(A) A billboard shall be permitted as a use by conditional use or special exception subject to the following express standards and criteria.
(1) Location. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the centerline of the roadway to which the billboard is oriented.
(a) The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.
(b) A billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage. The maximum lot coverage calculation shall be cumulative, including the billboard and any other structures and buildings on the same lot therewith.
(c) 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 or residential or nonresidential structure or to limit or reduce the light and ventilation requirements regulated by borough provisions for building construction and fire prevention.
(d) No billboard shall be constructed within the clear sight-triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
(e) Billboards shall maintain a lateral minimum spacing of 750 feet between billboard structures. Required spacing shall be measured from a point perpendicular to the center most point of the billboard structure along the front lot line parallel to the centerline of the roadway to which the billboard is oriented.
(f) Billboards may not be mounted on the roof, wall or other part of a building or any other structure.
(2) Size and height. A billboard shall have a maximum allowable gross surface area of 200 square feet. A billboard shall have a maximum of two sign faces. The height of a billboard shall not exceed 50 feet above the level of the abutting public right-of-way.
(a) The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.
(b) A billboard face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(c) The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 mph wind load.
(d) The entire base of the billboard structure 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.
(e) Landscaping shall be maintained by the billboard owner in an attractive and healthy manner in accordance with accepted conservation practices.
(f) Permanent landscaping shall form a base and/or backdrop to the billboard when practical in the opinion of the Zoning Officer.
(g) No bare earth cuts are permitted on a hillside.
(h) All earth cuts or fills are to be permanently seeded or planted.
(i) An off-premises sign with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum footcandle of one and one-half upon the adjoining property.
(j) Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time. All lighting shall be in accordance with the provisions of this chapter.
(k) No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.
(l) The use of colored lighting is not permitted.
(3) Maintenance.
(a) Annual inspections of the billboard shall be conducted by the borough to determine compliance with the provisions of this chapter.
(b) Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the borough. Failure to comply shall be a violation of this chapter.
(c) 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.
(4) Permits. Prior to submission of an application for a building permit, the applicant for a billboard use shall obtain and submit with the application approvals from the county and the Pennsylvania Department of Transportation (PennDOT).
(5) Application fees. Said application shall be accompanied by an application fee in an amount equal to that set by resolution of the Borough Council.
(B) An electronic changeable copy billboard shall be permitted as a use by conditional use or special exception subject to the following express standardized criteria.
(1) Electronic changeable copy billboards shall be programmed so that the message or image on the sign changes no more often than once every five seconds.
(2) There shall be no effects of movement, blinking, animation, scrolling, flashing or similar effects in the individual images.
(3) Changes of image shall be instantaneous as seen by the human eye, and shall not use blinking, fading, scrolling, shading, dissolving or similar effects as part of the change.
(4) Any illumination intensity or contrast of light level shall remain constant.
(5) Location: required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the centerline of the roadway to which the electronic changeable copy billboard is oriented.
(a) The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the electronic changeable copy billboard is to be located shall apply to each electronic changeable copy billboard structure.
(b) An electronic changeable copy billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage. The maximum lot coverage calculation shall be cumulative, including the electronic changeable copy billboard and any other structures and buildings on the same lot therewith.
(c) No electronic changeable copy billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure or to limit or reduce the light and ventilation requirements regulated by borough provisions for building construction and fire prevention.
(d) No electronic changeable copy billboard shall be constructed within the clear sight- triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
(e) Electronic changeable copy billboards shall maintain a lateral minimum spacing of 1,000 feet between electronic changeable copy billboard structures or billboards. Required spacing shall be measured from a point perpendicular to the center most point of the electronic changeable copy billboard structure along the front lot line parallel to the centerline of the roadway to which the electronic changeable copy billboard is oriented.
(f) Electronic changeable copy billboards may not be mounted on the roof, wall or other part of a building or any other structure.
(6) Size and height: an electronic changeable copy billboard shall have a maximum allowable gross surface area of 200 square feet. An electronic changeable copy billboard shall have a maximum of two sign faces. The height of an electronic changeable copy billboard shall not exceed 50 feet above the level of the abutting public right-of-way.
(a) The electronic changeable copy billboard structure may have sign faces placed back to back or in a V-shaped configuration.
(b) An electronic changeable copy billboard face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(c) The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 mph wind load.
(d) The entire base of the electronic changeable copy billboard structure 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.
(e) Landscaping shall be maintained by the electronic changeable copy billboard owner in an attractive and healthy manner in accordance with accepted conservation practices.
(f) Permanent landscaping shall form a base and/or backdrop to the electronic changeable copy billboard when practical in the opinion of the Zoning Officer.
(g) No bare earth cuts are permitted on a hillside.
(h) All earth cuts or fills are to be permanently seeded or planted.
(7) No electronic changeable copy billboard shall be mounted, affixed or attached to any vehicle, motor vehicle or trailer operated, maneuvered or towed on or upon any street, avenue, alley, road or right-of-way with the borough. This prohibition shall include vehicles, motor vehicles or trailers designed, built or used specifically for and as mobile electronic changeable copy billboards.
(8) Existing conforming billboards may be converted to accommodate electronic changeable copy billboards subject to the provisions of this chapter. The conversion of any existing conforming billboard shall require a permit issued by the Zoning Officer.
(9) Permitting: all electronic changeable copy billboards, including the conversion of any existing conforming billboard to digital technology, shall require permits as follows.
(a) Application for a building permit shall be made to the Zoning Officer, and shall be accompanied by such drawings, plans, specifications and engineering designs as may be necessary to fully advise and acquaint borough personnel with the proposed sign and sign location. The application shall be accompanied with the deed, lease or other agreement by which the applicant has the right to erect, use or maintain the proposed sign at the stated location. Further, said application shall contain the following information: distance from proposed sign to closest billboard on the same side of the street and on the opposite side of the street; distance from proposed sign to closest electronic changeable copy billboard on the same side of the street and on the opposite side of the street; distance from proposed sign to closest residentially zoned (see §§ 155.035 through 155.039) property; location of all other electronic changeable copy billboards within a radius of one mile of the proposed location; and written certification from the sign manufacturer certifying that the light intensity of the sign has been preset to remain constant as established by this chapter, and that the preset intensity level is protected from end user manipulation by password protected software or other approved method.
(b) The permit shall become null and void unless construction of the sign has been substantially completed within five months from the date on which the permit was issued. In the event a permit becomes null and void after the expiration of five months, the permittee shall be required to reapply for a permit for that site and pay another permit application fee. If, however, the permittee provides evidence that good cause prevented substantial commencement with the five months, and such evidence is accepted by the Zoning Officer, then said permit may be extended one time for an additional three months.
(c) A permit application fee as set from time to time by the Borough Council shall be paid by each person or corporation seeking a permit under this section. This fee shall be in addition to, and not in lieu of, any other fees or licenses required.
(10) Nonconforming billboards may not be converted to electronic changeable copy billboard.
(11) For each electronic changeable copy billboard erected or for each conversion of a conforming billboard to an electronic changeable copy billboard, the applicant must remove four of its nonconforming billboards within six months of the issuance of the permit for said electronic changeable copy billboard.
(12) Maintenance.
(a) Any electronic changeable copy billboard that malfunctions, fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or any similar effects, shall be restored to its normal operation conforming to the requirements of this chapter within 24 hours.
(b) Every ten years, the owner of the electronic changeable copy billboard shall have a structural inspection made of the electronic changeable copy billboard by an engineer or an architect and shall provide to the borough a certificate from the engineer or architect certifying that the electronic changeable copy billboard is structurally sound.
(c) Annual inspections of the electronic changeable copy billboard shall be conducted by the borough to determine compliance with the provisions of this chapter.
(d) Electronic changeable copy billboard found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the borough. Failure to comply shall be a violation of this chapter.
(Ord. 1089, passed 5-19-2014) Penalty, see § 10.99