The purpose of this article is to regulate the type and dimensions
of signs in the various zoning districts; to protect the public from
damage or injury caused or attributable to distractions caused by
improperly designed or located signs; to promote the community environmental
setting and to preserve the distinctive appearance of the business
districts and other areas where the use of signs is necessary; and
to assure the orderly future utilization of signs throughout the Borough.
The size of any sign shall be determined in accordance with the definition of "sign area" as contained in Article II of this chapter.
A.
Prohibited signs. It is unlawful to erect or maintain the following
signs:
(1)
Spinning, twirling, rotating or any other animated signs or objects
used for advertising purposes, whether containing a message or not,
except for time and temperature signs.
(2)
Signs that emit sound, smoke or steam.
(3)
Signs that direct or reflect light onto adjoining properties.
(4)
Signs which direct or reflect light so as to impair the vision of
any motor vehicle driver or otherwise interfere with a driver's operation
of his motor vehicle.
(5)
Signs with words or colored lights which attempt or appear to attempt
to direct the movement of traffic or which interfere with or resemble
any official traffic sign, signal or device.
(6)
Signs with obscene or prurient words, scenes or graphics.
(7)
Signs painted on or attached to trees, buildings, utility poles,
fences, outdoor benches or similar natural or man-made features.
(8)
Signs which obscure other signs or obstruct fire escapes, doors or
windows.
(9)
Projecting signs and roof signs.
(10)
Advertising cloth, paper or plastic banners or similar signs
suspended or hung on any property, except for temporary banners which
may be permitted by special permission granted by the Code Enforcement
Officer.
(11)
Wall bulletins or any other signs painted directly on the facade
of any building or structure.
(12)
Outdoor advertising billboards.
(13)
Mobile signs or signs not permanently affixed to the ground
or to a building, including A-frame signs.
(14)
Signs on vehicles or trailers which are parked or located for
the primary purpose of displaying the signs, thereby becoming mobile
signs.
B.
General restrictions and standards. The following restrictions shall
apply to all permitted signs:
(1)
All signs constructed or erected under the provisions of this chapter
shall comply with the standards set forth in the BOCA Basic Building
Code, as amended, and the National Electric Code, as amended.
(2)
All signs shall be constructed of durable, all-weather material and
shall be solidly and firmly attached, supported and/or anchored.
(3)
Where an establishment moves from or vacates a particular address
or premises, the owner of such building or premises shall, within
30 days, remove, or cause to be removed, any sign which was displayed
by such establishment. However, this provision shall not apply where
a new establishment at that address or location shall continue or
assume the same name as the previous establishment.
(4)
All signs shall be properly maintained. Exposed surfaces shall be
clean and, if required, painted. Defective parts shall be replaced.
The Code Enforcement Officer shall have the authorization to order
the repair or removal of any sign which is defective, damaged or substantially
deteriorated.
(5)
Signs in residential districts, RCZ Districts and RCD Districts shall
be used only for the purpose of identifying the occupant or activity
and not for advertising purposes.
The following signs, to the extent indicated, are exempt from
the requirements of this chapter, from the need to secure permits
and from the allowable sign area requirements:
A.
Governmental signs, including but not limited to route number, street
name, traffic and parking, or other signs of the same character.
B.
Decorations for a recognized, officially designated holiday.
C.
Temporary directional signs not exceeding two square feet.
D.
Nonilluminated nameplate signs not exceeding 90 square inches in
size, provided that only one such sign per lot shall be exempted.
E.
Real estate rental or sale signs not exceeding six square feet, provided
they are removed within seven days after settlement or agreement for
lease. Not more than one such sign may be erected per street frontage,
except that real estate "open house" signs may be placed off the premises
but shall be removed within 24 hours of such open house.
F.
Signs advertising the development, subdivision, major repair or renovation
of the property, provided that:
G.
Political signs, provided they do not exceed six square feet and
are removed within seven days after the election. Not more than two
signs with an aggregate size of eight square feet shall be permitted
per street frontage.
H.
A legal notice, which is to be removed when the legal requirements
have been met.
I.
Public service information signs advertising the availability of
rest rooms, telephones, or similar public conveniences, and signs
advertising meeting times and places of nonprofit service or charitable
organizations. Any such sign shall not exceed four square feet.
J.
A sign which is a permanent architectural feature or is of architectural
significance to the building, such as a cornerstone or identifying
letters carved into or embossed on a building, providing the letters
are not made of reflective material or contrast in color with the
building.
K.
Temporary yard sale or garage sale signs which do not exceed six
square feet in area and which must be removed within 24 hours after
the sale.
L.
No-trespassing signs, signs indicating the private nature of a driveway
or premises, and official signs indicating that the premises is protected
by burglar alarm, not to exceed two square feet in area.
M.
Signs of contractors, mechanics and artisans which are not illuminated
and do not exceed six square feet in area. Not more than one such
sign shall be erected on each street frontage, and such signs shall
be removed within three days after the completion of the work.
N.
For sale, for lease or for rent signs on vehicles, boats or trailers.
O.
One or more signs applied to a windowpane, giving store hours and
listing charge cards accepted; the sum of the areas of such signs
shall not exceed two square feet.
P.
Signs and devices such as barber poles, gasoline pricing and car
wash signs; changing of prices on pricing signs; business window signs
advertising periodic sales and special events.
Q.
Identification signs for churches, schools or similar institutions,
provided that the area of one side of such sign does not exceed 12
square feet, and provided that no more than one such sign is erected
on each street frontage.
R.
Menu boards, not exceeding six square feet, relating to and on the
premises of eating and/or drinking establishments.
The following signs are permitted, provided that a permit is
obtained:
A.
Signs in residential districts:
(1)
Permanent wall signs or freestanding signs identifying apartment
buildings, provided that:
(a)
The size of such signs shall not exceed 12 square feet.
(b)
Not more than one such sign shall be erected for each building
or group of buildings.
(c)
No such sign shall be illuminated.
(d)
All such signs shall be placed so that all portions, including
the overhang of the sign, are within the lot line.
(2)
Signs identifying nonresidential uses where such uses are permitted
as valid nonconforming uses, provided that:
(a)
The types of signs permitted shall be wall signs or freestanding
signs only.
(b)
The size of such sign shall not exceed nine square feet.
(c)
Not more than one such sign shall be erected for each frontage.
(d)
Such sign shall be designed so as to create a minimal impact
on the residential district in which it is located. Illumination,
if provided, shall be by indirect, white light only.
C.
Business or industrial signs as follows:
(1)
The total area of all such signs placed on any one premises shall
not exceed 30 square feet. This includes signs placed directly on
the facade of the structure. If individual letters are used, the outside
measurement of the sign shall not exceed 20 square feet.
(2)
All such signs shall front on a street.
(3)
All such signs shall relate only to uses on the premises on which
the sign is located.
(4)
The area of a directional sign shall not exceed nine square feet.
(5)
The total area of any one freestanding sign shall not exceed 30 square
feet.
The following regulations shall apply to all freestanding signs
within the Borough:
A.
Any sign existing and lawful at the time this chapter becomes effective
that does not conform to the terms of this chapter shall be considered
nonconforming and may continue in its present location.
B.
Where the name of an establishment is changed, any nonconforming
sign located at such establishment must be removed, and any subsequent
sign shall conform to the terms of this chapter.
C.
A nonconforming sign which has been damaged to more than 50% of its
value or has been removed or discontinued for 60 days or longer shall
be repaired, rebuilt, or replaced, except as a conforming sign.
D.
Temporary or prohibited signs existing at the time of enactment of
this chapter shall be abated or removed within 90 days after the effective
date of this chapter.
Where temporary signs are not exempt from the requirements of this chapter in § 340-60, they shall be permitted, provided that:
A.
Permits, procedures and review by the Code Enforcement Officer. Except
for exempt signs or unless otherwise specified in this article, no
sign shall be erected, repaired or replaced in the Borough until a
permit for such sign has been obtained in the following manner:
(1)
An application in writing shall be made to the Code Enforcement Officer
by the sign maker or installer.
(2)
The application submitted to the Code Enforcement Officer shall give
the full details regarding the size, height, shape, materials, supports;
also, a plan shall be submitted showing the location of the sign on
the building or on the lot. Lighting details, if applicable, shall
also be shown or specified. The application shall be sufficiently
specific to enable the Code Enforcement Officer to determine if the
sign complies with this chapter as well as any other local regulations
relating to signs.
(3)
If the person submitting the application is not the owner of the
property, the written consent of the owner of the property on which
the sign is located shall accompany the application.
B.
Except for exempt signs, whenever any sign is replaced by another
sign, enlarged in any manner or altered, dismantled or damaged or
otherwise destroyed to the extent of more than 50% of its value, a
permit shall be required as provided in this section prior to the
replacement, enlargement or alteration or repair of damage.
C.
Permit fees. All applications for permits filed with the Code Enforcement
Officer shall be accompanied by a permit fee according to a schedule
of fees established by Borough Council.
D.
Inspections. Any person installing, altering or relocating a sign
for which a permit has been issued shall notify the Code Enforcement
Officer upon completion of the work. The Code Enforcement Officer
may require a final inspection, including an electrical inspection
and inspection of the structure of any freestanding sign.
E.
Violations.
(1)
When, in the opinion of the Code Enforcement Officer, there exists
a violation of this article, the Code Enforcement Officer shall issue
a written order to the alleged violator. Such order shall specify
those sections of this article which have not been complied with and
shall indicate that the violator shall correct such violation within
30 days from the date of the order.
(2)
If, upon inspection, the Code Enforcement Officer finds that a sign
is abandoned or structurally, materially or electronically defective,
or in any way endangers the public, he shall issue a written order
to the owner of the sign and the occupant of the premises stating
the nature of the violation and require the owner and/or occupant
to repair or remove the sign within seven days of the date of the
order.
(3)
In cases of emergency, the Code Enforcement Officer may, without
notice, cause the immediate removal of a dangerous or defective sign.
In order for a sign to be removed in this manner, the Code Enforcement
Officer must make the determination that the sign presents a hazard
to the public health, welfare and/or safety.
F.
Appeal from sign permit denial. An applicant whose application has
been denied by the Code Enforcement Officer may appeal such decision
to the Zoning Hearing Board for a variance. Such appeal must be filed
with the Borough not later than 30 days after notice of denial.
H.
The provisions of this article shall not be construed to relieve
or to limit in any way the responsibility or liability of any person,
firm, or corporation which erects or owns a sign for personal injury
or property damage caused by the sign, and the provisions of this
article shall not be construed to impose upon the Borough, its officers
or its employees any responsibility or liability by reason of the
approval of any sign under the provisions of this article.
