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HomeMy WebLinkAbout98-01317 ~ ~ o ~ ~ ~ .~ "0( ~ ~ ~ ~ ). ~ \) 0 II) ."1 ~ ; ~ ~ ~!L ~v1 / / / I (' ~ ~ ~ ~ .... ~ l--I , .....1 I'f)! .......i I I 0..1 '\)-. ~ <@ LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE BOARD OF SUPERVISORS OF MIDDLESEX TOWNSHIP, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tJ~-/3/1 tuJdulVl MIDDLESEX TOWNSHIP ZONING HEARING BOARD, Appellee LAND USE APPEAL NOTICE OF LAND USE APPEAL Appellant, the Board of supervisors of Middlesex Township, by its Solicitors, Snelbaker, Brenneman & Spare, P. C., files this Land Use Appeal from a decision of the Middlesex Township zoning Hearing Board pursuant to section 1002-A of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 as amended, 53 P.S. S 11002-A, and in support thereof states the following: 1. Appellant is the Board of supervisors of Middlesex Township, the governing body of Middlesex Township, a township of the second class, located in Cumberland county, Pennsylvania, with an office at 350 North Middlesex Road, Carlisle, Pennsylvania. 2. Appellee is the Middlesex Township zoning Hearing Board a quasi-jUdicial administrative body of the TownShip of Middlesex with an office located at 350 North Middlesex Road, Carlisle, Pennsylvania. 3. Sun Company, Inc. (hereinafter "Applicant") is a business corporation and current lessor of a premises owned by LAW OFFICES SNELDAKER. BRENNEMAN 8: SPARE the Sunday Trust located at 1156 Harrisburg Pike, Carlisle, Middlesex Township, Cumberland County, Pennsylvania (the "premises"). 4. On or about July 24, 1997 Applicant submitted an application for a sign permit to erect a sign on an existing 80 feet high ground pole structure on the premises in accordance with certain drawings submitted with the application. 5. On July 24, 1997 the Middlesex Township zoning Officer denied Sun Company, Inc.'s application for a sign permit to erect the proposed sign. 6. On July 25, 1997 Applicant submitted an Application For Hearing before the Middlesex Township Zoning Hearing Board appealing the Zoning Officer's denial of the sign permit application and challenging the substantive validity and interpretation of the applicable Zoning Ordinance. 7. On September 19, 1997 a hearing on Applicant's appeal of the Zoning Officer's denial of the sign permit application was held before Appellee. 8. On February 11, 1998 Appellee issued a written decision granting the appeal of the Applicant and reversing the determination of the Zoning Officer. A true and correct copy of the aforementioned written decision dated February 11, 1998 is attached hereto and incorporated by reference herein as "Exhibit A". -2- , LAW OFFiCeS SNELDAKER, BRENNEMAN lk SPARE 9. The Appellee's decision entered February 11, 1998 was arbitrary and capricious, an abuse of discretion, not supported by substantial evidence and contrary to the law for the following reasons, among others: (a) by concluding that the nonconforming sign structure was neither abandoned nor obsolete; (b) by concluding that the sign face or sign board is distinct from the structure to which it is attached; (c) by finding there was no evidence that the owners or lessors of the sign structure intended to abandon the sign structure; (d) by conclUding that the Appellant failed to prove abandonment of the sign structure; (el' by concluding that the definition of "sign" contained in the Middlesex Township Zoning Ordinance is ambiguous in effect and as applied by the Township Zoning Officer. (f) by concluding that the Zoning Officer's interpretation of the Zoning Ordinance was arbitrary and confiscatory; (g) by finding that the owner of the premises made ongoing efforts to lease the premises while the premises remained vacant; and (h) by failing to properly interpret and apply provisions of the Middlesex Township Zoning ordinance, including Section 14.16. WHEREFORE, Appellant requests this Court to reverse the decision of the Middlesex Township Zoning Hearing Board dated February 11, 1998 and affirm the decision of the Township Zoning Officer denying Sun Company, Inc.'s application for a sign -3- .~ 1-", CONCLUSIONS: 1. Any man made object having a stationary location is defined by the Zoning Ordinance as a "structure". Middlesex Zoning Ordinance Art. 11-22 2. The sign structure in question therefore constitutes a " non-conforming structure " as defined by the zoning ordinance for the reason that it pre-dates operative ordinance restrictions. Middlesex Zoning Ordinance No. 3-89, Art. 11-16 3. The non-conforMing sign structure on the subject property also constitutes an " advertising structure" and a "ground pole sign" as defined respectively by the Zoning Ordinance. Middlesex Zoning Ordinance Art. 11-2 & 11-20 4. The sign structure in question may also fall within the broad definition of the term "sign" which includes "any structure" used to advertise. It is clear however that the sign board does the actual advertising and that sign content can be removed changed and altered without affecting the underlying support structure. Therefore, the Board concludes that the structure is separate and distinct from the sign board which does the actual advertising. Middlesex Zoning Ordinance Art. 11-19 5. The Zoning Ordinance contains a separate and distinct definition of "advertisement" as a use or activity. Middlesex Zoning Ordinance Art.II- 2 6. Although the Board previously found that the "Gulf" message sign affixed to the sign structure was obsolete, there was no evidence indicating that the owners or lessors of the sign structure intended to abandon the sign structure. Nor does the fact that the sign message was obsolete as to its content fairly imply that the entire sign structure was obsolete. The Board therefore concludes that the nonconforming sign structure was neither abandoned nor obsolete as would require its removal. Middlesex Zoning Ordinance # 14.16 A,2,g; #14.1G D; 14.16 F 7. The Board has examined legal authorities on the issue of abandonment and concludes that the mere vacancy of the former Gulf station, and the resultant obsolescence of the Gulf sign as an advertising use cannot be deemed to I . , constitute abandonment of the entire structure in the absence of evidence of an overt act or intent to abandon. (see California V ZHB, 510 A2d 931, 1986; Sullivan v. ZHB, 478 A2d 912, 1984; KornQo1d v. ZHB, 606 A2d 1276, 1992 Accordingly, the Board concludes that abandonment of the sign structure was not proven by the Township. Middlesex Zoning Ordinance '14.16 D 8. The ordinance definition of "sign" is ambiguous in effect and as applied by the Zoning Officer in that the provision for "abandoned signs"('14.16 D) does not specify whether it applies merely to the sign message or the entire structure. Further, said provisions are in apparent conflict with the status of the sign structure as ,_ _____ ___ a nonconforming structure presumably accorded protection on that basis. ( conclusions 1,2 supra) , The property owner is entitled to the least restrictive and favorable interpretation of such sweeping ambiguous ordinance provisions. The ordinance sign provisions as interpreted by the Zoning Officer are such that a mere change in the sign face or message ie. from one brand to another, might constitute an abandonment. This Board concludes that such interpretation is arbitrary and confiscatory and as to the sign structure in question results in the unwarranted shooting of the proverbial messenger for being the bearer of obsolete news. DECISION: Based upon the foregoing findings and conclusions, the determination and enforcement notice of the Zoning Officer is hereby reversed and the Appeal of Sun Company granted. ~L/~ Date Mailed MIDDLESEX TOWNSHIP ZONING HEARING OARD, Ke tIk..~J_ airperlion ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARING BOARD MAY APPEAL TO THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY. THE APPEAL MUST BE FILED WITHIN 30 DAYS FROM THE DATE OF THIS DECISION. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Land Use Appeal to be served upon the person and in the anner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Edward W. Harker, Esquire One West High Street Carlisle, PA 17013 Solicitor, Middlesex Township Zoning Hearing Board Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Attorney for Sun Company, Inc. LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitors for Middlesex Township Board of Supervisors Date: March 11, 1998 '"' ~~ rt CA c' .Cl C1 ~ ~, ~-.~ ;....1 Ck, ' \ - II ''t- .'-: , ;1.: :~ .! , \ ~ '...}\ " . >/J ." ~, ~. V\ V\ ill ~ 'b ~ " C) t.AJ , : . : ~-~ ~ ~' ~ ;',': , , " '~'J "J .,1,.1 ~ " ~_'IITI C) , -:; '0 " ~~~ ::1 -,) ~'J . II' \~ ~~ " .~ (") , \0 0 ~ Q) .." -oS': ::J: :i! C!;!OJ > t,,, ~{;-i2 ::0 '-I1~ ,..c:: -0 ' ~f.I.5- CD ?3 ~... ~O -0 i!i3:l d;C; =r. ':.:;:!Cl -)~ .:1>C: ~) 6' z en 'b! :';! 0 ~ 0 en 0 c= CO -11 ~ :no '1J "T.1C1.' "0 i,i:n r<1,-;,; ::0 ..,1Tj 2::1:1 N ;>:C" 'llS? OJ.:.= '., 2C: :J! ?;j(? 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It:' :h. P'ODOU~ 11U .':"lJy lu r~c:ui'~d, ATTACHMENT TO SECTION III OF APPLICATION TO ZONING HEARING BOARD OF MIDDLESEX TOWNSHIP IN RE: APPEAL OF SUN CO., INC. AND NOW, comes Appellant, Sun Co" Inc, and files the following substantive challenge to the validity of the Middlesex Township Zoning Ordinance (hereinafter "Ordinance"). pursuant to Sections 909,1 (a)(1) and 916,1(a)(1) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC") and Sections 18,05 and 18,10 of the Ordinance, and appeals from the denial by the Middlesex Township Zoning Officer of the Appellant's application for the erection of certain sign, pursuant to MPC Section 909,1 (a)(3) and Ordinance Section 18.05(A)(3), and In support thereof states the following: 1, Sun Co" Inc, Is the lessee of property owned by the PaulO, Sunday Estate, located at 1156 Harrisburg Pike within Middlesex Township (hereinafter "Property") , 2. On or about March 3, 1997, the PaulO. Sunday Estate received an Enforcement Notice dated February 27, 1997, which was issued by the Middlesex Township Zoning Officer, relative to several nonconforming signs located on the Property. 3, In the Enforcement Notice, the Zoning Officer cites several sections of the Ordinance relative to the signs and alleges that the signs are "Obsolete signs" and "Abandoned Signs" under the Ordinance and demands that the signs be removed, 4, On July 24. 1997 Appellant filed two applications for the erection of a total of five Sunoco signs at its leased property at 1156 Harrisburg Pike, Carlisle, Pennsylvania, These signs, having a total square footage of 578,04 square feet and replace existing Gulf signs having a total square footage of 615,32 square feet. One application, for four of the requested signs, received permits from the Zoning Officer, This appeal concems an application for the high rise sign, for which a permit was denied by the Zoning Officer 5. Flied with this Application and made a part of this Application For Hearing Before The Zoning Hearing Board is a two page sign plan prepared by TechExpress which is incorporated herein by reference thereto as if fully set forth herein (the "Plans"). The first page of the said Plans is titled "Signage Plan Proposed Improvements" and is Drawing No. S-1. The second page of the said Plans is titled "Miscellaneous Details & Elevations Proposed Improvements" and is Drawing No. M- 1. The Plans erroneously refer to the location of the premises as 1156 Carlisle Pike Instead of 1156 Harrisburg Pike, Page 1 . , . i , ..............,. . '. , .. Board 01 Supervisors Robert M, Eppley Oa/e M. McLane Joseph V, Capuano 350 N, MIDDLESEX ROAD CARLISLE, PA 17013 , 249.4409 Municipal SKtllary G.;/ J'M/k ). GAS ol.INIO ~7'A- T10A.) .!t-r /1st;, #1It:>~'Sf1"L>/1 ^L, /I). I II. '~ "'''11 r,rq I ~ ,'sit! "" ( APPLlr:ATION F'OR SII3N PERMIT CSEI:nON 14.16 ZONING ORDINANCE 3-91) ~. " APPLICANT: -"'~M' a/,.,~~ '7"':.1",_ PHONE NO. 6/& -.,2,6$'-/5'7.< % /Y/~ !':.~~7"- L 1r/J;I/ ADDRESS: J.tJt5' ..P~N-:? ....ux~ ;:P~tr~.PAoj ,!PAl- /:r..:i'~- NAME AND ADDRESS OF' PERSONCS) ERECTING SIGN: 1Y Ih:;~ (h../ .4>~-/ ~'h):,"'yL,4, .6~ )-~~/?'~--d SITE PLAN: SHOW LOCATION OF' EUILDINI3, STRUCTURE OR LOT WHEl'1E SIGN IS EEINr3 ERECTED, SHOW D!STANC:ES F'ROM SIGN TO NEAP.EY EUILDINGS AND THROUI;HF'ARES. SIGN INF'ORMATION: AITAI:H PLAN, DRAWN TO SCALE SHOWING DESIGN. STATE MATERIALS TO BE USED,COLORS, LIGHTING, LETTERING, METHOD OF' CONSTRUCTION AND MEANS OF' ATTACHMENT.- 0, tF' PROPERTY OWNER OF' LAND ON ~IH!CH SII3N IS TO BE ERE(:TED, ALTERED OR RELOCATED, IS OTHER THAN THE APPLICANT, PROVIDE OWNER'S NAME, ADDRESS, , PHONE, AND, PROPERTY OIoJNERS WR ITTEN CONSENT. APPLICATION/PERMIT F'E=: S 35.01) DATE OF' APPLII:ATION 7 ~? AF'PROVEDePISAF'PROVE"iD ~E: - DEJJIAL UZ:TT~ ZONU/130F'FICER rn-.A S9,~ ~~) Dl\7@ 7-2.'(-q7 rbre. ~. -x?,':rt!?- .5J7'''' /W' .fh~~oN' t:W ?~7? -:fz."<9......~."". jJ/~A ~;W.$"'W" /~o/"M.""'''-~/~ ,/ ~~.Pht7- ~, S'-I/ ;,fL,de/ /!-.5 ..:rA.~ P".r M;.f~6'/ke<1"u..::;' ....D~';G- ~ ..ek.vd~.:r ;:J."'1P~ .:z:7x/,/U7P,{)"""JfW~ "~/~ /I",. ???_/ (d~/ 7/.>'1'9'7) l/-'7/-l"I--ch",-! h~~ - (fACot: ( OF 2) ..'-- ';... I......,t' '"----'" ", F-- D ItftRh:r~- I_Y3-- I c)rJ ZONING ORDINANCE " MIDDLESEX TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ~, - ,- -.--..+.'"____~_._n_______ ORDINANCE NO. 3-89 I " l L " I I .' , ,~ ,I " i I \ r, , . Price - $15.00 Per Copy Prepared 8y: .. ..'. . '.' , .... '" -'. ". . '. ,,,.:. ,. ; ,'j :.'.1: ..: .,1 , "" :';':,'.";<", '{; :' I: .. I . . ~ , ' d' :' , ' , "......,-..._,:".._.....1. BUCHART-HORN, INC. Consulting Engineers and p)anners , Yor'k, PA 17405 ,. ' I - i I 1 I ! SECTION 2.03 - TERMS DEFINED For the purpose of this Ordinance, the following tet:ms shall have the meanings set forth belowl Accessorv use or structure: A use or structure clearly incidental or subordinate to the principal use of a bUilding on the same lot and ser'ving a purpose customarily incidental to the use of the principal bUilding or land use. Addition: Any construction which increases the size of a bUilding or adds to a bUilding. Advertisement: The outdoor display of any writing, printing, picture, painting, emblem, drawing, sign or similar device intended to invite or draw the attention of the public to any goods, merchandise" property, business, service, entertainment, amusement or industrial activity or estab li shment. Advertisino Structure: Any rigid or semi-rigid material with or without advertisement displayed thereon situated upon or attached to or which is part of real property for the purpose of furnishing a background, base surface or support upon which an advertisement may be posted or displayed outdoors. Aoriculture: The use of land for agricultural purposes, including farming, dairYing, pasturage, agriculture, horticulture, floriculture, Viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the principal agricultural activities. Alteration: Construction which may change the structural parts, mechanical equipment or location of openings of a building but which does not increase the size of the bUilding. ADartment: A living unit in a mUltiple dwelling structure. ADartment Conversion: Creation of two or more new 1 iving linits by conversion of an existing structu.re. ADDlicant: A landowner or developer (or his agent) who has. filed an application for any permit required by This Ordi!lance or an application for site development plan review, use by special exception or a variance as allowed by this Ordinance, including his heirs, successors and assigns. " II-2 fJlblic Notice: Notice publ ished once each week for two (2) successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be cons idered at the heari ng. The fi rst publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing, , Radioactive Material: Any natural or artificially produced substance which emits radiation spontaneously. Reaulatorv Flood Elevation: The 100-year flood elevation plus a freeboard safety factor of one and one-half (1.5) feet, Renewable Enerov Source: Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes. Riaht-of-wav: The total width of any land reserved or dedicated as a street, road, or other public or semi-public purposes. Roadwav: Same as "Cartway" 1YQ!!. Roomina House: Same as "Lodging House" ~. Setback Lines: Same as "Building Lineg" SUDra. \S~~~:) Any stt.l!.cture, device, light or object, including the ground~ 1 or any part thereof, or any device attached thereto, or pa1nteo or represented thereon, which shall be used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which shall display or include any letter, word, model, number, flag, pennant, insignia, device or representation used as an announcement, di recti on or advertisement and which is intended to be seen from off the premises or from a parking lot, and shall be deemed to include signs which are affi~ed to the inside of wi ndows and glass doors and are intended to be seen from roadways or parking lots. Signs, as defined, shall not include the following: (1.) Flags and insignias of any governmental agency or civic, charitable, religious, fraternal, or similar organization. (2.) Legal notices identification, informational, or directional signs erected or required by governmental bodies, 11-19 :A (3.) Signs which are solely devoted to prohibiting trespassing, ~ hunting, or fishing. A ,\ " , Types of signs including the following: Business Sion: A sign which directs attention to a use conducted, product or commodities sold, or service performed upon the premises. Commercial Advertlsino Sion or "Billboard": An advertising sign, structure, or symbol erected and maintained by an individual or corporation upon which space there is displayed by means of pa i nt i ng, post i ng, or other method, advert is i ng copy descri bi ng a wide variety of products or services which are not necessarily made, produced, assembled, stored, or sold from the lot or premises upon which the advertisement is displayed. Ground Pole Sion:' A sign supported vertically by one (1) or more uprights, poles or braces placed in or upon the ground. " Illuminated Sion: A sign that provides artificial light directly or through any transparent or transl ucent material from a source of light connected with such sign, or a sign illuminated by a light focused upon or directed at the surface of the sign. Off-Premises AdvertisinQ Sion: A sign which contains a message unrelated to a business or profession conducted upon the premises where such sign is located or which is unrelated to a commodity, service or entertainment sold or offered upon the premises where such sign is located. Permanent Sion: Any sign which is intended to be displayed for a length of time in excess of sixty (60) days. Pro.iectinQ Sion: A sign which projects horizontally from and is supported by a wall of a building. Roof Si on: Any sign or pa rt thereof erected and ma i nta i ned upon or' above the roof of any building. , Temoorarv Sion: A sign which is displayed out of doors and intended to be displayed for a period of time not to exceed sixty (60) days. Wall Sion:. A sign which is attached directly to or painted upon a buil ding wall and whi ch does not extend hori zonta lly more than twelve inches (12") therefrom nor extend above the roof line. 11-20 .. . ...,~",.... ,. .. :"~ -:- . "/ ~ ." Street Lfne or Street Rfaht-af-wav Lfne: The dfvidfng line between a lot and a street. Structure: Any man-made object havfng an ascertainable stationary location on or 1n land or water, whether or not affixed to the land. Structural Alteration: Any change in the supporting members of a bUilding, such as beams, columns, or girders. Subdivision: The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in eXisting lot 1 ines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: ProVided, however, that the subdivision by lease of land for agricultural purposes into parcels of ' more than ten (10) acres,. not involving any new street or easement of access or any residential dwelling, shall be exempted. Substantiallv ComDleted: Where, fn the Judgement of the Township Engineer, at least ninety percent (based on the cost of the required improvements for which financial security was posted pursuant to the Middlesex Township Subdivision and Land development Ordinance) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended Use. Substantial Imorovement: Any repair, reconstruction. or improvement of a structure, the cost of which equals or exceeds fifty percent of the fair market value of the structure either (a) before the improvement or repair is started or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. Suoervisors: The Middlesex Township Board of Supervisors. Tent: A cOllapsible shelter of canvas or other material. Touri st Home: A dwell ing i.n wh i ch overnight accommodat ions are provi ded or offered for transient guests for compensation. Townshio: The Township of Middlesex, Cumberland County, Commonwealth of PennsYlvania. " II - 22 SECTION 14.15 _ ARTERIAL ROAD AND INTERCHANGE DEVELOPMENT. Proposed uses fronting on Arterial Roads, as designated by the PA Department of Transportation, or located in the vicinity of grade separated highway interchanges, shall be subject to the following requirements: ' A. ~etback. All structures fronting on Arterial Roads or on an approach ramp leading to a grade separated highway interchange shall be set back not less than seventy-five (75) feet from the right-of.- way line of such road or highway. B. Drivewav Access points, All structures fronting on Arterial Roads or approach ramps which lead to a grade separated interchange shall be limited to no more than two (2) driveway access points, except that properties which are 1 ess than two hundred (200) feet wide shall be designed in a manner which will minimize their interference 'with any 'through traffic on the Arterial Road or the approach ramp. Such driveway access points shall not exceed thirty (30) feet in width at any such point and shall not be located nearer than one hundred fi fty (150) feet to one another. '. C. Interchanae Ramo Protection. Indi vidua 1 dri veway access poi nts and intersecting roads on any approach ramp are prohibited for a distance of three hundred (300) feet from the end of any interchange ramp which intersects with the approach ramp. D. Interchanae Develooment. No structure other than directional signs and/or other traffic control signs or devices erected by a governmental body shall be erected within two hundred (200) feet of the rightof-way of any grade separated interchange providing access to any approach ramp. Such area may, however, be used in providing required lot area or yard space. No activity or use shall be establ ished within seventy five (75) feet of any such interchange except as provided above, and the natural vegetation and terrain within said 75 feet shall remain undisturbed. SECTION 14,16. SIGN REGULATIONS, Signs may be erected and maintained only when in compliance with the provisions of this Section and any and all other ordi nances and regulat ions relat i ng to the erection, alteration, or maintenance o~ signs and similar'devices. Zoning permits will be required for the erection, alteration, and maintenance of all Business Identification Signs and Billboards, A. General Reaulations in All Districts, 1. Sians Permitted in All Districts Signs listed ,in this section ar~ permitted in all zoning districts as defined in This Ordinance and shall not require permits (except certain real estate marketing signs as defined hereinbelow) and shall not be counted when calculating the number of signs on a premises; however, such signs shall XIV-ll conform with the general regul ations 'for signs enumerated in the remainder of this Article: (a) (c) Name and Address of Resident - Name and address of resident, but not to include any commercial advertising, of not more than two (2) square feet in sign area. No Trespassing Signs - No trespassing signs or other such signs regulating the Use of a property, such as "No Hunting," "No Fishing," etc" of not more than two (2) square feet in sign area in residential zones, and five (5) square feet in all commercial and industrial distri cts. Real Estate Marketing Signs - Real estate marketing signs are signs which advertise the sale, rental or lease of the "land Upon which, they are located. Such signs shall not exceed six (6) square feet in' area in residential districts and shall not exceed twelve (12) square feet in area in all other zoning districts; however, such signs located on lands in nonresidential zoning districts may exceed the foregoing maximum of twelve (12) square feet but in no event shall any face or side exceed twentY-four (24) square feet in area, provided that the person seeking to erect or construct such larger sign shall comply with the requirements of and payment of fees as proVided hereinbelow. Bulletin Boards for PUblic, Charitable or Religious Institutions . Bulletin boards for publ ic, charitable or religious institutions, when located on the premises thereof and with a sign area of not more than twentY-five (25) square feet if single-faced, nor more than fifty (50) square feet if double-faced, and used exclusively for noncommercial announcements. (b) It ., (d) (e) Signs Regulating On-Premises Traffic, Parking or Other FUnctional Subdivision - Signs regulating on-premises traffic (Examples: "In-Out", "Enter-EXit"), parking or other functional subdivision, such as lavatory facilities; telephone, signs denoting other sections of a premises such as "lubri cat ion", "Offf ce", etc., when 1 ess than fi ve (5) square feet in area and bearing no commercial advertising. Signs Erected by a Governmental Body - Signs erected by a governmental body or under the direction of such a bOdy and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifYing public schools and playgrounds, etc. (f) XIV-12 :.' , , ,;;!:' "'-" ,;...~. 'I':. ,.\ ,', -' '.:,~t: " 1" ':.~!; '.)0" :1 it':" " :,:t ':'t:'" ",. . ,~':;.~!:. ; ".j~~' .~t . :?"l' . \/i~, ~ \i,;' "''ii, :z " d ,! ~; ., ': :~ , " ;, '.' ", ~ l! t , } , ! .. ) I 2. l '~' Memorial Signs or Tablets - Memorial signs or tablets and signs denoting the date of erection of buildings. Flags, Pennants or Insignia of any Government, Religious or Fraternal Organizations, Charitable Organizations - The flag, pennant or insignia of any governmental, or of religious, charitable or fraternal organization which shall be limited to a maximum area of thirty-two (32) square feet and to a height not to exceed the minimum building height in the appropriate zoning district as allowed by This Ordinance. Auctions, Garage or Yard Sales - Such signs shall be limited to a maximum size of five (5) square feet in area and shall be removed as soon as the event or activity advertised thereby has occurred, and shall not be permitted to exist more than fifteen (15) days prior to such event and activity. " (j) Special Events of Charitable or Public Service Groups - Such signs shall be 1 imited to a maximum size of thirty- two (32) square feet in area and shall be removed as soon as the event or activity thereby has occurred and shall not be permitted to exist more than thirty (30) days prior to such event or activity. (i) (k) Permanent Residential Development Signs - Permanent residential development signs at major entrances designed to identify a residential subdivision and containing no commercial advertising shall have a maximum area of twenty-five (25) square feet. (1) Signs Identifying Places of Worship - Signs identifying places of worship, when located on the premises thereof, shall have a maximum area of twenty-five (25) square feet, (m) Decals - Decals affixed to windows or door glass panes are signs. Such decal signs shall not exceed one thousand five hundred (1,500) square inches in the aggregate per premises, and shall be affixed to such pane to a hei~ht not to exceed four feet (4') as measured from the threshold of the principal public entrance. Sions and Other Device~rohibite~1 in All Zonino Districts The following signs and other deViCes....:ihall~ be permitt-'ld.,.--- erected or maintained in any zoning district, notwithstanding anything else to the contrary contained in this part or elsewhere: ' XIV-13 ..~ (a) Signs which incorporate in any manner any flashing 'or moving illumination or with illumination which varies in intensity or which varies in color, and signs which have any visible moving part, visible revolving parts, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical pulsations or by action of normal wind currents. Clocks, hanging signs which move with air currents, time and' temperature signs and barber poles are excepted, provided they otherwise comply with all other provisions of this part. light sources which cast light on signs unless shielded by opaque material so that lamps are not visible from off the property on ,which the signs are located. (c) Any sign or sign structure which constitutes a hazard to pUblic safety or health. ' (b) (d) Signs which by reason of size, location, content, cOloring or manner of illumination, obstruct the vision of drivers, either when leaving a roadway or driveway. or obstruct or detract from the visibil ity or effectiveness of any traffic sign or control device or public streets and roads, (e) Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required bUilding exit. (f) Signs which make use of the words such as "Stop," "look," "One-Way," "Danger," "Yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic. " (g) Any obsolete sign which no longer advertises a bona fide busin.~~ cunducled or product sold. (h) Signs on publ ic property or publ ic rights-of-way, unless erected by a governmental bOdy, or unless required to be so located by order of a governmental bOdy. (i) Signs painted on, attached to, or supported by a tree, stone, cliff, or other natural object, except signs permitted under (I) above, (j) Stri ng 1 ights, other than temporary hol iday decorat ions, which are unshielded from off the property on which they are located. XIV-14 ,: I ; .:' . > ',:,,:. . -, Application of Sun 011 Company,lnc. To Middlesex Township Zoning Hearing Board For Erection of New Sunoco Hlghrlse Size September 17, 1997 Stipulations The Transcripts of the Proceedings of the Middlesex Zoning Hearing Board on May 14, 1997 and June 11, 1997 In connection with the enforcement notice of February 27, 1997 (the "enforcement notice hearing") are incorporated into and made a part of the record of this " proceeding as the testimony of this Hearing. 2, The Exhibits from the en~orcement notice hearing (being A-1-A through A-1-H and A-2-A through A-2-E) are Incorporated Into and made a part of the record of this proceeding as evidence in this Hearing. 1. 3, The Enforcement Notice dated February 27, 1997, the Zoning Application of Sun Company, Inc. dated March 2B, 1997, the Briefs of the Applicant and Township, and the Decision of the Zoning Hearing Board dated June 1B. 1997, all In regard to the enforcement notice hearing. are Incorporated Into and made a part of the record of this proceeding as evidence in this Hearing. 4, The Application for Sign Permit dated July 24, 1997 for the building sign, canopy signs, and price sign, which application was approved by the zoning officer, is Incorporated into and made a part of the record of this proceeding as evidence In this Hearing, 5. The Application for Sign Permit dated July 24. 1997 for the high-rise sign, which application was disapproved by the zoning officer. is incorporated Into and made a part of the record of this proceeding as evidence In this Hearing. 6. The Slgnage Plan Proposed Improvements Drawing No. S-1. and Miscellaneous Details and Elevations Proposed Improvements Drawing No. M-1, both as revised July 22, 1997 and with the handwritten "BO' High" designation on the high rise potion of the Miscellaneous Details supulatlons . Sunoco 9/17/07 Sun Company, Ine, Proposed Stipulations I . , , / 1 ,;....-. plan, are a part of the Application under appeal to the Zoning Hearing Board and are Incorporated Into and made a part of the record of this proceeding as evidence In this Hearing, and are referred to herein as the "Plans," " The July 24. 1997 letter from Mark D. Carpenter, the Township Zoning Officer, to Sun Company, Inc,. setting forth the denial of the application for the Hlghrise sign. is Incorporated into and made a part of the record of this proceeding as evidence In this Hearing, 8. The July 25, 1998 Application for Hearing Before the Zoning Hearing Board setting forth the appeal of Sun Company, Inc. from the decision of the Zoning Officer denying the high rise sign application. together with the two page Attachment to said Application, is Incorporated Into and made a __Jlart of ther:.ecord of this proceeding as evidence in this Hearing, 7, I 9, The number of signs existing on the property on the date of application (July 24, 1997) was six, described in the Plans as one high rise sign, fwo building signs, one price sign, and two column signs. These signs are referred to herein as the "Existing Signs." 10, The Existing Signs are of the size, illumination, color. location and construction as shown on the Plans and are preexisting non-conforming signs too the extent that they are at variance with a current zoning ordinance provision, Including the limitation of the number of signs (Ordinance Section 14.16 A.3.) and limitation of total sign area (Ordinance Section 14.16 A.5.) 11. The existing highrlse Gulf sign is as shown on the Plans and is a preexisting non-conforming sign to the extent that It is at variance with a current zoning ordinance provision, Including the limit on the height of signs (Ordinance Section 14.16 A. 4.), the limit on the single face area for a ground pole sign (Ordinance Section 14.16 B, 3. (c)). and the limit of a single face lineal dimension for a ground pole sign (Ordinance Section 14.16 B. 3. (d)), 12. During the entire period of time since before the Gulf station closed for business on or about October 13,1994 to present. all required lease payments have been made to present, first by Cumberland Farms and now by Sun Company. Inc. 1B', The current Middlesex Township Zoning Ordinance shall be Incorporated into and made a part of the record of this Hearing. End Stlpulallons . Sunoco 9/17/97 Sun Company, Inc, Proposed Stipulations 2 . CONCLUSIONS: 1. Any man made object having a stationary location is defined by the Zoning Ordinance as a "structure". Middlesex Zoning Ordinance Art. 11-22 2. The sign structure in question therefore constitutes a " non-conforming structure " as defined by the zoning ordinance for the reason that it pre-dates operative ordinance restrictions, Middlesex Zoning Ordinance No. 3-89, Art. 11-16 3. The non-conforming sign structure on the u----subject property also constitutes an " advertising structure" and a "ground pole sign" as defined respectively by the Zoning Ordinance. Middlesex Zoning Ordinance Art. 11-2 & II-20 4. The sign structure in question may also fall within the broad definition of the term "sign" which includes "any structure" used to advertise. It is clear however that the sign board does the actual advertising and that sign content can be removed changed and altered without affecting the underlying support structure. Therefore, the Board concludes that the structure is separate and distinct from the sign board which does the actual advertising. Middlesex Zoning Ordinance Art. 11-19 6. The Zoning Ordinance contains a distinct definition of "advertisement" activity. separate and as a use or Middlesex Zoning Ordinance Art.II- 2 6. Although the Board previously found that the "Gulf" message sign affixed to the sign structure was obsolete, there was no evidence indicating that the owners or lessors of the sign structure intended to abandon the sign structure. Nor does the fact that the sign message was obsolete as to its content fairly imply that the entire sign structure was obsolete. The Board therefore concludes that the nonconforming sign structure was neither abandoned nor obsolete as would require its removal. Middlesex Zoning Ordinance # 14.16 A,2,g; #14.16 D; 14.16 F 7. The Board has examined legal authorities on the issue of abandonment and concludes that the mere vacancy of the former Gulf station, and the resultant obsolescence of the Gulf sign as an advertising use cannot be deemed to . ."" 6 ") 1 letters, You probably already had an idea that's what 2 it would look like. 3 And as you can see, that sign is proposed to 4 be 198 square feet. The existing one is evidently 5 about -- or 208 square feet, a little over, And that's 6 really the sign which is the subject of this evening's 7 proceedings. 8 The code enforcement officer set forth a 9 number of reasons for his denial of the permit because 10 the sign, of course, does not comply with your current 11 ordinance, which limits the sign to 35 feet, and it's, 12 in fact, 80 feet. It would limit the sign to 50 square .......... 13 feet of surface area or sign area, and it's obviously 14 much larger than that. It would limit the total number 15 of signs on the property to either three or four, and 16 we have -- r'd have to count here again -- six existing 17 and five planned and a few other areas in which the 18 signs do not now comply -- the sign does not now comply 19 with your current ordinances. 20 What we have stipulated is that the sign is 21 a nonconforming sign. That doesn't address this issue 22 of abandonment or anything like that. 23 MR. HARKER: Mr. Tiley, Mr. Brenneman, one 24 of our board members, Mr. Layman, who was earlier v 25 unable to get here on time, has, since you began, just C.P.C,R.S, @ fastfngers@aol,com (717) 258-3657 or (800) 863-3657 ..:~. :-....~. .. 25 ') 1 then rules. That is what I think I heard, and that was 2 the point I was going to try and clarify. 3 MR. HARKER: Well, that's Mr. Brenneman's 4 argument. 5 MR. BOYER: That is Mr. Brenneman's 6 argument. 7 MR. HARKER: That seemed to be his argument, 8 but he jOins that with the one-year provision for 9 abandonment. And, of course, it isn't a situation 10 where the sign was taken down or put into disuse for 11 one day here; it was an extended period of time. I 12 don't remember what the time period was. Again, that's o 13 in the transcript. 14 MR. BOYER: I just wanted to clarify that 15 point of argument because that small point is one that 16 I had not heard before. And, indeed, you're correct; 17 it is coupled to the one-year abandonment. 18 THE CHAIRPERSON: If we're all agreed, and 19 we are, we'll table this matter. 20 MR. HARKER: Thank you. 21 MR. TILEY: Thank you. 22 (Whereupon, this portion of the hearing was adjourned at 7:35 p.m.) 23 24 tJ 25 C.P.C.R.S. @ fastfngers@aol.com (717) 258-3657 or (800) 863-3657 { . I \~ or' i: 0, " 'I " \ , " . . I PRAEC~PE FOR L~ST~NG CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. BOARD OF SUPERVISORS MIDDLESEX TOWNSHIP, Appellant IN THE COURT m' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP ZONING HEARING BOARD, Appellee SUN COMPANY, INC., Intervenor NO. 98-1317 LAND USE APPEAL 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Zoning Hearing Board correctly decided that Intervenor's non-confonning signs were not abandoned and that Intervenors could replace the sign faces with new advertising messages. 2. Identify counsel who will argue case: (a) for Appellant: Board of Supervisors of Middlesex Township Address: Keith O. Brenneman, Esq. 44 West Main Mechanicsburg, PA 17055 (b) for Appellee: Middlesex Township Zoning Hearing Board Address: Edward W. Harker, Esq. Michael R. Rundle, Esq. One West High Street 28 S. Pitt Street Carlisle, PA 17013 Carlisle, PA 17013 (c) for Intervenor: Sun Company, Inc. Address: Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 13, 1999 / ' p~"w dJ '/ _4-;; Stephen D. Tiley, Esquire Attorney for Intervenor Dated: August/.. ,1999 . .. . .. I.. #-." I .1' .... .