(1) Locations permitted.
(a) Off-premises signs are permitted in the following locations:
[1] Expressway Transitional (ET) Zone.
(2) Requirements.
(a) An off-premises sign may be erected on a lot, provided:
[1] Location relative to road network. Off-premises signs shall be located no more than 200 linear feet from the edge of right-of-way of a controlled access, divided interstate or United States highway.
[2] Right-of-way. No portion of an off-premises sign shall be located in any vehicular right-of-way.
[3] Line of sight. No off-premises sign shall obstruct the line of sight within any vehicular right-of-way.
[4] Orientation. Off-premises signs shall be oriented roughly perpendicular to the flow of traffic of the adjacent controlled access, divided interstate or United States highway, so that the sign face is directed towards oncoming traffic on these roads.
[5] Historic resources. No off-premises sign shall be visible from any local, state and/or federal historic district, local, state and/or federal scenic by way, or any resource listed on the National Register of Historic Places.
[6] Residential structures. No off-premises sign shall be within 300 feet of a residential structure.
[7] Structural support. Off-premises signs shall be freestanding and not connected to other structures.
[8] Landscaping.
[a] Landscaping shall be provided at the base of all off-premises signs. Trees and shrubbery, including evergreen and flowering trees, of sufficient size and quantity shall be used to achieve the purpose of this section.
[b] Trees four inches or greater in diameter removed for construction of the sign shall be replaced on-site at a ratio of one replacement tree for each removed tree using native species no less than three inches in diameter.
[9] Lot size. No off-premises sign shall be located on lots smaller than one acre (43,560 square feet).
[10] Lot frontage. No off-premises sign shall be located on a lot with less than 400 feet of frontage that is adjacent to a limited access, divided highway.
[11] Pedestrians and utilities. No off-premises sign shall obstruct the flow of pedestrians on sidewalks or trails, or the safe operation of utilities.
[12] Number of signs. No more than one off-premises sign shall be permitted on a single lot.
[13] Sign faces. No off-premises signs shall have more than two faces.
[14] Structural soundness. Any applicant proposing an off-premises sign shall submit documentation from a Pennsylvania-registered professional engineer certifying that the proposed installation will be structurally sound, considering factors such as wind and other loads associated with the off-premises sign location. In addition, signs shall only be built where ground conditions are suitable for this form of development.
[15] Application/plan requirements. Plans submitted for off-premises advertising signs shall show the following:
[a] The location of the proposed sign on the lot with the required sign setbacks from the property line and ultimate right-of-way.
[b] The location and species of existing trees.
[c] The distance to the nearest existing off-premises advertising sign.
[d] The distance to the nearest right-of-way, property line, building, structure, on-premises sign, off-premises sign, intersection, interchange, safety rest area, bridge, residential district, or institutional use, sewer rights-of-way, and water, electric or petroleum pipelines.
[e] Site plan containing all of the applicable requirements set forth in the City of Easton Zoning Code, as amended.
[f] Certification under the seal by a licensed engineer that the off-premises sign, as proposed, is designed in accordance with all federal, state, and local laws, codes, and professional standards.
[16] Sign standards. All off-premises signs shall also meet the requirements for freestanding signs, per Subsection F(6).
[17] Environmental hazards. No off-premises sign shall be erected within the FEMA-defined 100- or 500-year floodplain, NWI-defined wetland, or upon slopes greater than 25%.
[18] Other governing bodies. All off-premises signs shall conform to any regulations and permitting set forth by the state and/or federal government, in addition to any and all requirements of the City of Easton.
[19] Digital display signs. All digital and transitioning signs shall conform to the following:
[a] All regulations regarding off-premises signs.
[b] Each sign may display only a series of still images, each of which is displayed for at least eight seconds.
[c] Still images displayed on signs may not move or present the appearance of motion and may not use flashing, scrolling, twirling, twinkling, oscillating, rotating, scintillating, blinking, or traveling lights or any other means not providing constant illumination.
[d] Any portion of a message or still image must have a minimum duration (hold time) of eight seconds and must be a static display. Messages may change immediately or fade in and out only.
[e] Transition or blank screen time between one still image and the next may not exceed one second. Transitions shall occur simultaneously on the entire sign face.
[f] Illumination and/or intensity of the sign shall be controlled so as to not create glare, hazards or nuisances. Such signs shall have a maximum nits level of 7,000 nits; provided the brightness of the digital sign does not exceed 0.3 footcandle of light above normal ambient light levels.
[g] Signs shall be equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions.
[h] Sign luminance specification shall be determined by a footcandle metering device held at a height of five feet, and aimed towards the sign, from a distance of 175 feet. Metering devices should be at a location perpendicular to the sign center (as seen in plan view) as this angle has the highest luminance. Signs shall have a display that is at least 50% white when luminance is measured. If the difference in luminance is 0.3 footcandle or less, as measured in the aforementioned manner, the sign is in compliance with this requirement.
[i] Audio speakers and/or any form of pyrotechnics are prohibited.
[j] All signs must be equipped with a properly functioning default mechanism that will stop the sign in one position should a malfunction occur.
[k] Upon notification, the sign operators agree to coordinate with City staff to display emergency information critical to the traveling public, such as amber alerts, silver alerts, and other similar alerts issued by authorized sources, as well as information, including, but not limited to, terrorist or military attacks, environmental catastrophes, matters of homeland security, immediate risks to public health or safety, and natural disasters. Emergency messages are to remain in the display's rotation according to the designated issuing agency's protocols.
[l] No existing, nonconforming sign may be converted to a digital sign.
[m] Slat, panel, or blade-twirl-type signs are prohibited.
[20] Lighting. For static display signs, lighting shall be focused directly on the sign face, and designed in a manner to limit excess light from illuminating nonsign areas. Lighting shall not be directed or focused as to shine directly onto adjacent properties or interrupt or create hazardous conditions on roadways.
[21] Owner. All applications for off-premises signs must be signed and submitted by the property owner, in writing, on forms supplied by the City. If the owner/operator of the sign is not the owner of the property upon which a proposed off-premises sign is to be erected, the owner/operator of the sign shall also be a signatory to application documents.
[22] Emergency access. Access shall be provided to the off-premises sign by means of a public street or easement to a public street. All easements shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet and remain sufficiently clear for the passage of emergency vehicles year-round. These conditions must be met prior to the sign's construction and continue until such a time that all sign equipment is removed. An approved emergency management system, such as Knox key accessibility, must be installed and fully operational for all fenced/secured components before installation of any off-premises sign may begin.
[23] Sign is to be operated in such fashion that it does not disorient motorists.
(b) Area and height. One off-premises sign may be erected on a lot, provided:
[1] The maximum area of an off-premises sign face shall be no more than 800 square feet. Off premises signs shall be rectangular in shape, with the area considered to be the smallest rectangle enclosing all display elements of the sign.
[2] No off-premises sign shall exceed the maximum building height of the underlying zoning district.
(c) Construction and maintenance.
[1] All plans for off-premises signs shall be certified by a licensed engineer registered in Pennsylvania.
[2] All off-premises advertising signs shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising, or their successor organizations. All off-premises advertising signs shall be structurally sound and maintained in good condition and in compliance with the Pennsylvania Uniform Construction Code.
[3] Every three years, the owner of the billboard shall have a structural inspection made of the billboard by a licensed engineer registered in Pennsylvania and shall provide to the City of Easton a certificate certifying that the billboard is structurally sound.
(d) Abatement.
[1] Whenever any off-premises sign is erected and/or maintained in violation of this chapter, or of the regulations promulgated under the Code of the City of Easton, the Department of Planning and Zoning shall serve written notice of such violations upon the property owner on which said off-premises sign is located, directing compliance within 30 days of receipt of the notice of violation. In the case where ownership cannot be determined or notice cannot be delivered, the Department of Planning and Codes shall place a violation notice upon the sign and/or sign structure.
[2] After expiration of the time for compliance as stated on the notice of violation, if the violation has not been corrected, the City may itself or by contract remove the offending sign. The costs incurred by the City shall be charged against the person owning such offending sign. If the sign is abandoned, the property owner on whose premises the sign is located shall be responsible for the cost of removal.
[3] If any condition and/or location of an off-premises sign results in an immediate peril to persons or property, the City may require immediate compliance to mitigate harm. If such compliance is not forthcoming, the City may without other notice, in addition to invoking any other sanction or remedial procedure provided, apply with the approval of the City Police to any court with jurisdiction for relief by injunction or restraining order.
(e) Compliance with other City obligations. A permit will not be issued for any off-premises sign if the applicant or owner of the parcel upon which the off-premises sign is to be erected is delinquent paying any taxes, in violation of any law, code, standard, regulation, or similar obligations.