Download Exhibit F - Memorandum - Lower Merion Township

TOWNSHIP OF LOWER MERION
Building & Planning Department
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Douglas S. Cleland, Township Manager
Robert E. Duncan, Director of Building & Planning
Sign Ordinance Amendments
November 5, 2008
I am enclosing a revised draft of the sign ordinance amendments scheduled for discussion by the
Building & Planning Committee on November 12th. The last time the Board reviewed a draft
sign ordinance amendment, they directed staff to come up with an ordinance that was less
complicated and easier for residents and business owners to understand.
It is difficult to draft an ordinance that meets legal standards for being content neutral, allows for
appropriate signage while also attempts to limit sign proliferation without some level of
complexity but the attached draft has been modified to be easier to interpret than previous drafts
of this ordinance. There are still a number of policy questions for the Board to consider before
this ordinance can be scheduled for a public hearing.
In addition to the summary below, I have listed questions and comments in bold and parenthesis
within the draft ordinance where I believe the Board will need to consider policy decisions
regarding sign regulations throughout the Township.
Most of the policy questions relate to the concern about the proliferation of signs, the obligation
to be content neutral, and the need to regulate signs to maintain a certain quality of life
throughout the Township. I have attempted to point out sections of this ordinance that might
have an impact on the number and location of signs, especially when these signs are permitted to
be located in the right of way (ROW).
A summary of the ordinance and the recent amendments are listed below.
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Section 133-2.1 B - The previous draft included two different temporary sign definitions.
One definition was for signs within the ROW and the second was for signs outside the
ROW. All signs in the ROW, except governmental signs, shall be limited to 45 days prior
to the event and two days after the event. This applies to political signs, garage sale
signs, social event signs, etc. This treats all ROW signs the same, regardless of sign
content.
There are two alternatives for signs within the ROW. The second alternative permits
many more signs, including commercial signs in the ROW. Staff recommends the first
alternative to avoid a proliferation of signs in the ROW.
Section 133-2.1 D – The ROW sign regulations must exclude governmental signs to
allow for the proper placement of permanent traffic and pedestrian safety signs.
Section 155-92, Definitions – This section amends sign related definitions in the zoning
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code. A new Personal Interest Sign definition has been added to replace the previously
sign regulations. This definition is now content neutral. The Political Sign definition is
deleted since political signs are now included under the definition of Personal Interest
Signs. The Temporary Sign definition is also amended to change the length of time a
temporary sign may remain from 20 days to 45 days. The amended definition also
provides better clarity by describing the make up of a temporary sign.
Section 155-93.1, Exempt signs – This section applies to signs that are exempt from the
requirement to obtain a permit. When an exempt sign can’t be seen from the ROW due
to obstructions, this section would permit the sign to be placed in the ROW. Now that we
clarified the type of signs that we will permit in the ROW, this provision would permit
real estate and development signs in the ROW on lots where an obstruction prohibits the
sign from being seen from the street. This could result in sign clutter along the roadways
throughout the Township.
Section 155-93.2 D and E – This section clarifies the regulations for real estate and
development signs.
Section 155-93.2 G – This section establishes a 25 square foot size limit for temporary
signs other than real estate and development signs. This section also includes an
alternative that allows the Board to consider limits between 12 and 25 square feet.
Should temporary signs be permitted to be 25 square feet or something smaller, between
12 and 25 square feet? Should the Board also consider a range between 6 square feet and
25 square feet?
I am enclosing a copy of the draft sign ordinance with this memo. If you or any Board members
have any questions about these sign provisions prior to the November 12th B&P Committee
meeting, please give me a call.
AN ORDINANCE
NO. ___________
AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter
133, Streets And Sidewalks, To Define A “Temporary Sign” And To Increase The
Period Of Time A Temporary Sign May Remain In The Public Right Of Way; To
Permit Temporary Signs Within A Public Right Of Way To Be Placed Within Twelve
Inches Of The Curbline; And To Amend Chapter 155, Zoning, Article XIX, Signs, To
Define a “Temporary Sign” and “Personal Interest Sign”; To Remove The Definitions
Of “Artisan Sign” And “Political Sign”; To Amend The Time Restrictions With
Respect To The Display Of Certain Temporary Signs; To Exempt Certain Temporary
Signs From Requiring A Permit Fee Where They Remain Erected For A Period Of
Less Than Forty-Five Days And Are Less Than Six Square Feet In Area; And To
Allow Temporary Signs In Residence Districts.
The Board of Commissioners of the Township of Lower Merion hereby ordains:
Section 1. The Code of the Township of Lower Merion, Chapter 133, entitled Streets and
Sidewalks, Article I, § 133-2.1, Temporary Signs Within The Right Of Way, subsection B,
Temporary sign, definition, and subsection D, Placement of temporary signs, shall be amended
to provide as follows:
§ 133-2.1. Signs within the public right-of-way.
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B.
A sign is permitted within the right of way provided that it
promotes a sporadically scheduled event, such as an election or candidates
for that election, a fair, a social event, a garage sale or the like, and
provided that it is in place no more than 45 calendar days prior to or more
than two days following the event, and provided that it does not exceed six
square feet in size. an
or alternatively
B.
Signs permitted in the right of way. A personal interest sign,
display sign, banner, advertising device (This could permit commercial
signs, and contractor and development signs), or insignia, constructed of
cloth, canvas, fabric or other light temporary material, with or without a
structural frame, intended for a limited period of display, which is in place
no more than 45 calendar days and which does not exceed six square feet in
size. Any advertisement contained on the sign may pertain only to an
activity being conducted on or within the premises on which the sign is
erected or maintained, except with respect to signs of a civic, political or
religious nature. (This option permits many more signs in the right of
way and may not be appropriate)
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D.
Placement of signs. No sign, other than a Governmental sign, may
be erected in the public right-of-way in violation of the following:
(1)
Which would interfere with a motorist's view of vehicular
or pedestrian traffic, traffic signs, street signs or street numbers.
(2)
Any part of which is within 12 inches of a curbline.
(3)
In front of one's property unless the permission of that
property owner is first obtained.
(4)
Which is on a traffic island not for the use of motor
vehicles or on any other area between lanes of traffic.
(5)
On public property or in the right-of-way in front of public
property.
(6)
Which is attached to a permanent pole or structure within
the right-of-way or which would constitute an obstruction to those
using the right-of-way, including a public sidewalk.
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Section 2. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning,
Article XIX, Signs, § 155-92. Definitions, the definition of Temporary Sign, shall be amended
to provide as follows:
DECORATIVE DISPLAY – A symbol or figure or grouping of symbols or figures of a
termporary nature intended as a display illustration associated with a holiday or other
celebratory cause occurring seasonally.
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PERSONAL INTEREST SIGN -- Any announcement, declaration, demonstration, or
insignia used to advertise or promote the interests of any person when the same is placed
out of doors in view of the general public. (This could include a real estate or
development sign and would be permitted in the right of way if alternative B above
is adopted)
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TEMPORARY SIGN -- Any sign erected for a period of time not to exceed 45 days in
any three-hundred-sixty-five-day period unless otherwise specified in this Article. A
personal interest sign, banner, advertising device, or insignia, constructed of cloth,
canvas, fabric or other light temporary material, with or without a structural frame,
intended for a limited period of display. Any advertisement contained on the sign may
pertain only to an activity being conducted on or within the premises on which the sign is
erected or maintained.
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Section 3. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning,
Article XIX, Signs, § 155-93.1, Exempt signs, shall be amended to provide as follows:
§ 155-93.1. Exempt signs.
The following signs shall be allowed without a sign permit and shall not be
included in the determination of the type, number or area of permanent signs
allowed within a zoning district. However, no exempt signs may be located within
or project into the right-of-way of any public road, except for a governmental sign,
except for those signs authorized by Chapter 133.Exempt signs, other than
decorative displays, which could not otherwise be viewed from the public right of
way by reason of an obstruction are permitted within the right of way. However,
an exempt sign shall be placed as close as possible to the right of way where it can
be seen and shall be subject to Section 133-2.1. (The previous two sentances
may not be necessary now that we have clarified what type of signs are
permitted in the right of way.)
A.
Governmental signs, as herein defined.
B.
Real estate and development signs, subject to height, area and number
requirements as set forth in this article. (Do we want these in the right of way?
With the clause above, they would be permitted in the right of way in front of
many properties if they don’t exceed 6 square feet.)
C.
Decorative displays.
D.
Directional and instructional signs, including those designating points of
ingress and egress, which do not exceed four square feet for each sign face or a
maximum height of five feet above existing grade.
E.
Reserved
F.
"No Trespassing" or similar on-premises warning signs, provided that no,
sign shall exceed one square foot in sign area or be placed at intervals of less than
150 feet.
G.
Memorial signs or tablets, names of buildings and dates of erection when
cut into any masonry surface or when constructed of bronze or other noncombustible materials.
H.
Interior signs.
I.
Public service signs which do not exceed six square feet in sign area.
J.
Temporary signs which do not exceed six square feet in sign area..
Section 4. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning,
Article XIX, Signs, § 155-93.2, Signs in residence districts, shall be amended by the addition of
a new subsection G, to provide as follows:
§ 155-93.2. Signs in R-AA through R-7 residence districts.
The following types of signs, and no others, shall be permitted within residence districts,
except as provided for otherwise within this chapter:
D.
Personal interest signs advertising real estate , provided that:
(1)
The area of any sign shall not exceed six square feet for each
exposed face. Freestanding signs shall not exceed a height of five feet
from existing grade.
(2)
Signs may be lighted by indirect lighting only. Illuminated signs
are prohibited.
(3)
No more than one sign shall be placed on a premises held in single
and separate ownership, unless such premises fronts on more than one
street, in which case one sign shall be permitted for each street frontage.
(4)
A maximum of two off-site directional signs designating an open
house shall be permitted which shall contain only directional information
and the name of the real estate agent or individual holding the open house.
Signs shall be erected and removed on the day of the open house and not
be located to obstruct pedestrian or vehicular traffic or be attached to a
utility pole, off-street building, tree or other natural feature.
(5)
The sign shall be removed upon the transfer of the property.
E.
Development signs, provided that:
(1)
The size of any sign shall not exceed 20 square feet in area nor a
height of 10 feet above existing grade. All such signs over eight square
feet shall be set back a minimum of 10 feet from the right-of-way.
(2)
No more than one sign shall be erected for each 500 feet of street
frontage.
(3)
Signs shall be nonilluminated.
(4)
No sign shall be erected until final approval of the development by
the Board of Commissioners and shall be removed upon completion of
active work. Active work shall be interpreted by the Director of Building
and Planning.
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G.
Temporary sign not exceeding 25 square feet on any sign
face, except for a decorative display.
or alternatively the Board will choose a limitation on the size of a temporary sign
between 12 square feet and 25 square feet. (Should this be as low as 6 sq ft? Do
we want real estate and development signs this large?)
H.
Decorative display.
Section 5. Nothing in this Ordinance or in Chapters 133 or 155 of the Code of the
Township of Lower Merion, as hereby amended, shall be construed to affect any suit or
proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any
cause or causes of action existing under the said Chapters 133 or 155 prior to the adoption of this
amendment.
Section 6. The provisions of this Ordinance are severable, and if any section, sentence,
clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of
competent jurisdiction, such decision of this court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the
intent of the Board that this ordinance would have been adopted if such illegal, invalid, or
unconstitutional section, sentence, clause, part, or provision had not been included herein.
Section 7. This Ordinance shall take effect and be in force from and after its approval as
required by law.
Approved by the Board this
day of
, 2009.
BOARD OF COMMISSIONERS OF THE
TOWNSHIP OF LOWER MERION
______________________________
Bruce D. Reed, President
ATTEST:
__________________________________
Eileen R. Trainer, Secretary
lm\ord\zoning\signs
5.28.08