed to a building, to another permanent structure or to the ground.
PROJECTING SIGNA sign which is supported by an exterior wall of a building or other structure and which is constructed and displayed perpendicular to the face of the building or other structure so that both sides of the sign are visible.
REAL ESTATE SIGNA temporary sign that is used to offer for sale, lease or rent the premises upon which the sign is placed.
ROOF SIGNA sign which is erected, constructed and maintained on or above the roof of a building.
TEMPORARY SIGNA sign displayed for a fixed, terminable length of time. Temporary signs must be removed after the temporary purpose has been served. Included are for sale, lease or rent signs, political signs, service signs, special event signs, construction signs, directional signs to special or temporary events and signs of a similar nature.
WALL SIGNA sign painted on, or attached to, a wall or window of a building or other structure and which is mounted parallel to the surface so that only one side is visible to the public.
WARNING SIGNA sign containing no advertising material but which warns the public of the existence of danger.
[1]
Editor’s Note: Figures 1-1 and 1-2 are
included at the end of this chapter.
The Administrator of this chapter shall be the
Borough’s Zoning Officer who shall have the responsibility and
authority to administer and enforce all provisions of this chapter,
other than those provisions with powers specifically reserved to the
Borough Council or the Borough’s Zoning Hearing Board.
No sign, except as provided by § 164-5, Exempt signs, and § 164-23, Nonconforming signs, shall be erected, displayed, altered, relocated or replaced until the municipality issues a sign permit.
A.
Permit application. An application for a sign permit
shall be submitted on a form provided by the Borough and completed
as required. At a minimum, the application shall have attached to
it the following information in either written or graphic form:
(1)
Location of the sign on the premises in relation to
lot lines, buildings, sidewalks, streets, public rights-of-way and
street intersections within 300 feet of the proposed sign.
(2)
Type of sign (e.g., freestanding, pole, monument,
wall) and a general description of structural design and construction
materials.
(3)
A drawing of the proposed sign containing specifications
showing the height, perimeter, area, dimensions, type of lettering
proposed, means of support, method of illumination and any other significant
characteristics.
(4)
Any other information requested by the Zoning Officer
in order to carry out the purpose and intent of this chapter.
(5)
The required sign permit fee as established by resolution
of the Borough Council. Permit fees will cover the cost of administering
this chapter for compliance with its purpose.
(6)
A landscaping plan for any freestanding sign shall
be created as follows:
(a)
A landscaped island containing shrubs and/or
flowers with a minimum of 32 square feet in area and a minimum of
one foot in height is required around all off-premises pole and monument
signs.
(b)
The island shall be formed from materials such
as, but not limited to, stone, brick or landscape timbers. The area
of the island shall be maintained to keep it free of weeds, debris
and brush.
(c)
A sketch of the sign and island shall be submitted
with the sign permit application for review and approval by the Zoning
Officer.
B.
Permit review and action. The Borough’s Zoning
Officer shall review the sign permit application and issue or deny
the permit in conformance with the following standards:
(1)
Official date. The official date of submission shall
be the day the Zoning Officer determines that the completed application
with all required or necessary data has been properly prepared and
submitted.
(2)
Time to decide. The Zoning Officer shall determine
whether the proposed sign will or will not be in compliance with the
requirements of this chapter and shall, within 30 days of the official
date of submission, issue or deny the sign permit.
(3)
Photograph. When the sign has been completed, the
applicant shall photograph the completed sign and forward the photograph
to the Zoning Officer. The Zoning Officer shall then inspect the sign.
(4)
Inspection for compliance. The Zoning Officer, or
a designee, shall perform a final inspection after installation of
any approved sign. The Zoning Officer will then complete the Borough’s
portion of the sign application and forward the completed application
form to the applicant. The final dimensions of the sign will be noted
by the Zoning Officer, either on the back of the photograph of the
sign or at any other appropriate place, which information shall be
filed at the Borough’s offices along with the completed application.
(5)
Discrepancies. Any discrepancies between any sign
as approved and the sign as constructed shall be identified in writing
by the Zoning Officer and may result in the halt of construction and
correction of the discrepancy. If the discrepancy is not corrected
within 20 days after written notice, the sign may be ordered removed
by the Zoning Officer.
(6)
Complaints. The Zoning Officer shall investigate any
complaints of violations of these regulations and may revoke any permit
if there is any violation of these regulations or if there was any
misrepresentation of any material fact in either the sign permit application
or the plans.
(7)
Biennial inspection. The Zoning Officer, or a designee,
shall complete a biennial inspection of all regulated signs on or
about the anniversary date of the issuance of the permit for each
sign and shall determine if the sign is in conformance with this chapter.
If any sign is not in conformance, the Zoning Officer will revoke
the permit for that sign and may remove, or order the removal of,
that sign at the expense of the owner or lessee.
(8)
Annual license fee. An annual license fee shall be
paid in accordance with any resolution of the Borough Council establishing
the annual license fee schedule.
(9)
Penalty fee. If the annual license fee is paid later
than 40 days from the date of the invoice requesting payment, a penalty
fee equal to 50% of the cost of the annual license fee shall be assessed.
At the end of 90 days, the unpaid annual license fee will bear interest
at 18% APR. If the annual license fee has not been paid at the end
of 120 days from the date of the invoice, the applicable sign will
be ordered removed by the Zoning Officer with the cost of removal
to be borne by its owner or the landowner.
(10)
Revocation of permit. All rights and privileges acquired under the provisions of this chapter are mere licenses and, as such, are revocable for cause by the Zoning Officer. All permits issued pursuant to this chapter are hereby subject to this provision. See Subsection D.
(11)
Registration of signs. All signs must be registered
with the Borough. Signs that are certified as nonconforming and are
registered under this chapter may continue to be displayed, replaced
or altered to conform with this chapter. All signs erected after the
effective date of this chapter must comply with it. Appropriate notice
will be provided to all existing sign owners upon the adoption of
this chapter.
(12)
Information to be affixed on signs. All signs erected
after the effective date of this chapter shall have the following
information permanently affixed in a conspicuous place:
(13)
Violations. Any sign that has not been certified and
registered as nonconforming or that has not received a permit from
the Zoning Officer within one year of the effective date of this chapter
shall be deemed to be in violation of these regulations and shall
be ordered removed by the Zoning Officer with the cost of removal
to be borne by its owner or the landowner.
C.
Expiration of sign permit.
(1)
If the sign authorized by any sign permit has not
been erected or completed within 120 days from the date of issuance
of that permit, the sign permit shall be deemed expired.
(2)
An expired sign permit may be renewed within 30 days
from the expiration date for good cause shown and upon payment of
a permit extension fee as established by resolution of the Borough
Council.
D.
Revocation of a sign permit. The Zoning Officer shall
revoke any sign permit if the sign, whether new or preexisting, is
moved or otherwise altered either intentionally or by natural forces
in a manner which causes the sign not to be in conformity with this
chapter. Signs must be properly maintained, properly painted and be
kept free from all hazards including, but not limited to, faulty wiring,
loose fastenings, being in an unsafe condition or detrimental to public
health, safety or general welfare. In the event of a violation of
any of the foregoing provisions, the Zoning Officer shall give written
notice specifying the violation to the current owner of the sign and
the current owner of the land upon which the sign is erected to conform
or to remove the sign. The sign shall be made to conform to the permit
requirements within 30 days from the date of the notice; or, the Zoning
Officer shall revoke the sign permit and the subject sign shall be
removed by the sign owner or the landowner.
E.
Removal of the violating sign. After issuing an enforcement
notice that complies with the Municipalities Planning Code Section
616.1,[1] as amended, the Zoning Officer shall have the power to
remove, cause to be removed, or order the removal of, signs that are
in violation of this chapter. The Zoning Officer has the option of
waiving the removal of a sign, if the business is for sale. The removal
will be completed at the expense of the sign’s owner or the
landowner, or both. Removal shall take place in the following instances:
(1)
When any sign constructed after the adoption of this
chapter or any amendment to it is not in conformance with the provisions
of this chapter.
(2)
When the Zoning Officer finds a sign which presents
immediate peril to persons or property.
(3)
When any sign, whether existing on, or erected on
or after, the effective date of this chapter is declared obsolete
for any of the following reasons:
(a)
Any directional or off-premises sign which refers
or pertains to a business or facility, the affairs of which are discontinued
for a period of six months or more.
(b)
Any sign which pertains to a time, event or
purpose which no longer exists or applies.
(c)
On-premises signs for any business or facility
which has been vacant, unoccupied or not actively offered for sale
for a period of six months or more.
(4)
Any sign for which the annual license fee has not
been paid within 120 days from the date of the invoice requesting
payment.
[1]
Editor’s Note: See 53 P.S. § 10101
et seq.
Sign permits shall not be required for the following:
A.
Decals. Decals affixed to windows or door glass panels,
such as those indicating membership in a business group or identifying
credit cards accepted at the establishment.
B.
Flags, emblems and insignia of government agencies,
religious, charitable, public or nonprofit organizations. These types
of signs are exempt from permit requirements but are subject to the
following requirements:
(1)
No single flag that is flown shall exceed 40 square
feet in area and no single property shall fly more than three flags.
(2)
If the total area of flags that are flown exceeds 72 square feet, the excess area shall be included in the on-premises freestanding sign area calculations for that property. See § 164-10.
(3)
Flagpoles shall not exceed 40 feet in height.
(4)
Wall-mounted flags, emblems, insignias or logos shall
be limited to one per property and shall not exceed 40 square feet
in area.
C.
Garage or yard sale signs. Signs advertising garage
sales or yard sales are permitted provided that no sign shall exceed
four square feet in area and is not erected more than four days prior
to the event. One yard sale sign shall be allowed on-premises. All
signs must be removed one day after the close of the garage or yard
sale.
D.
Handicapped parking space. Signs not exceeding two
square feet in area reserving parking for handicapped individuals.
E.
Name and address. Up to two signs, containing the
address and the number and/or name of occupants of the premises, that
do not exceed two square feet in area per side and do not include
any commercial advertising or other identification.
F.
Private drive signs. On-premises private drive signs
are limited to one per driveway entrance, not exceeding two square
feet in area, with language limited to the words “private drive”
and the addresses of any residents using the private driveway.
G.
Public signs. Signs erected by government agencies
or utilities, including traffic, utility, safety, railroad crossing
and identification signs for public facilities and any signs erected
by the Borough under the direction of the Borough Council.
H.
Security and warning signs. On-premises signs regulating
the use of the premises, such as “no trespassing”, “no
hunting” and “no soliciting”, that do not exceed
one sign of two square feet in area in residential zones and one sign
of five square feet in area in commercial and industrial zones. These
limitations shall not apply to the posting of conventional “no
trespassing” signs in accordance with state law.
I.
Temporary real estate signs. Display of these signs
shall be limited to one per property and six square feet in area in
residential zones and 32 square feet in all other zones. These signs
must be removed within 30 days of closing or leasing of the property.
The following signs are expressly prohibited
unless otherwise stated in these regulations:
A.
“A” frame/wheeled signs. Any portable
“A” frame or similar portable sign except on a temporary
basis not to exceed 72 consecutive hours and not more than once per
year.
B.
Animated and moving signs. A sign or other display
with either kinetic or illusionary motion powered by natural, manual,
mechanical, electrical or other means, including, but not limited
to, flags having commercial messages, all pennants, banners, streamers,
propellers and discs, flashing signs and signs with illuminated elements
that are used to simulate the impression of motion and searchlights.
C.
Flashing and message signs. Any signs that include
lights or messages which change, flash, blink or turn on and off intermittently,
but specifically excluding time and temperature signs which display
no other text or images.
D.
Glaring signs. Signs with light sources or which reflect
brightness in a manner which constitutes a hazard or nuisance. This
includes signs with fluorescent text, graphics or background, as well
as holographic signs.
E.
Inflatable signs and other objects. Signs and other
objects that are inflated, including, but not limited to, balloons.
One bouquet of balloons shall be allowed on premises that sell balloons.
Balloons shall also be permitted in temporary situations or on special
occasions at a residence.
F.
Mirrors. A minor device used as part of a sign.
G.
Multiple signs. Multiple signs, logos or insignia
on a canopy or canopies attached to a building or other structure.
H.
Obstructive signs. A sign or other advertising device
erected or maintained at any road intersection in a manner which obstructs
free and clear vision of the intersection.
I.
Posters and handbills. Any signs affixed to any structures,
trees or other natural vegetation, rocks or poles.
J.
Roof signs. Roof signs are on-premises signs and shall conform to § 164-10 and all other sections of Chapter 215, Zoning. Acceptable and prohibited roof signs are illustrated in Figures 1-1 and 1-2.[1] Eaves, lower ridges and upper ridges are illustrated in
Figures 1-1 and 1-2.
(1)
With the exception of gambrel, mansard and hip-on-gable
roof signs, roof sign height shall not exceed 25% of the vertical
height from the roof eave to the highest roof ridge (see Figures 1-1
and 1-2).
(2)
The height of roof signs on gambrel, mansard and hip-on-gable
roofs shall not exceed 25% of the vertical height from the roof eave
to the lower roof ridge (see Figures 1-1 and 1-2).
(3)
Cross-hipped roofs may contain only one sign on the
roof area that is parallel to and facing the street (see Figure 1-2).
(4)
Roof signs are prohibited on flat roofs with eaves
and on flat roofs with parapets (see Figure 1-2).
(5)
All roof signs shall be affixed to the roof of a structure.
The supporting design should be structurally sound as determined by
the Zoning Officer and the Borough Engineer.
[1]
Editor’s Note: Figures 1-1 and 1-2 are
included at the end of this chapter.
K.
Sign emissions. A sign that emits smoke, visible vapors,
particles, sound or odor.
L.
Signs adversely affecting safety. Signs that prevent
free ingress or egress from any door, window, fire escape or that
prevent free access from one part of the roof to any other part. No
sign of any kind shall be attached to a stand-pipe or fire escape.
Open flames used to attract public attention to a place of business
or to an advertising sign.
M.
Simulated traffic signs and obstructions. Any sign
that may be confused with, or obstruct the view of, any authorized
traffic sign or signal, obstruct the sight-distance triangle at any
road intersection or extend into public rights-of-way.
N.
Strings of light. Any devices including lights that
outline property lines, sales areas or any portion of a structure
and are intended to advertise or draw attention to a business or commercial
activity, except as follows:
O.
Vehicle signs. Any sign displayed on a parked trailer
or other vehicle where the primary purpose of the vehicle is to advertise
a product, service business or other activity. This regulation, however,
shall permit the use of business logos, identification or advertising
on vehicles primarily and actively used for business purposes.
The regulations in this section specify the
area and heights of signs that are allowed within the Borough and
require a permit.
A.
Determination of gross sign area. The area of a sign
shall 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.
(1)
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 single smallest rectangle
or other regular geometric shape which encompasses all of the letters
and symbols, including the sign background and frame.
(2)
In computing square-foot area of a double-faced sign,
only one side shall be considered provided both faces are identical
in size, otherwise the larger side shall be considered. If the interior
angle formed by the faces of the double-faced sign is greater than
45°, then all sides of the sign shall be considered in calculating
the sign area.
B.
Determination of sign height. The height of all signs
shall be determined as follows:
(1)
The height of a sign erected within 30 feet of a road
right-of-way line shall be measured from the natural grade level of
the nearest edge of the travelway of the adjacent road to the top
of the sign or sign structure.
(2)
The height of all signs erected beyond 30 feet from
a road right-of-way line shall be measured from the natural grade
level immediately adjacent to where the sign is erected to the top
of the sign or sign structure.
All signs erected within the Borough shall conform
to the applicable building codes and to the following general requirements:
A.
Design. No sign or part of a sign shall contain or
consist of banners, posters, pennants, ribbons, streamers, spinners
or other similar moving, fluttering or revolving devices. None of
these devices, nor any strings of light, shall be used for the purpose
of advertising or getting attention when not part of a sign, except
as follows:
(1)
In the case of a grand opening or similar event, banners,
posters, pennants, ribbons, streamers, spinners or other similar moving,
fluttering or revolving devices may be used for a period of seven
consecutive days upon application for a special sign permit.
(2)
All temporary seven-consecutive-days signs shall be affixed at all four corners or attached to a stable, flat surface. Temporary signs affixed to buildings shall be considered temporary wall signs and shall conform to the requirements in § 164-12.
(3)
Banners spanning municipal roadways are prohibited.
Banners spanning state roadways require permission from the Pennsylvania
Department of Transportation and issuance of a highway occupancy permit.
B.
Limitation on number of signs. Any business shall
be limited to two on-premises exterior signs advertising that business,
including freestanding signs and signs attached to a building but
excluding window decals and on-premises directional signage.
C.
Maintenance. Every sign, including those specifically
exempt from permits and permit fees, shall be maintained in good repair
and in a safe, clean and attractive condition.
D.
Sign illumination. Illuminated signs or sign lighting devices shall employ only lights emitting a light of constant intensity (see § 164-6C) and no sign shall be illuminated by or contain flashing, intermittent rotating or moving light. No sign or lighting device shall be placed or directed to permit the beams and illumination to be directed or beamed upon a public road, highway, sidewalk or adjacent premises so as to cause a traffic hazard or nuisance.
E.
Sign materials and construction. All signs shall be
constructed of durable materials, designed to withstand expected wind
pressures and erected so as not to sustain damage and deterioration
from the elements. No sign shall contain iridescent or “day-glo”
paint.
F.
Street rights-of-way. No sign or advertising device,
including projecting signs, shall be located in or project over any
road right-of-way nor be located within the clear sight triangle of
any intersection except for any public signs or signs erected by a
governmental agency.
Off-premises signs include signs, graphics and
other displays for commercial, industrial, institutional, service
or entertainment purposes, promoting products, uses or services conducted,
sold or offered elsewhere than upon the same premises where the sign
is located. These signs are allowed only in commercial and industrial
zoning districts and are subject to the following:
A.
Engineering certification. An engineering certification
shall accompany the application for an off-premises sign permit. The
engineering certification shall indicate, under the seal of a professional
engineer, that the existence of the proposed off-premises sign shall
not present a safety hazard.
B.
Landscaping. A landscaped island containing shrubs
and/or flowers with a minimum of 32 square feet in area and a minimum
of one foot in height is required around all off-premises pole and
monument signs. The island shall be formed from materials such as,
but not limited to, stone, brick or landscape timbers. The area of
the island shall be maintained to keep it free of weeds, debris and
brush. A sketch of the sign and island shall be submitted with the
sign permit application for review and approval by the Zoning Officer.
C.
Permit sticker. Once an off-premises sign has obtained
a permit, the permit sticker provided with the permit by the Borough
shall be affixed to the sign face.
D.
Replacement signs. A “Tri-Vision” or equivalent
sign (e.g., a sign that has rotating, triangular cross-section members
which changes the sign’s display in its entirety) may be constructed
when used to replace up to three existing off-premises signs which
do not meet separation distances required by this chapter.
E.
Sign area. The maximum area for any off-premises sign
shall be 100 square feet per side.
F.
Sign height. No portion of any off-premises sign shall
be more than 30 feet above the highest elevation of the surrounding
natural grade.
G.
Sign separation distance. The minimum distance required
between all off-premises signs shall be 2,640 feet (i.e., 1/2 mile)
as measured along the center line of the abutting roadway. Signs located
on the opposite sides of the road or in an adjacent municipality are
subject to this distance requirement. These signs shall be located
according to the following standards:
H.
Sign setbacks. Off-premises signs shall be located
in accordance with the building setbacks for structures located in
the commercial or industrial zoning district.
I.
Special exception. Off-premises signs are allowed
only upon the granting of a special exception by the Zoning Hearing
Board in compliance with the standards in this chapter.
J.
Trees. Any tree greater than four inches in diameter
which is removed for construction of a sign shall be replaced on-site
at a ratio of one replacement tree for each removed tree using native
species no less than three inches in diameter.
On-premises signs include signs, graphics and
other displays for commercial, industrial, institutional, service
or entertainment purposes, promoting products, uses or services conducted,
sold or offered on the same premises where the sign is located. These
signs are allowed only in commercial and industrial zoning districts
and are subject to the following:
A.
Landscaping. A landscaped island containing shrubs
and/or flowers with a minimum of 32 square feet in area and a minimum
of one foot in height is required around all on-premises pole and
monument signs. The island shall be formed from materials such as,
but not limited to, stone, brick or landscape timbers. The area of
the island shall be maintained to keep it free of weeds, debris and
brush. A sketch of the sign and island shall be submitted with the
sign permit application for review and approval by the Zoning Officer.
B.
Number of signs allowed per lot. The number of freestanding
signs or other displays allowed per lot or parcel of commercial property
shall be as follows:
(1)
For lots having up to 100 linear feet of frontage
on any public or private street, one sign not exceeding one square
foot in area for every two linear feet of lot frontage, up to a maximum
of 25 square feet in area.
(2)
For lots having 100 linear feet to 250 linear feet
of frontage on any public or private street, one sign not exceeding
50 square feet in area.
(4)
Any business shall be limited to two on-premises exterior
signs advertising that business, including freestanding signs and
signs attached to a building, but excluding window decals and on-premises
directional signage.
C.
Sight hindrance. No freestanding sign or other display
shall be erected so as to block or obstruct the sight line of automobiles
exiting from the premises.
D.
Sign height. No portion of any freestanding on-premises
sign or other display shall be more than 20 feet above the highest
elevation of the natural grade immediately adjacent to the sign.
E.
Sign location. All freestanding signs or other displays
shall be erected at least 10 feet from any property line or right-of-way
and shall be located outside all clear sight triangles or a minimum
of 10 feet from the edge of the travelway, whichever is the greater
distance.
F.
Sign location on premises. No freestanding on-premises
sign shall be erected within 75 feet of any residence.
G.
Sign separation. No freestanding on-premises sign
shall be erected within 250 feet of any other freestanding on-premises
sign.
H.
Special exception. Any freestanding sign over 50 square
feet in area will be allowed only upon the granting of a special exception
by the Zoning Hearing Board based on the criteria in this chapter.
The following signs are permitted in all zoning
districts. Signs erected within the Borough shall conform to the following
individual requirements, as well as the general requirements stated
in this chapter:
B.
Awning or canopy signs. Awning or canopy signs and
other displays attached to individual buildings or units shall be
allowed, in addition to the permitted freestanding signs and other
displays, subject to the following:
(1)
The permitted area of awning or canopy signs shall
be one square foot for each two linear feet of awning or canopy up
to a maximum of 16 square feet.
(2)
No awning or canopy sign shall extend above the top
of the awning or canopy.
(3)
No awning or canopy sign shall contain multiple logos
or insignias.
C.
Directional signs. Directional signs giving directional
assistance for the convenience of the public, not exceeding four square
feet per side in area or located closer than five feet to any property
line, are permitted. Directional signs may be internally lighted or
illuminated by white light only.
D.
Home occupation signs. On-premises identification
signs for home occupations shall not exceed one sign, two square feet
in area per side. Home occupation signs shall contain only the name
of the business and/or business owner.
E.
Individual sign limitation. One marquee, wall/window,
projecting, or awning or canopy sign is permitted on each individual
building.
F.
Monument signs. Monument signs shall be allowed as
freestanding signs subject to the following:
G.
Pole signs. Pole signs shall be allowed as freestanding
signs subject to the following:
(1)
The permitted area of a pole sign shall be one square
foot per five linear feet of lot frontage on which the sign or signs
are to be erected, up to a maximum of five square feet in area.
(2)
The top of a pole sign shall not exceed 15 feet in
height and the base of the sign face shall be at least seven feet
above the ground.
H.
Portable signs. Portable signs shall be allowed as
freestanding on-premises signs only under the following circumstances:
(1)
When a standard freestanding sign cannot be erected
without creating a hazard to traffic.
(2)
Portable signs classified as freestanding signs shall
in all cases be permitted only upon the granting of a special exception
by the Zoning Hearing Board.
(3)
Portable signs must conform to the general standards
and size requirements of this chapter for on-premises signs.
I.
Projecting signs. Projecting signs and other displays
attached to individual buildings or units shall be allowed, in addition
to the permitted freestanding signs and other displays, subject to
the following:
(1)
The permitted area of projecting signs shall be one
square foot for each five linear feet of building or unit front facade
to which it is attached, not to exceed 32 square feet.
(2)
The base of all projecting signs shall be no less
than eight feet above the ground.
(3)
Projecting signs shall not be located or erected on
the roof area of any building, shall be located only on the building
walls, and shall not project above the building roof line or roof
ridge.
(4)
Projecting signs shall not project from the exterior
wall of a building more than four feet.
(5)
Projecting signs shall not project into any public
or private street right-of-way.
J.
Wall/window or marquee signs. Wall/window or marquee
signs and other displays attached to individual buildings or units
shall be allowed in addition to the permitted freestanding signs and
other displays, subject to the following:
(1)
The permitted area of wall/window or marquee signs
shall be one square foot for each five linear feet of building or
unit front facade to which it is attached, not to exceed 32 square
feet in area.
(2)
The top of all wall/window or marquee signs shall
be below the roof line and at a height no greater than 20 feet above
the ground immediately adjacent to the sign.
(3)
All wall signs shall be installed flat against the
wall of a building and shall not extend from the wall more than 12
inches.
(4)
Theaters may erect one of the permitted wall or marquee
signs with changeable copy board to display the name(s) and time(s)
of the current motion picture(s) or theatrical production(s).
Temporary signs may be erected in all zoning
districts only after obtaining a temporary sign permit which shall
cite the length of time that the sign may be displayed. The sign permit
application shall be submitted along with a deposit fee as established
by resolution of the Borough Council. Temporary signs must be removed
within the time period specified in Subsections A through E of this
section. Upon the applicant’s certification that the signs have
been removed, the deposit will be returned.
A.
Bus shelter signs. Bus shelters bearing advertising
messages are permitted, if the bus shelter is a currently designated
bus stop, and the location of the shelter is approved and permitted
by the appropriate authorities.
(1)
Bus shelter signs shall conform to § 164-11J (wall signs). Therefore, the permitted area of a bus shelter sign shall be one square foot for each five linear feet of shelter front facade to which the sign is attached. The sign shall not extend beyond the shelter itself.
(2)
Bus shelter sign permits shall be required to be renewed
annually and shall be subject to an annual renewal fee.
B.
Construction signs. Construction signs announcing
new buildings or projects, erected after the commencement of construction.
Each construction site shall be limited to one construction sign per
road not exceeding 20 square feet in area and eight feet in height
which shall be removed by the time the permanent, on-premises sign
is erected or a certificate of occupancy for the building is issued.
C.
Political signs. Political signs four square feet
or larger announcing political candidates seeking office, slates of
candidates, political parties, and/or political and public issues
appearing on a ballot shall be subject to the following requirements:
(1)
No person shall post any sign of any kind whatsoever
upon public or private property without permission of the property
owner.
(2)
Signs shall not be permitted on any utility poles,
lighting poles or other similar structures.
(3)
Political signs shall not be posted more than 30 days
in advance of the election to which they pertain and shall be removed
within five calendar days following the election for which they were
posted.
(4)
In commercial zoning districts C-1 and C-2, political
signs shall not exceed 16 square feet per side in area and shall not
project higher than 10 feet from the base of the sign or grade of
the nearest adjacent roadway, whichever is higher.
(5)
In all zoning districts, except R-1, R-2 and R-3,
political signs shall not exceed four square feet per side in area
and shall not project higher than 10 feet from the base of the sign
or grade of the nearest adjacent roadway, whichever is higher.
(6)
Signs advertising an individual candidate shall be
placed at least 100 feet apart.
D.
Political yard signs. Political signs four square
feet or smaller announcing political candidates seeking office, slates
of candidates, political parties, and/or political and public issues
appearing on a ballot shall be subject to the following requirements:
(1)
No person shall post any sign of any kind whatsoever
upon private property without permission of the property owner.
(2)
Signs shall not be permitted on utility poles, lighting
poles or similar structures.
(3)
Political yard signs shall not be posted more than
30 days in advance of the election to which they pertain and shall
be removed within five calendar days following the election for which
they were posted.
(4)
Political yard signs shall not exceed four square
feet per side in area and shall not project higher than five feet
from the base of the sign or grade of the nearest adjacent roadway,
whichever is higher.
E.
Seasonal farm-products signs. Seasonal on-premises
signs announcing the availability of seasonal farm products.
(1)
The number of signs shall not exceed two and the total
area of all signs shall not exceed 32 square feet per side, nor shall
any sign exceed six feet in height.
(2)
Seasonal farm-products signs shall not be erected
more than 15 days in advance of the harvest of the produce in question
and shall be removed within 30 days from the end of the harvest.
F.
Special event signs. On-premises signs announcing
special events including, but not limited to, auctions, grand openings,
new management, going-out-of-business sales and events by religious,
charitable or public service groups.
(1)
Any business, individual or organization may display
a special event sign. A maximum of two special event signs may be
displayed for up to seven days prior to a special event.
(2)
Signs shall not exceed 16 square feet in area each
and shall be removed immediately following the event.
(3)
A special event sign shall not be used to continuously
advertise the same event.
Personal signs, such as personal name plates
and signs of a similar nature, are permitted in all zoning districts
subject to the following:
Signs denoting membership in agricultural associations,
cooperatives or indicating specialization in particular breeds of
cattle, horses, hogs, etc., or in a particular hybrid or strain of
plant are allowed in all zoning districts subject to the following:
Automobile service and gasoline stations shall
comply with all applicable regulations within this section, including
the regulations for shopping centers (if applicable) and the following
additional regulations:
A.
Changeable fuel price signs. Freestanding signs identifying
the name of the business may include changeable copy indicating the
current price of fuel dispensed on the premises.
One freestanding sign listing the name of, and
indicating the entrance to, a hunting or fishing camp or club, a commercial
camp or commercial transient campground shall be allowed at each entrance
to such uses and shall be subject to the following additional requirements:
Where large numbers of either temporary or permanent
directional or commercial advertising signs are justified, a sign
plaza may be established. In these cases, allowable sign area may
be consolidated and confined within a single frame or as a combination
of sign panels within a sign plaza. Sign plazas are subject to the
following:
A.
Approval. Sign plazas shall be allowed only upon the
approval of the Borough Council as a conditional use and shall be
submitted to the Borough’s Planning Commission for its recommendation
prior to submission to the Borough Council for action.
(1)
A site plan shall accompany an application for a sign
plaza permit depicting adequate access, parking, drainage, size, shape,
color, lighting, landscaping and manner of display.
(2)
The plan shall include the total allowable sign area
for the property and the substituted area to be consolidated within
the proposed sign plaza.
All signs in resort/community developments shall
conform to the following general and individual requirements:
A.
General standards, criteria and requirements.
(2)
Sign permits shall not be required for instructional
signs smaller than 20 square feet in area.
B.
Individual requirements. The following signs require
a permit if they exceed the requirements stated in this section:
(2)
Directional signs. One directional sign may be placed
at each resort/community development intersection in order to identify
the location of amenities, housing clusters and neighborhoods.
(3)
Directory signs. One directory sign may be located
at each neighborhood housing or amenity cluster identifying the names
and locations of the establishments located within individual buildings.
Directory signs shall not exceed 16 square feet in area and six feet
in height.
(4)
Housing and community unit identification. The sign
shall not exceed 20 square feet in area and four feet in height.
(5)
Instructional signs. Instructional signs shall not
exceed 16 square feet in area per side.
(6)
Resort/community development entrance signs. Resort/community
development entrance signs shall be subject to the following requirements:
(7)
Unit identification signs. One sign not exceeding
two square feet per side may be located on each individual unit.
Within residential zoning districts, signs authorized in § 164-5 of this chapter do not require a permit; but, permits are required for temporary signs, etc. The residential zoning district signs must conform to the following criteria:
A.
Single-family residential development identification
signs. Signs that identify the name of a single-family residential
development located at any street entrance shall be erected as follows:
(1)
Signs shall be limited to two signed entrances and
shall be a minimum of 500 feet apart.
(2)
Sign(s) shall be a monument or pole type.
(3)
A monument sign(s) shall be a maximum of 20 square
feet in area and five feet in height, whereas a pole sign(s) shall
be a maximum of 16 square feet in area and 12 feet in height.
(4)
Sign(s) shall be set back 10 feet from any property
line and outside of all clear sight triangles.
B.
Management or rental office signs. Signs that identify
a management or rental office located in a multifamily or residential
complex may be erected as follows:
Office and/or industrial centers at least two
acres in size and planned as an integrated development shall be authorized
to erect signs based on the following criteria:
A.
Center identification signs. One monument sign per public street frontage not to exceed a total of two monument signs a minimum of 500 feet apart, identifying the name of the center only. Each sign shall not exceed 40 square feet in area and 16 feet in height. A landscaped island(s) as defined in § 164-4A(6) of this chapter shall be provided.
B.
Individual building signs. Where an office and/or industrial center is comprised of two or more buildings, each individual building may erect one monument sign not to exceed 20 square feet in area and six feet in height, identifying the principal establishment within the building. A landscaped island(s) as defined in § 164-4A(6) of this chapter shall be provided.
C.
Individual establishment signs. Each individual establishment
within an office and/or industrial building may erect one wall sign
of a size which does not exceed one square foot of sign area per two
linear feet of establishment frontage on which the sign is to be attached,
up to a maximum of 32 square feet in area. Allocation of individual
tenant signage area will be based on percentage of occupancy of the
building. The top of the sign shall be below the roof line and at
a height not greater than 15 feet above the ground. Landscaped ground-mounted
signs are recommended in lieu of wall signs, especially for office
buildings.
Commercial and industrial properties may erect
a directory sign not exceeding 16 square feet in area and six feet
in height identifying the names and/or addresses of the establishments
within individual buildings. Directory signs shall preclude the use
of any other freestanding signs for the said property on the same
street frontage.
In cases where these regulations do not specifically
address a sign requested in conjunction with a permitted use, the
Zoning Hearing Board shall make a written interpretation of the regulations,
and the Zoning Officer shall keep a permanent record of such written
interpretations.
Any sign lawfully existing or under construction
before the date of enactment of these regulations or upon any date
on which these regulations are amended, and any sign which is accessory
to a nonconforming use, shall be deemed to be a nonconforming sign.
A.
Modifications. Nonconforming signs shall not be enlarged,
extended, structurally reconstructed or altered in any manner, except
that the sign face (i.e., the gross surface area portion of the sign)
may be changed, as long as the new sign face is equal to or reduced
in height, sign area and/or projection. A sign permit is not needed
for a new sign face or a change in the advertising content appearing
on the sign face.
B.
Removal. Nonconforming signs may remain provided they
are maintained in good repair, except for the following:
Unless otherwise specifically provided, references
to “sign area” or “sign size” shall be deemed
to be per sign side.
Any sign, display or device allowed under this
chapter may contain, in lieu of any other copy, any otherwise lawful
noncommercial message that does not direct attention to a business
operated for profit or to a commodity or service for sale and complies
with all other requirements of this chapter.
