§ 27-606. Signs., Part 6. SUPPLEMENTAL REGULATIONS, Chapter 27. Zoning, Municipal Code, Code of Ordinances, Phoenixville

Scope and Applicability. In all zoning districts, signs may be erected, altered, maintained, used, removed or moved only when in compliance with the provisions of this chapter and any other applicable ordinances and regulations. All proposed new signs in the Downtown Historic District must receive HARB approval prior to making or erecting the sign. Signs existing at the time of passage of this chapter, which were legally erected, and which do not conform with the requirements of this chapter shall be considered nonconforming signs and, once removed, shall be replaced only with conforming signs. Nonconforming signs may be repainted or repaired (including the lighting), provided that the repainted or repaired sign does not exceed the dimensions of the existing sign. Wording may also be changed. Also see the requirements for nonconformities.

Definitions. Various terms used in this section are defined in Part 2, Definitions.

General Regulations.

[Added by Ord. 2014-2244, 11/10/2014]

Location of Signs. In no case, except for official traffic and street signs, shall any sign be erected that does not conform with the following regulations:

(1)

Public Right-of-Way. In no case, except for a Borough-installed banner sign, shall any sign other than highway or traffic signs be erected within or project out into the present or future right-of-way of any street.

(2)

Entrance or Exit to a Building. No sign shall be erected or installed in such a way as to block or obstruct any exit or entrance, including the emergency exits or entrances, of any building or other structure; nor shall any sign obstruct or interfere with or be attached to any part or any fire escape or fire tower.

(3)

Signs on Public Property. No sign shall be erected or maintained on any property owned by the Borough, except with the express permission of the Borough as given by the Borough Council at its duly convened public meeting.

(4)

Signs That Cause Traffic or Pedestrian Hazards. No sign shall be placed in such a position that it will be a danger to traffic on a street or traffic entering a street. All signs shall conform to the following standards:

(a)

No sign shall obstruct the sight distance from any vehicle leaving the driveway. The minimum setback from a driveway shall be 10 feet from the nearest edge of the driveway to the nearest position of the sign.

(b)

No sign shall obscure a motorist's view of traffic signals, stop signs, warning devices, roadways or intersections as viewed from a distance of 500 feet along the established thoroughfares, and no sign shall limit a pedestrian's view of vehicular traffic to less than 500 feet while he stands inside the curbline at an intersection or other established crossing point.

(c)

No sign shall block the movement of pedestrians traveling on public thoroughfares.

General Sign Design Regulations.

(1)

Signs in all residential districts are limited to the following maximum sizes:

(a)

Home occupation: two square feet.

(b)

All uses other than residential: 10 square feet.

(2)

Area of a Sign:

(a)

The area of a sign shall include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed (but not including any supporting framework and bracing which is incidental to the display itself).

(b)

Where the sign consists of individual letters or symbols attached to or painted on a building's wall or window, the area shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all of the letters and symbols.

(c)

In computing the square-foot area of a double-faced sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.

(3)

Height of a Sign.

(a)

When a freestanding sign is located within 30 feet of a road right-of-way, the maximum height of a freestanding sign shall be measured from the elevation of the shoulder of the road to the highest point of the sign structure; however, where there is a sidewalk along the road, the height of such a sign shall be measured from the elevation of the sidewalk. All other signs shall be measured from the ground level at the base of the sign, provided that the ground level shall not be graded to increase the height of the sign.

(b)

For a projecting, parallel, or roof sign, the maximum height shall be determined by its placement on the building. See definitions.

(4)

Copy Area Calculation.

(a)

The copy area of all signs, except those listed below, shall not exceed 75% of the total area of the sign.

(b)

The following signs are exempted from this copy area restriction:

Window signs.

Wall signs consisting of single and separate letters or script without an enclosed background of the sign.

(5)

Illumination of a Sign. Except for electronic message display signs, a light illuminating a sign shall be so arranged that the source of light is not visible from any point off the lot and so that only the sign is illuminated. This illumination may not be direct, through transparent or translucent materials from a source of light within the sign structure. It may be indirect, with any projected light shielded so that no light is visible elsewhere on the lot. Exception: Wall signs consisting of separate characters, otherwise known as "channel letters," may be internally illuminated.

Permanent Signs. The following permanent signs may be erected as permitted in the respective districts, provided that they are erected and displayed in conformance with the following regulations. A portable sign is not a permanent sign and may be permitted only as a temporary sign.

[Added by Ord. 2014-2244, 11/10/2014]

Standard Signs. There are 12 standard signs: awning, billboard, canopy, development, electronic message display, fascia, freestanding, hanging shingle, nameplate, projecting, wall, and window.

[Amended by Ord. 2016-2264, 6/14/2016]

(1)

Awning Sign. Requirements for awning signs:

(a)

The permanently affixed copy area of awning signs shall not exceed an area equal to 35% of the face of the awning.

(2)

Billboard. See conditional use standards for billboards, § 27-301, Subsection 2A(2)(b).

(3)

Canopy Sign. Requirements for canopy signs:

(a)

The permanently affixed copy area of canopy signs shall not exceed an area equal to 35% of the face of the canopy, marquee or architectural projection upon which such sign is applied.

(b)

Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.

(4)

Development Signs (Permanent). A permanent development identification sign may be erected upon final approval of the subdivision and land development plans by the Borough Council in accordance with the following regulations:

(a)

Signs and entrance structures shall be for identification purposes only and shall give only the name of the subdivision or land development.

(b)

Such a sign shall be a single sign with two faces or may be a single-faced sign located on each side of the entranceway.

(c)

The maximum area of a permanent development sign shall not exceed 16 square feet or a height of four feet, excluding structural elements and decorative features.

(5)

Fascia Sign. Requirements for fascia signs:

(a)

A fascia sign shall have a minimum clearance of eight feet from the sidewalk and shall not extend above the eaves or parapet of the building.

(b)

Size Restrictions. The fascia sign width shall not extend within two feet of a party wall or side of a building, and the height shall not be greater than two feet.

(6)

Freestanding Sign. Requirements for freestanding signs:

(a)

The sign shall be set back at least eight feet from the right-of-way line or 12 feet from the curbline, whichever is greater, at least 25 feet from the side property lines and 75 feet from any residential district. When the seventy-five-foot setback from a residential district cannot be achieved, the sign shall be placed to cause the least visible interference with the adjoining residences.

(b)

If a premises or development is located or has entrances on more than one roadway, one freestanding sign may be erected along each frontage.

(c)

Area and Height Restrictions. The area of the sign shall not exceed one square foot for each linear foot of the building's facade or 50 square feet, whichever is less. The maximum height of the sign shall not exceed 12 feet. The maximum area of the sign structure (measured from the outside edges of the structure, on the largest cross-section, whether solid or not) shall not exceed 80 square feet. For shopping center land developments, with at least 150,000 square feet of gross leasable floor area, the height and area of one freestanding sign may be increased as follows:

Maximum area of sign: 150 square feet.

Maximum area of sign structure (measured from outside edges of the structure, on the largest cross section, whether solid or not): 230 square feet.

Maximum height: 22 feet. These additional area and height regulations shall only apply if the applicant demonstrates that the design and materials of all signs for the premises or development, and the associated landscaping, have been designed, by a landscape architect and/or architect, as part of an overall design for all improvements on the premises and/or site and the area around the base of the sign shall be landscaped, which landscaping shall conceal any lighting fixtures used for the sign.

(d)

Freestanding signs shall not be internally illuminated.

(7)

Hanging Shingle Sign. Requirements for hanging shingle signs:

(a)

No hanging shingle sign shall project more than 36 inches beyond the maximum extent of the structure. There must be a minimum eight-foot clearance between the bottom of the sign and the sidewalk, and the top of the sign may be no higher than 12 feet above the sidewalk.

(b)

For buildings 40 feet or less in width, the total area of the sign shall not exceed six square feet. For buildings greater than 40 feet in width, the sign area shall not exceed 0.15 square foot per linear foot of the building width. The support bracket shall not be included in the computation of sign area.

(c)

Hanging shingle signs will not be permitted where mounting fasteners may permanently damage historic architectural features or where the sign(s) may obscure significant architectural features.

(8)

Nameplate Sign. Requirements for nameplate signs:

(a)

The size shall not exceed two square feet in the overall area on one face.

(b)

Not more than one such sign shall be erected for each permitted use of a dwelling unit unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.

(9)

Projecting Sign. Requirements for projecting signs:

(a)

One projecting sign may be erected on a building and/or structure fronting onto a public right-of-way if that premises has a minimum of 40 linear feet of frontage along the public right-of-way.

(b)

A projecting sign under which a pedestrian walkway passes must have at least an eight-foot vertical clearance and shall not extend above the eaves or the parapet of the building.

(c)

The area of the sign shall not exceed 20 square feet. The maximum height of the sign measured from grade shall not exceed 20 feet.

(10)

Wall Sign. Requirements for wall signs:

(a)

When a wall sign uses direct illumination, the illumination shall be by internal neon or LED lamps only with separate letters, characters, numbers, symbols and/or logos. No box-type direct illumination signs are permitted. Raceways shall not exceed 25% of the measurement of the orientation of the sign.

(b)

Area of sign calculation for a wall sign.

The maximum area of the sign for all wall signs shall be no more than 1.25 square feet of sign area per linear foot of building wall on the side of the building on which the sign is located, measured in the same direction of the orientation of the copy of the sign. In the case where square is desired, the basis of the linear footage shall be half of the combination of the two linear dimensions.

No copy of a wall sign shall extend within two feet of the party or end wall of a building.

(c)

Signs advertising a specific manufacturer's labeled product are not permitted as wall signs.

(11)

Window Sign. Requirements for window signs:

(a)

A window sign shall consist of words or a logo, or both, but shall not have any painted background. Window signs shall not obstruct the view into the building from outside the window.

(b)

No permanent window sign shall have any flashing lights or a lighted display. See Subsection 6G for exempted window signs.

Editor's Note: Former Subsection 6G was removed 11/10/2014 by Ord. No. 2014-2244.

(c)

Window signs may not occupy more than 20% of the total area of the storefront glassed area and no more than 50% of a single glass pane area contained within a window.

(d)

Signs advertising a specific manufacturer's labeled product are not permitted as window signs.

(e)

Window signs meeting the above requirements are not counted toward the maximum number of permanent signs permitted on the building.

Other Permitted Permanent Signs.

(1)

Trespassing signs or signs indicating the private nature of a road, driveway, or premises, and signs prohibiting or otherwise controlling fishing and hunting upon a particular premises may be erected and maintained, provided that the size of any such sign shall not exceed two square feet per side. Such signs do not require a permit, provided that the applicable requirements of this chapter have been met.

(2)

Directional, informational or public service signs, such as signs advertising the availability of restrooms, telephones or similar facilities of public convenience, and signs advertising meeting times and places of nonprofit service and/or charitable clubs and organizations, may be erected, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services and that any such sign shall not exceed three square feet per side in size. Such signs do not require a permit.

(3)

Electronic message display signs are permitted for municipal uses and in the Corridor Development District for nonmunicipal uses. These signs shall comply with the following:

(a)

Operational Limitations.

The duration of each message shall be a minimum of five seconds.

The transition time between messages shall be less than one second.

The sign must be equipped with brightness controls so that the brightness of the sign has the ability to respond to changes in the outside light levels.

Except for traffic control signals, electronic message display signs are prohibited within 100 feet of a traffic control device.

(b)

The location of the sign shall conform to all other applicable regulations with regard to freestanding and wall signs.

(c)

Signs shall be no more than eight feet in height.

(d)

Sign area shall not be permitted to exceed 10 square feet.

(e)

No more than one electronic message display sign shall be placed on an individual lot.

(f)

No electronic message display sign shall be erected within 100 feet of any other electronic message display sign.

(g)

Electronic message display signs shall be set back not more than 35 feet nor less than 10 feet from the lot's boundary with the public right-of-way or street, whichever is closer to the center point of the lot, and not less than 15 feet from any neighboring lot boundary.

(4)

Electronic message display sign when incorporated within a marquee, shall be permitted only as a conditional use in the Town Center District. The electronic message display sign shall at a minimum comply with the following:

[Added by Ord. No. 2018-2294, 10/9/2018]

(a)

No electronic message display sign within a marquee shall be installed on an individual lot less than 100 feet in width.

(b)

Operational limitations of an electronic message display sign within a marquee:

The duration of each static message shall be a minimum of five minutes.

The transition time between static messages shall be less than one second.

There shall be no animation or motion other than what is allowed in the above transition times.

The electronic message display sign must be equipped with brightness controls so that the brightness of the sign has the ability to respond to changes in the outside light levels.

Electronic message display signs are prohibited within 100 feet of a signalized intersection.

(c)

Electronic message display signs within a marquee shall be no more than four feet in height.

(d)

Electronic message display sign within a marquee shall not be permitted to exceed 10 square feet or shall not be larger than the lighted message display sign that it replaces.

(e)

No more than two electronic message display signs shall be placed on a marquee.

Temporary Signs. In addition to permanent signs, the following temporary signs may be erected, provided that they are erected and displayed in conformance with the following and all other applicable regulations:

[Added by Ord. 2014-2244, 11/10/2014]

Temporary signs advertising political parties or candidates for election may be erected or displayed as provided by the laws of Pennsylvania and the United States, provided that the size of any such sign shall not exceed four square feet.

One nonilluminated sign advertising the sale or rental of a premises, or one sign indicating that said premises has been sold or rented, may be erected upon said premises, provided that the area of any such sign shall not exceed four square feet for residential uses and 16 square feet for nonresidential uses. Such signs shall be removed within 20 days after agreement of sale or rental has been signed.

One temporary, nonilluminated sign may be erected in connection with the development or proposed development of certain land and/or premises by a builder, contractor, developer, or other persons interested in such sale or development, provided that the area of any such sign shall not exceed 32 square feet and that the sign shall be removed within 20 days after the last structure has been initially occupied or upon expiration of the building permit, whichever is sooner.

Temporary nonilluminated signs of mechanics or artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that such a sign shall be removed upon completion of work by the mechanic or artisan and that the total area of all such signs shall not exceed four square feet.

Temporary nonilluminated signs for yard sales may be erected and maintained during the period of one week prior to the yard sale, provided that such a sign shall be removed upon completion of the sale and that the total area of such a sign shall not exceed four square feet.

Temporary, nonilluminated signs and banners directing persons to temporary exhibits, shows or events may be erected, subject to the following requirements:

(1)

Signs shall not exceed 16 square feet in area.

(2)

Signs shall not be posted earlier than two weeks before the occurrence of the event to which they are related and must be removed within one week after the date of the exhibit, show or event.

(3)

Sandwich-board-type signs are included in this category but are to be removed during nonbusiness hours and immediately after the event.

A temporary sign or display within a window is permitted when in conjunction with a promotion, special event or seasonal sale, provided that the following requirements are met:

(1)

Such a sign may be erected only for a commercial use.

(2)

Only two such signs shall be permitted in any window.

(3)

No such sign shall be illuminated.

(4)

The total area of such signs shall not exceed 40% of the total area of the window, and such signs shall not be placed where they restrict the view of a permanent window sign.

(5)

Such a sign may be displayed for a period not exceeding 14 days without requiring a sign permit.

(6)

Temporary sign for new owner or tenant while HARB application is in process. A new "Store Opening" sign or banner placed as a temporary sign is permitted as part of the standard building and occupancy permit; however, a sign application for HARB review shall be submitted to the Borough Zoning Officer prior to sign erection. One temporary sign or banner may be posted for maximum of 45 days from the date of HARB application. Temporary signs must be date-stamped with both the application date and the date the sign must be removed on a border of the sign that is visible from the public walkway.

Exempted Signs. In addition to the signs that do not require a permit, as previously noted, the following signs do not require a permit, provided that the applicable requirements of this chapter have been met:

[Amended by Ord. 2014-2244, 11/10/2014]

Governmental flags or insignias.

Legal notices.

Memorial signs or historical signs, provided such a sign does not exceed four square feet.

Window signs giving store hours, "Open" or the name or names of credit or charge institutions, provided that the total area of any such sign or all signs together does not exceed two square feet.

Signs which are a permanent architectural feature of a building or a structure, such as a cornerstone, or identifying letters carved or embossed on a building, provided that the letters are not made of a reflective material and do not contrast in color with the building.

Bunting, pennants and similar materials are permitted to announce the opening of a new business or industry and must be removed after seven days of the opening day or the first day of business.

Revolving barbershop pole signs are permitted, provided that such a sign does not exceed 36 inches in height.

Flags used as projecting signs shall comply with the following:

(1)

They shall be displayed only when the business (occupant of the building to which the flag is attached) is open and shall be removed when the business is closed;

(2)

Only one such flag is permitted for each street frontage of the building and must be displayed only on that frontage;

(3)

The flag shall not obstruct or interfere with the pedestrian walkway;

(4)

No part of the flag shall extend above the eaves or parapet of the building; and

(5)

The area of the flag shall not exceed 15 square feet.

Prohibited Signs. The following signs are unlawful and prohibited:

[Amended by Ord. 2014-2244, 11/10/2014]

No signs shall be of a flashing, rotating, revolving or electronic messaging type, with the exception of barber poles which are used for barbershops only.

Any sign suspended.

Any sign attached to a tree or utility pole, or painted or drawn on a rock or other natural feature, is prohibited. For purposes of this regulation, "attached to" a tree means connected, supported and/or affixed by any method penetrating the surface of the bark of the tree.

No sign may use the words "Stop," "Look," "Danger," or any other word or character which attempts or appears to attempt to direct the movement of traffic or which interferes with or resembles any official traffic sign, signal, or device within 75 feet of a public right-of-way or within 200 feet of a traffic control device, whichever is greater.

Permits, Construction, Maintenance, and Violations.

[Amended by Ord. 2014-2244, 11/10/2014]

Permits Required.

(1)

The permit must be obtained from the Borough before the erection of any signs within the Borough, unless specifically exempted herein.

(2)

Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from the responsibility of erecting such a sign in a safe manner and in a manner which is in accord with all the other provisions of this chapter.

(3)

Application Requirements. To obtain a sign permit, an applicant shall make application on a form provided by the Borough.

Construction Requirements. All signs shall meet the design and construction requirements of the UCC Uniform Construction Code. Electrical message display signs shall be manufactured in accordance with the Underwriters' Laboratories specifications and shall bear the laboratory label.

Maintenance Requirements. Every sign permitted by this chapter must be constructed of durable materials and kept in good condition and repair.

Removal or Abandonment of Signs.

(1)

The owner of any property or premises upon which any sign is erected shall be responsible for its complete removal at such time as the circumstances which caused its erection have ceased to exist, such as a commercial tenant vacating the premises, or at such other time that the sign must be removed under any other provision of this chapter. If the owner of any property upon which a sign has been erected shall fail or neglect to remove it as hereinabove required, the Zoning Officer shall give notice to the owner by certified mail to remove the sign. If this letter is returned undelivered, for any reason, he may post such notice upon the premises. If, upon the expiration of 30 days following such notice, the owner fails to remove the sign, the owner shall be in violation of this chapter. At any time after the expiration of the thirty-day period, the Zoning Officer may arrange for the sign's (signs') removal on behalf of the Borough and shall bill the owner for the cost of such work, plus 10% for administrative cost. If such a bill remains unpaid after the expiration of 30 days, the Borough's Solicitor shall take the necessary steps to collect the same. Failure of a property owner to remove such a sign after the notice hereinabove has been provided shall constitute a violation of the terms of this chapter, and each day's continuance of such failure shall constitute a separate violation.

(2)

If the owner of any sign in violation of any of the provisions of this chapter is not the owner of the premises on which it is situated, identical notices, as specified above, may be issued to him in like manner, and the owner of the sign shall be required to take such steps as to comply with the notice or notices issued to him as though he were the owner of the property or premises on which the sign is located; if the owner of the sign fails to comply, such failure shall constitute a violation of the terms of this chapter, and the owner of the sign shall then be liable to the same extent as the owner of the property or premises on which the sign is located.

Unsafe and Unlawful Signs. If the Zoning Officer finds that any sign, regulated herein, is unsafe or insecure or is a menace to the public or has been constructed, erected, or maintained in violation of the provisions of this chapter, he shall give notice [in the same manner as in this § 27-606, Subsection 8D(1)] to the party to whom the permit was originally issued for erection of the sign, or to the owner of the sign, or to any combination of the parties thereof, to remove or alter the sign so as to comply with this chapter. If the parties notified fail to remove or alter the sign to comply with the standards herein set forth within 30 days after such notice, the parties shall be in violation of this chapter, and such sign may be removed or altered by the Building Inspector at the expense of each and every person notified. The expenses of removal or alteration shall be computed and paid for by the parties notified, in the same manner as in this § 27-606, Subsection 8D(1), and the same sanctions shall apply. The Zoning Officer may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

Fines and Costs. The owner of the property and/or the owner of the sign violating any regulation of this § 27-606 shall be liable for a fine for each such violating sign, and each day that the violation continues shall be a separate offense as more fully set forth in § 27-1102. In addition to this fine, the owner of the property and/or owner of the sign shall also be responsible for the cost for removing the sign(s) and the repair of any damage caused by the sign, its erection and/or the violation.

Insurance. It shall be unlawful for any individual, partnership, corporation, or other entity to erect, repair or maintain electrical signs, regardless of the size and location, or any nonelectrical signs which are higher than 10 feet above grade or are larger than 24 square feet, without submitting a certificate of insurance to the Building Inspector's office in the amount of $100,000 and $300,000 for personal injury liability, as well as $25,000 for property damage.