[Amended 2-17-2014 by Ord. No. 306]
The objectives of the provisions contained herein are as follows:
to promote and maintain overall community beautification; to establish
certain size, design, placement and construction standards for signs;
to establish reasonable regulations on the exercise of free speech;
to promote the health, safety and welfare of the community by lessening
hazards to pedestrians and vehicular traffic; to promote appropriate
and efficient use of the land.
In all zoning districts, signs may be erected,
altered, maintained, used, removed or moved only when in compliance
with the provisions of this article and any other applicable ordinance,
regulation or provision of this chapter.
As used in this article, the following terms shall have the
meanings indicated:
A sign or any device designated to attract attention by visual
means through the movement or semblance of movement by mechanical,
electrical or natural means. Unless otherwise specified by this chapter,
an animated sign shall be prohibited.
Area of a sign shall include all lettering, wording, and accompanying
designs and symbols, together with the background, whether opened
or enclosed, on which they are displayed, but not including any supporting
framework and bracing incidental to the display itself.
Where the sign consists of individual letters or symbols attached
to a building, canopy, wall or window, the area shall be considered
to be that of the smallest rectangle or other regular geometric shape
which encompasses all of the letters and symbols.
In computing square foot area of a double-faced sign, only one
side shall be considered, provided that both bases are identical.
If the interior angle formed by the two faces of the double-faced
sign is greater than 45°, then both sides of such sign shall be
considered in calculating the sign area.
The size of any sign shall be computed by multiplying its greatest
height by its greatest length, exclusive of supporting structures,
unless the supporting structure is illuminated or is in the form of
a symbol or contains advertising copy. In the case of signs that have
no definable edges, such as raised letters attached to a building
façade, the sign shall be that area within a single, continuous
perimeter enclosing the extreme limits of the actual message or copy
area.
A projecting sign and consisting of cloth, metal plastic
or similar material supported by a frame structure attached to a building.
An awning sign may identify the name and/or address of the building
or the establishment therein. An awning may be equipped with a mechanism
for raising or holding the awning or canopy in a retracted position
against the building.
A sign generally constructed of nylon, canvas or similar
all-weather material installed vertically or horizontally and supported
by a pole or post and designed to have movement via the wind. Banner
signs are prohibited unless approved by the Borough Council for community
events. Any approved banner sign shall be considered temporary.
Off-premises sign erected and maintained for the purpose
of displaying outdoor advertising by means of posters, pictures, pictorials
or other reading of visual displays on which advertising space is
purchased or leased for a fixed period of time.
A permanent sign indicating the name of a subdivision or
residential and/or commercial establishments within a designated area.
A sign with two faces that is parallel and facing opposite
directions matching in size and shape.
A sign supported by means of poles or stands, either on the
ground or on the roof of a building. The height of a freestanding
sign shall be measured from curb level.
A sign designed to project or reflect artificial light from
an internal or external source which may be directly or indirectly
illuminated.
A projecting sign attached to a building, or portable sign,
that includes changeable letters, messages or displays.
A sign which directs attention to a person, business, profession,
home occupation or activity not conducted on the same lot.
A sign which directs attention to a person, business, profession,
home occupation or activity conducted on the same lot.
A sign mounted parallel to a wall or other vertical building
surface. A parallel sign shall not extend beyond the edge of any wall
or other surface to which it is mounted and shall not project more
than 12 inches from the surface.
A temporary sign designed to be moved from place to place
that is not fixed or anchored to the ground.
A sign mounted to a wall or other vertical building surface,
other than a parallel sign. Projecting signs shall be at least eight
feet above ground level immediately below and shall not in any way
interfere with normal pedestrian or vehicular traffic.
Any structure, device, display, or part thereof, or device
attached thereto, or painted or represented thereon, located outside,
on or within the building in such a manner that it is viewed from
outside the building, which shall be used for the purpose of bringing
the subject thereof to the attention of the public or which displays
or includes any letter, word, motto, banner, pennant, flag, insignia,
device or representation which is in the nature of an advertisement,
announcement, direction or attraction, but not including the flag,
emblem or insignia of the United of America, the Commonwealth of Pennsylvania,
or any political subdivision thereof.
A sign such as those advertising civil, social or political
gatherings, and/or fund-raising activities; and signs of real estate
concerns, contractors, artisans and mechanics whose signs are intended
for short-term display.
A temporary or permanent sign which is oriented to the public
right-of-way, is legible to persons in vehicles, and is located on
the outside or inside of a window to direct attention to an activity
conducted on the same lot.
In the R-1 and HD Districts, the following types of signs and no others shall be allowed for uses permitted in each district as indicated in § 340-19, Use regulations:
A.
Official highway route number signs, street name signs,
and other official traffic signs may be erected and maintained in
the interest of public safety or for the regulation of traffic.
B.
Temporary signs advertising the sale or rental of
premises upon which said sign has been erected, or signs indicating
that said premises has been sold or rented, provided that:
(1)
Such signs shall be erected only on the premises to
which they relate.
(2)
The area on one side of any such sign shall not exceed
six square feet.
(3)
No more than one such sign shall be placed on any
property held in single and separate ownership, unless such property
fronts on more than one public street, in which event one such sign
may be erected on each street frontage.
(4)
Such sign shall be removed from the property within
45 days after an agreement of sale or rental has been entered into,
whether there are any conditions in the agreement or not, or removed
within 20 days from the date of occupancy, whichever is the lesser
period of time.
(5)
A maximum of three temporary off-site directional
signs advertising an open house are permitted. The signs may be posted
only on the date of the open house on a property with the permission
of the property owner. The signs shall be removed within one hour
of the close of the open house. The maximum size of the sign shall
be four square feet.
C.
Identification signs for schools, churches, hospitals,
or similar institutions and for clubs, lodges, estates or similar
uses, provided that:
(1)
The size of any such a sign shall not exceed 12 square
feet.
(2)
Not more than one such sign is placed on any premises
held in single and separate ownership unless such property fronts
upon more than one street, in which event one such sign may be erected
on each street frontage.
(3)
Said signs may only be located on the premises that
they identify.
D.
Temporary signs advertising political parties or candidates
or issues for an election may be erected and maintained, provided
that:
E.
Temporary signs advertising civil, social or political
gatherings, fund-raising activities, may be erected and maintained,
provided that:
F.
Trespassing signs or signs indicating the private
nature of a road, driveway, or premises and signs prohibiting or otherwise
controlling fishing and hunting upon a particular premises may be
erected and maintained, provided that the size of any such signed
shall not exceed two square feet per side.
G.
Profession, home occupation, or name signs indicating
the profession and/or activity and/or the name of the occupant of
the dwelling, provided that:
(1)
Not more than one such sign shall be erected for each
permitted use or dwelling unit.
(2)
Any such sign shall be erected only on the premises
wherein the professional use or home occupation is located.
(3)
The erector of signs for professional, home occupation
or name signs indicating the profession and/or activity must apply
for a permit from Silverdale Borough prior to displaying such signs.
H.
Signs of mechanics, contractors and artisans may be
erected and maintained during the period such persons are performing
work on the premises on which such signs are erected, provided that:
(1)
The size of any such sign shall not exceed four square
feet.
(2)
Not more than one sign for each such mechanic, contractor
or artisan shall be placed on any one property on which such person
is performing work, unless such property fronts upon more than one
street, in which event each mechanic, contractor or artisan in many
erect one such sign on each street frontage.
(3)
Such signs shall be removed promptly upon completion
of work by the mechanic, contractor or artisan.
I.
Directional, informational or public service signs,
such as signs advertising the availability of restrooms, telephones
or similar facilities of public convenience, shall not exceed three
square feet per side in size.
J.
One nonilluminated or externally illuminated sign
at the principle access street or access drive to a residential development
or complex indicating the name of such area or complex and, in the
case of a rental complex, the name of the owner or management organization,
subject to the following requirements:
In the RC and I/I Districts, the following types of signs, and no others, shall be allowed for uses permitted in each district as indicated in § 340-19, Use regulations:
A.
Any sign erected and maintained in accordance with the provisions of § 340-19, provided that the use to which it refers is permitted in RC and I/I Districts.
B.
Signs advertising a business, industry, or other permitted
use, when located on the site where such use is conducted, may be
erected and maintained within the following limitations or restrictions.
The square footage computation will be ascertained by reference to
the entire area of the sign, including incidental decorative trim
and the framework. For freestanding signs only, the area measure of
each sign shall include all separate components, which shall not exceed
three in the number. For projecting or freestanding double-faced signs,
only one display face shall be measured in computing total sign area
where the sign faces are parallel or where the interior angle formed
by the faces is no more than 45°.
C.
Signs shall meet the following construction criteria:
(1)
Freestanding signs. Not more than one such sign shall
be erected on any one premises under single and separate ownership
or on the premises leased or utilized by any one business establishment;
the total area of such sign shall not exceed 25 square feet per side,
with the maximum height to top-of-sign not to exceed 10 feet from
ground level.
(2)
Building signs. The total number of building signs under Subsection C(2)(a) and (b) below shall in no event exceed one per building, unless such building fronts upon more than one street, in which event one such sign may be erected on each street frontage.
(a)
Signs which are part of the architectural design
of such building shall be exempt from size requirements, except that
such signs shall be restricted to an area not more than 7% of the
wall area, including windows and doors, of the wall upon which such
sign is affixed or attached, and such signs shall not protrude above
the structural wall of which they are a part. Where the sign consists
of individual letters or symbols attached to a building, wall or window,
the area of such sign shall be considered to be that of the smallest
rectangle or other regular geometric shape which encompasses all of
the letters and symbols.
(b)
Any projecting sign mounted to a wall or other
vertical building surface and which projects at right angles from
the façade shall not project more than three feet from the
wall or surface to which it is mounted and shall not exceed 10 square
feet in size.
(c)
A single building sign, which shall be no more
than 25 square feet in extent where mounted flush on the structure,
or where a building or structure fronts on more than one street, two
building signs, which shall be no more than 20 square feet for one
and 10 square feet for the second where mounted flush on separate
walls, may be erected in place of any freestanding signs, only where
such freestanding signs are permitted by this chapter. No freestanding
sign or signs shall be erected on the premises where building signs
are erected in conformity with this subsection.
D.
Directional signs of three square feet or less are
permitted for traffic control purposes, provided that such signs do
not contain advertising copy.
E.
Exterior temporary signs, including all movable signs
such as those advertising commercial sales, when located on the site
where such use is conducted, may be permitted for a period not to
exceed 30 days in any one calendar year for any one premises or commercial
use.
(1)
The size of any temporary sign may not exceed 20 square
feet.
(2)
Application for a temporary sign permit shall be made
to the Borough, accompanied by the required permit fee deposit. If
such signs are not promptly removed at the end of the authorized period,
the Borough will then have them removed and forfeit the sum deposited
to reimburse the expense incurred in removal.
F.
If an establishment does not have street frontage
or if the place of business is not visible to passersby on the adjacent
street, then that business shall have the right to construct an additional
sign not exceeding four square feet at the street line entrance to
the property, provided the property owner where the sign is placed
grants permission and setbacks are adhered to.
General sign regulations shall apply as follows:
A.
Location and placement of signs.
(1)
Obstruction. No sign shall be placed in such a position
that it will cause danger to traffic on a street or entering a street
by obscuring the view or which hides from view or interferes with
the effectiveness of an official traffic control device.
(2)
Location. All parts of any sign, except for official
traffic and street signs, shall observe the placement requirements
established herein.
(a)
In no case shall any sign be erected or maintained within 15 feet of the edge of the cartway or curb or be located within or project over the legal right-of-way of any existing or proposed street or road, whichever is greater. Home occupation or name signs, as described in § 340-19, shall be exempt from this provision.
(b)
No sign shall be erected or maintained within
a distance of 20 feet from the side line of a lot.
(c)
No sign shall be within 50 feet of the intersection
of any street lines.
(d)
No sign shall be erected and maintained within
a parking space or fire lane.
(3)
Code requirements. All signs over two square feet
in size, other than those permitted within the street right-of-way,
shall be considered as structures and shall conform to the provisions
of this chapter, the Borough Building Code, and any other ordinance
regulations of the Borough.
(4)
Prohibited signs. The following signs are unlawful
and prohibited:
(a)
No signs shall be of a flashing, rotating or
revolving, electronic digital or neon type.
(b)
Novelty signs, including but not limited to
subjects (i.e., tires, automobiles, food products, etc.), pennants,
banners, balloons, bulletin boards and animated signs, shall not be
permitted.
(c)
Roof signs are not permitted.
(d)
Internally illuminated signs are not permitted.
(e)
Any permanent sign erected on a tree or utility
pole or painted or drawn on a rock or other natural feature is prohibited.
(f)
Any banner sign or sign of any other type across
a public street or on any private property is prohibited, except for
such signs which are approved by the Borough Council and of general
benefit to the municipality or for public convenience, necessity,
or welfare.
(g)
Any sign suspended between poles which is either
a pennant which blows in the wind or a spinner which spins in the
wind is prohibited.
(h)
Any sign is prohibited which does not conform
to the requirements of the ordinance which was an affect when the
sign was erected.
(i)
No sign may exceed 10 feet in height.
(j)
Signs are prohibited which in any way simulate
official, functional, directional, or warning signs maintained by
the United States government, the Commonwealth of Pennsylvania and
any county or municipality thereof or by any railroad or public utility
or similar agency concerned with the protection of public health or
safety.
(k)
No sign shall be erected on which information
is stated or implied that the property may be used for any purpose
not permitted under the provisions of this chapter in the zoning district
in which the property to which the sign relates is located.
(l)
No signs, except those of a duly constituted
governmental body, including traffic signs and similar regulatory
notices, shall be allowed within street lines, unless specifically
authorized by the ordinances and regulations of the Borough and in
compliance with Commonwealth of Pennsylvania regulations.
(m)
Any vehicle to which a sign is affixed in such
a manner that the carrying of such sign or signs is no longer incidental
to the vehicle's primary purpose, but becomes a primary purpose in
itself, is prohibited.
(n)
No audible signs.
(5)
Illuminated signs. Externally illuminated signs are
permitted and subject to the following requirements:
(a)
Illuminated signs facing an occupied dwelling unit within any district shall comply with § 340-54 , Glare.
(b)
Illuminated signs with any form of exposed neon
or other tubes are prohibited.
(c)
No red, green or yellow illuminated sign shall
be permitted within 300 feet of an intersection.
(d)
Lighting shall not create a hazard, become a nuisance or contribute
to light pollution.
(6)
All permanent signs shall be professionally lettered
and neatly displayed.
A.
All signs must be constructed of durable materials
and must be kept in good condition and repair at all times. To the
extent applicable, Building Code requirements shall be met.
B.
No sign shall be illuminated by other than electrical
means. All electrical wiring related to signs shall be contained in
rigid conduits or enclosed polls or raceways. All electrical sign
components, connections and installations shall conform to specifications
of the National Electrical Code and Underwriters Laboratories. Licensed
electricians shall be employed for field work and connections to the
owner's panel box.
C.
Detailed plans showing supporting structural members
and foundations must be submitted to the Building Inspector's office
for approval before issuance of a permit. The seal of a registered
engineer shall be required on all plans in any instance when the Building
Inspector or the Borough deems the approval of a registered engineer
necessary to public safety.
A.
The owner of any property or premises upon which any
sign is erected shall be responsible for its complete removal at such
time as the circumstances which caused its erection have ceased to
exist or at such other time that the sign must be removed under any
other provisions of this chapter. If the owner of any property upon
which a sign has been erected shall fail or neglect to remove it as
hereinabove required, the Zoning Officer shall give notice, by certified
mail, to the owner. If this letter is returned undelivered for any
reason, he may post such notice upon the premises. If, upon the expiration
of 30 days following notice, the owner fails to remove the sign, the
Zoning Officer shall arrange for its removal on behalf of the Borough,
at the expense of the property owner, and the Borough shall bill the
owner for the cost of such work plus 10% for administrative cost.
If such bill remains unpaid after the expiration of 30 days, the Borough
Solicitor shall take the necessary steps to collect the same. Failure
of the property owner to remove such sign after the notice hereinabove
provided shall continue a violation of the terms of this chapter,
and each day's continuation of such failure shall constitute a separate
violation.
B.
If the owner of any sign in violation is not the owner
of the premises on which it is situated, the identical notices specified
above may be issued to him in like manner, and such owners of the
sign shall be required to take such steps to comply with the notice
or notices issued to him as though he were the owner of the property
or premises on which the sign is located. If such owner of the sign
fails to comply, such failure shall constitute a violation of the
terms of this chapter. Such owner of the sign shall be liable to the
same extent as the owner of the property or premises on which the
sign is located.
If the Borough finds that any sign regulated herein is unsafe or insecure or is a menace to the public or has been constructed, erected, or maintained in violation of the provisions of this chapter, he/she shall give notice, in this same manner as § 340-73A above, to the party to whom the permit was issued to erect the sign or to the owner of the premises where the sign is located or to the owner of the sign, or to any combination of them. If the parties notified failed to remove or alter the sign to comply with the standards herein set forth within 10 days after notice, such sign may be removed or altered by the Borough at the expense of each and every person notified. The expenses of removal or alteration shall be computed and paid for by the parties notified in the same manner as in § 340-73A above, and the same sanctions shall apply. The Building Inspector may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
Any sign existing and lawful at the time of
the passage of this chapter that does not conform in use, location,
height or size with the regulations of the district in which the sign
is located shall be considered a nonconforming use and may continue
in such use in its present location until replacement or rebuilding
becomes necessary, at which time a zoning permit shall be required
and the sign must be brought into conformity with this chapter. If
the sign is a part of a greater nonconforming use of the property,
any such sign may be maintained, modernized or replaced without increasing
its size, provided that such sign was legally erected prior to the
adoption of this chapter. If the nonconforming use of the property
is changed to another nonconforming use or to a permitted use, such
sign shall be brought into conformity with the requirements of this
chapter.
A.
Zoning permits. A zoning permit shall be secured prior
to the erection, structural repair, alteration or relocation of any
sign within the Borough. The changing of movable parts of an approved
sign that is designed for such changes or the repainting or reposting
of display matter shall not be deemed an alteration, provided that
the conditions of the original approval are not violated. For purposes
of obtaining a zoning permit, the applicant shall make application,
in writing, and shall submit a plot plan, a sketch of design and lettering,
and construction plans, including the roads, structures, anchorage
and any other pertinent engineering data, to the Zoning Officer. The
plot plan shall indicate all existing structures, including signs.
The application shall contain all necessary facts with respect to
signs already existing on the property.
(1)
Any erection, construction, reconstruction, alteration
or moving of any sign, poster or advertising structure shall be commenced
within one year after the date of issuance of the zoning permit. If
not, the permit shall be considered null and void.
(2)
Signs described in § 340-69A through I of this chapter shall be exempt from the permit requirements of this subsection. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection in a safe manner and in a manner in accordance with all other provisions of this chapter.
B.
Inspection. The Building Inspector shall require the
proper maintenance of all signs and shall inspect every sign for which
a permit is required within 10 days after work is complete on the
sign.
C.
Fees. Permit fees and refundable escrow deposit amounts,
as required herein, shall be set from time to time by resolution of
the Borough Council.
D.
Plan requirements. Any sign which is intended to be
used or included in any development or plan of building or development
to be submitted and reviewed by the Borough shall be identified in
the plan, including location, size, nature of the sign materials and
the purpose of the sign.
