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DRAFT 3-31-08

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; 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 Remove 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. Temporary signs within the public right-of-way.

  1. Temporary sign, definition. For purposes of this section, a temporary sign is one which promotes a sporadically scheduled event, such as an election or candidates for that election, a fair, a social event, a garage sale and the like, which is in place no more than 45 calendar daysprior to or more than two days following the event, and which does not exceed six square feet in size. A "temporary sign" shall not include an artisan sign, a real estate sign or any other temporary sign which might be permitted to be erected on private property under Chapter 155 of this Code, but which does not promote a sporadically scheduled event.
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  1. Placement of temporary signs. No temporary 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 18 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.

 

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:

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PERSONAL INTEREST SIGN -- Any announcement, declaration, demonstration, display illustration 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.

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TEMPORARY SIGN -- A personal interest sign, display 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, including decorative displays for holidays or public demonstrations. 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.

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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 or private road, except for a governmental sign, and except for those temporary signs authorized by Chapter 133.

  1. Governmental signs, as herein defined.
  2. Real estate and development signs, subject to height, area and number requirements as set forth in this article.
  3. Reserved
  4. Directional and instructional signs, including those designating points of ingress and egress, which do not exceed six square feet for each sign face or a maximum height of five feet above existing grade.
  5. Reserved
  6. "No Trespassing" or similar on-premises signs, provided that no sign shall exceed one square foot in sign area or be placed at intervals of less than 150 feet.
  7. Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other non-combustible materials.
  8. Interior signs.
  9. Public service signs which shall not exceed six square feet in sign area.
  10. 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 residence districts.

The following types of signs, and no others, shall be permitted within residence districts, except as provided for otherwise within this chapter:

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  1. Temporary sign or personal interest sign not exceeding 25 square feet on any sign face.

 

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.