Township of Potter, PA Article IV Supplementary Regulations

§ 210-85 Nonconforming uses and structures.

Every structure, use, or lot which does not conform to the regulations of the district in which it is located at this time of adoption of this chapter or amendment thereto shall be considered "nonconforming." The following provisions shall apply to all nonconforming uses and structures. It is the intention of the Township that all legal nonconforming uses and structures shall be able to continue (however, all changes in such uses shall only be as allowed in this article).

A. Any nonconforming use may be continued, but may not be extended or expanded unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.

B. A nonconforming structure which has been partly or completely destroyed, other than by intent or design, may be rebuilt or repaired within one year. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by any public official. (See also § 210-85E.)

C. In the event that any nonconforming use voluntarily ceases for a period of one year, such nonconforming use shall not be resumed, and any further use shall be in conformity with the provisions of this chapter. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. One nonconforming use cannot be changed to another nonconforming use.

D. Abandonment. The nonconforming use of a building or land which has been abandoned for a period of one year shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one of the following conditions exists:

(1) When the intent of the owner to discontinue the use is apparent.

(2) When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment, unless other facts show intention to resume the nonconforming use.

(3) When a nonconforming use has been discontinued for a period of one year.

(4) When it has been replaced by a conforming use.

(5) When it has been changed to a use permitted as a special exception by the Zoning Hearing Board.

E. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Zoning Hearing Board, be extended, enlarged or replaced, or may be changed to another use of equal or more-restricted classification. However, such structures must comply with the area, yard regulations, and height restrictions of the district in which the structure is located and must meet all off-street parking and loading requirements of this chapter. For any change of use, the Zoning Hearing Board may apply reasonable conditions.

F. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter so long as not expired.

G. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this article shall also apply to any uses which thereby become nonconforming.

H. Nonconforming signs may be repaired, provided that no structural alterations are made which increase the gross surface area of the sign. Nonconforming signs may not be enlarged or added to; however, the interchange of panels on nonconforming signs shall be permitted.

I. Recording. The Zoning Enforcement Officer shall be responsible for preparing a list of all nonconforming uses existing at the time of the legal enactment of this chapter, and such list shall be maintained for public use and information.

J. Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this chapter.

§ 210-86 Existing lots of record.

Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter. However, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located.

§ 210-87 Application of yard regulations.

A. Where a structure exists on an adjacent lot and is within 150 feet of either or both side lines of the lot, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures.

B. All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, steps, porches, or platforms above normal grade level, shall not project into any minimum front, side or rear yards.

C. Fences, hedges, walls, and other plantings. Fences, hedges, walls, and other plant materials shall not be located at street corners so as to interfere with vision clearance across the corner lots. The height of such objects is restricted to three feet within a triangular area formed by the intersecting street lines and a line joining points on the street lines and equidistant from the point of intersection. This distance shall be 30 feet from the corner. In addition, no fence, wall, hedge, or other plant material shall be placed or allowed to grow in such a manner as to impede vision from driveways on the owner's lot or adjacent lots.

D. Swimming pools shall be permitted in side or rear yard areas, provided that the pool is located not less than 10 feet from lot line. (See also § 210-93.)

E. In the R Residential District, garden sheds, storage sheds and similar accessory structures (of up to 160 square feet in size) may be permitted in rear and side yard areas, provided such structure does not lie closer than five feet to side lot line or within 10 feet of the rear property line and does not exceed 15 feet in height.

F. Attached accessory structures. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

§ 210-88 Temporary structures/uses.

Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in progress. They shall be removed when construction is complete. Permits for temporary structures shall be issued for a one-year period. Temporary structures are subject to all applicable setback requirements.

A. Temporary permits.

(1) Temporary permits are required where it is intended that a mobile, temporary or seasonal use be located anywhere within the Township for a very short period of time. Temporary permits are valid for a period of up to six weeks from the date of issuance and are limited to a one-week period, renewable for a maximum of four weeks during any one calendar year.

(2) Temporary permits are required for and in accordance with the following:

(a) Selling of Christmas trees in commercial districts or at churches, schools, clubs and lodges; a maximum of four weeks.

(b) Carnival, circus or street fairs; a maximum of one week.

(c) Mobile amusements and lighting equipment for promotion, advertisement and grand openings; a maximum of two weeks.

(3) No temporary permit shall be issued for any temporary use where said use would violate any of the provisions of this chapter, except upon approval of the Board of Supervisors.

(4) Written request to the Zoning Enforcement Officer for a temporary permit shall be processed within one week upon receipt of the request and payment of a fee as stated in this chapter, provided the use does not violate any provisions of this chapter.

§ 210-89 Height limitations.

When the following conditions are met, height limits may be increased:

A. Structure height in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side, and rear yard depths are increased by one foot for each additional foot of height, not to exceed the permitted height of the primary structure.

B. The following structures are exempt from the applicable height regulations, provided they do not constitute a hazard: church spires, chimneys, elevator bulkheads, smokestacks, telecommunications towers* or antennas,* conveyors, flagpoles, agricultural barns, silos and similar farm structures, standpipes, elevated water tanks, derricks and similar structures.

*Covered by separate regulations.

C. Height measurement.

(1) Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:

(a) In case of a flat roof structure, highest point of coping.

(b) In case of a mansard roof structure, deckline of roof.

(c) In case of a gable or hipped roof, average height of roof.

(2) A habitable attic shall be counted as a story when determining height as required in this chapter.

§ 210-90 Performance standards.

No use of land or structure in any district shall involve, or cause, any condition or material that may be dangerous, injurious, or noxious to any other property or person. Furthermore, every industrial or commercial use of land or structure in any district must observe the following performance requirements:

A. Fire protection. Fire-protection and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

B. Electrical disturbance. No activity shall cause electrical disturbances adversely affecting radio, television or other communication equipment in the neighboring area.

C. Air pollution/smoke. All airborne emissions shall comply with the regulations of the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency (United States).

D. Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall be mitigated. Full or partially shielded external lights shall be required. To the extent possible, it is this chapter's policy to reduce glare by requiring "full cutoff" lighting fixtures, unless the applicant can demonstrate such fixtures will not perform adequately. In addition, lighting shall be designed and aimed to avoid glare on neighboring properties. Temporary glare events are exempt herefrom when directly associated with the deployment of safety measures associated with the use.

E. Water pollution. No permit shall be issued until all applicable wastewater, stormwater or erosion/sedimentation control permits have been obtained.

F. Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property, except that the temporary vibration as a result of construction activity shall be permitted. Temporary vibrations are exempt herefrom when directly associated with the deployment of safety measures associated with the use.

G. Noise. The sound-pressure level shall not exceed the decibel limits in the octave bands designated in the following table:

[Amended 11-18-2015 by Ord. No. 140]

	Octave Frequency (cycles per second)	Decibel Limits Along or in Residential District Boundaries	Decibel Limits Along or in Businesses or Industrial District Boundaries
	0 to 74	72	79
	75 to 149	67	74
	150 to 299	59	66
	300 to 599	52	59
	600 to 1,199	46	53
	1,200 to 2,399	40	47
	2,400 to 4,800	34	41
	Over 4,800	32	39

Sounds of short duration, as from forge hammers, punch presses, and metal shears, which cannot be measured accurately with the sound-level meter, shall be measured with the impact filter as manufactured by the General Radio Company or its equivalent in order to determine the peak value of the impact. For sounds so measured, the sound-pressure level set forth in this table may be increased by six decibels.

§ 210-91 Off-street loading and parking; driveways.

Off-street loading and parking space shall be provided in accordance with the specifications of the UCC or this section in all districts, whenever any new use is established or an existing one is enlarged. Handicapped parking requirements should follow the Americans With Disabilities Act (ADA) standards, and compliance with these standards is the sole responsibility of the developer. Private parking areas excluded from the public are to be developed at the discretion of the developer as long as in accordance with the UCC.

A. Parking spaces required:

(1) Residential: minimum two spaces.

(2) Other districts: as adequate for specific use.

B. Design of off-street parking. All parking spaces that were established prior to the effective date of this chapter shall be allowed to continue as previously laid out. Any new parking spaces that are created shall comply with these provisions, including those spaces that are added to a parking area that contains existing nonconforming parking spaces:

(1) Each parking space shall have minimum dimensions of 10 feet by 20 feet.

(2) Except in the case of single-family dwellings, two-family dwellings and townhouses, parking spaces shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto the cartway of any public street.

(3) All newly constructed parking spaces shall be improved with a dust-free, all-weather surface, such as gravel, brick pavers, asphalt, concrete or similar material. It shall be the responsibility of the property owner to ensure that driveway surface materials and stormwater runoff do not discharge onto a public street.

(4) A parking pad may be constructed on a residential lot, provided all of the following requirements are met:

(a) If a driveway leading to the parking pad is paved to the property line, the parking pad may be paved to the property line. All other parking pads shall be located at least five feet from a side or rear property line. This five-foot setback area shall be maintained in grass or ground cover.

(b) Parking pads in the front yard shall not be located in the public street right-of-way without the approval of the Township or PennDOT, as required.

C. Public parking garage or public parking lot. Public parking garages or public parking lots shall meet all of the following requirements:

(1) All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this section.

(2) All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking lot or parking garage.

D. Driveways. This section is intended for driveways that ingress or egress on Township roads.

(1) Location. A driveway will not be any closer than 30 feet to any road intersection.

(2) Width. Driveways shall be 10 feet to 12 feet in width with a reasonable radius flare where it connects the roadway.

(3) No wall, fence, or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be permitted, higher than three feet along any street right-of-way so that sight distance from any driveway or other point of entry onto a public highway is restricted.

(4) Driveway grades shall not exceed 15% except upon a variance for cause issued by the Zoning Hearing Board.

(5) Driveways shall be designed in such a manner that would prevent the driveway material and associated stormwater from entering onto a public road or adjacent properties.

(6) Driveways for commercial and industrial uses shall follow PennDOT standards.

(7) Entrance to the street shall not vary by more than 15°, as measured from the perpendicular extended to the center line of the intersected street.

§ 210-92 (Reserved)

§ 210-93 Water recreation and storage areas.

Any outdoor facility for water recreation, such as private swimming pools, swimming clubs, and commercial fishing ponds, or any other water storage facility, such as reservoirs, fish hatcheries, sewage lagoons, and farm ponds, shall comply with the following regulations:

A. The facility must meet the setback requirements of the district.

B. The facility, if operated to attract visitors, must comply with parking requirements established in this chapter.

C. Before a permit for any facility to be used by the public shall be issued to the operator or owner of the facility, a plan must be submitted to the Township showing the size of the facility, its proposed use, parking arrangements, the use of buildings on the site, surrounding properties and their usage and any other pertinent information.

D. Private swimming pools shall be at least 10 feet from the lot line. Private swimming pools are permitted only when located in the rear or side yards and completely enclosed with a protective barrier at least four feet in height to protect persons or animals from trespassing and to assure that they are not subject to danger or harm. All openings in the barrier shall be equipped with gates or doors which shall be locked when not in use. These shall be considered as accessory uses in residential districts. Swimming pools, spas, and hot tubs shall comply with the Uniform Construction Code.

§ 210-94 Junk and junkyards.

A. The visible storage of junk is not permitted in any Residential District.

B. Junkyards are permitted as a conditional use in the I Industrial District.

C. An annual report shall be submitted to the Township indicating the type and volume of junk present at the site.

D. Junkyards may be permitted as a special exception, where the Zoning Hearing Board finds, after public hearing, that such use will not create a hazardous condition and will otherwise meet the following requirements:

(1) The site is completely enclosed by a sight-obscuring screen, masonry wall, wooden fence, compact evergreen hedge or chain-link fence with evergreen vines at least eight feet in height.

(2) The site contains one entrance and one exit less than 30 feet in width.

(3) Storage is limited to nonorganic material.

(4) The site is located a minimum of 300 feet from any adjoining zoning district other than the Industrial District.

(5) The site is located a minimum of 100 feet from any highway, Township road or street, or access road.

(6) Off-street parking is provided within the site enclosure.

(7) On-site burning or incineration of vehicles is prohibited unless said burning is carried out in a completely enclosed incinerator, as approved by the Township Fire Department.

§ 210-95 Agriculture and agricultural-related businesses and operations.

Where agriculture is a permitted use, the following restrictions shall apply:

A. Farm and animal care uses shall be conducted in ways that do not create a danger to public safety or health to neighboring residential uses. The fact that a farm use creates an annoyance or inconvenience shall not be deemed a danger to public health and safety.

B. Buildings or kennels in which animals or poultry are kept shall not be erected within 100 feet of any property line if the zoning district or the use of the property which abuts said property line is residential, provided that this shall not apply to buildings not housing more than two dogs or other pets.

C. Storage of manure or odor- or dust-producing substances shall not be permitted within 100 feet of any property line if the zoning district or use of the abutting property is residential.

D. Farm animals used for recreational or food production purposes, as specified in this chapter, kept on less than 10 acres of land for the purpose of the immediate family shall conform to the regulations for farms and agriculture.

E. Roadside stands for the sale of agricultural products.

(1) Structures shall be a minimum distance of 20 feet from the cartway.

(2) All parking shall be a minimum of 10 feet from the highway cartway.

(3) Structures shall not exceed 10 feet in height and shall not exceed 500 square feet in area.

F. Agricultural uses and related activities, including dairying, farming, pasturage, horticulture, floriculture, viticulture, animal husbandry, and dog kennels and/or clinics, provided same is maintained on five acres or more of land. In relation to agricultural uses, the following associated uses are also permitted:

(1) The customary agricultural dwellings, buildings and structures.

(2) The growing and selling (either at retail or wholesale) of all types of agricultural produce, livestock and appurtenant products raised on the premises and resulting from agricultural activity.

G. Agricultural uses and related activities, including dairying, farming, pasturage, horticulture, floriculture, viticulture, animal hospitals, riding academies and stables, animal and poultry husbandry, and dog kennels and/or clinics, provided same is maintained on five acres or more of land, shall be permitted as special exceptions where the Zoning Hearing Board finds, after a public hearing, that such use will not create unhealthful or noise conditions and will otherwise meet the following requirements:

(1) The facility for housing or keeping the involved animals in the agriculture use, if newly erected or constructed, shall be not less than 300 feet from the property line (including road frontage as a property line for this purpose) of the land so being used.

(2) The land so being used, other than housing facilities for such agriculture use, shall have such use set back not less than 30 feet from the property line (including road frontage as a property line for this purpose).

(3) Temporary housing for agricultural workers actually employed on the premises.

§ 210-96 Individual mobile or manufactured homes.

Individual mobile or manufactured homes shall be permitted on individual lots only if they meet the following conditions:

A. The proposed lot shall meet all area and yard requirements of the district.

B. The structure shall comply with building code standards, as applicable.

C. The mobile or manufactured homes shall be installed per Uniform Construction Code standards.

§ 210-97 (Reserved)

§ 210-98 Signs.

A. Purpose. The sign regulations, controls and provisions set forth herein are made in accordance with an overall plan and program for public safety, economic and community development and the general welfare of Potter Township. It shall be the purpose of these sign regulations to control and promote the erection of signs which preserve the wholesome and attractive character of the Township; preserve and protect property values; preserve the architectural character and environmental context of the Township; avoid the uncontrolled proliferation of signs; encourage and support business activity through reasonable standards for advertising signs; and avoid undue concentrations of signs which distract and endanger traffic safety. No interior sign shall be required to conform to these regulations.

B. Interpretation. For the purpose of this chapter, certain terms and words used herein shall be interpreted or defined as follows:

(1) Words used in the present tense shall include the future.

(2) Words used in the singular number shall include the plural.

(3) Words used in the plural number shall include the singular.

(4) The words "person," "owner" or "developer" include a profit or nonprofit corporation, company, partnership, association or individual.

(5) The word "building" includes structure.

(6) The word "lot" includes the word "plot" or "parcel."

(7) The words "shall" and "will" are always mandatory.

(8) The word "may" is permissive.

(9) The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

C. Meaning of words. Unless otherwise expressly stated, the following words or phrases shall, for the purpose of this chapter, have the meanings herein indicated applicable to this section only:

SIGN

A structure, device, display, light, figure, painting, drawing, message, plaque, poster, billboard or natural object (including the ground itself or any device attached thereto or painted or represented thereon), which shall be used to identify, inform, advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry, or business, or which shall display or include any letter, word, model, number, banner, flag, pennant, insignia, device, or presentation used to announce, direct, or advertise.

SIGN, ABANDONED

A sign erected on and/or related to the use of a property which became vacant and unoccupied for a period of six months or more, or any sign which no longer advertises a bona fide business conducted or product sold on the premises, or which related to a time, event or purpose which has passed.

SIGN AREA

Shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.

SIGN, BILLBOARD

A sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

SIGNBOARDS or BILLBOARDS

Includes any sign of any size which relates to any product, service or other pictorial information which is not directly related to the principal use of the land on which the sign is located.

SIGN, BUSINESS

A sign which directs attention to a business, profession or industry, located upon the premises where the sign is displayed, to type of products sold, manufactured or assembled upon the premises and/or to service or entertainment offered on said premises.

SIGN, EXTERIOR

Any sign affixed to the exterior of any premises, building or structure, or to the windows or doors of the same, or placed in or mounted on the ground, which can and is intended to be seen by the general public.

SIGN, FLASHING

Any illuminated sign or device in which the artificial light is not maintained stationary and/or constant in intensity and color at all times.

SIGN, GROSS SURFACE AREA OF

The entire area within a single, continuous perimeter enclosing the extreme limits of such sign. All signs shall be limited to not more than two faces. All area limitations shall be computed in square feet. Each face of a double-faced sign may equal the maximum size permitted for the particular type of sign. When individual letters are used separately on the surface of a building wall, the spaces between said letters shall be included in computing the area of the sign.

SIGN, IDENTIFICATION

A sign used to identify only the name of the individual or organization occupying the premises, the profession of the occupant, the name of the building on which the sign is displayed and the address of the property.

SIGN, INTERIOR

Any sign mounted within a building which can and is primarily intended to be seen from only within the building and is in no manner an exterior sign.

SIGN, MOVING

Any sign or any part thereof located on said sign which oscillates, rotates or moves.

SIGN, NAMEPLATE

A sign used to identify only the name of the individual occupying the premises and the address of the occupant.

SIGN, OFF-PREMISES

A billboard or freestanding sign which contains a message unrelated to a business or profession conducted upon the premises where such sign is located or which is unrelated to a commodity, activity, person, service or entertainment sold or offered upon the premises where such sign is located.

SIGN, PERMANENT

A sign intended to be used for a period greater than 30 days.

SIGN, REAL ESTATE

A sign pertaining only to the rental, lease or sale of the property on which it is located.

SIGN, SELF-SUPPORTING

A sign mounted on its own self-supporting structure and constructed on a permanent base.

SIGN, WALL-MOUNTED

A sign mounted, attached or painted on a building.

D. Signs restricted to certain district. Signs listed and defined in this section are restricted only to certain districts as provided herein and require a sign permit before erection. Such signs shall conform with the general regulations and design standards for the types of signs provided for and required by the provisions hereof.

(1) Billboards (limited permitted use in I District only). A billboard sign may contain off-premises advertising. Billboards shall be permitted in the I Industrial District only on property bordering four-lane divided highways, provided all of the following requirements are met:

(a) Billboards shall not be erected within 500 feet of the boundary line of the R District or within 500 feet of any public or private school, church or cemetery - said 500 feet being measured along the radius of a circle from the centermost point of the billboard structure extending in all directions.

(b) On interstate and limited access highways, billboards shall not be erected within 150 feet of an interchange, intersection or safety rest area, measured along the interstate or limited access highway from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.

(c) Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 100 feet. Required space shall be measured along both sides of the same roadway frontage from the centermost point of the billboard structure along a line extending from the centermost point of the billboard which is parallel to the center line of the roadway to which the billboard is oriented.

(d) No billboard shall be located in nor closer than 20 feet to any public street right-of-way.

(e) The minimum side and rear yard requirements applying to a principal structure as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.

(f) No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign, residential or nonresidential structure or limit or reduce the light and ventilation requirements.

(g) No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated, and it shall not in any case obstruct or impede traffic safety.

(h) No billboard shall be erected over any sidewalk or public right-of-way.

(i) Billboards shall not be part of a roof or wall, nor shall they be mounted on the roof, wall or other part of a building or any other structure.

(j) Size and height. A billboard shall have a maximum allowable gross surface area of 672 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:

[1] A billboard shall have no more than two sign faces per billboard structure, which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.

[2] The dimensions of the gross surface area of the billboard's sign face shall not exceed 14 feet in total height or 48 feet in total length, provided the total allowable gross surface area for the sign is not exceeded.

[3] A billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of 50 feet.

(k) Construction methods. Billboards shall be constructed in accordance with applicable provisions of the applicable Building Code, as now or hereafter adopted, and shall meet all of the following additional requirements:

[1] A billboard structure shall have a maximum of one vertical support being a maximum of three feet in diameter or width and without additional bracing or vertical supports.

[2] A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, noncombustible materials. Structures constructed with galvanized metal shall be painted or otherwise coated.

[3] The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum one-hundred-mile-per-hour wind load. Structural design computations shall be made and certified by a registered engineer and shall be submitted to the Township with the application for permit.

[4] The base shall be installed using a foundation and footings approved by the Township Engineer for the type of construction proposed.

[5] The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.

[6] Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.

[7] No bare cuts shall be permitted on a hillside.

[8] All cuts or fills shall be permanently seeded or planted.

[9] A billboard with display lighting shall be constructed so that it does not produce glare upon adjoining properties and shall not exceed a maximum of 1.5 footcandles of illumination at the property boundary line.

[10] No display lighting shall cause distraction, confusion, nuisance, or hazard to traffic, aircraft or other properties.

(l) Maintenance.

[1] A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.

[2] Every five years, the owner of the billboard which was erected following issuance of a building permit shall have a structural inspection made of the billboard by a qualified Pennsylvania registered engineer and shall provide to the Township a certificate from the engineer certifying that the billboard is structurally sound.

[3] Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Township.

[4] Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.

(m) Liability insurance. The applicant for a sign permit to erect a billboard shall provide a certificate of insurance for public liability and property damage which indemnifies and holds the Township harmless. The amount of insurance to be maintained shall be determined and adjusted from time to time by the Township. The insurance certificate shall contain a clause stating that the insurance shall not be canceled or reduced without first giving 10 days' notice to the Township.

(n) Permits. Prior to submission of an application for a sign permit, the applicant for a billboard shall obtain and submit with the application approvals from the Beaver County Airport Authority or the United States Federal Aviation Administration (FAA), when applicable.

(o) Approval. The issuance of a sign permit for a billboard which has been granted approval shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards along state highways. If the applicant fails to submit evidence of the required approval by PennDOT within 30 days of the issuance of the sign permit, the sign permit shall be revoked by the Township Zoning Officer, who shall provide written notice to the applicant. The applicant may reapply for the required sign permit, upon submission of evidence of PennDOT approval, without payment of any additional sign permit fee, provided the application is refiled within six months.

(p) Fees. Application for a sign permit/license shall be accompanied by an application/license fee in the amount of $5 per square foot of gross sign area, per sign face, measured in square feet. The application must be renewed every two years, along with payment of the applicable license renewal fee calculated as described above. This fee may be amended from time to time by resolution of the Board of Supervisors. The term of the license shall extend from January 1 to December 31 of the following year. If application is made mid-year, then the term shall extend only to December 31 of the following year, at which point application may be made for a full two-year term.

(q) Destruction. Any billboard which is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of this section.

(2) Freestanding sign (permitted use in MU and I Districts only): a sign supported by one or more uprights, poles, posts, monolithic wall structure or braces placed in or upon the ground in a fixed location and not attached to any building or structure. A freestanding sign many contain off-premises advertising.

(a) The freestanding sign shall have no more than two sides.

(b) The maximum sign area shall not exceed 150 square feet per side if there is only one business on the lot and shall not exceed 300 square feet per side if there is more than one business on the lot. Neither dimension of such sign shall be less than five feet.

(c) No portion of any sign shall project over any public right-of-way, nor shall it be located within the clear sight triangle of any street intersection. All freestanding signs shall be set back at least 10 feet from every property line, except where property abuts on a public right-of-way, in which case the sign shall be set back at least 10 feet from the right-of-way or at least 15 feet from the edge of the cartway if the right-of-way is not contiguous with the front lot line.

(d) The top of the freestanding sign shall not exceed a height of 35 feet above grade level, and the bottom shall not be less than five feet from ground level.

(e) A premises may erect and maintain one freestanding sign per lot, except as otherwise permitted in this section. However, no individual business or other individual enterprise within a shopping plaza may erect or maintain its own freestanding sign, but it shall use sign area contained on the one shopping plaza sign which is permitted.

(f) One freestanding sign may be permitted for and toward each public right-of-way for a corner lot; provided, however, that such signs shall not be closer, one to the other, than 150 feet and one entrance to the parcel from each right-of-way exists.

(g) A lot with frontage of 300 feet or more on a public right-of-way may have a total of two freestanding signs on that frontage; provided, however, that such signs shall not be closer, one to the other, than 150 feet and two entrances to the parcel from that right-of-way exist.

(h) If a freestanding sign also contains off-premises advertising then the requirements contained in Subsection D(1). Billboards, Subsections (l) through (q) shall likewise be applicable to said sign.

(3) Marquee or canopy (permitted use in MU, I and OIP Districts only): a sign painted onto or attached to a permanent overhanging structure which projects from the wall or surface of a building but does not include a projecting roof. Only two such signs are permitted per premises.

(a) The marquee sign may be painted on or attached flat against the surface of the marquee but shall not project beyond the marquee or be attached to its underside.

(b) The bottom of the marquee sign shall have a minimum clearance of nine feet above the sidewalk.

(c) These signs may be internally or externally illuminated and may be moving.

(d) All exterior illuminated signs shall have concealed connecting wires.

(e) All electrically illuminated signs shall conform to all building and electrical codes of the Township.

(4) Moving (permitted use in MU, I and OIP Districts only): any sign which may fall under any sign classification in this chapter but which, in addition, is also animated, flashes, blinks, oscillates, rotates, revolves or in any way moves or provides an electronic or digital message, display, action or color change, including lasers.

(a) Only one such sign is permitted per premises.

(5) Portable sidewalk (permitted use in MU District only): any sign intended to advertise merchandise, events, specials or sales and which is not fastened to a building, structure or to the ground and is readily moveable.

(a) Portable sidewalk signs shall be erected or displayed only during the course of normal daylight business hours. No such sign shall be illuminated or moving or erected or displayed after sunset or during hours when the business or businesses are closed.

(b) Portable sidewalk signs shall not unreasonably impede pedestrian traffic or obstruct the vision of motorists.

(c) The dimensions of such signs shall not exceed 24 inches by 42 inches high when measured perpendicular to the sidewalk.

(d) Only one such sign shall be permitted per premises. Where more than one business occupies a building, the portable sign may be shared.

(e) Merchants using portable sidewalk signs within the public right-of-way shall provide the Township Zoning Officer with a certificate of liability insurance for a minimum of $500,000. Additionally, a hold-harmless agreement, as provided by the Township, shall be executed and filed with the Township prior to issuance of a sign permit.

(6) Projecting (permitted use in MU, I and OIP Districts only): a sign which projects at an angle from and is supported by a wall of a building.

(a) Each face of a two-sided projecting sign shall not exceed nine square feet.

(b) The area of a three-dimensional object or symbol sign shall not exceed nine square feet. The area shall be computed by enclosing the largest cross section of the sign in a geometric shape, e.g., rectangle, square, circle, triangle or parallelogram, and calculating the area of the enclosed shape.

(c) Projecting signs may be internally or externally illuminated.

(d) No form of illumination that is flashing, moving, animated or intermittent shall be permitted.

(e) All exterior illuminated signs shall have concealed connecting wires.

(f) All electrically illuminated signs shall conform to all building and electrical codes of the Township.

(g) The horizontal projection of the projecting sign shall not exceed 42 inches from the building face.

(h) The projecting sign shall be mounted at a right angle to the building face or may be mounted diagonally to the right angle corner of the building.

(i) The projecting sign shall be hung so as to maintain a minimum clearance of nine feet between any sidewalk and the bottom of the sign.

(j) There shall be no more than one projecting sign for any premises, unless the premises is located on a corner lot or has public entrances on two or more public ways, in which case one projecting sign may be erected for and toward each public way.

(7) Roof (permitted use in MU, I and OIP Districts only): any sign erected and maintained wholly upon and projecting over the roof surface or parapet of any building.

(a) Only one roof sign shall be permitted per premises regardless of the number of businesses or establishments located thereon.

(b) Roof signs may be illuminated but not moving.

(c) Roof signs shall be permitted only in place of a wall sign and are not permitted in a shopping plaza.

(d) The surface area of a roof sign shall not exceed 1 1/2 square feet for every two linear feet of width of the front wall of the building or a maximum of 200 square feet, whichever is less.

(e) Roof signs shall not project more than eight feet above the highest point of the roof on which they are erected.

(8) Shopping plaza (permitted use in MU District only): A shopping plaza is a cohesive unit of stores or other commercial businesses arranged and constructed according to a plan and contained within the same parcel of land.

(a) The shopping plaza sign shall display the name of the shopping plaza only and/or the tenants, lessees or permittees thereof. It must be a freestanding sign, subject to the provisions of this chapter relating to freestanding signs.

(b) All other signs identifying individual premises located within the shopping plaza shall be erected in accordance with the applicable provisions hereof.

E. Signs permitted in all districts. Signs listed and defined in this section are permitted in all districts, except as otherwise provided herein, and shall not be counted when calculating the total number of signs on a premises and shall not require permits. Such signs shall conform with the general regulations and design standards for the types of signs provided for and required by the provisions hereof.

(1) Awning: a sign painted on or attached to a fixed or movable framework, which is attached directly to a building wall.

(a) The awning sign shall be painted on or printed flat against the surface of the awning.

(b) The bottom of the awning sign shall have a minimum clearance of nine feet above the sidewalk.

(2) Banners, pennants and flags: temporary or permanent decorative banners, pennants, or flags made of fabric or fabric-like material which may be freely hanging or attached at all corners, bearing the insignia of any government, religious, charitable or fraternal organization, maintained in a serviceable condition and limited to a maximum area of 24 square feet.

(a) A banner sign may overhang a Township public right-of-way, provided that the sign is firmly attached to a supporting structure.

(b) Any organization or individual erecting a banner sign over a Township public right-of-way shall first secure the written approval of the affected property owners and the Township.

(c) Any organization or individual erecting a banner sign over a Township public right-of-way shall agree, in writing, to assume all liability for any damages resulting from the placement and use of the sign. Additionally, a hold-harmless agreement, as provided by the Township, shall be executed and filed with the Township prior to erecting any banner sign over a Township public right-of-way.

(3) Community directory: an accessory bulletin or announcement board describing the public events of a community organization, institution, or public facility, or describing the names and locations of community businesses.

(a) The community directory sign, excluding any frame or enclosing structure, shall not exceed 50 square feet in area.

(b) The community directory sign shall not exhibit commercial advertising. Church and civic organization sponsored directory signs shall not be considered commercial advertising.

(c) Only one community directory sign shall be allowed for each street frontage of a premises.

(4) Construction project: a sign located on a construction site which identifies the project name and which provides other information pertinent to the project developer(s), contractor(s), consultant(s) and lender(s). These signs are not to exceed 16 square feet in residential districts and 32 square feet in sign area in all other districts.

(a) One construction project sign shall be permitted for and toward each public right-of-way for a corner lot or lot having public entrance to two or more public rights-of-way.

(b) The construction project sign shall be located not less than 20 feet from a right-of-way line nor less than 15 feet from a property line and shall not exceed eight feet in height from ground level.

(c) The construction project sign shall be maintained on the building or site only for the actual period of construction and shall be removed within 15 days following the completion of construction.

(d) Failure to remove a construction project sign within such time period shall authorize the Zoning Officer to remove the sign at the owner's expense.

(e) Notwithstanding any other provision of this chapter, a maximum of three directional signs may be permitted on the premises only while a construction project sign is lawfully erected on a premises.

(5) Directional: a sign that indicates the distance and direction to any business, institution, public building, hospital or parking area.

(a) A single directional sign may be erected along roadways to direct vehicles or pedestrians to premises not located on such roadways, but the access to which is from such roadways.

(b) Directional signs shall be mounted on a post with a maximum area of three square feet on a single face or three square feet on each face of a double-faced sign. If more than one sign is erected on one premises, each sign must be uniform in size and design.

(c) The content of directional signs shall be limited to the name of the establishment and direction and distance information.

(d) The maximum height of any directional sign shall not exceed a height of nine feet above grade level, and it shall be located not less than five feet from the paved edge of a cartway.

(e) A maximum of three directional signs are permitted to be erected by any one person, agency or business.

(f) Any directional sign to be located in a right-of-way must have the written permission of the abutting property owners of said right-of-way.

(6) Historical and memorial markers: plaques, signs, tablets or markers which document or honor historical events or the historical or memorial significance of persons or buildings.

(7) Identification signs for places of worship: signs identifying places of worship, when located on the premises thereof, and not more than 24 square feet in sign area.

(8) Illuminated: a sign that is artificially illuminated, either internally, indirectly or externally, by means of electricity or gas. An internally illuminated sign is one which is lighted by means of lamps or devices internal to the sign, which is either behind the face of the sign or is an integral part of the sign structures and advertising effect. An indirectly or externally illuminated sign is one which is lighted by means of lamps or devices external to, and reflected on, the sign, which lighting is stationary and constant in intensity and color at all times and which is shielded so that the illumination is concentrated on the face of the sign and there is no spillover of illumination or glare beyond the face of the sign.

(a) Illuminated signs in all Residential Districts shall be limited to a maximum top-to-bottom height of 24 inches. In all other districts, an illuminated sign shall be restricted according to its classification as otherwise defined in this chapter.

(b) No form of illumination from a moving sign shall be permitted except in the MU, I and OIP Districts.

(c) All exterior illuminated signs shall have concealed connecting wires.

(d) All electrically illuminated signs shall conform to all building and electrical codes of the Township.

(9) Individual letters or symbols: identifying letters, symbols, designs or characters attached to an awning, marquee, roof, building surface, wall or signboard, which provide identification to the premises.

(a) Sign area shall be computed by measuring the area which encompasses all of the individual letters or symbols.

(b) Individual letters or symbols shall not project more than 12 inches from the building surface at the point of attachment.

(c) Individual letters and symbols shall not extend above the building facade or roof cornice or project beyond the ends of the wall to which they are attached.

(10) Municipal signs: signs erected by the Board of Supervisors of Potter Township or under the direction of the Board, the Pennsylvania Department of Transportation or Beaver County, which bear no commercial advertising, including, but not limited to, traffic control or advisory signs, railroad crossing signs, safety signs, signs identifying public schools, public roads and playgrounds, etc.

(11) Name and address signs: a sign displaying the name and street number of the resident, business or building for each premises, but not to include any commercial advertising.

(a) Two address signs shall be allowed for each premises or one for each building located upon a premises.

(b) The address sign may be attached to the building or affixed to a post and may be illuminated or nonilluminated. Post-mounted signs shall not exceed five feet in height above grade level.

(c) The address sign shall not exceed two square feet and shall not be located less than five feet from a right-of-way or property line.

(d) A sign identifying by name or address a residential or commercial development shall fall under this classification and shall meet the following additional requirements:

[1] One development sign shall be permitted on each premises, provided the total area of the sign shall not exceed 70 square feet.

[2] A development sign shall only contain the street address and/or name of the development or plan and shall be either a wall or freestanding sign.

[3] A development sign shall be nonilluminated or indirectly illuminated and, depending on the design, must meet any other applicable requirements pursuant to this chapter.

(12) No-trespassing signs: "No Trespassing" signs or other such signs regulating the use of a property not to exceed two square feet in sign area in residential districts and five square feet in all other districts.

(13) On-premises signs for home occupations: on-premises signs identifying professional and home occupation uses, including names and credentials. Such signs shall be limited to three square feet.

(a) The home occupation sign shall denote only the name, office hours, symbols, credentials and/or profession of the occupant.

(b) The home occupation sign shall not exceed three square feet.

(c) The home occupation sign may be attached to the building or affixed to a freestanding post. Post-mounted signs shall not exceed nine feet in height above grade level.

(14) On-premises information signs: signs regulating on-premises traffic, parking, or other functional information, e.g., "Lubrication," "Sales Department," "Exit," etc., bearing no commercial advertising.

(a) On any premises which contains two or more multifamily or nonresidential buildings and/or on any lot which provides more than 20 parking spaces, on-premises information signs shall be permitted, provided that the sign area of any one sign shall not exceed 32 square feet.

(b) On lots with areas less than one acre, a maximum of four such signs shall be permitted. On lots with areas of one acre or more, a maximum of six such signs shall be permitted on the first acre. For each additional acre or fraction thereof over one acre, two additional such signs shall be permitted.

(15) Political: a sign designed and intended to influence the vote of the electorate on a law, statute, ordinance, amendment, rule, regulation or other measure, or on the nomination or election of a candidate for any public office. Such signs shall be stationary, temporary and unlighted, except where otherwise permitted.

(a) Political signs are permitted in all districts if stationary and nonilluminated. This section does not apply to political signs which are also billboards.

(b) Nonilluminated temporary political signs erected during a political campaign shall be permitted, provided that the surface area of such signs shall not exceed 32 square feet. The signs shall not be erected before 30 days prior to the election and shall be removed within 10 days after the election for which they were erected. The Township may immediately remove and destroy any political sign which is not removed within 10 days after the election for which it was erected.

(c) Political signs shall not be attached to street signs or poles.

(16) Public service: a sign located for the purpose of providing a public service message or directions toward a use not readily visible from a public street, e.g., public restrooms, telephone, parking, business district, hospital, school, etc.

(a) The public service sign necessary for public safety and convenience shall not exceed four square feet in area.

(b) The public service sign shall not exhibit commercial advertising.

(17) Real estate management signs: such signs may include the name, address, and telephone number of a real estate management company but shall not include any commercial advertising; they shall be not more than six square feet in sign area, and there shall be not more than two such signs per premises.

(18) Real estate signs: a sign advertising a property for sale, for rent or having been sold or rented and erected by a broker or other person interested in the sale or rental. These signs are not to exceed six square feet in residential districts and 32 square feet in all other districts. Such signs shall be maintained in a serviceable condition and shall be removed within 10 days after the premises advertised has been sold, rented or leased. Such signs shall be located not less than 10 feet from a right-of-way.

(a) The real estate sign shall not be illuminated.

(b) Only one real estate sign shall be allowed for each 150 feet of street frontage. The sign content shall be limited to the property being sold or rented and the identity of the broker, agent, tenant, developer or owner of the premises.

(c) All real estate signs shall be removed within 10 days after the closing of the sale of the real estate or the rental of the real estate.

(d) The Zoning Officer is empowered to remove real estate signs when the period required for removal has expired at the owner's expense.

(19) Temporary advertising - community activities, auctions, garage or yard sales, special events of charitable or public service groups. Such signs shall be limited to a maximum area of six square feet and located on the property where such event or activity is to be held. Signs shall not be erected earlier than 30 days prior to the advertised event or activity and shall be removed within 48 hours following the event or activity. A temporary sign is intended to be used for a period of 30 days or less, announcing an event or advertising a special limited-time offer not normally available on the premises.

(a) Temporary signs pertaining to special sales or events may be displayed for a period of 30 days or less.

(b) The cumulative area of temporary window sign(s) shall not exceed 50% of the area of each display window or public entrance on the building site. For purposes of this subsection, any display window that faces a separate public right-of-way or which is separated from any other display window by a public entrance shall be considered a single display window.

(c) Holiday messages and decorations are excluded from the restrictions under this section. Holiday decorations displayed for recognized federal or state holidays, provided they do not interfere with traffic safety or do not in any other way become a public safety hazard or nuisance, are exempt from this chapter and permitted in all zoning districts.

(20) Wall: a sign which is mounted to an exterior wall or vertical surface of a building or structure or which is painted directly upon a building or structure.

(a) The wall sign shall not project more than 12 inches from the building surface.

(b) The wall sign shall not extend above the building facade or roof cornice or project beyond the ends of the wall or surface to which it is attached.

(21) Window: a permanent sign painted on or attached to the inside or outside glass of a window or glass-paneled door, including decals, or suspended within a window.

(a) The contents of the window sign shall only advertise an on-premises use.

(b) The total area of a permanent window sign shall be included in computing the total area of signs on the building frontage.

(c) The area of a window sign shall be computed by measuring the area which encompasses all of the individual letters or symbols thereof.

F. Signs prohibited in all districts. Signs listed in this section are prohibited in all districts:

(1) Any moving sign, except those permitted in the MU, I and OIP Districts.

(2) Any sign which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers or detracting from the visibility of any traffic sign or control device on public streets and roads. Unless otherwise specifically permitted herein, no sign shall exceed a height of 3 1/2 feet above ground level at any right-of-way intersection, so as to obstruct the clear sight triangle.

(3) Any sign which obstructs free ingress to or egress from a public right-of-way or required door, window, fire escape or other required exitway or which interferes with the proper function of the building.

(4) Any sign or sign structure which is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with it; and any abandoned sign.

(5) With the exception of municipal signs, signs which make use of words such as "stop," "look," "danger," etc., or any phrases, symbols or characters which may interfere with, obstruct, mislead, or confuse traffic.

(6) Flashing, blinking or pulsating string lights used in connection with commercial premises for commercial purposes, except those permitted in the MU, I and OIP Districts, and except temporary holiday decorations which are permitted in all districts.

(7) Searchlights, commercial advertising banners, flags, pennants, spinners and streamers, except for use as a temporary sign.

(8) Signs which are affixed to street signs, posts or traffic signs, except temporary holiday decorations.

(9) Any sign not expressly permitted in a given district by this chapter is prohibited by this chapter as is any sign which violates any other provision of any Potter Township ordinance or federal or state law.

(10) No sign shall be erected, placed or constructed in any district on a movable or portable base, sled, trailer, vehicle or other device of any type where the principal use of the same is for the purpose of displaying a sign which is capable of being moved or transported from one location to another, except as expressly permitted by this article.

(11) No signs are permitted which are affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.

(12) No person shall maintain an abandoned nonconforming sign or permit an abandoned sign to be maintained on a premises under his/her ownership or control. Any such abandoned sign shall be removed by the landowner or person controlling the property within 30 days of the abandonment.

(13) Unless otherwise provided herein, no sign shall contain off-premises advertising, with the exception of billboard or freestanding signs.

G. Sign restrictions in all districts.

(1) General requirements. All signs shall conform to the general regulations and design standards for the types of signs provided for and required by this chapter and any other applicable federal law or law of the Commonwealth of Pennsylvania. No signs, except portable sidewalk signs, shall be located in or upon a public right-of-way where the same interfere with public use. Unless otherwise provided herein, no sign, or any part thereof, including braces, supports, or lights, shall exceed a height of 20 feet, measured from grade level to the highest part of the sign area.

(2) Limit on number of signs. Except as otherwise provided herein, there shall be a total of no more than two signs, regardless of classification, permitted on a single parcel.

(3) Limit on sign area. Except as otherwise provided herein, the maximum sign area permitted for buildings within the I, MU and OIP Districts, regardless of the number of premises contained therein and regardless of the number of signs located thereon, shall not exceed 1 1/2 square feet for every two linear feet of building face parallel to or substantially parallel to a public right-of-way. If a building fronts on two or more streets, the maximum sign area for each street frontage shall be computed separately. A lot without a building situated thereon shall be entitled to a maximum sign area of 24 square feet.

(4) Limit on content of signs. Trademarks that are registered for a specific commodity may occupy no more than 10% of the maximum sign area, unless the commodity is the principal product sold or manufactured on the premises, except for:

(a) Off-premises signs, which shall be regulated by the standards for off-premises advertising signs; and

(b) Sponsor signs placed on recreational facilities or fences surrounding recreational areas which are not visible from a public right-of-way.

(5) Safety and maintenance. Every sign and all structural parts thereof shall be constructed of durable materials and maintained in a secure and safe condition. If, in the opinion of the Zoning Officer, a sign is not secure, safe and in a good state of repair or otherwise not in compliance with this chapter, the Zoning Officer shall give written notice of this to the owner, lessor, tenant, lessee and permit holder, as applicable. If the sign is not made compliant within 10 days of said notice, the Township shall remove the sign at the owner's expense.

(6) Any sign which no longer serves the purpose for which it was erected shall be immediately removed by the owner, lessor, tenant, lessee and/or permit holder, as applicable. If the sign is not removed within 10 days of notice to do so, the Township shall remove the sign at the owner's expense.

(7) Except for billboard, freestanding, directional and political signs, all signs shall be located on the premises which they are intended to serve.

(8) In the event that any given sign may meet the definition of more than one classification under this chapter, it must meet the design requirements of all applicable classifications. In the event that any design requirement under two or more classifications is in direct contradiction with another, the more-restrictive requirement shall apply.

H. Administration and enforcement.

(1) Sign inspection and enforcement.

(a) The Zoning Officer shall inspect signs and enforce the provisions hereof.

(b) The Zoning Officer shall receive and examine all applications for permits to erect signs and shall issue permits for all signs which conform to the requirements hereof.

(c) The Zoning Officer shall record and file all applications, conduct an annual inspection of all signs and make such reports as the Township may require.

(d) Enforcement of these provisions regulating signs in Potter Township shall be in accordance with this section, the Pennsylvania Municipalities Planning Code, Section 617.2,[1] and this chapter.

[1] Editor's Note: See 53 P.S. § 10617.

(e) The Township Zoning Officer or Board of Supervisors may designate an individual to exercise the duties and obligations of the Zoning Officer as provided herein to effectuate the provisions of this chapter.

(2) General provisions for all sign permits.

(a) All signs, except those specifically exempted in this section hereof, shall require a permit before being erected.

(b) All sign approval permits shall be filed on application forms provided by the Township and administered by the Zoning Officer. No permit will be issued unless and until the required fee is paid in full and the application is in compliance with these regulations. Said application shall be accompanied by an application/license fee in the amount of $5 per square foot of sign area per sign face. This fee may be amended from time to time by resolution of the Board of Supervisors.

(c) One application form may be used to describe and permit multiple sign installations on the same property, provided that complete information is provided for each sign as required by Subsection H(3) herein.

(d) Sign approval permits, with the exception of billboards and freestanding signs containing off-premises advertising, are valid until the sign is replaced, remodeled or structurally altered, in which case a new permit shall be required.

(3) Permits to erect new signs or to alter or move existing signs.

(a) No sign shall be erected, structurally altered, or moved until a permit has been obtained from the Zoning Officer. A permit shall only be issued when the Zoning Officer determines that the sign plans comply with all applicable provisions hereof.

(b) Any person desiring a sign permit shall file an application on a form provided by the Township and administered by the Zoning Officer.

(c) The sign permit application form shall contain the following information:

[1] Applicant name, address and telephone number.

[2] A plan, drawn to scale, showing the location of the building, structure or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to the property lines, adjoining or nearby buildings, streets, or highways.

[3] A description of the dimensions, shape, color, material, supports, anchoring and height of the sign and the intensity of illumination.

[4] A sketch of the sign, drawn to scale, illustrating the style of letters, words, symbols or other graphics.

[5] Name of the person or firm constructing, altering, or moving the sign.

[6] Written consent of the property owner, if different from the applicant.

[7] Any other conditions which the Zoning Officer may require to demonstrate full compliance with this chapter and other applicable laws of the Township.

(d) The Zoning Officer shall process applications for sign approval permits within 30 days from the date of the filing of a complete application with the required fee.

(e) Approval to erect, alter or move a sign shall be granted subject to the provisions hereof or other applicable ordinances and any other specific conditions which may be stipulated on the permit application form, as may be required by the Zoning Officer.

(f) The Zoning Officer shall inspect the sign installation for conformance to all applicable requirements and conditions. Signs deemed to be in compliance with the terms and conditions of the permit application shall be granted a permit. The permit shall be validated by the signature of the Zoning Officer. A copy of the validated sign permit shall be provided to the sign owner.

(g) The sign owner shall notify the Zoning Officer upon the removal of any permitted sign.

(h) All requests for a permit for signs which have a vertical height which exceeds the horizontal distance to any highway or right-of-way or property line shall be accompanied by stress sheets and calculations showing the sign structure is designed for dead load and wind pressure in any direction in accordance with applicable building code specifications for wind pressure on signs.

(4) Nonconforming signs. All signs existing at the time this section is enacted which do not conform to one or more applicable provisions hereof shall be deemed to be nonconforming signs and shall be subject to the following requirements:

(a) Any sign heretofore legally erected may continue to be maintained. However, no such sign shall be enlarged, added to or replaced by another nonconforming sign.

(b) A nonconforming sign may be temporarily removed for repair and maintenance and re-erected if restored within six months. Signs not restored within a six-month period shall be deemed abandoned, and the use of the nonconforming sign shall terminate.

(c) Nonconforming signs or sign locations which are discontinued or not used for a period of at least six months shall be deemed abandoned, and the use of the nonconforming sign shall terminate.

(d) Any nonconforming sign that becomes unsafe or which is destroyed or damaged beyond repair shall be removed. Nonconforming signs which are unsafe, destroyed or damaged beyond repair for a period of six months or more shall be deemed abandoned, and the use of the nonconforming sign shall terminate.

(e) Failure to comply with the approved permit provisions for removal of nonconforming signs shall result in penalties for noncompliance as set forth in Article V of the this chapter.

(5) Fees for sign permit.

(a) Applications for erecting, altering, or moving a sign or signs, as well as the filing of a request for a variance with the Zoning Hearing Board, shall be accompanied by the fees as set forth in this § 210-98H(2)(b).

(b) No fee shall be charged for resubmitting an application which adopts the suggested modifications of the Zoning Hearing Board.

(c) No fee shall be charged for the painting or repair of a sign that is an exact duplicate of the existing approved sign.

(d) No permit shall be issued, nor variance granted, without the payment of required fees.

I. Removal of prohibited advertising devices. In addition to the penalties prescribed in this article, the Township may institute any appropriate action or proceeding, after 30 days' written notice of a violation of this chapter to the person or persons maintaining or allowing to be maintained such sign, to prevent, restrain, correct or abate a violation or to cause the removal of any sign erected or maintained in violation of the provisions of this chapter, or the Township may have any such sign corrected or removed by its employees. In the event of such removal, the person or persons responsible for the erection or maintenance of such sign and the person or persons allowing such sign to be maintained shall be liable to the Township for the cost of removal or correction of such sign. Neither the Township nor any other employee acting at its discretion shall be liable in any criminal or civil action for damages for any action authorized by this article.

§ 210-99 Residential wind turbines.

These are devices used to convert wind energy for individual residential or farm usage. Such devices are permitted in all districts. They must be behind the front yard setback.

§ 210-100 Vehicle storage.

Except for motor vehicles actively used in connection with farming, commercial, or mining activities in zoning districts where permitted by this chapter, the exterior storage of not more than one motor vehicle that was manufactured for highway use that does not have a current inspection sticker shall be considered an accessory use, but two or more shall constitute an auto salvage business and shall not be permitted as an accessory use.

§ 210-101 Storage of mobile homes, camping and recreational equipment.

Trailers, as defined within the terms of this chapter, and including mobile homes, travel trailers, pickup coaches, motorized homes and boat trailers, may be parked or stored subject to the following requirements:

A. At no time shall a parked or stored mobile home or camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes.

B. Permanent parking and storing of camping and recreational equipment shall be limited to the building line as stated in the appropriate zoning district.

C. The storage of mobile homes and using a mobile home for storage is prohibited within the Township of Potter.

§ 210-102 Storage generally.

No lot or premises other than specified in this chapter shall be used as a storage area for junk automobiles, appliances or the storage or collection of any other miscellaneous items. Also, no lot or premises shall be used as a garbage dump or a dead animal rendering plant, nor may manure, rubbish or miscellaneous refuse be stored in the open within any district where the same may be construed as a menace to the public health or safety.

§ 210-103 Temporary portable storage units.

"Temporary portable storage unit(s)" shall mean any nonlicensed, stand-alone, trailer, container, storage unit, shed or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes accessory to a permitted principal use on a nonpermanent basis for a set period of time until the portable storage unit is moved to an off-site location.

A. A Potter Township temporary portable storage unit permit shall be required whenever a temporary portable storage unit is placed on private, commercial, industrial or residential property for every 30 days or portion thereof, for a maximum period of 60 days. The permit holder may, due to special circumstances, apply for an extension of the placement of a temporary portable storage unit in excess of 60 days, provided the extension request is filed prior to the expiration of the sixty-day period of the permit. The permit holder may, due to special circumstances, apply for an exemption from the temporary portable storage unit placement requirements. The Township, when considering the request for an extension of the allowed sixty-day period or an exemption from the temporary portable placement requirements, may set conditions of approval and establish a special fee. No permit extension shall exceed 180 days.

B. The maximum size of any temporary portable storage unit shall not exceed eight feet in width, eight feet in height and 16 feet in length. The maximum number of placements per lot is two per calendar year, for a maximum number of 60 consecutive days per placement or 120 days per calendar year, unless an extension is obtained pursuant to Subsection A above. The maximum number of temporary portable storage units that can be on a lot at one given time is one, unless an exemption and approved conditions are first obtained from the Township.

C. The temporary portable storage unit cannot encroach on Township property, Township rights-of-way, neighboring property, sidewalks or any other right-of-way, whether private or public. The unit must be sited on an asphalt, concrete, gravel or other hard surface between the front property line and the rear building line of the principal structure. The site distance between the temporary portable storage unit and the side yard property line is 10 feet. The ten-foot side yard setback may be waived if the applicant's neighbor(s) consent, in writing, to a side yard setback placement that is less than 10 feet and the Code Enforcement Official confirms the neighbor's consent.

D. All temporary portable storage units shall be free of rust, peeling paint or other visible forms of deterioration and shall be painted or covered in a manner that is aesthetically consistent with nearby and surrounding structures so as not to diminish the quality of living, property values, and health, safety and welfare of residents of Potter Township. Temporary portable storage units shall not be used to house animals or humans.

E. Temporary portable storage units shall only be allowed upon application and the issuance of a permit. The permit shall be displayed either on the front exterior surface of the unit in a plastic liner or in the front window of the residence or front window of the premises' principal structure. The Code Enforcement Official or designated representative shall have the discretion to grant a grace period not to exceed five days for a new, first-time residential property owner or residential tenant.

F. Responsibilities of lessor/lessee and user. The lessor/lessee and user of the temporary portable storage unit shall be jointly responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. Lids and doors shall be kept tightly and completely closed when not in use. No hazardous substances are permitted to be stored or kept within a portable storage unit. The area surrounding the portable storage unit shall be kept clean and free of loose debris. The lessor/lessee and user shall clearly indicate his/her name and contact telephone number on the temporary portable storage unit.

G. Any temporary portable storage unit placed on a property without the issuance of a permit shall be subject to a fine of $500 for every day that such illegal use continues, as well as reasonable attorneys' fees and court costs incurred by Potter Township in pursuing the enforcement of this chapter. Both the owner of the real property and the owner of the temporary portable storage unit are subject to the requirements and sanctions set forth in this chapter.