Pursuant to the Township's police power and
in order to protect the public health, safety and welfare, the Township
adopts the regulations in this article for the following purposes:
A. To regulate the size, location, lumination, alteration
and maintenance of signs and to reduce hazards to pedestrians and
vehicular traffic caused by signs.
B. To prohibit the construction of and require the removal
of signs which create a hazard to pedestrians and vehicular traffic.
C. To encourage a variety of sign types and designs which
will meet the resident's and businesses' advertising needs in a manner
which is compatible with the locality, enhances the economic value
and visual character of property in the Township and contributes to,
rather than detracts from, the character of the Township.
As used in this article, the followings terms
shall have the meanings indicated below:
ABANDONED SIGN
A sign erected on, or related to, the use of a property which
becomes vacant and unoccupied for a period of six months or more,
or any sign which advertises or promotes a time, event or purpose
which has already occurred.
BILLBOARD SIGN
A sign which directs attention to a person, business, profession,
product, activity or event not conducted on the premises where the
sign is located.
BULLETIN BOARD
A sign of permanent character but with movable letters, words
or numerals, indicating for schools and churches the names of persons
associated with or events conducted upon the premises upon which such
sign is maintained.
BUSINESS SIGN
A sign directing attention to a business, commodity or service
conducted, sold or offered upon the same premises as those upon which
the sign is maintained. This includes signs which identify or advertise
home occupations or signs affixed to vehicles denoting a business-related
activity.
CANOPY or AWNING SIGN
Any sign that is part of, hangs from, is attached to or affixed
to any part of an awning, canopy or other fabric, plastic or structural
protective cover over a door, entrance, window or outdoor service
area.
COMMERCIAL EVENT SIGN
A type of temporary sign intended to advertise an on-site
commercial event, including signs, banners, posters, flags, pennants,
balloons and other similar promotional devices announcing a special,
unique or limited activity, service, product or sale of limited duration,
including a grand opening of a new business or reorganization under
new management of an existing business.
[Added 2-7-2011 by Ord. No. 11-01]
CONSTRUCTION/DEVELOPMENT SIGN
A type of temporary sign intended to display the name of
a project and/or the construction company, contractor, subcontractor,
developer, architect, engineer, financier or similar information pertaining
to an entity making or funding improvements to property.
DOUBLE-FACED SIGN
A sign which displays a message, information or advertising
on both faces of the sign, where either the two sign faces are not
more than two feet from one another, or, for a shopping center, the
two sign faces are part of an enclosed structure with a width no greater
than four feet.
FREESTANDING/GROUND SIGN
A sign that is detached and independent from any building
or structure and is supported by a pylon, pole, uprights, braces,
supports or other structure that is placed on, or anchored in, the
ground.
IDENTIFICATION SIGN
A permanent sign, other than a bulletin board or nameplate
sign, indicating the name of a permitted nonbusiness use, the name
or address of a building or the name of the management thereof or
the name of a residential community.
ILLUMINATED SIGN
A sign which has characters, letters, figures, designs or
outlines illuminated by direct or indirect electric lighting or luminous
tubes as part of the sign.
NAMEPLATE SIGN
A sign which designates the name and address of an occupant
or group of occupants. Lettering or other display as part of a mailbox,
being governed by federal law, is not within the scope of the term
"nameplate sign" or otherwise governed by this chapter.
NONCOMMERCIAL EVENT SIGN
A type of temporary sign intended to display an on-site noncommercial
event, including signs for yard sales, garage sales, and "open house"
signs, and signs notifying of civic events, such as a campaign, fund
drive, activity or similar event of a civic philanthropic, educational
or religious organization for noncommercial purposes.
[Added 2-7-2011 by Ord. No. 11-01]
OFFICIAL TRAFFIC SIGN
Signs erected by the Commonwealth of Pennsylvania Department
of Transportation, the County of Chester or the Township which are
designed to regulate traffic, describe road conditions, supply directions
or provide other information to motorists and pedestrians, including
signs marking the location of pedestrian trails.
OFF-SITE DIRECTIONAL SIGN
A nonilluminated sign conveying instructions and directions
with respect to premises other than the premises where the sign is
located.
ON-SITE DIRECTIONAL SIGN
A sign conveying instructions and directions with respect
to the premises on which it is located, such as the entrance and exit
of a parking area, a warning sign, a danger sign, a "no trespassing
sign" and similar signs.
PARKING SIGN
A sign which regulates parking areas on property.
PROFESSIONAL SIGN
A sign which indicates the profession of a doctor of medicine,
veterinarian, dentist, teacher, artist, architect, musician, lawyer,
district justice or similar practitioner.
POLITICAL SIGN
A type of temporary sign which conveys or advertises political
views, an individual seeking election or appointment to a public office
or an upcoming public election or referendum.
PUBLIC SERVICE SIGN
A sign advertising the availability of restrooms, telephones
or similar public conveniences and signs advertising meeting times
and places of nonprofit service or charitable clubs or organizations
which do not advertise any commercial establishment, activity, organization,
product, good or service.
REAL ESTATE SIGN
A type of temporary sign indicating the sale, lease or rental
of the property on which it is located, not including "open house"
signs.
[Amended 2-7-2011 by Ord. No. 11-01]
SIGN
Any permanent or temporary structure or part thereof or any
device attached, painted or represented, directly or indirectly, on
a structure or other surface that displays or includes any display
of letters, symbols, emblems, objects, words, insignia, flags or representations
used as or which is in the nature of an advertisement, announcement,
visual communication or direction or which is designed to attract
the eye or bring the subject to the attention of the public.
SIGN SUPPORT STRUCTURE
Any pole, monopole, tower, tripod, monument, pyramid or other
similar structure which supports or has attached to it a sign.
TEMPORARY SIGN
A sign intended for short-term use, such as a promotional
sign, including signs pertaining to business events, community events
such as festivals, concerts or exhibits and political signs.
WALL SIGN
A sign attached to a building and parallel to a wall or other
vertical building surface which extends no more than 12 inches from
the mounted surface.
WINDOW SIGN
A temporary or permanent sign which is oriented to the public
right-of-way and is located on the inside or outside of a window.
The following provisions shall apply to all
signs erected in the Township:
A. Sign location.
(1) No sign shall be placed in such a position that it
will endanger traffic on the street by obstructing free and clear
vision of motorists or pedestrians. Signs shall be located in a position
which allows for a clear sight triangle of at least 75 feet at every
intersection of two streets or at the intersection of a street and
driveway or accessway.
(2) No sign shall be erected or maintained so as to prevent
free ingress or egress from any door, window or fire escape.
(3) Unless specifically authorized by other ordinances
or regulations of the Township, no sign other than official traffic
signs shall be erected within the legal right-of-way lines of any
public street or public sidewalk.
(4) No signs shall be closer to the edge of a street cartway
than 15 feet except for real estate signs advertising residential
dwellings, which may be located closer than 10 feet from the cartway
for proper view, but in no case shall such sign be located within
the legal right-of-way.
(5) No sign shall project over a public walkway, public
street or highway.
(6) No sign shall project above the lowest edge of a roof
of a building.
(7) A sign shall be erected only on the premises on which
the use to which the sign relates is conducted except when permitted
as a billboard, off-site directional sign or public service sign.
(8) No sign, except real estate signs, official traffic signs and construction/development signs, shall be erected in the Historic Overlay District unless a certificate of appropriateness is obtained from the Board of Supervisors in accordance with the requirements and procedures set forth in §
122-120 and Chapter
61 of the Code.
B. Sign illumination.
(1) No stringing of light bulbs or placing of luminaries
which create the same effect, no animated signs, no signs that revolve,
swing or have movable parts or have flashing lights or reflectors
shall be permitted.
(2) No sign may be illuminated with flashing, intermittent
or moving lights.
(3) Signs in the C-1 ,C-2, and C-2A Zoning Districts may
be illuminated by internal (direct) illumination or by external (indirect)
illumination, provided that the lighting shall be so shielded and
positioned so that the source of light is aimed directly at the sign
and does not produce a glare on adjacent properties or roadways. Signs
in all other zoning districts may be illuminated only by indirect
concealed lighting which is attached to the sign itself.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. Sign area. The "sign area" is the area on which the
name, advertising material and/or logo is located, together with all
moldings, battens, cappings, nailing strips, latticing and platforms
which are attached to the area on which the name, advertising material
and/or logo is placed. In the case of signs which are composed of
letters, words or representations only, as in the case of such material
affixed to a building and which are not physically enclosed within
a frame, the sign area shall be measured by the area of a square or
rectangle drawn at the outer limits of the letters or representation.
The sign area shall not include any structural elements lying outside
the limits of such sign and not forming an integral part of the display.
In the case of a double-faced sign, the area of the sign shall be
taken as the total area of one sign face only.
D. Sign height. The height of a freestanding/ground sign
shall be measured from the existing ground elevation at the base of
the sign to the highest point of the sign structure. In the case where
there is a sidewalk, the height shall be measured from the elevation
of the sidewalk.
E. Vehicular signs. A sign on a vehicle advertising a
business-related activity or event shall be considered a business
sign and shall be subject to the regulations governing business signs
in general, in addition to following regulations:
(1) Vehicles containing a business sign and parked in
a residential district shall be concealed (garaged) from public view
or in a parking space screened from view from the street.
(2) Vehicles shall not be parked in public view in any
district when their sole purpose is to serve as a sign or advertisement
unless authorized by the Board of Supervisors.
F. Construction and maintenance of signs.
(1) All signs shall be constructed of durable materials
and kept in good condition and repair.
(2) All signs requiring the use of electricity shall be
manufactured in accordance with the requirements of the National Electric
Code. Listing or certification of compliance by Underwriter Laboratories,
Inc., or other approved testing agency shall be acceptable to demonstrate
compliance with the above requirement.
(3) All signs shall be securely mounted or fastened to the building in which they are erected or, in the case of a freestanding/ground sign, must be securely and safely installed in the ground. Unless otherwise provided in this article, the installation of all nonexempt signs (under §
122-90.1) must be approved by the Township.
G. Obscene signs prohibited. No sign shall utilize sexually
explicit or suggestive language or graphics nor any illustration of
a human form in a nude or seminude state or any language or graphics
which are otherwise offensive to community standards of civility.
H. Unlawful signs. The following signs are unlawful and
shall be prohibited:
(1) A flashing, rotating or revolving sign, with the exception
of barbershop poles.
(2) A sign suspended between poles and lighted by a series
of lights.
(3) A sign suspended between poles consisting of either
pennants or spinners.
(4) Any sign erected, painted or drawn on a tree or rock
or other natural feature except for the numerals of a residential
address.
(5) Any banner sign or sign of any other type across a
public street.
(6) Any sign containing information which states or implies
that a property may be used for any purpose not permitted under the
provisions of this chapter.
(7) Inflatable blimp-type signs which are tethered to
the ground and float above the property or building being advertised.
The following types of signs and no others shall
be permitted in the Agricultural, Residential, Historic and Eleemosynary-Institutional
(R-A, A-RT, R-1, R-2, H and E-1) Districts, except as is otherwise
provided in the district regulations:
B. Professional, home occupation or nameplate signs,
provided that:
(1) The area of any such sign shall not exceed 200 square
inches.
(2) Not more than one such sign shall be erected for each
premises or dwelling unit.
C. Identification signs for subdivisions, planned residential
developments or multifamily developments or for farms, schools, churches,
hospitals and similar permitted uses other than individual dwellings,
provided that:
(1) The area of any such sign shall not exceed 20 square
feet.
(2) Not more than one such sign shall be placed on a premises
held in single and separate ownership unless such premises fronts
on more than one street, in which case one such sign may be erected
on each street frontage.
D. Real estate signs, provided that:
(1) The area of any such sign shall not exceed six square
feet.
(2) Not more than one such sign shall be placed on a premises
held in single and separate ownership unless such premises fronts
on more than one street, in which case one such sign may be placed
on each street frontage.
(3) Such signs shall be removed within 48 hours after
transfer of ownership or leasing of the property advertised for sale/lease.
E. Construction/development signs, provided that:
(1) The area of any such sign shall not exceed nine square
feet.
(2) Not more than one such sign shall be placed on a premises
undergoing development or subdivision unless such premises fronts
on more than one existing street, in which case one such sign may
be placed on each street frontage.
(3) Such signs shall be removed upon completion of active
work on the development.
F. On-site directional sign, "no trespassing" sign or
sign indicating the private nature of a driveway or premises, provided
that the area of such sign shall not exceed two square feet. All directional
signs shall be separated by a minimum distance of 150 feet.
G. Bulletin board signs for churches and schools, provided
that the sign area does not exceed 12 square feet.
H. Temporary signs for noncommercial events, provided
that:
[Amended 2-7-2011 by Ord. No. 11-01]
(1) The
area of such sign shall not exceed four square feet.
(2) Signs
may be placed on private property only with the permission of the
property owner.
(3) Open house signs which are erected off site must obtain a permit issued by the Birmingham Township Police Department pursuant to §
82-10 of the Birmingham Township Code.
I. Off-site directional sign otherwise meeting the definition
of real estate signs, provided that:
(1) The area of any such sign does not exceed four square
feet.
(2) Not more than one such sign shall be placed on a premises
held in single and separate ownership unless such premises fronts
on more than one street, in which case one such sign may be placed
on each street frontage.
(3) No more than two off-site directional signs shall
be permitted for any one use unless otherwise approved by the Board
of Supervisors.
(4) The person or entity desiring to erect such sign shall comply with the provisions of Chapter
82, Article
II, prior to the erection of such signs.
J. Political
signs, provided that:
[Added 2-7-2011 by Ord. No. 11-01]
(1) Such
signs shall not be placed on public property except at polling places
on Election Day, and shall be placed on private property only with
permission of the property owner.
(2) Such
signs may be freestanding or attached wall signs.
(3) Such
signs shall not be illuminated, shall not exceed eight square feet
in total area per property, with no individual sign being more than
four square feet in area nor six feet in height.
(4) Such
signs shall be removed within two days after Election Day.
[Amended 1-20-2003 by Ord. No. 03-01; 10-4-2004 by Ord. No.
04-13; 4-5-2010 by Ord. No. 10-01; 2-7-2011 by Ord. No. 11-01; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
The following types of signs shall be permitted
in the Highway-Commercial, Heavy Commercial, Limited Highway-Commercial,
and Historic Commercial (C-1, C-2, C-2A, and C-H) Districts:
A. Any sign permitted under §
122-89, except that real estate signs shall not exceed nine square feet in area for a single use or 18 square feet in area for uses in combination such as a shopping center and provided that such real estate signs are removed upon transfer of the ownership of the property advertised for sale or upon leasing of the property advertised for occupancy.
B. Business signs identifying the written name and/or
type of business and/or trade or article for sale or rent on the premises
where the sign is located or otherwise calling attention to a use
conducted on the premises, subject to the conditions and requirements
listed below.
(1) Freestanding/ground signs.
(a)
Not more than one freestanding/ground sign shall
be permitted for a use occupying an individual structure on a single
lot. In the case of uses in combination, such as a shopping center,
industrial park or office park, only one freestanding/ground sign
shall be permitted to identify the uses in combination. A use occupying
an individual structure on a single lot or uses in combination which
have street frontage along Route 202 shall be limited to one freestanding/ground
sign along Route 202.
(b)
The total height of any one freestanding/ground
sign shall not exceed 15 feet, measured from ground level to the top
of the sign.
(c)
The total height of any one freestanding/ground
sign advertising a shopping center which is located on five acres
or more of property shall not exceed 22 feet, measured from ground
level to the top of the sign.
(d)
The total display area of one freestanding/ground
sign shall not exceed 50 square feet on one side in the C-1, C-2,
and C-2A Districts, or 20 square feet on one side in a C-H District.
(e)
The total display area of one freestanding/ground
sign advertising a shopping center which is located on five acres
or more of property shall in no case exceed 105 square feet on one
side in the C-1, C-2, and C-2A Districts or 50 square feet on one
side in the C-H District.
(f)
The total area of the sign support structure,
together with the display area of the sign, for a freestanding/ground
sign advertising a shopping center which is located on five acres
or more of property shall not exceed 300 square feet.
(g)
A freestanding/ground sign shall be erected
a minimum of 15 feet from the side or rear boundary lines of the property
where the sign is erected.
(h)
A freestanding/ground sign may be erected a
minimum of 15 feet from the paved cartway of Route 202, however, in
the event that Route 202 is widened after the sign is erected and
the location of the sign must be moved, the applicant must receive
conditional use approval from the Board of Supervisors to relocate
the new sign.
(2) Wall signs.
(a)
One wall sign shall be permitted to identify
a use occupying an individual building on a single lot unless such
building fronts on more than one street, in which case one such sign
may be placed on each side of the building having street frontage.
(b)
For integrated, multiple uses on a single lot
or within a single building, each use will be permitted one wall sign
per street where the building has street frontage for identification
and/or advertising purposes.
(c)
The total area of a wall sign shall not exceed
one square foot for every one lineal foot of building frontage. "Building
frontage" shall be defined as the lineal footage of a building face
which serves as the principal approach to a store or building and
which building face fronts a public street, shopping center driveway
or pedestrian walkway. The sign area for each street frontage shall
be computed separately, and any allowable sign area not used on any
one frontage may not be used on another street frontage.
(d)
The square-foot limitations set forth in Subsection
B(2)(c) above may be increased by one additional square foot for every five feet that the sign is set back from the required minimum front yard setback; provided, however, that the area of the sign shall not be increased by more than 15 square feet.
(e)
Wall signs shall be installed parallel to the
supporting wall and project no more than 12 inches from the face of
such wall.
(f)
Wall signs shall not project above the roof
line or cornice of the building incident to the use, and in no case
shall the height of the top of the sign exceed 35 feet measured from
the ground level.
(3) Off-site directional signs.
(a)
No more than two off-site directional signs
shall be permitted for any one use unless otherwise approved by the
Board of Supervisors.
(b)
Off-site directional signs shall not exceed nine square feet in area unless otherwise approved by the Zoning Hearing Board as a special exception pursuant to §
122-49B(3).
(c)
Off-site directional signs shall not be placed
so as to obscure visibility of drivers within the line-of-sight triangle
at intersections of public streets or intersections of private streets
or access drives with public streets.
(4) Window signs. Except as specified in §
122-90.1F, window signs shall not be permitted unless authorized by conditional use granted by the Board of Supervisors and provided that such signs are temporary and at any one time do not exceed 20% of the total glass area on the side of the building where they are placed.
(5) Canopy or awning signs.
(a)
One canopy or awning sign shall be permitted
to advertise an individual business use occupying an individual structure
on a single lot. For uses in combination, such as a shopping center,
industrial park or office park, each use will be permitted one canopy
or awning sign for identification and/or advertising purposes. The
number of canopy or awning signs that are permitted for motor vehicle
service stations shall be determined by the Board of Supervisors in
the conditional use or land development proceedings.
(b)
The lowest edge of the canopy or awning sign
shall be at least seven feet from the ground.
(c)
A canopy or awning without lettering or other
advertising shall not be regulated as a sign.
(d)
In cases where a wall sign is erected, the total
display area of a canopy or awning sign shall not exceed 16 square
feet. Where no wall sign exists, a canopy or awning sign shall not
exceed 24 square feet.
(6) Parking signs. Parking signs shall be permitted, provided
that they do not exceed two square feet in area on any one side.
(7) Public service signs.
(a)
Subject to the provisions of Subsection
B(7)(b) and
(c) below, a maximum of two public service signs shall be permitted per establishment.
(b)
Public service signs which advertise the availability
of restrooms, telephones or similar public conveniences may be erected
on the lot on which the use to which the sign relates is conducted,
provided that such signs do not exceed four square feet in area.
(c)
Public service signs that advertise meeting
times and places of nonprofit service or charitable clubs or organizations
may be erected on a lot other than the lot on which the use to which
the sign relates is conducted, provided that such signs do not significantly
advertise any commercial establishment or activity, organization,
product, good or service except those of public utilities, and provided
that such signs do not exceed nine square feet in area.
(8) On-site directional signs. These signs may be erected
for the benefit and/or convenience of the public on a lot with a commercial
use, provided that they do not exceed four square feet in area.
(9) Off-site traffic control signs. These signs may be
erected for the safety of the public on a lot with a commercial use,
provided such signs comply with all requirements in the Manual on
Uniform Traffic Control Devices (MUTCD).
(10)
Billboard signs shall be permitted, but only
when specifically authorized by special exception as a principal use
in the Highway-Commercial (C-1), Heavy Commercial (C-2), and Limited
Highway Commercial (C-2A) Districts and such sign is the sole principal
use of the lot and meets the following requirements:
(a)
Not more than one billboard sign shall be permitted on a single lot. The standards set forth in this §
122-90B(10) shall supersede the requirements for principal uses as set forth in the respective district regulations for the zoning district in which a billboard sign is proposed.
(b)
The minimum net lot area must be 8,000 square feet, and the
minimum lot width at the front lot line and at the front yard setback
shall be 85 feet. The lot shall not contain any other buildings, structures
or improvements, except those necessary for the operation, maintenance
or security of the billboard sign.
(c)
The total height of any billboard sign shall not exceed 15 feet,
measured from the average ground level to the top of the sign, including
all structural components. There shall be a minimum of six feet of
clearance (not including structural ground supports) under the lower
edge of the signboard.
(d)
A billboard sign structure may have no more than two sign faces
of equal size, shape and dimension. The total display area of a billboard
sign shall not exceed 128 square feet on one side, including border
and trim, but excluding supports.
(e)
No portion of a billboard sign shall be located closer than
40 feet to the side or rear boundary lines of the lot upon which the
sign is erected.
(f)
No portion of a billboard sign shall be located closer than
30 feet to the right-of-way of Route 202. However, in the event that
Route 202 is widened after the sign is erected and the location of
the sign must be moved, the applicant must receive special exception
approval from the Zoning Hearing Board to relocate the new sign. No
billboard sign shall be located within a safe, clear-sight distance
or a safe-stopping distance of a signalized intersection, which distance
shall be determined in accordance with applicable Pennsylvania Department
of Transportation (PennDOT) standards. No portion of a billboard sign
shall interfere with or obstruct vehicle traffic, travel or ingress
and egress to a public street.
(g)
No billboard sign shall be located closer than 500 feet to any
other billboard sign, nor within 120 feet of the right-of-way line
of any intersecting street, as measured between the closest points
of each sign.
(h)
Where a billboard sign would be visible from a residential district or use, the sides and/or rear yard shall be screened in accordance with the requirements of §
122-102D of this chapter.
(i)
Each lot upon which a billboard sign shall be located shall
have a maximum of 10% thereof covered by impervious surfaces. All
nonimpervious surfaces shall be landscaped in accordance with a landscape
plan to be submitted to the Zoning Hearing Board as part of the special
exception application.
(j)
A billboard sign structure may contain only one sign or advertisement
per face. No part of the sign shall extend beyond the borders of the
signboard structure.
(k)
Billboard signs shall conform to the illumination standards as set forth in §
122-88B.
(l)
No revolving or electronic billboard signs, including, but not
limited to, flashing signs, signs with intermittent illumination,
signs with mechanically or electronically changing messages, or electronic
digital signs, shall be permitted.
(m)
All billboard signs and landscape materials as approved by the Zoning Hearing Board shall be maintained in good condition. The structural components of the sign shall be maintained to ensure their integrity and to prevent the possible collapse of the sign. Any damage to the structural components shall be repaired within 24 hours of receipt of notice of such damage from the Township. Signs having ripped, defaced or partial advertisements shall be immediately repaired by having the advertisement restored to its original condition, removed, or covered. The Zoning Hearing Board, in granting a special exception for a billboard sign, may condition such approval upon the applicant's posting of a bond, in an amount of 15% of the estimated cost of the improvements to the lot (including signage, structural supports and landscaping), to assure both continued maintenance of the property in accordance with this Subsection
B(10)(m) and proper removal of the sign upon abandonment or other termination of use. If a signboard shall remain vacant for a continuous period of one year, it shall be presumed to have been abandoned.
(n)
The grant of a special exception for construction of any billboard sign upon a lot which is subdivided to meet, upon subdivision approval, the requirements of this §
122-90B(10), but would otherwise not be in compliance with the area and bulk regulations applicable to principal uses within the zoning district in which the lot is located, shall be conditioned upon the applicant's recording of a declaration of restrictions, in a form and content that is satisfactory to the Township Solicitor, which shall provide public notice with respect to the lot and billboard signage as follows:
[1]
The subject property, while meeting the area and bulk requirements
for construction and location of a billboard sign, does not meet the
area and bulk requirements for any other permitted use within the
specify C-1, C-2, or C-2A Zoning District. Consequently, the subject
property may be used only for construction and location of a billboard
sign and cannot be used for any other use which would otherwise be
permissible within the C-1, C-2, or C-2A Zoning District.
[2]
The applicant acknowledges that any future hardship created
by the fact that the subject property does not contain sufficient
lot area for any principal use other than a billboard sign is self-created
and cannot form the basis for the application for any variance from
the otherwise applicable minimum lot area and bulk requirements.
[3]
In the event that the principal use of the subject property
for a billboard sign shall terminate at any time in the future, the
subject property may only be used for another billboard sign or for
a reverse subdivision, whereby the subject property is appended to
an adjacent parcel of land in order to achieve the applicable minimum
lot area and bulk requirements for a use, other than a billboard sign,
permitted in the C-1, C-2, or C-2A Zoning District.
C. Signs permitted by conditional use in the C-1 Highway Commercial District. The Board of Supervisors may permit additional signage in the C-1 Highway Commercial District by conditional use, subject to the satisfaction of the following specific standards and regulations, in addition to those set forth in §
122-127 of this chapter.
(1) Properties located in whole or in part in the C-1
Highway-Commercial District, and containing a combination of uses,
including, but not limited to shopping centers, may be permitted one
additional sign subject to the following criteria:
(a)
The entire tract on which the uses to be served
by the proposed additional sign shall be a minimum of 25 acres;
(b)
The parcel shall have frontage along a major
arterial street in excess of 150% of that required for a lot in the
C-1 District;
(c)
Due to circumstances unique to the lot served
by the sign, such as grading, speed of traffic and interior circulation,
the signage allowed by right is not adequate to properly identify
the businesses and uses located on the property;
(d)
The proposed additional sign shall not interfere
or otherwise have a negative impact upon safe operation of the roadway
and intersections in the vicinity of the sign.
(2) The area and size of any additional sign permitted
by conditional use shall be such as is approved by the Board of Supervisors,
based on the evidence presented to the Board of Supervisors at the
conditional use hearing, but in no event shall the area and size of
the sign be any greater than 75% of the size and area dimensions of
the primary freestanding sign serving the tract.
D. Temporary
signs for commercial events, provided that the Board of Supervisors
approves the location, size, area, and length of time that such sign
shall be erected.
The following signs shall be exempt from the
requirement of obtaining a sign permit. Exempt signs shall, however,
conform to all other applicable regulations in this chapter.
A. Official traffic signs, official highway route number
signs, street name signs, directional or other official federal, state,
county or Township signs.
B. Trespassing signs or signs indicating the private
nature of a road, driveway or premises, signs prohibiting or otherwise
controlling hunting or fishing upon particular premises and signs
indicating ownership of a property, provided that the sign area does
not exceed two square feet.
C. Signs displaying the name and address of the occupant
of the premises, provided that the area of any such sign shall not
exceed one square foot and not more than one such sign shall be erected
for each property held in single and separate ownership unless such
property fronts on more than one street, in which case one sign may
be erected on each street frontage.
D. Government flags or insignias not exceeding 80 square
feet.
F. Window signs indicating the store hours, provided
that the total area of such sign or signs does not exceed two square
feet.
G. Memorial signs or historical tablets, provided that
such sign or tablet does not exceed four square feet.
H. Signs which are a permanent architectural feature
of a building or structure, such as a cornerstone or identifying letter
carved into or embossed on a building, provided that the letters are
made of a reflective material and do not contrast in color with the
building.
I. Revolving barbershop pole sign, provided that it does
not exceed 36 inches in height.
J. Temporary noncommercial event signs advertising a yard sale, garage sale, or "open house," provided that they comply with the requirements of §
122-89H and provided that a permit is obtained from the Birmingham Township Police Department pursuant to §
82-10 of the Birmingham Township Code for an open house sign that is erected off site.
[Amended 2-7-2011 by Ord. No. 11-01]
K. Political signs, provided that they do not exceed
four square feet in area and are removed within seven days after the
election or referendum.
L. Construction/development signs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, association, partnership, corporation or entity who or which violates any provision of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment as set forth in §
122-141A.
[Added 2-7-2011 by Ord. No. 11-01]
In addition to requirements for temporary signs as set forth hereinabove, all temporary signs, including temporary signs for which a permit is required and temporary signs exempted from the requirement of obtaining a sign permit pursuant to §
122-90.1, shall comply with the following additional regulations:
A. Except
as specifically authorized for temporary commercial event signs, temporary
signs shall be limited to freestanding signboards or wall signs, and
shall not include signs, banners, posters, flags, pennants, balloons
or other similar promotional devices.
B. No temporary sign shall be illuminated, and all temporary signs must specifically comply with the requirements of §
122-88B(1) and
(2).