Words and terms used in this article shall have the meanings
given in this section. Unless expressly stated otherwise, any pertinent
word or term not part of this listing but vital to the interpretation
of this article shall be construed to have their legal definition,
or in absence of a legal definition, their meaning as commonly accepted
by practitioners including but not limited to civil engineers, surveyors,
architects, landscape architects, and planners.
ABANDONED SIGN
A sign located on a property or premises that is vacant,
and/or otherwise not in use, or which has not identified or advertised
a current business, service, owner, product, or activity for a period
of six consecutive months or more, or a sign that is dilapidated or
vandalized and not repaired within six consecutive months from the
day of the damaging event, or for which no legal owner can be found,
shall be considered abandoned, unless there is some specific action
taken by the owner indicating to the Township otherwise during the
six-month period.
ALTERATION
Any structural change or repair of an existing sign.
ANIMATED SIGN
A sign depicting action, motion, or light or color changes
through electrical or mechanical means.
AWNING
A cloth, plastic, or other nonstructural covering that projects
from a wall for the purpose of shielding a doorway or window. An awning
is either permanently attached to a building or can be raised or retracted
to a position against the building when not in use.
AWNING SIGN
Any sign painted on, or applied to, an awning.
BACK-TO-BACK SIGN
A sign constructed on a single set of supports with messages
visible on both sides, provided that the message boards shall be physically
contiguous.
BALLOON SIGN
A balloon, tethered in a fixed location, which contains an
advertisement message on its surface or attached to the balloon in
any manner. See "inflatable sign."
BANNER
A long strip of cloth, bunting, plastic, paper or similar
nonrigid material bearing a slogan or design hung in a public view
or place. Banners are temporary in nature and do not include flags
or feather flag signs.
BEACON LIGHTING
Any source of electric light, whether portable or fixed,
the primary purpose of which is to cast a concentrated beam of light
generally skyward as a means of attracting attention to its location
rather than to illuminate any particular sign, structure, or other
object.
BUILDING FRONTAGE
The maximum linear width or length, whichever is greater,
of a building measured in a single straight line parallel, or essentially
parallel, with the abutting public street or parking lot.
CALENDAR YEAR
The one-year period that begins on January 1 and ends on
December 31.
CANOPY
A structure other than an awning made of fabric, metal, or
other material that is supported by columns or posts affixed to the
ground and may also be connected to a building.
CANOPY SIGN
A sign suspended from, attached to, supported from or forms
a part of a canopy, provided that such sign shall not extend beyond
the vertical or horizontal boundary of any canopy.
CARTWAY
The graded portion of a street or alley including the traveled
way and shoulders.
CHANGEABLE COPY SIGN
A sign or portion thereof on which the copy or symbols change
either automatically through electrical or electronic means or manually
through placement of letters or symbols on a panel mounted in or on
a track system. The two types of changeable-copy signs are manual
changeable copy signs and changeable electronic variable message signs,
which include message center signs, digital displays, and tri-vision
boards.
CHANGEABLE ELECTRONIC VARIABLE MESSAGE (CEVM) SIGN
A sign in which light is turned on or off intermittently
by any means, including any illuminated sign on which such illumination
is not kept stationary or constant in intensity and color at all times
when such sign is in use; including alternative sign displays of a
digital or controlled light-emitting variety, including digital signs
that may be scrolling message boards, liquid crystal display (LCD),
or plasma display panels, electronic billboards, projection screens,
or other emerging display types like living surfaces such as organic
light-emitting diode (OLEDs), light emitting diode (LED), light emitting
polymer (LEP) and organic electro-luminescence (OEL), that can be
controlled electronically using a computer or other devices, allowing
direct or remote access and control of graphic, text or content, and
which may vary in intensity or color. A CEVM sign does not include
a sign located within the right-of-way that functions as a traffic
control device and that is described and identified in the Manual
on Uniform Traffic Control Devices (MUTCD) approved by the Federal
Highway Administration as the national standard (often referred to
as digital, electronic, electronic graphic or similar).
[Amended 4-23-2019 by Ord. No. 549]
CHANNEL LETTER SIGN
A sign consisting of fabricated or formed three-dimensional
letters, individually applied to a wall, which may accommodate a light
source.
CLEARANCE
The distance above the walkway, or other surface if specified,
to the bottom edge of a sign. This term can also refer to a horizontal
distance between two objects.
COMMERCIAL OR INDUSTRIAL CENTER
A premises on which there are two or more separate occupancies
located within the same or an adjacent building or buildings on the
same commercial or industrial plot of record.
CONSTRUCTION SIGN
Any sign temporarily erected and maintained on a particular
premises while construction is taking place on said premises to identify
the project designer, architect, contractor, developer, finance organization,
subcontractor, and/or material's vendor, upon which property such
individual or entity is furnishing labor, financing, material or other
services. Also known as "project sign."
DIGITAL DISPLAY
The portion of a sign message made up of internally illuminated
components capable of changing the message periodically. Digital displays
may include but are not limited to LCD, LED, or plasma displays. Also
see "changeable copy sign" and "changeable electronic variable message
sign."
DILAPIDATED SIGN
Any sign which is a potential hazard to the public, structurally
unsound, or more than 60% of entire structure is in need of substantial
repair, painting or maintenance.
DIRECTIONAL SIGN
A.
A sign, erected or permitted in the public right-of-way or on
private property by Tobyhanna Township or by another governmental
agency, to denote, by way of example but not limited to the following:
the name of any thoroughfare or the route to any city, town, village,
educational institution, public building, historic place, shrine or
hospital, to direct and regulate traffic, or to denote any railroad
crossing, bridge or other transportation company or public utility
for the direction or safety of the public.
B.
A sign, notice or symbol for information relating to the Federal
Aviation Agency, its agents or licensees as to locations, directions,
landings and conditions affecting safety in aviation.
DIRECTORY SIGN
A sign that provides a listing of the names of businesses,
activities, addresses, locations, uses or places within a building
or complex of buildings for the purpose of giving directions, instructions
or facility information and which may contain the name and logo of
an establishment but no advertising copy.
DOUBLE-FACED SIGN
A sign with two faces which are usually, but not necessarily,
parallel, or on which the angle created by the signs is not greater
than 45°.
ELECTRICAL SIGN
An illuminated sign and/or sign structure in which electric
wiring, connections and/or fixtures are used as part of the sign proper.
EXISTING SIGN
Any sign that was erected, mounted or displayed prior to
the adoption of this article.
FACADE
The entire building wall, including street wall face, and
parapet, facia, windows and doors on any complete elevation, but excluding
any roof or portion thereof.
FEATHER FLAG SIGN
A temporary vertical portable sign typically constructed
of a single plastic or metal shaft driven into the ground for support
or supported by means of an individual stand with an attached harpoon-style
pennant that is vertically elongated and attached to the shaft used
to draw attention to a commercial or noncommercial message. A feather
flag is also known as concave, convex, angled, straight, teardrop,
sail, bow flags.
FESTOON LIGHTING
A type of illumination comprised of either: a) a group of
incandescent light bulbs hung or strung overhead or on a building
or other structure, or b) light bulbs not shaded or hooded or otherwise
screened to prevent direct rays of light from shining on adjacent
properties or rights-of-way.
FLAG/FLAG SIGN
A device generally made of flexible material, using cloth,
paper or plastic, typically oblong or square, attachable by one edge
to a pole or rope and used as a symbol of a government, school or
religion, and not containing a commercial message. The term "flag"
does not include feather flag signs. For the purpose of this definition
a flag may be used to promote a business to be open.
FLASHING SIGN
A sign whose artificial illumination is not kept constant
in intensity at all times when in use and which exhibits changes in
light, color, direction, or animation. This definition does not include
electronic message centers signs or digital displays that meet the
requirements set forth herein.
FOOTCANDLE
A unit of incident light (on a surface) stated in lumens
per square foot and measurable with an illuminance meter, a.k.a. footcandle
or light meter. One footcandle is equal to one lumen per square foot.
FOOTLAMBERT
A unit of emitted light (from a surface) stated in lumens
per square foot and measurable with an illuminance meter, a.k.a. footcandle
or light meter. One footlambert is equal to one lumen per square foot.
FREESTANDING SIGN
A sign supported by a sign structure secured in or on the
ground and which is wholly independent of any building, fence, vehicle
or other support. Also see "pole" or "monument."
FRONTAGE
The length of the property line of any one parcel serving
as a public right-of-way line. In the case of corner lots, the shorter
of the two street lines shall be considered the frontage.
GOVERNMENT SIGN
Signs placed or erected by governmental agencies, fire, fire
and rescue, ambulance or other similar organizations directly affiliated
with Tobyhanna Township for the public interest, for control of traffic
and for other regulatory purposes; street signs; warning signs; railroad-crossing
signs; public service signs; signs indicating danger; and aids to
service and safety which are erected by or for the government.
HEIGHT (OF SIGN)
The vertical distance measured from the average elevation
of the nearest road center line, or the average grade at the sign
location, to the top of the sign face or sign structure, whichever
is greater.
HISTORIC DESIGNATION
Signs placed on an historic site or building identifying
the area or structure as an historic landmark as designated by a local,
state, or federal government. If said sign is a wall sign, it shall
not exceed six square feet in area.
HISTORIC DISTRICT
A district or zone designated by a local, state, or federal
government, within which buildings, structures, and/or appurtenances
are deemed important because of their association with history, or
because of their unique architectural style and scale.
HOLIDAY DECORATIONS
Signs or displays including lighting which are a nonpermanent
installation celebrating national, state, and local holidays, religious
or cultural holidays, or other holiday seasons (also known as "seasonal
decorations").
ILLUMINATED SIGN
A sign with electrical equipment installed for illumination,
either internally illuminated through its sign face by a light source
contained inside the sign or externally illuminated by a light source
aimed at its surface.
ILLUMINATION
A source of any artificial or reflected light, either directly
from a source of light incorporated in or indirectly from an artificial
source.
A.
EXTERNAL ILLUMINATIONArtificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.
B.
INTERNAL ILLUMINATIONA light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this article.
C.
HALO ILLUMINATIONA sign using a three-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect (also known as "back-lit illumination").
INCIDENTAL OR INSTRUCTIONAL SIGN
A sign, generally informational, that has a purpose secondary
and incidental to the use of the lot on which it is located, such
as "no parking," "entrance," "loading only," "telephone" and/or similar
directives and which may include a business logo or name.
INCIDENTAL WINDOW SIGN
Signs displayed in the window displaying information such
as the business's hours of operation, credit institutions accepted,
commercial and civic affiliations, and similar information. These
signs shall be informational only and shall not contain a commercial
message.
INFLATABLE SIGN
A sign whose dimensions are expanded or which is supported
by gases or fluids contained within the sign, or sign parts, at a
pressure greater than atmospheric pressure.
INGRESS/EGRESS SIGN
A sign which designates the direction of ingress or egress
of a parking area or driveway, such as "in," "out," "one-way," "do
not enter" or "no exit," and which may include a business logo or
name.
INTERACTIVE SIGN
An electronic or animated sign that reacts to the behavior,
electronic signals or electronic devices of motor vehicle occupants,
pedestrians or the motor vehicle, except for the sign owner or agent.
LEGIBILITY
The physical attributes of a sign that allow for an observer's
differentiation of its letters, words, numbers, or graphics.
LIGHT TRESPASS
Light emitted by a lighting installation, which extends beyond
the boundaries of the property on which the installation is sited.
LIMITED DURATION SIGN
A nonpermanent sign that is displayed on private property
for more than 30 days, but not intended to be displayed for an indefinite
period.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LUMINANCE
An objective measurement of the brightness of illumination,
including illumination emitted by an electronic sign, measured in
candles per square foot (cd/ft2). Also
see "nit."
MARQUEE
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building
generally designed and constructed to provide protection from the
weather.
MARQUEE SIGN
Any sign attached to a marquee for the purpose of identifying
a use or product. If attached to a theater, performing arts center,
cinema, or other similar use, it may also advertise films or productions.
MECHANICAL MOVEMENT SIGN
A sign having parts that physically move rather than merely
appear to move as might be found in a digital display. The physical
movement may be activated electronically or by another means, but
shall not include wind-activated movement such as used for banners
or flags. Mechanical movement signs do not include digital signs that
have changeable, programmable displays.
MEMORIAL SIGN
A memorial plaque or tablet, including grave markers or other
remembrances of persons or events, which is not used for a commercial
message.
MENU SIGN
A sign for displaying the bill of fare available at a restaurant,
or other use serving food, or beverages.
MESSAGE CENTER SIGN
A type of illuminated, changeable copy sign that consists
of electronically changing alphanumeric text often used for gas price
display signs and athletic scoreboards.
MONUMENT SIGN
A freestanding sign with low overall height that stands directly
on the ground or at ground level and which is generally supported
by and integrated with a solid base, or what visually appears to be
a solid base, where the entire bottom of the sign visually appears
to be affixed to the ground. Also known as "ground sign."
MOVING MESSAGE BOARD
Any electrical sign having a continuous message flow across
its face by utilization of lights or other electrical or electronic
impulses forming various words, figures or designs, excluding a time-and-temperature
sign.
MULTITENANT SIGN
A freestanding sign used to advertise businesses that occupy
a shopping center or complex with multiple tenants.
MURAL (or MURAL SIGN)
A large picture/image (including but not limited to painted
art) which is painted, constructed, or affixed directly onto a vertical
building wall, which may or may not contain text, logos, and/or symbols,
but shall not contain a commercial message.
NEON SIGN
A sign illuminated by a neon tube, or other visible light-emanating
gas tube, that is bent to form letters, symbols, or other graphics.
NIT
A term used to describe a metric unit of luminance defined
as candela per square meter (cd/m2). The unit is based on the candela,
the modern metric unit of luminous intensity, and the square meter.
NONCONFORMING SIGN
Any sign which was lawfully erected or displayed prior to
the effective date of this article or any subsequent amendment hereto,
but which fails to conform to all the provisions of this article.
OFF-PREMISES SIGN
An outdoor sign whose message directs attention to a specific
business, product, service, event or activity, or other commercial
or noncommercial activity, or contains a noncommercial message about
something that is not sold, produced, manufactured, furnished, or
conducted on the premises upon which the sign is located (also known
as a "third-party sign," "billboard," or "outdoor advertising").
OFFICIAL TRAFFIC SIGN
Official highway route number signs, street name signs, directional
signs and other traffic signs erected and maintained on public highways
and roads in the interest of public safety or for the regulation of
traffic.
ON-PREMISES SIGN
A sign whose message and design relate to an individual business,
profession, product, service, event, point of view, or other commercial
or noncommercial activity sold, offered, or conducted on the same
premises where the sign is located.
PANEL
The primary surface of a sign upon which the message of the
sign is carried.
PARAPET
A vertical false front or wall extension above the roofline.
PENNANT
A triangular or irregular piece of fabric or other material,
commonly attached in strings or strands, or supported on small poles
intended to flap in the wind.
PERMANENT SIGN
A sign attached or affixed to a building, window, or structure,
or to the ground in a manner that enables the sign to resist environmental
loads, such as wind, and that precludes ready removal or movement
of the sign and whose intended use appears to be indefinite.
POLE SIGN
A freestanding sign that is permanently supported in a fixed
location by a structure of one or more poles, posts, uprights, or
braces from the ground and not supported by a building or a base structure.
POLITICAL SIGN
A sign erected by a political candidate, group, advocate
or agent thereof for the purpose of advertising a candidate or stating
a position regarding an issue upon which the voters shall vote.
PORTABLE SIGN
A sign designed to be transported or moved and not permanently
attached to the ground, a building, or other structure. Also see "sandwich
board sign" and "vehicle sign."
PREMISES
Fully defined in 67 Pa. Code § 445.2, the property
upon which the activity is conducted as determined by physical facts
rather than property lines. It is the land occupied by the buildings
or other physical uses that are necessary or customarily incident
to the activity, including such open spaces as are arranged in connection
with the buildings or uses.
PRIVATE DRIVE SIGN
A sign indicating a street or drive which is not publicly
owned and maintained and used only for access by the occupants of
the development and their guests.
PROJECTING SIGN
A building-mounted, double-sided sign with the two faces
generally perpendicular to the building wall, which extends outward
for more than 12 inches from the facade, not to include signs located
on a canopy, awning, or marquee (also known as "blade sign"). Also
see "shingle sign."
PUBLIC RIGHT-OF-WAY SIGN
The line where the property meets the public right-of-way
for a street or other public way, provided that this definition shall
not include unimproved alleys, easements or other similar uses.
PUBLIC SIGN
A sign erected or required by government agencies or utilities,
including traffic, utility, safety, railroad crossing, and identification
signs for public facilities.
PUBLIC WAY
Any street, highway, road, path or right-of-way, whether
privately or publicly owned, which is designed or used for vehicular
or pedestrian traffic either by public right or custom or by invitation
to the public of two or more common owners, including unimproved alleys
and easements.
PUMP TOPPER SIGN
A double-sided sign, either made of plastic or aluminum that
is mounted on top of a fuel pump by either metal or plastic framing
which can be changed periodically via inserts that advertises store
products, fuel pricing or danger warnings.
REAL ESTATE SIGN
A temporary sign erected by the owner or his agent advertising
the real property upon which the sign is located for rent, for lease
or for sale.
REFLECTIVE SIGN
A sign containing any material or device which has the effect
of intensifying reflected light.
RESIDENTIAL NAME-AND-ADDRESS SIGN
One freestanding or wall sign per unit, with an area not exceeding three square feet, which identifies the name of the occupant and/or street address of the dwelling unit. See also Chapter
115.
REVOLVING SIGN
A sign which revolves in a circular motion (rotating) rather
than remaining stationary on its supporting structure.
ROOF
The exterior upper covering of a building or portion of a
building.
ROOF SIGN
A sign erected over or on, and wholly or partially dependent
upon, the roof of any building for support, or attached to the roof
in any way, not to extend above the roof's highest point.
ROTATING SIGN
Any sign which revolves around one or more fixed axes.
SANDWICH BOARD SIGN
A type of freestanding, portable, temporary sign consisting
of two faces connected and hinged at the top and whose message is
targeted to pedestrians. See "portable sign" (also known as "A-frame
sign").
SCOREBOARD
A sign contained within an athletic venue and intended solely
to provide information to the attendees of an athletic event.
SECURITY SIGN
An on-premises sign regulating the use of the premises, such
as a "no trespassing," "no hunting," or "no soliciting" sign (also
known as "Warning sign").
SERIAL SIGNS
A series of temporary signs erected for the purpose of designating
the location of or directing the public to a particular property or
activity.
SHIELDED
The description of a luminaire from which no direct glare
is visible at normal viewing angles, by virtue of its being properly
aimed, oriented, and located and properly fitted with such devices
as shields, barn doors, baffles, louvers, skirts, or visors.
SHINGLE SIGN
A sign, other than a wall sign, that is supported from a
bracket or other mounting device attached directly to the building,
or a sign that is suspended from the underside of a building overhang.
SIGN
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images, excluding national or state
flags, window displays, graffiti, athletic scoreboards or the official
announcement or signs of government.
SIGN AREA
A.
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 incidental to the display itself).
B.
Where the sign consists of individual letters or symbols attached
to a building, 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.
C.
In computing square foot area of a double-faced sign, only one
side shall be considered. 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.
D.
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
facade, the sign shall be that area within a single, continuous perimeter
enclosing the extreme limits of the actual message or copy area.
SIGN FACE
The part of the sign that is or can be used for the sign
area. The sign area could be smaller than the sign face.
SIGN STRUCTURE
A supporting structure erected, used or intended for the
purpose of identification or attracting attention, with or without
a sign thereon, situated upon or attached to the premises, upon which
any sign may be fastened, affixed, displayed or applied; provided,
however, that this definition shall not include a building, fence,
wall or earthen berm.
SNIPE SIGN
A sign tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, stakes, fences, public benches, streetlights,
or other objects, or placed on any public property or in the public
right-of-way or on any private property without the permission of
the property owner (also known as "bandit sign").
SPECIAL EVENT
Gathering of individuals generally lasting from a few hours
to a few days designed to celebrate, honor, discuss, teach about,
encourage, observe or influence human endeavors. A special event includes
but is not limited to firework displays, carnivals, circus, bazaar,
parades, fairs, or any assembly, gathering, activity or meeting. This
does not include sidewalk sales where merchandise normally sold indoors
is transferred from indoors to outdoors for sale. Yard sales, garage
sales and similar activities are not regarded as special events.
SPECIAL EVENT SIGN
A sign that carries a message regarding a special event or
function that is of general interest to the community.
STOREFRONT
The exterior facade of a building housing a commercial use
visible from a street, sidewalk, or other pedestrian way accessible
to the public and containing the primary entrance to the commercial
establishment. Also see "facade."
STREAMERS
A display made of lightweight, flexible materials, consisting
of long, narrow, wavy strips hung individually or in a series, with
or without a logo or advertising message printed or painted on them
and typically designed to move in the wind.
STREET FRONTAGE
The side or sides of a lot abutting on a public street or
right-of-way.
STREET POLE BANNER
A banner suspended above a public sidewalk and attached to
a single street pole. These signs shall not contain any commercial
advertising.
SWINGING SIGN
A sign installed on an arm, mast or spar, which sign is not
permanently fastened to an adjacent wall, porch ceiling, overhang,
canopy or upright pole. Also see "shingle sign."
TEMPORARY SIGN
Any sign intended to be erected or displayed for a limited period as hereinafter set forth in §
155-36.
TRAFFIC DIRECTION/SAFETY SIGN
A sign consisting of written directions and/or an arrow or
arrows and is designed, sized and erected solely for the purpose of
vehicular or pedestrian traffic direction or safety.
TRAVELED WAY
That part of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lands.
TRI-VISION BOARDS
An outdoor unit with a slatted face that allows three different
copy messages to revolve at intermittent intervals.
VEHICLE SIGN
Any sign affixed to a vehicle and used in such a manner that
the carrying of such sign or signs is no longer incidental to the
vehicle's primary purpose, but becomes the primary purpose itself.
Vehicle signs shall be prohibited in Tobyhanna Township.
VENDING MACHINE SIGN
A sign displayed on a vending machine indicating the name
of the product being sold and/or the price of such product.
VIDEO SIGN
A sign that changes its message or background in a manner
or method of display characterized by motion or pictorial imagery,
which may or may not include text and depicts action or a special
effect to imitate movement, the presentation of pictorials or graphics
displayed in a progression of frames which mimic the illusion of motion,
including but not limited to moving objects, moving patterns or bands
of light, or expanding and contracting shapes and/or fade, dissolve,
travel or scrolling features. "Video signs" include projected images
or messages with these characteristics onto buildings or other objects,
including electronic graphic signs. "Video signs" shall not include
LED gas price illuminations.
WALL SIGN
A building-mounted sign which is either attached to, displayed
on, or painted on an exterior wall in a manner parallel with the wall
surface, extending not more than 12 inches from the facade of a building.
A sign installed on a false or mansard roof is also considered a wall
sign (also known as: "fascia sign," "parallel wall sign," or "band
sign." Also see "flat sign").
WINDOW SIGN
Any sign that is applied, painted, or affixed to a window,
or placed inside a window, within three feet of the glass, facing
the outside of the building, and easily seen from the outside. Customary
displays of merchandise or objects and material behind a store window
are not considered signs.