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 Sign Ordinance 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.
A.
FACADE
GROSS SURFACE AREA
PLANNED DEVELOPMENT, COMMERCIAL
PLANNED DEVELOPMENT, INDUSTRIAL
PUBLIC
RESORT/COMMUNITY DEVELOPMENT
ROOF
ROOF EAVES
ROOFLINE
ROOF RIDGE
ROOF STRUCTURE
SIGN
As used in this article, 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.
A contiguous area of land planned, developed, operated, and
maintained as a single entity and containing one or more structures
with appurtenant common areas to accommodate office, retail, and commercial
uses, and other uses incidental and accessory to the commercial uses.
[Added 12-6-2010 by Ord.
No. 4-2010]
A contiguous area of land planned, developed, operated, and
maintained as a single entity and containing one or more structures
with appurtenant common areas to accommodate industrial, manufacturing,
warehousing, office, retail, and commercial uses, and other uses incidental
and accessory to the predominant allowed uses.
[Added 12-6-2010 by Ord.
No. 4-2010]
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 1-1and 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.
B.
ABANDONED SIGN
AMENITY IDENTIFICATION SIGN
AWNING SIGN
BANNER SIGN
BULLETIN BOARD
CANOPY SIGN
CHANGEABLE SIGN
CONSTRUCTION SIGN
DIRECTIONAL/INFORMATIONAL SIGN
DIRECTORY SIGN
FLASHING SIGN
FREESTANDING SIGN
HOUSING AND COMMUNITY UNIT IDENTIFICATION SIGN
ILLEGAL SIGN
ILLUMINATED SIGN
INFORMATIONAL SIGN
INSTRUCTIONAL SIGN
MARQUEE SIGN
MONUMENT SIGN
NONCONFORMING SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PERSONAL SIGN
PLAZA SIGN
POLE SIGN
POLITICAL SIGN
POLITICAL YARD SIGN
PORTABLE SIGN
PROJECTING SIGN
PYLON SIGN
REAL ESTATE SIGN
ROOF SIGN
TEMPORARY SIGN
WALL/WINDOW SIGN
WARNING SIGN
WINDOW SIGN, ACCESSORY
Certain categories of signs are defined below. Other
categories of signs are defined elsewhere in this chapter.
A 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.
A sign which directs attention to a resort/community, commodity,
service, recreational area or other amenity.
A 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.
Awning Sign
|
A sign with its copy on nonrigid material, such as cloth,
plastic, fabric or paper. with no supporting framework.
Banner Sign
|
A particular type of changeable copy sign that displays copy
in a casement made of glass, Plexiglas or other materials.
A sign on a rigid multisided structure attached to a building
or on any other freestanding structure that may have a roof with support
but no walls.
Canopy Sign on Freestanding Canopy
|
A 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. (See §§ 215-83B and 215-83C for prohibition of animated and moving signs and flashing and message signs.
[Amended 6-21-2010 by Ord. No. 3-2010]
Changeable Sign
|
A temporary sign identifying individuals or companies involved
in design, construction, wrecking, financing or development work,
when placed upon the premises where that work is underway but only
for the duration of the work.
An 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.
A sign that displays the names and/or addresses of the establishments,
housing units, amenities or uses of a building or group of buildings.
Directory Sign
|
Any sign that has intermittent or changing lighting or illumination
of a duration less than 30 seconds shall be deemed a flashing sign.
The 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.
Common Freestanding Sign Types
|
A 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.
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.
A 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.
Public or private directional, street or traffic signs, address
numbers, names of buildings, rooms and other similar signs.
A 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).
Instructional Sign
|
Any 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.
A 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.
A 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.
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.
Sign, 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.
A sign including nameplates, home occupation signs and other
signs of a similar nature.
A one- or two-sided structure displaying smaller signs, each
of equal size.
A freestanding sign with a base supported from the ground
by a pole or a similar support structure of narrow width.
A 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.
A temporary political sign four square feet or smaller.
Sign, 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.
Portable Sign
|
A 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.
Projecting Sign
|
A freestanding sign with a base affixed to the ground where
the width of the base is not more than half the width of the sign
face. (See figure above of Common Freestanding Sign Types.)
A temporary sign that is used to offer for sale, lease or
rent the premises upon which the sign is placed.
A sign which is erected, constructed and maintained on or
above the roof of a building.
Comparison-Roof and Fascia Signs
|
A 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.
A sign painted on or attached to a wall or window (excluding
permitted accessory window signs) of a building or other structure
and which is mounted parallel to the surface so that only one side
is visible to the public.
[Amended 6-21-2010 by Ord. No. 3-2010]
Wall Signs
|
A sign containing no advertising material but which warns
the public of the existence of danger.
Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to or placed behind a window pane which is intended to be read from the exterior of the building and which is not an on-premises sign permitted by § 215-87.
[Added 6-21-2010 by Ord. No. 3-2010]
Sign Comparison
|
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 § 215-82 (Exempt signs) and § 215-100 (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 extending
not less than three feet from all sides of the sign, but in no case
less than 32 square feet in total area, and a minimum of one foot
in height is required.
[Amended 12-6-2010 by Ord. No. 4-2010]
(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 article.
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 article are hereby subject to this provision.
(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 § 616.1,
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.
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 § 215-87.
(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.
J.
Charitable signs. Charitable signs for nonprofit agencies/organizations
shall be permitted with the written authorization from the Borough
Council and/or its designated representative. These signs may be displayed
for a maximum of 14 calendar days. A-frame/wheeled signs or any similar
portable signs shall be accepted.
[Added 12-18-2006 by Ord. No. 9-2006]
K.
Banners. All banners hung across any state road within
the Borough must conform to PennDOT’s specifications and regulations,
and they shall only be permitted with the written authorization from
the Borough Council and/or its designated representative.
[Added 12-18-2006 by Ord. No. 9-2006]
The following signs are expressly prohibited
unless otherwise stated in these regulations:
A.
A-frame or sandwich board sign. A-frame or sandwich board signs shall
be permitted as a temporary sign for retail/service/wholesale commercial
establishments subject to the following:
[Amended 5-5-2014 by Ord.
No. 3-2014]
(1)
Each business establishment shall be limited to one A-frame or sandwich
board sign.
(2)
The sign shall be comprised of two boards of durable material with
no attachments.
(3)
The sign shall not exceed 10 square feet for each exposed face and
shall not exceed 30 inches in width and that the sign shall not have
an overall height greater than five feet from ground level.
(4)
The sign shall not be illuminated.
(5)
The sign shall be displayed only during the hours when the establishment
is open for business and shall include advertising pertaining only
to the establishment of location.
(6)
The sign shall not be placed in such manner as to impede pedestrian
or vehicle traffic or the opening of vehicle doors.
(7)
The sign shall be sufficiently secured or weighted to resist overturning.
(9)
The sign shall not be displayed at any time when snow has accumulated
on or has not been completely removed from the sidewalk in front of
the premises where the sign is permitted.
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, signs with illuminated elements
that are used to simulate the impression of motion and searchlights,
video display signs, and Tri-Vision or equivalent signs (e.g., a sign
that has rotating, triangular cross-section members which change the
sign’s display in its entirety).
[Amended 12-18-2006 by Ord. No. 9-2006]
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 mirror 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 devise
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.
(1)
Roof signs are on-premises signs and shall conform to § 215-87 and all other sections of this chapter. Acceptable and prohibited roof signs are illustrated in Figures 1-1 and 1-2. Eaves, lower ridges and upper ridges are illustrated in Figures 1-1 and 1-2.
(a)
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 eaves to the highest roof ridge (see Figures
1-1 and 1-2).
(b)
The height of roof signs on gambrel, mansard
and hip-on-gable roofs shall not exceed 25% of the vertical height
from the roof eaves to the lower roof ridge (see Figures 1-1 and 1-2).
(c)
Cross-hipped roofs may contain only one sign
on the roof area that is parallel to and facing the street (see Figure
1-2).
(d)
Roof signs are prohibited on flat roofs with
eaves and on flat roofs with parapets (see Figure 1-2).
(e)
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.
Figure 1-1 (See § 215-83J for roof sign regulations.)
|
|
*Roof sign height shall not exceed 25% of the vertical height from the roof eave to the highest roof ridge [§ 215-83J(1)].
|
|
**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 [§ 215-83J(2)].
|
Figure 1-2 (See 215-83J for roof
sign regulations.)
|
|
*Roof signs on cross-hipped roofs may contain
only one sign on the roof area that is parallel to and facing the
street [§ 215-83J(3)].
|
|
**Roof signs are prohibited on flat roofs with
eaves and on flat roofs with parapets [§ 215-83J(4)].
|
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; signs
of any kind attached to a standpipe 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.
P.
Shelters. Signs on shelters bearing advertising messages.
[Added 12-18-2006 by Ord. No. 9-2006]
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 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.
[Amended 12-18-2006 by Ord. No. 9-2006]
(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 30 consecutive
days upon application for a special sign permit.
[Amended 12-18-2006 by Ord. No. 9-2006]
(2)
All temporary 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 § 215-89.
[Amended 12-18-2006 by Ord. No. 9-2006]
(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. Excluding window decals, permitted accessory window signs and on-premises directional signs, or as may otherwise be modified by other provisions of this Article XI, any business shall be limited to two on-premises exterior signs advertising the business in one of the following combinations:
[Amended 6-21-2010 by Ord. No. 3-2010; 12-6-2010 by Ord. No. 4-2010]
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, and no sign shall be illuminated by or contain flashing, intermittent rotating or moving light (see § 215-83C). 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.
G.
Content and protection of first amendment rights.
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.
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.
Principal use limitation. No off-premises sign shall be permitted on any lot which is occupied by any other principal use or structure except as may be approved in accord with § 215-97D.[1]
[Added 10-4-2010 by Ord. No. 5-2010]
[1]
Editor's Note: Former Subsection D, Replacement
signs, was repealed 12-18-2006 by Ord. No. 9-2006.
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., one-half
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.
Size of signs. (See § 215-85B for number of signs.) The size of signs shall be as follows:
[Amended 12-18-2006 by Ord. No. 9-2006]
(2)
(3)
Large establishments. In addition to the other applicable requirements of this Article XI, the standards in this Subsection B(3) shall apply to any single-establishment building larger than 100,000 square feet. In cases where the development project involves more than one building or multiple establishments in one building, the normal standards shall apply.
[Added 7-6-2009 by Ord. No. 4-2009]
(a)
Wall/window or marquee signs.
[1]
Wall/window or marquee signs shall be permitted only on building
facades which front on a public street abutting the property.
[2]
The total area of the wall/window or marquee sign(s) shall not exceed
10% of the area of the building wall, including doors and windows,
to which the sign(s) is to be affixed or 500 square feet, whichever
is less. The total number of all such signs shall not exceed five.
[3]
In the case of a building fronting on more than one public street abutting the property, Subsection B(3)(a)[1] above shall apply to the primary street frontage. On the facade fronting any other public street abutting the property, one wall/window or marquee sign(s) shall be permitted, and the area of the sign shall not exceed 10% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 150 square feet, whichever is less.
(b)
One freestanding sign shall be permitted along each public street
frontage abutting the property, provided that the total area of any
one permitted freestanding sign shall not exceed a total of 60 square
feet of any one face and shall have a maximum height of 20 feet.
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.
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.
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.
I.
Projecting signs. (Only in C-1 District.) Projecting signs shall be allowed only in the C-1 District as a replacement for one of the other signs permitted in accord with § 215-85B subject to the following:
[Amended 12-18-2006 by Ord. No. 9-2006]
(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 16 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 roofline 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. Permitted wall/window or marquee signs shall be subject to the following: (See § 215-85B for number and § 215-87B for size.)
[Amended 12-18-2006 by Ord. No. 9-2006]
(1)
The top of all wall/window or marquee signs shall
be below the roofline and at a height no greater than 20 feet above
the ground immediately adjacent to the sign.
(2)
All wall signs shall be installed flat against the
wall of a building and shall not extend from the wall more than 12
inches.
(3)
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).
K.
Accessory
window signs. Accessory window signs shall be permitted for retail,
service and wholesale establishments and shall not require permits.
However, all such signs shall:
[Added 6-21-2010 by Ord. No. 3-2010]
A.
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.
C.
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.
D.
Political signs. (Permits shall not be required.)
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:
[Amended 12-18-2006 by Ord. No. 9-2006]
(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.
E.
Political yard signs. (Permits shall not be required.)
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:
[Amended 12-18-2006 by Ord. No. 9-2006]
(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.
G.
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 nameplates
and signs of a similar nature, are permitted in all zoning districts
subject to the following:
[1]
Editor's Note: Former § 215-91,
Membership signs, was repealed 12-18-2006 by Ord. No. 9-2006.
[Amended 12-6-2010 by Ord. No. 4-2010]
Automobile service and gasoline stations shall comply with all
applicable regulations within this chapter, 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 type and
current price of fuel dispensed on the premises. Such copy may be
changed either manually or digitally provided any digital copy does
not flash or change intermittently. The height of the letters/numerals
shall not exceed the following and the sign shall be no larger than
necessary to encompass the letters/numerals, and in no case shall
exceed the width of the business sign. The changeable copy shall be
counted as part of the maximum permitted area of the sign.
|
Number of Fuel Types Advertised
|
Maximum Letter Height
(inches)
|
|---|---|
|
1 or 2
|
24
|
|
3
|
15
|
|
4
|
12
|
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:
[1]
Editor's Note: Former § 215-94,
Sign plazas, was repealed 12-18-2006 by Ord. No. 9-2006.
[Amended 12-18-2006 by Ord. No. 9-2006]
All signs in resorts/community developments
shall conform to the following general and individual requirements:
A.
General standards, criteria and requirements.
(2)
Sign permits shall 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 § 215-82 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.
Residential development identification signs. Signs
that identify the name of a residential development located at any
street entrance shall be erected as follows:
[Amended 12-18-2006 by Ord. No. 9-2006]
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:
[Amended 12-18-2006 by Ord. No. 9-2006; 12-6-2010 by Ord. No. 4-2010]
(See definitions in § 215-79A.) Planned commercial developments and planned industrial developments shall be authorized to erect signs based on the criteria in this § 215-97. Section 215-85B with respect to the number of signs shall not apply.
A.
Development identification signs.
(1)
Type and number. One monument sign shall be permitted for each point
of vehicular access to the development. No other development identification
signs shall be permitted.
(2)
Display information. A development identification sign shall be limited
to displaying the development name and logo, the development developer
or management, and/or the development location and/or address. No
such sign shall contain the name of any individual occupant of the
development.
(3)
Dimensions. No such sign shall exceed 50 square feet in area, 10
feet in width and eight feet in height above surrounding grade.
(4)
Landscaping. Landscaping shall be provided in accord with § 215-81A(6).
B.
Individual building signs. Where a development is comprised of two
or more buildings, each individual building may erect one freestanding
sign and one wall sign, or two wall signs.
(1)
Freestanding sign. The freestanding sign shall not exceed 40 square feet in area and 20 feet in height and a landscaped island as defined in § 215-81A(6) shall be provided.
(2)
Wall sign. The area of an individual wall sign shall not exceed 20% of the area of the building wall, including doors and windows, to which the sign is to be affixed, but not to exceed 40 square feet. (See § 215-88J for additional wall sign standards.)
(3)
Display information. All such signs shall be limited to displaying
the building name and logo, the building developer or management,
and the building location and address. No such sign shall contain
the name of any individual occupant of the development.
C.
Individual establishment signs.
(1)
Separate entrances. In a building with multiple separate divided
areas between tenants with each area having a separate exterior entrance,
a wall sign for each divided area shall be permitted.
(a)
The wall sign for each divided area shall be attached to the
exterior wall facade of the divided area it identifies.
(b)
The area of the wall sign shall not exceed one square foot of
sign area per one linear feet of divided area frontage on which the
sign is to be attached, but not to exceed 40 square feet.
(2)
Common entrance. In a building containing multiple tenants with a
main entrance designed for entry and exit of the majority of tenants
and visitors to the building (that is, where separate exterior entrances
for each divided area are not provided) multiple wall signs may be
installed as follows:
(a)
Wall signs may be erected on the facade containing the main
entrance to the building, a building facade visible from a public
street, and/or a building facade facing an interior driveway of the
development.
(b)
The number of wall signs on a facade shall not exceed the number
of tenants or five wall signs on a facade, whichever is less.
(c)
The maximum sign area for a wall sign affixed to the facade
of a building shall not exceed 200 square feet subject, however, to
the maximum aggregate sign area for all wall signs set forth below.
(d)
The maximum aggregate sign area for all wall signs on each facade
of a building shall be determined in accord with the following standards:
|
Facade Area
|
Maximum Aggregate Wall Sign Area
|
|---|---|
|
0 to 5,000 square feet
|
The aggregate area of permitted wall signs shall be the lesser
of 5% of the wall facade area (including window and door areas and
cornices to which the wall sign is attached) or 250 square feet.
|
|
5,001 square feet or greater
|
The aggregate area of permitted wall signs shall be the lesser
of 3% of the wall facade area (including window and door areas and
cornices to which the wall sign is attached) or 500 square feet.
|
D.
Off-premises planned commercial development or planned industrial development identification signs. In cases where a planned commercial development or planned industrial development does not front on State Route 196, State Route 611 or State Route 940, an off-premises development identification sign may be permitted as a conditional use provided it meets the requirements in § 215-97A(2), (3) and (4), the standards in § 215-111D, and the other applicable requirements of this chapter 215 as determined by the Borough Council in its sole discretion.
E.
Alternative freestanding sign option for certain planned commercial developments. Planned commercial developments may, in lieu of the freestanding signs permitted in § 215-97A and B, elect to install freestanding signs as follows: i) one freestanding sign that identifies the development name; logo; developer; management; development location; address; and/or individual businesses within the development ("directory sign"); and ii) one additional freestanding sign for each qualifying building not associated with a gas station identifying business(es) within such building(s) ("freestanding building sign").
[Added 10-1-2018 by Ord.
No. 4-2018]
(1)
Directory sign regulations. A directory sign permitted above shall
comply with the following:
(a)
Sign area. The sign area shall not exceed 200 square feet.
(b)
Sign height. The sign height shall not exceed 25 feet.
(c)
Individual business listing size. The sign may include individual
listings of businesses within the planned commercial development.
No individual business listing on the directory sign shall utilize
letters, words and/or symbols less than four inches in height.
(3)
General regulations for directory and freestanding business signs.
(a)
Gas station signage. The freestanding signage permitted under this § 215-97E shall be in addition to any freestanding signage permitted for any gas station within the planned commercial development; provided, however, that any gas station that is a part of a planned commercial development that elects to proceed with freestanding signage in accordance with this § 215-97E shall not be entitled to an additional freestanding sign otherwise permitted under § 215-92B (company pole sign).
(b)
Landscaping. Landscaping shall be provided for freestanding signage permitted under this § 215-97E as required by § 215-81A(6).
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.
A.
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.
B.
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.
C.
Removal. Nonconforming signs may remain, provided
they are maintained in good repair, except for the following:
